Trade Licenses in Austria

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Questions and Answers

Who is exempt from needing a trade licence in Austria?

Freelancers and artists (correct)

Individuals running online businesses

Corporations with a trade manager

Owners of commercial property

What is one of the first steps in obtaining a trade licence in Austria?

Hiring a legal advisor

Submitting a business plan proposal

Obtaining a corporate bank account

Registering with the local chamber of commerce (correct)

In which situation is the appointment of a manager required under the Trade Act?

When the business operates in a foreign country

When a legal entity is created for the business (correct)

When the business is a sole proprietorship

When the business has multiple owners

Which of the following describes a sole proprietorship in Austrian company law?

A business solely owned and managed by one individual Signup and view all the answers

What is a key characteristic of a corporation under Austrian law?

Limited liability for its owners Signup and view all the answers

Which tax type is NOT generally applicable to individual business owners?

Corporate tax Signup and view all the answers

What does trademark law typically protect?

The symbol representing the business Signup and view all the answers

In cross-border situations, which aspect is generally considered?

International trademark disputes Signup and view all the answers

Which category of individuals is NOT mentioned in the AsylG?

Individuals with permanent residency Signup and view all the answers

What type of economic activity can recognised refugees and those with subsidiary protection status engage in?

The same economic activities as Austrian nationals Signup and view all the answers

What is one requirement for Selma if she wants to extend her student visa?

She must demonstrate that she is successfully pursuing her studies Signup and view all the answers

What is the maximum number of hours per week that Selma can work with her separate employment permit?

20 hours Signup and view all the answers

Which is a requirement for asylum seekers enjoying de facto protection?

They must have their asylum procedure admitted Signup and view all the answers

Which type of economic activity does not require a permit for Selma?

Self-employed economic activity Signup and view all the answers

What does Selma NOT need to consider when seeking employment in academic research and teaching?

She must apply for a restricted work permit Signup and view all the answers

Which of the following is true regarding regulated trades?

Specific qualifications are required to engage in regulated trades Signup and view all the answers

What is the primary focus of the separate Title on ‘Digital Trade’ in the TCA?

Both digital services and e-commerce for traditional goods Signup and view all the answers

What is necessary for Selma and Sebastian to legally start selling goods in Austria?

A trade license and registration with the trade authority Signup and view all the answers

Which statement is true regarding the majority of trades under the GewO?

Most trades are free and only require registration Signup and view all the answers

What does the TCA require regarding the treatment of digital trade?

It adopts the same framework as the WTO regimes Signup and view all the answers

What is the process for Selma and Sebastian to apply for a trade license in Austria?

They file an electronic application with accompanying documents Signup and view all the answers

Which of the following best describes the nature of digital trade as identified in the TCA?

It combines both digital commodities and services with e-commerce Signup and view all the answers

What potential concern does Selma have regarding her ability to obtain a trade license?

Her student visa might have restrictions Signup and view all the answers

What do special provisions in the TCA’s Title on Digital Trade imply for digital services?

They qualify largely as the supply of services Signup and view all the answers

What distinguishes a GesbR from a general partnership (OG)?

A GesbR cannot be entered into the company register. Signup and view all the answers

Which statement correctly describes the liability of partners in a general partnership (OG)?

Partners are personally and jointly liable without limitation. Signup and view all the answers

What requirement must a limited partnership (KG) fulfill regarding its partners?

At least one partner must have unlimited liability. Signup and view all the answers

What happens when a GesbR's turnover exceeds the threshold for formal accounting requirements?

It must transform into a general partnership (OG). Signup and view all the answers

How is a general partnership (OG) created?

By entry in the company register. Signup and view all the answers

Which of the following is required for the formation of a GesbR?

A written agreement is usually drawn up. Signup and view all the answers

What must a limited partnership (KG) obtain in its name?

Trade license only. Signup and view all the answers

In a GesbR, what must each partner obtain?

All necessary trade licenses. Signup and view all the answers

What must a natural person without full legal capacity do to start a trade in Austria?

Appoint a manager who fulfills the necessary requirements Signup and view all the answers

Which of the following is NOT a requirement for a company manager under Austrian law?

Being a resident of Austria Signup and view all the answers

When deciding on the application for starting a business in Austria, what initial consideration must Selma and Sebastian address?

Whether to act as sole proprietors or establish a company Signup and view all the answers

In Austria, what distinguishes a sole proprietor from other business types?

They operate alone for their own account Signup and view all the answers

What requirement applies when a person wishes to start a regulated trade without holding the necessary qualification?

They must appoint a qualified manager Signup and view all the answers

Which of the following statements is true regarding the application process for starting a business in Austria?

The application must specify the type of company or proprietorship Signup and view all the answers

What does the term 'trade regulation law' refer to in the context of starting a business?

The legal framework governing all trading activities and compliance Signup and view all the answers

What factor must company managers consider while fulfilling their role in Austria?

The actual influence they exert on the company's operations Signup and view all the answers

Study Notes

Trade Licence Overview

A trade licence is required for individuals engaging in economic activities regulated under Austrian law (GewO).
An application must be submitted to the competent trade authority (Gewerbebehörde) to obtain a trade licence, inclusive of various necessary documents.
The Austrian Business Licence Information System (GISA) allows for electronic filing of applications.

Permissions and Requirements

Economic activities classified as ‘free’ trades do not require special qualifications but must be registered.
Specific requirements exist for those from non-EU countries, such as Selma on a student visa, to secure an appropriate permission for self-employment.

Exceptions and Exclusions

Recognized refugees and individuals with subsidiary protection may conduct the same economic activities as Austrian nationals.
Asylum seekers and individuals with certain residence permits may require additional employment permits for working.

Regulated Trades and Qualifications

A list of regulated trades requires specific qualifications, where individuals without the necessary credentials must appoint a qualified manager under the Trade Act.
Companies must ensure compliance with trade regulations, and the appointed manager must meet specific requirements regarding company operations.

Company Law Framework

Decisions on the type of business entity (sole proprietorship vs. company) must be made prior to filing a trade licence application.
Types of business structures under Austrian law include sole proprietorship (Einzelunternehmen), civil law partnership (GesbR), general partnership (OG), and limited partnership (KG).

Business Structure Details

Sole Proprietorship: Operated by a single person utilizing personal assets for their business.
Civil Law Partnership (GesbR): Involves multiple individuals contributing labor or assets without formal registration; unlimited liability applies.
General Partnership (OG): Requires registration, exists upon entry in the company register, and partners are jointly liable for debts.
Limited Partnership (KG): Similar to OG but includes at least one partner with limited liability.

Managerial Requirements

In limited and general partnerships, trade licences must reflect the company's name, necessitating the appointment of a manager compliant with the Trade Act regulations.

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Description

This quiz covers essential topics related to trade licenses in Austria, including who needs one, the process of obtaining it, and exceptions to the requirement. Test your knowledge on the legal framework governing trade in the country.