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Claudia Fochtmann-Tischler

Mag. Claudia Fochtmann-Tischler joined the Baker McKenzie Vienna office in 2021. She is member of the Baker McKenzie Corporate/M&A Practice Group in Vienna. Claudia has more than 10 years of experience advising clients in complex national and international corporate reorganizations and mergers and acquisitions. From 2011 to 2021 she worked as an associate and then senior associate at one of the largest independent Austrian law firms, where Claudia advised national and international clients in all kinds of corporate matters, corporate reorganizations and mergers and acquisitions with a strong track record in the banking sector. In 2013, she gained valuable experience in the legal department at a listed Austrian company in the textile industry.

Enhancing flexibility: Austria has introduced the flexible company (Flexible Kapitalgesellschaft, “FlexCo”) as a new type of legal entity. After years of efforts to make its corporate law landscape more attractive to founders and venture capital investors, the Austrian legislature enacted a legislative package in December 2023. It will become effective as of 1 January 2024.

This legal alert aims to summarize the main characteristics of the FlexCo and its differences from the commonly used limited-liability company (GmbH). The conclusion outlines considerations to take into account when deciding whether to incorporate in Austria in the legal form of the FlexCo instead of the GmbH.