Trade and Industry Legislation

Every activity that is independent in nature which is performed regularly and with the intention of realising a profit or other economic advantage is considered to be of a business nature and is subject to the terms and conditions of the Austrian Trade Act. Not covered by this Act, however, are such activities as the independent professions, banking, mining, agriculture and forestry.
 
In order to engage in business, including trading, companies with limited liability as well as partnerships must have a natural person who serves as the chief executive. This person need not be the same as the chief executive under commercial law, however, as his or her position and liability are based on the administrative provisions of the Trade Act and not the law of partnerships and companies of limited liability.
 
The company chief executive under trade law must either also serve as the chief executive under commercial law or be in the active employ of the company for a minimum of 20 hours per week.
 
Foreigners engaged in business activities in Austria are treated the same as Austrian nationals if they are EU citizens or if this is provided in state treaties or if arrangements for reciprocity have been made between Austria and their home country.