FDI in Austria

Recently, the Austrian Legislature approved amendments to the ICA aimed at tightening FDI regulation in the country. So, let's take a closer look at the new piece of legislation & see what it takes to open a business in the EU now.

Austria: FDI Regulation

Pursuant to the amended law, regulatory approval is required if foreign investors intend to invest in an Austria-registered company by:

• acquiring a ten, twenty five or fifty percent stake in a company;
• acquiring full control over a company; 
• acquiring an Austrian company’s assets.

An acquired company must be operating in one of the sectors listed in the Appendix to the ICA. It must also be based in Austria & managed locally.

Those planning to start an investment activity in Austria should keep in mind that approval isn’t required if a company:

• has less than ten employees;
• has an annual turnover of less than two million euros.

Austria: FDI Restrictions

There’s a ten percent threshold applicable to FDI in some critically important sectors, such as:

• R&D in the pharmaceutical industry (the ten percent threshold is imposed for 12 months) .
• defense sector;
• energy & IT infrastructure;
• systems ensuring Austria’s data sovereignty.

Those seeking to conduct an M&A transaction in the Republic of Austria should keep in mind jurisdictional thresholds (twenty five & fifty percent ownership) in sectors like:

• IT & robotics;
• media;
• transport & telecommunications;
• energy & pharmaceutical;

Those looking to acquire a company in the Republic of Austria should keep in mind that indirect takeovers are also regulated by the amended law. What this means is that a more thorough screening process is now applicable to a wider range of FDI.