Republic of Austria

Yale University

Yale University EliScholar – A Digital Platform for Scholarly Publishing at Yale YPFS Documents (Series 1) Browse by Media Type 2016 Corporate Code, Section 221, last amended by Federal Law Gazette I No. 43/2016 Republic of Austria Follow this and additional works at: https://elischolar.library.yale.edu/ypfs-documents Recommended Citation Republic of Austria, "Corporate Code, Section 221, last amended by Federal Law Gazette I No. 43/2016" (2016). YPFS Documents (Series 1). 12485. https://elischolar.library.yale.edu/ypfs-documents/12485 This Document is brought to you for free and open access by the Browse by Media Type at EliScholar – A Digital Platform for Scholarly Publishing at Yale. It has been accepted for inclusion in YPFS Documents (Series 1) by an authorized administrator of EliScholar – A Digital Platform for Scholarly Publishing at Yale. For more information, please contact elischolar@yale.edu. 3/2/22, 6:53 PM RIS documenthttps://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40181520/NOR40181520.html 1/3short titleCorporate Codeannouncement bodydRGBl. S 219/1897 last amended by Federal Law Gazette I No. 43/2016Typebg§/Article/AnnexSection 221Effective Date07/20/2015shortcutUGBindex21/01 Commercial Lawnoticefor the reference period see Section 906 (28).textSECOND PART Supplementary regulations for corporationsFIRST TITLE size classesparaphraseSection 221.(1) Small corporations are those that do not exceed at least two of the following threecharacteristics:1. EUR 5 million balance sheet total;2. EUR 10 million in revenue in the twelve months prior to the reporting date;3. an annual average of 50 employees.3/2/22, 6:53 PM RIS documenthttps://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40181520/NOR40181520.html 2/3(1a) Micro corporations are small corporations that are not investment companies or holdingcompanies and do not exceed at least two of the three following characteristics:1. EUR 350,000 balance sheet total;2. EUR 700,000 in revenue in the twelve months prior to the reporting date;3. an annual average of 10 employees.(2) Medium-sized corporations are those that exceed at least two of the three characteristics specifiedin paragraph 1 and do not exceed at least two of the three characteristics below:1. EUR 20 million balance sheet total;2. EUR 40 million in revenue in the twelve months prior to the reporting date;3. an annual average of 250 employees.(3) Large corporations are those that exceed at least two of the three characteristics specified inparagraph 2. A company of public interest (§ 189a Z 1) is always considered a large corporation.(4) The legal consequences of the size criteria (paragraph 1 to paragraph 3 first sentence) come intoeffect from the following financial year if these criteria are exceeded or no longer exceeded on thereporting dates of two consecutive financial years. In the case of new formation and reorganization(merger, conversion, contribution, merger, real division or split), except in the case of a change of legalform, the legal consequences already occur if the size characteristics are available on the first reportingdate after the new formation or reorganization; this also applies to the abandonment of a business or partof a business if the size characteristics are at least half the size.(4a) Stock corporations that are parent companies (§ 189a Z 6) have to calculate the threshold values according to paragraphs 1 to 2 on a consolidated or aggregated basis.(5) A partnership within the meaning of Section 189 (1) no. 2 is subject to the legal form with regardto the facts regulated in Sections 222 to 227, Section 229 (1) to (3), Sections 231 to 243c and Sections268 to 285 legal provisions corresponding to their general partner; if this is not a corporation, the rules forlimited liability companies apply. In the case of companies of public interest within the meaning ofSection 189a Z 1 lit. a and d, this also applies to the establishment of a supervisory board and an auditcommittee. The classification into the size classes according to paragraphs 1 to 4a, 6 and 7 is based on therelevant key figures of the partnership itself.(6) The average number of employees is determined by the number of employees on the last day ofeach month within the financial year.(7) The Federal Minister of Justice is authorized to set other figures by ordinance instead of thecharacteristics listed in paragraphs 1 to 2 in the implementation of legal provisions of the EuropeanUnion.annotationThe USP contains the following article on this provision: Financial Statements <br />The USP contains the following article on this provision: Industrial Code (BGBl) (HT) <br />cf. § 907 paragraph 17EC/EU: Art. 15, Federal Law Gazette I No. 43/2016keywordsOHG, KGLast updated on3/2/22, 6:53 PM RIS documenthttps://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40181520/NOR40181520.html 3/307.02.2018law number10001702document numberNOR40181520

Corporate Code, Section 221, last amended by Federal Law Gazette I No. 43/2016

https://elischolar.library.yale.edu/cgi/viewcontent.cgi?article=13533&context=ypfs-documents

Corporate Code, Section 221, last amended by Federal Law Gazette I No. 43/2016

Abstract

Similar works

Full text

Available Versions

Yale University