Run the numbers on the legal form
We look at your plans for participation, team and financing and check which form fits best, FlexCo, GmbH or something else.
FlexCo
The FlexCo, advised by a firm that is one itself
apac steuerberatung FlexCo is itself entered in the commercial register (Firmenbuch) as a FlexCo (the Austrian flexible company). We advise you on a legal form that we chose for ourselves, and we know from our own day-to-day work where it works well and where a GmbH is the quieter choice.
apac in the commercial register
- Legal form
- FlexCo (Flexible Kapitalgesellschaft)
- Commercial register
- FN 637966 k, Commercial Court of Vienna
- Registered office
- Vienna
In brief
FlexCo
The FlexCo (Flexible Kapitalgesellschaft, FlexKapG for short) is an Austrian corporation that has been available since 1 January 2024 and takes elements from both the GmbH and the stock corporation (Aktiengesellschaft).
It is intended above all for companies that want to give employees or investors a share in their success. For that it provides a share class of its own and less strict formal requirements than the GmbH.
Source: WKO, Flexible-Kapitalgesellschafts-Gesetz (FlexKapGG, the Austrian act on flexible companies), as of 2026
FlexCo or GmbH: where the difference really lies
Since 1 January 2024 the minimum share capital has been 10,000 euros for both legal forms, half of it in cash (as of 2026). So the FlexCo is not the cheaper GmbH. The difference lies in the shares.
Minimum share capital
FlexCo
10,000 euros, of which 5,000 in cash
GmbH
10,000 euros, of which 5,000 in cash
Transferring shares
FlexCo
Also by private deed drawn up by a lawyer or a notary
GmbH
Only by notarial deed
Enterprise value shares (Unternehmenswert-Anteile)
FlexCo
Up to 24.99% of the share capital, without voting rights
GmbH
Not provided for
Passing resolutions
FlexCo
Circular resolutions and digital signatures made easier
GmbH
Stricter formal requirements
For a classic business without any plans for participation, the GmbH often remains the simpler choice. The FlexCo plays to its strengths where you want to issue shares to your team or to investors. Which form fits your case is something we calculate for you before you set up the company.
Shares for the team, without giving up control
The enterprise value shares are the real tool of the FlexCo. You can issue them up to 24.99% of the share capital (as of 2026). Whoever holds them shares in the balance sheet profit and in the sale proceeds, but has no voting rights. That way you give your team or early investors a share in the success without every decision running through more votes.
On the tax side there is the start-up employee participation scheme (Start-Up-Mitarbeiterbeteiligung) under § 67a EStG (Income Tax Act), in force since 1 January 2024. Put simply: the employee does not pay tax on the share when it is granted, but only when she sells it, under certain conditions at a reduced rate as well.
Start-up employee participation
The relief only applies under certain conditions
The framework (as of 2026): no more than 100 employees and no more than 40 million euros in turnover in the year before, no group affiliation, and the shares issued within ten years of the company being set up. On the employee side, the holding period and the length of the employment relationship count. Whether your model fits is something we look at in detail, because the figures change with the legal position.
The implementation under company law rests with a notary or a law firm. One plus point of the FlexCo: you can transfer shares or subscribe new ones through a deed drawn up by a notary or a lawyer, without a separate notarial deed (§ 12 FlexKapGG). The articles of association for setting up the company do require a notarial deed; if you set up on your own, the simplified formation without a notary is also possible under certain conditions. We take care of the tax valuation and the ongoing accounting.
From the idea to a registered FlexCo
You do not set up a FlexCo on your own at the kitchen table. Three steps, with a clear division of who takes which one.
Prepare the structure and the tax side
We prepare the tax side: share classes, valuation, employee participation. The notarial certification is handled by the notary.
Stay looked after all year round
Once the company is entered in the commercial register, we take over bookkeeping, payroll accounting and the advice that lets you plan ahead.
Everything about setting up a business that is not FlexCo-specific, from registering the trade to SVS (social insurance for the self-employed), you will find under Start-ups.
Frequently asked questions about the FlexCo
FlexCo or GmbH: which one fits me better?
Both have had the same minimum share capital of 10,000 euros since 1 January 2024 (as of 2026). What matters is whether you want to issue shares to employees or investors: that is where the FlexCo plays out its strength with enterprise value shares. We work that out together in the initial consultation.
What are enterprise value shares?
A share class that exists only in the FlexCo. Holders share in the profit and the sale proceeds but have no voting rights. You can issue them up to 24.99 % of the share capital (as of 2026).
Can I convert my existing GmbH into a FlexCo?
Yes, changing legal form from a GmbH to a FlexCo is possible and runs through a conversion resolution and the commercial register (Firmenbuch). Whether the step pays off for you depends on your plans for issuing shares. Your notary handles the corporate side, we handle the tax side.
What does founding a FlexCo cost?
Our fee depends on the effort involved, more on the Fees page. On top come state costs such as the notary and the commercial register, which apply regardless of us. In the initial consultation you get a clear frame for that.
Run the numbers first, then set up
Bring along who you want to give a share to and how you plan to finance it. We will tell you which legal form fits and what it means for you in tax terms.