Corporate Code
| Basic data | |
|---|---|
| Title: | Corporate Code |
| Long title: | Federal law on special civil law regulations for companies |
| Abbreviation: | UGB (HGB) |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Corporate law |
| Reference: | dRGBl. S 219/1897 |
| Effective date: | March 1, 1939, renamed the Corporate Code on January 1, 2007 |
| Last change: | Federal Law Gazette I No. 63/2019 |
| Please note the note on the applicable legal version ! | |
The Business Enterprise Code ( UGB ) treated in Austria , the Company Law . Company law is special civil law provisions , in particular company law , provisions on partnerships under company law, provisions on accounting and certain provisions on company-related transactions. The company code is the German commercial code issued in 1897 , which was introduced in Austria in 1938 and was finally given the current title in 2007.
Parts of company law, accounting regulations, special substitute, debt and property law norms, intermediary business and parts of the transport business will be regulated in the UGB as before in the HGB.
structure
The company code is divided into five books:
- First book (§ § 1 et seq up. § 58 UGB): General provisions (terms and scope, the commercial register , company , corporate transition, attorney and power of attorney )
- Second book (§ § 105 ff. To § 188 UGB): Open company (OG), limited partnership (KG) and silent partnership (stG)
- Third book (§ § 189 ff. To § 283 UGB): Accounting (accounting etc.)
- Fourth book (§ § 343 ff. To § 454 UGB): Company-related business (such as forwarding etc.)
- Fifth book (§ § 474 ff. To § 905 UGB): Sea trade
history
In 1862 the General German Commercial Code , which was valid in the German Confederation, was introduced under the name of the General Commercial Code in the Austrian Empire . This law was in 1897 in the German Reich by the Commercial Code replaced, which in turn after the connection was introduced in Austria to the German Reich on March 1, 1939, in Austria (except §§ were -lehrlinge 59-83 over clerks and as well as the Sections 84 to 92 on agents). It was introduced by the fourth ordinance on the introduction of commercial regulations in Austria on December 24, 1938 , which came into force on March 1, 1939. This introductory ordinance also contained numerous provisions that were required to harmonize with the standards of the Austrian General Civil Code (ABGB) - which was not replaced by the German BGB .
Even after 1945, the Austrian Commercial Code remained in force. Since then, the German and Austrian commercial codes have developed separately, even if the core provisions were still comparable. From the year 2000 the transformation into a company law was prepared. The reform took the form of an extensive amendment ( Federal Law Gazette I No. 120/2005 ) to the Commercial Code, which was renamed the Federal Law on Special Civil Law Provisions for Companies (Corporate Code - UGB) on this occasion . It essentially came into force on January 1, 2007. The reform was adjusted again with the Company Law Amendment Act 2008 , which came into force in 2009.
With the novella, the term merchant was also dropped ; In its place came the concept of the entrepreneur, which had already been created for the Consumer Protection Act and was adopted from there. In contrast to the original version of the Commercial Code, the amended legal framework, referred to as the Company Code, is again more compatible with the ABGB . In particular, the provisions contained in the Introductory Ordinance to the Commercial Code (EVHGB) have been incorporated directly into the legal framework.
As a result of the amendment, the basic property law regulations as well as the principles of the law of obligations will again be reintegrated into the ABGB (such as good faith acquisition of property or compensation ).
See also
- For the situation in Germany and Switzerland, see commercial law
- For the situation in Liechtenstein, see General German Commercial Code
literature
- Heinz Krejci (Ed.): Commentary on the innovations introduced by the HaRÄG 2005 in the Company Code and in the General Civil Code . Linde, Vienna 2007, ISBN 978-3-214-00379-1 .
- Wilma Dehn (Ed.): The new UGB . 2nd Edition. Linde, Vienna 2007, ISBN 978-3-7073-1177-8 .
- Anton Egger, Helmut Samer, Romuald Bertl: The annual financial statements according to the corporate code . 12th edition. tape 1 : The individual financial statements. Linde ,, Vienna 2008, ISBN 978-3-7073-1402-1 .
- Anton Egger, Helmut Samer, Romuald Bertl: The annual financial statements according to the corporate code . 5th edition. tape 2 : The consolidated financial statements. Linde, Vienna 2004, ISBN 3-7073-0280-6 .
Web links
- Corporate Code in the Legal Information System of the Republic of Austria (RIS)
- HaRÄG 2005 on ris1.bka.gv.at
