Third-party costs in security interests in Austria

1. Is notarisation required and are fees payable?

Notarisation is required only in respect of the mortgage agreement (land charge). Notary fees are payable, depending on the mortgaged amount from EUR 5.10 up to EUR 8,509.70 (+ 20 % VAT if applicable).

2. Do the following securities / deeds require to be registered in the Local Property Register and what fees are payable? 

2.1 Pledge over shares in a limited liability company (GmbH), over shares in a stock company (AG) and over partnership interests (Anteile an Personengesellschaften)

No.

2.2 Pledge over (bank) accounts

No.

2.3 Security assignment of receivables 

No.

2.4 Security transfer of movable assets 

No.

2.5 Mortgage / land charge

Yes, registration fees are payable in the amount of 1.2 % of mortgaged amount.

2.6 Guarantee 

No.

2.7. Subordination of claims

No.

3. Do the following securities / deeds require to be registered at the local Registrar of Companies and what fees are payable? 

3.1 Pledge over shares in a limited liability company (GmbH) and over shares in a stock company (AG)

No.

3.2 Pledge over (bank) accounts

No.

3.3 Security assignment of receivables

No.

3.4 Security transfer of movable assets

No.

3.5 Mortgage / land charge

No.

3.6 Guarantee

No.

3.7 Subordination of claims 

No.

Please note that while the information on this page was current and accurate as at 5/9/16, it may no longer be current or accurate and so you must speak to your local CMS Banking contact if you require confirmation of any of the costs or fee levels as at today’s date!