The Private Equity Review Tenth Edition by Stephen L Ritchie
Part I
Fundraising
Chapter 1
AUSTRIA
Martin Abram and Clemens Philipp Schindler
I GENERAL OVERVIEW
At the time of writing, no information was available about the fundraising market in
2020. The most recent information available is for 2019, for which the Austrian Venture
Capital Association reported that Austrian private equity and venture capital funds raised
€192 million, compared with €162 million in 2018 and €216 million in 2017.
The number and volume of Austrian private equity and venture capital funds continues
to be well below the European average.
The announcement of the Austrian government in 2020 that it intends to implement
a programme to provide incentives for private equity investment into start-ups and small
and medium-sized enterprises (SMEs), which includes potential tax incentives as well as a
new corporate form (akin to a Luxembourg SICAV) for alternative investment funds (AIFs),
was not pursued mainly because of the covid-19 pandemic and its economic impact. As two
major Austrian banks have announced their intention to set up AIFs to provide equity and
debt financing primarily to Austrian SMEs to counteract the economic effects of the covid-19
pandemic, it is expected that this will provide new impetus to the Austrian government to
actually implement the announced programme.
II LEGAL FRAMEWORK FOR FUNDRAISING
Since the introduction of the Alternative Investment Manager Act (AIFMG), which
implements the Alternative Investment Fund Managers Directive, most private equity
funds established in Austria will qualify as AIFs under the AIFMG. An AIF is defined as a
collective investment undertaking that raises capital from a number of investors to invest it
in accordance with a defined investment policy for the benefit of those investors, and that
does not use the capital for direct operational purposes. Funds pursuant to the Austrian
Investment Funds Act as well as funds qualifying under the Austrian Real Estate Investment
Funds Act are not captured by the AIFMG.
The formation of an AIF requires the prior approval of the Austrian Financial Market
Authority (FMA) if the fund is managed by a licensed alternative investment fund manager
(AIFM). If the fund is managed by a registered AIFM, it only has to be registered with
The Private Equity Review Tenth Edition by Stephen L Ritchie