Director Consent Form - Austria

Director Consent Form for Austria

Director Consent Form Template for Austria

A formal document under Austrian corporate law that records an individual's explicit consent to serve as a director of a company and their acknowledgment of associated duties and responsibilities. The form includes mandatory declarations required by the Austrian Stock Corporation Act (Aktiengesetz) and Commercial Code (Unternehmensgesetzbuch), confirming the appointee's eligibility, understanding of director duties, and compliance with legal requirements. This document serves as essential evidence for Commercial Register (Firmenbuch) filings and corporate record-keeping, incorporating specific provisions that align with Austrian corporate governance standards and regulatory requirements.

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What is a Director Consent Form?

The Director Consent Form is a mandatory document required under Austrian corporate law when appointing new directors to a company's board. This document must be executed prior to filing the director's appointment with the Commercial Register (Firmenbuch) and serves multiple purposes: it provides explicit evidence of the director's willingness to serve, confirms their eligibility under Austrian law, and demonstrates their understanding of director duties and responsibilities. The form includes personal information, qualification confirmations, and various declarations required by Austrian corporate legislation. It forms part of the company's official records and may be required by regulatory authorities, banks, or other stakeholders as proof of valid director appointment. The Director Consent Form must comply with both the Austrian Stock Corporation Act (Aktiengesetz) for AGs and the Limited Liability Companies Act (GmbH-Gesetz) for GmbHs, depending on the company type.

What sections should be included in a Director Consent Form?

1. Director Details: Full legal name, date of birth, residential address, nationality, and other identifying information of the appointed director

2. Company Information: Legal name of the company, registration number, registered office address

3. Consent Declaration: Formal statement of consent to act as director of the company

4. Qualification Confirmation: Declaration that the individual meets all legal requirements to serve as a director under Austrian law

5. Legal Compliance Statements: Declarations regarding no disqualification orders, bankruptcy status, and criminal record status as required by Austrian law

6. Acknowledgment of Duties: Confirmation of understanding director duties and responsibilities under Austrian law

7. Signature Block: Space for director's signature, date, and witness details if required

What sections are optional to include in a Director Consent Form?

1. Additional Board Positions: Declaration of other board positions held, used when the director serves on other company boards to assess potential conflicts

2. Share Ownership Declaration: Declaration of any shares held in the company or related companies, included when required by company policy

3. Professional Qualifications: Details of relevant professional qualifications, included when required for specific industry regulations or company policy

4. Independence Declaration: Declaration of independence as per Austrian Corporate Governance Code, required for listed companies

5. Conflicts of Interest: Detailed disclosure of any potential conflicts of interest, included when specific conflicts need to be documented

What schedules should be included in a Director Consent Form?

1. Schedule 1 - Copy of Identification Documents: Certified copies of passport or national ID card

2. Schedule 2 - Proof of Address: Recent utility bill or bank statement confirming residential address

3. Schedule 3 - Criminal Record Check: Official criminal record extract (Strafregisterauszug) if required

4. Schedule 4 - Professional Certificates: Copies of relevant professional qualifications or certifications, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Free to use

Relevant legal definitions

Clauses

Relevant Industries

Banking & Financial Services

Insurance

Manufacturing

Technology

Retail

Healthcare

Energy

Real Estate

Transportation

Telecommunications

Professional Services

Construction

Agriculture

Mining

Education

Non-Profit Organizations

Media & Entertainment

Hospitality

Pharmaceutical

All other commercial sectors

Relevant Teams

Legal

Corporate Secretariat

Compliance

Corporate Governance

Board Administration

Executive Office

Administrative Support

Risk Management

Corporate Affairs

Relevant Roles

Director

Managing Director

Board Member

Executive Director

Non-Executive Director

Company Secretary

Corporate Governance Officer

Legal Counsel

Chief Executive Officer

Chief Legal Officer

Compliance Officer

Corporate Administrator

Board Secretary

General Counsel

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Digital Consent Form

An Austrian law-compliant Digital Consent Form for obtaining GDPR-aligned explicit consent for personal data processing.

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What is a Director Consent Form?

What sections should be included in a Director Consent Form?

What sections are optional to include in a Director Consent Form?

What schedules should be included in a Director Consent Form?

Authors

Alex Denne

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