Investment Control (FDI Clearance)
Since the Investment Control Act took effect in Austria in July 2020, investment control has become increasingly important in international transactions that also involve Austrian subsidiaries or their assets. We frequently represent clients in investment control proceedings before the Federal Ministry for Digitalization and Economic Location.
Even if your transaction is only marginally connected to Austria, we recommend that you get investment control advice. The control mechanism now in force has a very broad scope of application and applies to a significant number of transactions, catching many buyers and sellers off guard.
We have prior experience advising on the Foreign Trade and Payments Act, and have already advised in numerous proceedings before the Ministry since the Investment Control Act took effect in July 2020.
Our team advises on the obligation to apply, the preparation of permit applications, applications for clearance certificates, and on all strategic issues related to investment control.
In addition to advising on Austrian investment control, we also coordinate investment control procedures in other jurisdictions for international transactions. Our international contacts create an efficient framework to successfully bring a transaction to approval in several parallel procedures.
If you have any questions regarding investment control, our multidisciplinary team will be happy to assist you at any time.
OUR FIELDS OF EXPERTISE
- Examination of possible permit obligations according to the investment control procedure
- Preparation of permit applications and representation in proceedings before the Ministry
- Application for a clearance certificate
- Advice on strategic investment control issues (also to sellers or target companies)
- Advice on possible remedies
- Coordination of parallel investment control procedures in several jurisdictions