Market participants have adapted to the covid-19 pandemic and supply chain issues, which
resulted in robust private equity activity until around mid-2022. From mid-2022, activity
started to slow down in general, but in particular in the venture capital sector and less so
in the growth capital segment, as investors got more cautious given the macro-economic
downturn. This may cause certain auctions scheduled for 2023 to be postponed until there
is better overall visibility. We would also expect distressed M&A to pick up in 2023 as this
time around no government support schemes are planned.
Venture capital (VC) provides seed funding and early-stage expansion and growth capital for start-ups and emerging growth companies. Individual angel investors and VC funds supply the funding and capital primarily in (priced) equity financing transactions and via (unpriced) convertible loans or forward equity instruments (eg, simple agreement for future equity (SAFE) or simple equity investment contracts (SEICs). Angels and VCs fund fast-growing start-ups led by promising entrepreneurs at negotiated private company valuations that are intended to be attractive enough to yield significant upside gains as the portfolio companies grow, generate revenues and eventually exit in a company sale or an initial public offering (IPO). Exits via an IPO are rather the exception and, if completed, happen on a foreign exchange.
Private M&A transactions in Austria are commonly structured as share deals. The specifc details of each transaction vary depending on the parties involved. The buyer and seller begin by defning their objectives, conducting a preliminary due diligence and evaluating the transaction’s strategic fit. They may engage advisors such as investment bankers, lawyers and accountants to assist in the process.
Austria is generally considered a creditor-friendly jurisdiction,
although the introduction of the new Reorganisation Code via
the Restructuring and Insolvency Directive Implementation Act
now provides an additional option for debtors to restructure in
A practical cross-border insight into restructuring and insolvency law 16th Edition
Practical cross-border insights into corporate tax law
A practical cross-border insight into private equity law
A practical cross-border insight into restructuring and insolvency law