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Debt Collection Agency License (Inkassoinstitute)
GewO §94 Z.32
Verified: April 2026
Key Facts
- Type: Regulated trade (reglementiertes Gewerbe)
- Qualification: Entrepreneur exam + specific professional competence
- Registration cost: Free (€0)
- FMA license: Not required (Inkasso is a trade, not a financial service)
- Professional rules: Standesregeln apply (code of conduct)
- Note: Cannot provide legal advice or representation in court
What Does This Trade Cover?
The debt collection trade license covers the extrajudicial recovery of debts on behalf of creditors:
- Sending payment reminders and formal demand letters (Mahnschreiben)
- Negotiating payment plans and settlements with debtors
- Monitoring outstanding receivables and managing dunning processes
- Tracing debtors and verifying current addresses
- Preparing documentation for potential court proceedings (but not filing them)
- International debt collection within the EU framework
Debt Collection vs. Legal Practice
Inkassoinstitute handle extrajudicial debt recovery only. They cannot file lawsuits, represent
clients in court, or provide legal advice — those activities are reserved for lawyers
(Rechtsanwaelte). If a debtor does not pay after extrajudicial efforts, the case must be
handed to a lawyer or the creditor for court action.
Standesregeln (Code of Conduct)
Debt collection agencies in Austria are subject to professional conduct rules (Standesregeln) that regulate their operations:
- Fair treatment: Debtors must not be harassed, threatened, or misled about legal consequences
- Transparency: All fees and costs must be clearly communicated to both creditor and debtor
- Data protection: Strict GDPR compliance when processing debtor personal data
- Separation of funds: Collected amounts must be kept in a separate trust account (Anderkonto)
- Identification: The agency must clearly identify itself in all communications with debtors
No FMA License Needed
Unlike banks or financial service providers, Inkassoinstitute do not need a license from the Austrian Financial Market Authority (FMA). Debt collection is classified as a trade under the GewO, not as a financial service under the BWG or WAG. The trade authority (Bezirksverwaltungsbehoerde) is the competent registration body.
Qualification Requirements
- Entrepreneur exam (Unternehmerpüfung) or equivalent education
- Professional competence in civil law, enforcement law (Exekutionsrecht), and accounting
- Individual assessment (§19 GewO) with proof of relevant experience in the field
- Qualified manager (§39 GewO) who holds the required qualifications
Vollstaendige deutsche Version →
Related Guides
Legally binding: German text of GewO 1994.