Handbuch GUS

FiFo Ost

GENERAL PROVISIONS


Merchant
Article 1
(1)
(Amended, SG No. 83/1996) For the purposes of this Law a merchant shall mean any natural or legal person engaged by occupation in any of the following transactions:
1.
purchasing goods or other chattels for the purpose of reselling them in their original, processed or finished form;
2.
sale of one's own manufactured goods;
3.
purchasing securities for the purpose of reselling them;
4.
commercial agency and brokerage;
5.
commission, forwarding and transportation transactions;
6.
insurance transactions;
7.
banking and foreign-exchange transactions;
8.
bills of exchange, promissory notes and cheques;
9.
warehousing transactions;
10.
licence transactions;
11.
supervision of goods;
12.
transactions in intellectual property;
13.
hotel operation, tourist, advertising, information, entertainment, impresario and other services;
14.
purchase, construction or furnishing of real property for the purpose of sale;
15.
leasing.
(2)
Merchants are:
1.
the companies;
2.
the cooperatives, except housing cooperatives.
(3)
Any person which has established a business, which in accordance with its purposes and volume requires that its activities be conducted on a commercial basis even if not listed under paragraph 1, shall also be deemed a merchant.


Persons Who Are Not Merchants
Article 2

The following shall not be deemed merchants:

1.
natural persons engaged in farming;
2.
artisans, persons providing services through their own labor or members of the professions, except where their activity may be defined as a business within the meaning of Article 1, paragraph 3;
3.
persons providing hotel services by letting rooms in their own home.
 
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