Applies toEUDE

Women's Quota (Section 76 AktG / FüPoG II)

Gender quota for supervisory boards / management boards

TL;DR

The women's quota comprises statutory minimum quotas for women on supervisory boards (AR) and management boards. Governed by § 76 AktG (management board), § 96 AktG (supervisory board) and FüPoG II.

What is the Women's Quota (Section 76 AktG / FüPoG II)?

Statutory gender quotas for supervisory and management boards rest on national company law and are governed separately in Germany and Austria. The European requirement (Directive (EU) 2022/2381), by contrast, applies equally in both countries.

Germany

Thresholds:

  • 30% supervisory board quota: listed companies with equal codetermination
  • Management board: from 4 members, at least 1 woman (FüPoG II 2021)
  • Where not met: the 'empty chair' rule

Austria

In Austria, a gender quota of 30% on the supervisory board has applied since 1 January 2018 (Act on Equality of Women and Men on Supervisory Boards – GFMA-G):

  • 30% supervisory board quota for listed companies or undertakings with more than 1,000 employees on a permanent basis (§ 86(7) AktG; in parallel § 30 GmbHG)
  • Conditions: at least 6 shareholder representatives on the supervisory board and at least 20% of each gender in the workforce
  • In the event of a breach: the election or appointment is void and the seat remains vacant ('empty chair', § 86(8) AktG)

Austria has no separate statutory management-board women's quota of the kind found in the German FüPoG II.

Practical example

A DAX company with a six-member management board must have at least 1 woman. Otherwise the position remains vacant until a woman is found.

Frequently asked questions

Does it apply to SMEs?
No, only to listed companies with codetermination. SMEs on a voluntary basis — but the EU Listed Companies Directive 2022/2381 extends the scope.
An EU-wide obligation?
EU 2022/2381 from 06/2026: 40% supervisory board / 33% overall for listed companies. The Directive applies equally in Germany and Austria.

See also

Practitioner note: This article is practice-oriented compliance documentation, not legal advice. We are compliance specialists, not a law firm. For legally binding advice, consult an admitted lawyer.