EU Inc (the 28th regime) · 2026/0074(COD)
Supports the EU Inc. proposal overall but wants clearer rules on administrative procedures, broader access to simplified winding-up, less restrictive employee stock option rules, and explicit future harmonisation ambitions.
Maintain broad scope for EU Inc. allowing all company types, enable digitalised processes for company formation within 48 hours, and remove burdensome paper-based requirements.
Amend Article 28(2) and similar provisions to specify clearer, fact-based conditions under which authorities may request additional documentation to avoid routine or speculative requests and ensure proportionality.
“We therefore propose amending this and similar provisions throughout the Regulation to specify more clearly the circumstances under which authorities may require additional documentation from EU Inc. companies. Any such requests... should be based on verifiable facts, documented indicators and appropriate procedural safeguards. Authorities should also be required to justify such requests in writing in order to ensure proportionality, limit unnecessary administrative burdens and avoid duplication.”
260625_AE 28th regime response.pdf, page 3
Increase the 25% ownership limit for eligibility under the EU employee stock option plan (EU-ESO) to around 33%, and reduce the 24-month previous holding restriction to 12 months for innovative start-ups to allow more flexibility.
Add wording in Article 79 for the Commission to issue a Recommendation by July 2027 on the place of taxation of EU-ESO to provide legal certainty and reduce double taxation risks.
Delete Article 105 on accounting as it duplicates Article 4(2) and risks confusion; alternatively clarify accounting requirements within Article 26 or Article 4(2).
“Article 105 appears to duplicate, in relation to accounting matters, the general conflict-of-laws rule already set out in Article 4(2). This repetition risks creating unnecessary redundancy, confusion and potential legal ambiguity, and we therefore recommend deleting Article 105 altogether.”
260625_AE 28th regime response.pdf, page 4
Keep the legal instrument as a Regulation rather than a Directive to minimise gold-plating and ensure uniform application.
“c. the choice of a Regulation rather than a Directive, which should help minimise the risk of gold-plating during national implementation. We therefore strongly support the Commission’s choice of legal instrument”
260625_AE 28th regime response.pdf, page 1
Explicitly state in the Regulation's recitals that the current proposal is only the first step and that the 28th regime should be expanded in the future to provide further harmonisation benefits.
Extend the simplified winding-up procedure to all EU Inc. companies or at least to those meeting the EU SME definition, not only innovative start-ups.
“We therefore believe that the rapid winding-up procedure set out in Chapter X of the Regulation should be made available to all EU Inc. companies. If the Commission’s concern is that extending the procedure universally could place excessive pressure on the relevant authorities, eligibility could instead be limited to EU Inc. entities that meet the EU definition of SMEs.”
260625_AE 28th regime response.pdf, page 4
Open source underneath
WhoShapedIt is a thin layer on open-source packages. Star them, fork them, build your own micro.
Open-source context and state for AI: it keeps only what matters for the question.
In WhoShapedIt: Reads every lobby submission and position paper and each official text, cut into passages, and judges each passage against nine questions (who can use EU Inc, workers on the board, tax…), so every ask and every step is read on the passages that address it.
Open-source Svelte components for clean, accessible interfaces.
In WhoShapedIt: The status, the timeline, the theme picker, the camps of lobbies and the organisation pages.
Also built with SvelteKit · Vercel AI SDK · Zod