EU Inc (the 28th regime) · 2026/0074(COD)
Supports the EU Inc. proposal's goals but wants stronger legal certainty, preventive controls, and a clearer legal basis.
Ensure preventive administrative, judicial or notarial control is included in the digital incorporation process to maintain legal certainty and prevent fraud.
“The proposal for an EU Inc. departs from this line. The arrangements it foresees shift control and risk from the preventive (ex ante) phase to the downstream (ex post) phase, while at the same time privatising central verification and safeguarding functions... It therefore appears essential that the reliability of register information, the secure attribution of shareholdings and central state control functions are preserved and not sustainably impaired.”
Austrian Chamber of Civil-Law Notaries - Contribution to the Public Consultation - EU Inc..pdf, page 2
Maintain minimum capital requirements and preventive controls on capital raising to protect shareholders, creditors, employees and the public.
“The essential difference in relation to existing national legal forms lies... in the fact that the latter incorporate a balance of interests secured by concrete protective mechanisms: preventive control by the notary and the court, the verification of the identity and legal capacity of the founders, the control of the raising of capital and the examination of the legality of the articles of association.”
Austrian Chamber of Civil-Law Notaries - Contribution to the Public Consultation - EU Inc..pdf, page 3
Review and change the legal basis from Article 114 TFEU to Article 352 TFEU to ensure legal certainty and proper competence for creating a new supranational company form.
“The competence of the Union to base a regulation establishing a company-law 28th regime on Article 114 TFEU is doubted... The Austrian Chamber of Civil-Law Notaries therefore suggests that, as an alternative to Article 114 TFEU, Article 352 TFEU should be considered.”
Austrian Chamber of Civil-Law Notaries - Contribution to the Public Consultation - EU Inc..pdf, page 4
Avoid weakening national insolvency protections by preventing companies from converting to EU Inc. to exploit easier winding-up procedures; treat dissolution as a structural corporate measure requiring preventive control.
“There is a risk that existing capital companies might convert into the legal form of the EU Inc. shortly before the onset of insolvency in order to benefit from the easier winding-up and to evade stricter national insolvency rules... The Austrian Chamber of Civil-Law Notaries proposes... to recognise the dissolution as a structural corporate measure rather than a purely administrative procedure... and thus remaining subject to preventive control.”
Austrian Chamber of Civil-Law Notaries - Contribution to the Public Consultation - EU Inc..pdf, page 9
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.
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