EU Inc (the 28th regime) · 2026/0074(COD)
Supports the EU Inc. proposal's online formation, use of a Regulation, and templates but wants stronger creditor and shareholder protection and clearer legal certainty.
Keep the emphasis on online formation with preventive control and electronic deliberations, and use EU-level templates for articles of association to reduce transaction costs.
Introduce a more balanced approach to creditor protection with targeted creditor-protection measures and add mandatory and default shareholder-protection rules to avoid a race to the bottom.
“The Commission should consider a more balanced approach to creditor protection. The current proposal contains fewer mandatory safeguards than most national private company forms... We therefore suggest that the Commission consider introducing a number of targeted creditor-protection measures. Moreover... the current proposal does not yet meet a sufficient standard in this respect and should therefore be supplemented with additional mandatory and default shareholder-protection rules.”
BCV_CDS_EU Inc_Call for Evidence_20260625_final.pdf, page 1
Supplement the Regulation with crucial mandatory and well-considered default rules on governance and shareholder protection rather than leaving many matters solely to contractual freedom.
“The decision to leave many matters relating to governance and shareholder rights to contractual freedom in the articles of association, provided that the Regulation is supplemented with crucial mandatory rules and well-considered default rules on governance and shareholder protection;”
BCV_CDS_EU Inc_Call for Evidence_20260625_final.pdf, page 2
Govern employee co-determination exclusively by the law of the registered office, except in cases of cross-border conversion or merger.
“The principle that employee co-determination shall be governed exclusively by the law of the registered office (save where the EU Inc. is established by means of a cross-border conversion or merger).”
BCV_CDS_EU Inc_Call for Evidence_20260625_final.pdf, page 2
Avoid fragmentation and clarify the legal relationship between the EU Inc. Regulation and national laws to prevent multiple national variants of the EU Inc.
“Article 4 of the EU Inc. Proposal should be substantially revised to clarify the relationship between the Regulation, the articles of association, and national law. The Regulation should also provide greater legal certainty. Fragmentation of the EU Inc. into twenty-seven national variants should be avoided.”
BCV_CDS_EU Inc_Call for Evidence_20260625_final.pdf, page 1
Substantially revise Article 4 to clarify the relationship between the Regulation, the articles of association, and national law to avoid fragmentation into 27 national variants and provide greater legal certainty.
“Article 4 of the EU Inc. Proposal should be substantially revised to clarify the relationship between the Regulation, the articles of association, and national law. The Regulation should also provide greater legal certainty. Fragmentation of the EU Inc. into twenty-seven national variants should be avoided.”
BCV_CDS_EU Inc_Call for Evidence_20260625_final.pdf, page 1
No specific tax position taken; acknowledges the proposal but does not comment on tax treatment.
“We do not rehearse these positive features at length... The first issue we wish to raise concerns the stated objectives of the Regulation, and the risk that expectations about its transformative impact may prove significantly overstated.”
BCV_CDS_EU Inc_Call for Evidence_20260625_final.pdf, page 2
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