EU Inc (the 28th regime) · 2026/0074(COD)
Supports fast, digital, and low-cost company setup but wants clearer interaction with national laws and better scaling provisions.
Design the regime to include not only startups and scaleups but also mid-caps, returnee founders, and international talent, avoiding a narrow legal definition of 'startup'.
“3. Expand the Scope – Go Beyond “Startups” While the regime should be designed for startups and scaleups, it must not be limited to a narrow legal definition of “startup.” Europe needs to send a strong signal that it welcomes entrepreneurs of all types, including mid-caps, returnee founders, and international talent.”
25Q3 - Response to EC Call for Evidence on the 28th Regime (30 Sep).pdf, page 3
Keep the fast, digital, and low-cost setup procedures, including company formation within 48 hours and at a maximum cost of €100, with no minimum capital requirement.
“We welcome key elements of the proposal that make it easier for companies to incorporate across Europe; in particular, Article 16 (mandating EU Inc company formation within 48 hours and at a maximum cost of €100), Article 18 (mandating full digital-only formation), and Article 62 (clarifying there is no minimum capital requirement). These elements must remain undiluted in the final proposal.”
26Q2---Response-to-EC-Consultation-on-EU-Inc.pdf, page 2
Create a fully centralised EU registry from day one to improve legal certainty and monitoring of EU Inc companies.
“Create a fully centralised EU registry from day 1.”
Feedback, 2026-06-25
Create a single EU-level legal entity under Article 352 TFEU with direct incorporation at EU level, no national gold-plating, fully digital setup and filings, elimination of notaries and local chambers, and fast-track company creation ideally under 48 hours.
“A single EU-level legal entity proposed by Regulation ● Direct incorporation at EU level — no national gold-plating, no implementing acts. ● Immediately operable across all 27 Member States, creating a Single Market for entrepreneurs. A central EU digital platform for incorporation and governance ● Set up, filings, and share issuance fully digital. ● Eliminate reliance on notaries, apostilles, and local chambers. ● Fully remote and paperless, with fast-track company creation (ideally under 48 hours).”
25Q3 - Response to EC Call for Evidence on the 28th Regime (30 Sep).pdf, page 2
Include built-in, plug-and-play tools for issuing Employee Stock Ownership Plans (ESOPs) across borders, automatic recognition of share classes and investor rights, and a pan-European equivalent to SAFE agreements and other early-stage subscription models to reduce legal uncertainty and costs.
“Employee Stock Ownership Plans and fundraising workflows built-in ● Plug-and-play tools for issuing ESOPs across borders. ● Automatic recognition of share classes, investor rights, and equity instruments. Standardised Investment Framework ● Provide for a pan-European equivalent to SAFE agreements (Simple Agreements for Future Equity), BSA-AIRs (in France), and other early-stage subscription models. This would give founders and investors a consistent, trusted platform to issue and manage convertible investments across the EU, reducing deal friction, legal uncertainty, and costs.”
25Q3 - Response to EC Call for Evidence on the 28th Regime (30 Sep).pdf, page 3
Retain the EU Employee Stock Option Plan allowing stock options to be taxed only at exit to incentivize employee participation and investment.
“We welcome the proposed establishment of an EU Employee Stock Option Plan (ESOP) (Article 78), which allows EU Inc companies to grant stock options to employees and, critically, taxes the options only at the time of exit (Article 79).”
26Q2---Response-to-EC-Consultation-on-EU-Inc.pdf, page 4
Provide standard equity term sheets, shareholder agreements, and convertible notes integrated into the 28th regime's platform to support share classes, voting rights, and share transfers.
“Standard equity term sheets, shareholder agreements, and convertible notes, integrated into the 28th regime's platform.”
25Q3 - Response to EC Call for Evidence on the 28th Regime (30 Sep).pdf, page 3
Confirm that hiring employees across borders does not trigger burdensome cross-border branch requirements, allowing remote-first operations without local brand or compliance obligations.
“It is critical, then, that the proposal confirms that simply hiring across borders does not trigger the Cross-Border Branches requirements in Chapter IV, which impose burdens and go against the one-and-done approach that EU Inc aims to achieve.”
26Q2---Response-to-EC-Consultation-on-EU-Inc.pdf, page 4
Clarify the interaction between the EU Inc framework and national laws to reduce fragmentation and provide minimum harmonisation for tax and labour laws, and ensure the 48-hour formation mandate is absolute without national notary delays.
“Article 4 should provide as much as clarity as possible on the interaction of EU Inc with national laws, including a minimum level of harmonisation for tax laws (e.g., tax residency laws) and labour laws (e.g. social security laws), and avoid mandating the application of the highest standards across EU Inc companies. Finally, the final text should ensure that Article 16’s mandate that an EU Inc company should be able to be formed within 48 hours is not subverted by national notaries.”
26Q2---Response-to-EC-Consultation-on-EU-Inc.pdf, page 3
Provide greater legal certainty throughout the company life cycle, including clearer rules on restructuring, bankruptcy, valuation changes, and founder disputes.
“The framework should clarify legal consequences in instances such as these.”
26Q2---Response-to-EC-Consultation-on-EU-Inc.pdf, page 4
Implement the 28th regime as a Regulation under Article 352 TFEU to ensure direct effect across the EU without national implementation and avoid national gold-plating or implementing acts.
“The European entrepreneurial ecosystem needs a single, unified legal form created under Article 352 — one that truly meets the needs of startups and scaleups. This should include: A single EU-level legal entity proposed by Regulation ● Direct incorporation at EU level — no national gold-plating, no implementing acts.”
25Q3 - Response to EC Call for Evidence on the 28th Regime (30 Sep).pdf, page 2
Consider tax implications as part of the overall framework but no specific tax stance is expressed.
“The Chamber of Progress strongly supports the Commission’s efforts to develop an EU-level corporate framework, or “28th regime”, for startups and scaleups. This initiative offers a once-in-a-generation opportunity to remove longstanding barriers to growth and investment in Europe, and to deliver on the promise of a true Single Market for entrepreneurs.”
25Q3 - Response to EC Call for Evidence on the 28th Regime (30 Sep).pdf, page 1
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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