EU Inc (the 28th regime) · 2026/0074(COD)
Supports an optional European corporate framework but wants clearer EU law scope, stronger safeguards, and better creditor and shareholder protection.
Clarify the definition and scope of 'innovative startups' subject to simplified insolvency procedures to avoid uncertainty.
Allow lawyers to perform preventive control at incorporation alongside administrative, judicial, or notarial bodies, respecting legal professional privilege.
“the provision should therefore be revised to allow Member States to designate lawyers as competent authorities for preventive control.”
CCBE Position Paper and Comments on EU INC..pdf, page 15
Clarify how legality and compliance safeguards will operate in accelerated digital procedures, ensuring effective verification of founders, beneficial owners, and authority to act.
“The proposal also relies heavily on accelerated digital procedures while providing limited detail on how legality and compliance safeguards will operate in practice.”
Feedback, 2026-06-25
Accompany the absence of minimum capital with robust alternative safeguards such as solvency tests, restrictions on unlawful distributions, directors’ liability, early-warning obligations, and enhanced transparency to protect creditors.
“The absence of a formal minimum capital requirement... cannot be regarded as neutral unless accompanied by a coherent and sufficiently robust alternative framework of safeguards.”
CCBE Position Paper and Comments on EU INC..pdf, page 4
Clarify the application of employee participation rules and ensure transparency about their applicability to 'EU Inc.' companies.
“It would additionally be helpful if Member States were required to notify: i. the employee participation rules applicable in the Member State which may apply pursuant to Article 12;”
CCBE Position Paper and Comments on EU INC..pdf, page 11
Require a genuine link between the registered office and the Member State of registration, such as effective management or substantive business presence, certified by directors.
“it is therefore appropriate to consider introducing a requirement ensuring a genuine link between the ‘EU Inc.’ and the Member State of registration, which could be achieved by requiring that the registered office correspond to the place of effective management or to a demonstrable and substantive business presence.”
CCBE Position Paper and Comments on EU INC..pdf, page 14
Clearly define which matters are governed directly by EU law and limit recourse to national law to expressly identified residual areas to ensure uniformity.
“the Regulation should more clearly and exhaustively define the matters governed directly by EU law and limit recourse to national law to expressly enumerated residual areas only.”
CCBE Position Paper and Comments on EU INC..pdf, page 3
Harmonize liquidation and insolvency rules more fully at EU level and clarify the scope and operation of simplified insolvency procedures, ensuring creditor protection and procedural integrity.
“The proposal only partially harmonises liquidation and insolvency matters, while leaving significant core elements to national law... which may undermine the objective of creating a coherent European corporate form.”
CCBE Position Paper and Comments on EU INC..pdf, page 4
On the files they lobby on: “…European Commission report on the Consumer Protection Cooperation Regulation / EC proposal for a Regulation on the recognition of parenthood between Member States Directive 2009/138/EC/ Skills Portability Initiative / ‘EU Inc.…”
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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