EU Inc (the 28th regime) · 2026/0074(COD)
Supports the creation of the EU Inc. as a broadly accessible, simplified company form but wants clarifications and safeguards to ensure legal certainty, practical applicability, and to avoid special interests jeopardizing the project.
Allow the EU Inc. company form to be open to all founders and existing companies, not limited to innovative start-ups or scale-ups, to maximize its simplifying and encouraging effect.
Make the 28th regime optional and available to all companies, not limited to innovative start-ups or scale-ups, and avoid restrictive definitions that cause complexity.
Ensure the EU Inc. can be registered fully digitally within 48 hours with preventive checks and secure identification, complemented by a central EU interface and data forwarding to enable quick start of business activities.
Ensure the 28th regime allows for simplified, fast (ideally 48 hours) and optionally digital company formation without mandatory costly software or signatures, while balancing necessary preventive controls for legal certainty.
Include clear, practicable, and reliable creditor protection rules such as balance-sheet and solvency tests and preventive checks applied uniformly across member states to maintain investor confidence and fair competition.
Avoid fixed minimum capital requirements to increase flexibility, but ensure creditor protection through appropriate rules; consider risks of location competition if only minimal capital and reserve rules apply.
Recognize that the EU Inc. will be based on the registered office in a member state, with national law applying subsidiarily, and that the form should support cross-border activity and growth within the EU internal market.
Clarify rules on seat and management location, ensure transparency about applicable national law, and address risks of abuse such as circumventing creditor protection via seat moves and liquidation.
Clarify and ensure the legal basis and regulatory approach support a harmonized but practical framework that covers the full company lifecycle, balancing EU harmonization with national law subsidiarity.
Choose the legal basis for the 28th regime carefully, respecting EU competence distribution, weighing advantages of a fully European company form under Article 352 AEUV against harmonization under Article 114 AEUV.
Include tax aspects in the 28th regime aiming for harmonization of corporate tax rules, reduced bureaucracy, legal certainty, avoidance of double taxation, and improved cross-border loss offsetting, while carefully analyzing legal and tax consequences of staged implementation.
On the files they lobby on: “…mittlerer Kapitalisierung sowie Digitalisierung - Omnibuspaket V über die Verteidigungsbereitschaft - Mitteilung zur EU-Bevorratungsstrategie - Omnibus IV über Energieprodukte -EU Strategie für Start-ups und Scale-ups - 28.…”
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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