EU Inc (the 28th regime) · 2026/0074(COD)
Supports a flexible, uniform European company form open to all companies but wants broad access beyond start-ups, maximum flexibility in articles, strong creditor protection, and uniform rules without Member State options.
Make the new company form accessible to all European companies, not limited to start-ups or scale-ups, to serve as an attractive structural element for corporate groups.
“The DAV believes that the new corporate form should not be limited to start-up or scale-up companies... Rather, it should be open to all European companies. In particular, for corporate groups operating across Europe, the ESSU could serve as an attractive structural element within group organisation.”
Feedback, 2025-09-30
Provide a standard EU-wide model statute for single-member companies allowing time- and cost-efficient establishment, enable digital formation and administration, and establish a unified portal within interconnected commercial registers.
“The Union legislator should provide a standard EU-wide model statute for single-member companies for the formation of an ESSU, allowing for a time- and cost-efficient establishment... The Commission’s proposal to make formation and administration faster and more efficient through digital solutions is to be welcomed... at the very least a unified portal should be established within the interconnected commercial registers of the EU Member States.”
DAV Position Paper 61-2025 28th Regime.pdf, page 9
Allow maximum flexibility in articles of association at formation, including for multi-member companies, to avoid inflexible rules that create investment barriers.
“there should be the possibility, already at the formation stage... to adopt customised articles of association... the EU legislator should... grant its shareholders maximum flexibility in structuring the articles of association; hence, the principle of freedom of articles should apply under the 28th Regime.”
DAV Position Paper 61-2025 28th Regime.pdf, page 9
Focus creditor protection on liquidity protection rather than capital protection, and if minimum share capital is required, it should be cash contributions only; contributions in kind should be permitted only for capital increases.
“For creditor protection at the company law level, provisions on liquidity protection should be established. Given its complexity, capital protection could be dispensed with... Should the EU legislator decide to require a minimum share capital, a cash contribution should be envisaged... contributions in kind as capital increases should be permitted.”
DAV Position Paper 61-2025 28th Regime.pdf, page 11
Allow shareholders maximum freedom to structure share transfers and restrictions before listing, and provide a uniform, flexible regime for employee participation with discretion on volume and vesting periods.
“shareholders should, at least prior to a potential listing, be free under their private autonomy to provide for transfer restrictions... A uniform and flexible regime for employee and board member participation is also essential... The volume and waiting periods should be freely determined in the articles of association.”
DAV Position Paper 61-2025 28th Regime.pdf, page 17
Ensure a uniform and flexible regime for employee participation and board member participation, allowing shareholding as compensation especially for start-ups, with flexible volume and vesting periods.
“A uniform and flexible regime for employee and board member participation is also essential, as shareholding represents a crucial element of adequate compensation... The volume and waiting periods should be freely determined in the articles of association.”
DAV Position Paper 61-2025 28th Regime.pdf, page 17
No explicit position on seat choice or related issues was stated beyond general support for the form being open to all companies and usable in group structures.
“In particular, for corporate groups operating across Europe, the ESSU could serve as an attractive structural element within group organisation.”
Feedback, 2025-09-30
Create a genuinely uniform European company form without Member State options to avoid dilution of objectives, covering all core areas from incorporation to dissolution, using digital tools extensively.
“The focus of the 28th Regime should clearly be on the creation of a new, harmonised company form for Europe. However, a significant improvement would, only be achieved if the new company form is genuinely uniform and does not allow Member States any options... The 28th Regime... should cover all core areas of a legal entity... making use of digital tools to the greatest extent possible.”
DAV Position Paper 61-2025 28th Regime.pdf, page 7
Further harmonise insolvency law to interlink company and insolvency law, reducing regulatory gaps and ensuring creditor protection is consistent across Member States.
“Overall, further harmonisation of insolvency law would be desirable and beneficial for a 28th Regime company form. This would ensure an interlinking of company law and insolvency law, reducing the risk of regulatory gaps arising...”
DAV Position Paper 61-2025 28th Regime.pdf, page 13
No explicit position on tax issues was expressed in the provided text.
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