EU Inc (the 28th regime) · 2026/0074(COD)
Supports a single EU company form implemented as a Regulation with a digital-first setup, low capital requirements, flexible share structures, and cross-border seat mobility, but wants changes to ensure full digital incorporation, standardised investment tools, and empowerment of entrepreneurship support organisations.
Mandate a fully digital lifecycle for company incorporation, management, and closure, including recognition of electronic IDs across all Member States, with incorporation ideally within 48 hours.
“Establish a digital-first lifecycle: The new entity, i.e. EU-INC3 must be digitally incorporated, managed, and closed (ideally within 48 hours) via an EU-Registry and EU-Dashboard. The process must mandate the seamless recognition and acceptance of electronic identification (eIDAS) across all jurisdictions.”
EBN Position Paper_The 28th Regime - A Strategic Necessity for Scaling European Innovation.pdf, page 3
Set minimum capital requirements to a symbolic amount (e.g., €1) or none, removing high capital thresholds that burden startups.
“Minimum capital: A symbolic amount (€1) or no minimum capital. Minimum capital requirements (€120,000 for SE) are an "unnecessary administrative burden" and have no real connection to the actual creditworthiness of a startup.”
EBN Position Paper_The 28th Regime - A Strategic Necessity for Scaling European Innovation.pdf, page 5
Allow multiple share classes with flexible voting rights and standardised investment instruments like EU-FAST and EU-ESOP, with tax deferral on employee stock options until sale.
Respect existing national rules on employee participation and not undermine local social standards or workers' rights.
“Employee participation: Subject to existing national rules, where those exist. The regime must be lean and mobile but must not undermine local social standards or the rights of workers.”
EBN Position Paper_The 28th Regime - A Strategic Necessity for Scaling European Innovation.pdf, page 5
Allow companies to have registered office and central administration in different Member States to enable cross-border operations without forced liquidation or re-incorporation.
“Seat requirement: Should be allowed to have the registered office and the central administration (head office) in different Member States. This flexibility is essential for cross-border operations, preventing forced liquidation, re-incorporation, or duplicative regulations.”
EBN Position Paper_The 28th Regime - A Strategic Necessity for Scaling European Innovation.pdf, page 5
Implement the 28th Regime as an EU Regulation to guarantee uniformity and avoid fragmented national implementations.
“Implement via EU Regulation, not Directive: The new legal entity for European startups must be governed by an EU Regulation, which is directly applicable across all Member States, guaranteeing true standardisation and predictability.”
EBN Position Paper_The 28th Regime - A Strategic Necessity for Scaling European Innovation.pdf, page 3
Create an optional pan-EU startup tax scheme with simplified reporting and R&D deductions, and ensure employee stock options are taxed as capital gains with deferred taxation until sale.
“We call for alignment with initiatives like BEFIT and propose an optional pan-EU startup tax scheme with simplified reporting and R&D deductions. ... The EU-ESOP is essential to overcome divergent national rules that currently result in dry taxation (taxation on illiquid options). The scheme must recognise profits as capital gains and defer taxation until the point of sale.”
EBN Position Paper_The 28th Regime - A Strategic Necessity for Scaling European Innovation.pdf, page 6
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