EU Inc (the 28th regime) · 2026/0074(COD)
Supports a single EU company form open to all companies with flexible rules but wants it based on a Regulation with precise uniform rules, no minimum capital or symbolic capital, and facilitation of digital tools and employee share ownership plans.
Make the 28th regime optional and available to all companies, not limited to innovative companies, to avoid red tape and support the full company lifecycle including scaling up and going public.
“The 28th regime should be an optional legal instrument in addition to national company law forms. In the interest of simplification, the possibility to register as an 28th regime company should not be limited to a new category of ‘innovative companies’ or to other limiting factors, as that would create additional red tape and an unnecessary bureaucratic burden.”
EI_Response_Cfe_28Th_Regime.pdf, page 2
Govern company formation by harmonised national rules with digital tools, consider an EU-wide single register, and provide for appointment of a legal representative with management powers.
“The formation of the company should be governed by the national rules on company registration that have been harmonised by Directive (EU) 2019/1151... The Regulation should also provide provisions regarding the appointment of a legal representative... Additionally, the 28th Regime company could be an opportunity to establish a single register at EU level, with legal effect throughout the Union.”
EI_Response_Cfe_28Th_Regime.pdf, page 3
Remove or reduce minimum capital requirements to a symbolic amount, maintain capital as an organisational rule rather than creditor protection, and allow flexibility in articles of association.
“As to the share capital, there should be no minimum capital requirement, or at least it could be reduced to a symbolic amount... it could be useful to maintain capital as an organisational rule rather than a means of protecting third parties.”
EI_Response_Cfe_28Th_Regime.pdf, page 3
Provide simplified default rules on share transfer and shareholders' rights but allow customization in articles of association, and include provisions for EU Employee Share Ownership Plans to attract talent.
“A default regime for rules on transfer of shares would be useful to avoid transaction costs; however, these rules should not prevent any customisation... the framework may include provisions for an EU Employee Share Ownership Plan (EU ESOP) and more flexible employee participation.”
EI_Response_Cfe_28Th_Regime.pdf, page 3
Include provisions for more flexible employee participation and facilitate employee stock option plans to help companies attract and retain talent across the Single Market.
“Such instruments respond directly to the demands of entrepreneurs who face challenges in offering consistent benefits to their employees across the Single Market. Therefore, a 28th Regime company should be an opportunity to facilitate the right to establish an employee stock option plan.”
EI_Response_Cfe_28Th_Regime.pdf, page 3
Allow 28th Regime companies to transfer their registered seat within the EU without dissolution or re-incorporation, ensuring continuity of legal personality.
“A 28th Regime company should be able to transfer its registered seat to another Member State within the Union without the need for dissolution or re-incorporation, thereby ensuring the continuity of its legal personality.”
EI_Response_Cfe_28Th_Regime.pdf, page 2
Base the 28th regime on a Regulation to avoid discrepancies from national transposition, provide precise uniform rules limiting reference to national law, and apply national law only supplementarily based on registered office.
“To be effective, the 28th regime should be based on a Regulation which does not necessitate implementation in national laws... the Regulation should be as precise as possible to limit reference to national law. Only for matters not covered by the Regulation, national law would apply on a supplementary basis.”
EI_Response_Cfe_28Th_Regime.pdf, page 2
No explicit tax position given, but the regime should consider the whole lifecycle of companies including financing growth through securities.
“The 28th regime should consider the whole lifecycle of a company, including scaling up and the decision to go public and be listed, or to issue securities, including bonds, to finance its growth.”
EI_Response_Cfe_28Th_Regime.pdf, page 2
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