WhoShapedIt EU Inc

EU Inc (the 28th regime) · 2026/0074(COD)

How German Notaries' Association (Deutscher Notarverein e.V.) lobbied on EU Inc

Supports, with changes
Other · DEU

Supports facilitating fast and digital company formation but wants stronger legal certainty, preventive controls, and a reconsideration of the legal basis.

2 submissions to the Commission. Summaries are AI-written; the quotes are theirs, checked word for word.

What they asked for

  1. Who can use it?

    Wants changes
    Feedback on the proposal (2026) · 24 Jun 2026

    Allow Member States to designate the authority best suited as the central interface with public bodies, not necessarily the commercial register.

    “Member States should remain free to designate the authority best suited to act as the central interface with tax authorities, trade offices, banks and other public bodies (it should not have to be the commercial register).”

    Feedback, 2026-06-24
    Wants changes
    Feedback on the proposal (2026) · 24 Jun 2026

    Strengthen measures to fight money laundering, sanctions evasion, tax fraud and terrorist financing through reliable identification, verification of beneficial ownership and scrutiny of corporate acts.

    “Reduced preventive scrutiny would weaken the fight against money laundering, sanctions evasion, tax fraud and terrorist financing. Reliable identification, verification of beneficial ownership and scrutiny of corporate acts are essential safeguards.”

    Feedback, 2026-06-24
    Wants changes
    Call for evidence (2025) · 30 Sep 2025

    Focus on practical facilitation and reduction of language barriers, including comprehensive one-off data collection by notaries for onward distribution to authorities to realize the once-only principle and boost efficiency, especially in cross-border cases.

    “Reduction of language barriers and comprehensive one-off data collection by the notary for onward distribution to authorities could realise the once-only principle and significantly boost efficiency, specifically in cross-border cases.”

    Feedback, 2025-09-30 · the Commission’s translation
  2. How fast can you set one up?

    Wants changes
    Feedback on the proposal (2026) · 24 Jun 2026

    Require high-assurance identity verification and effective independent legal scrutiny at company formation, such as by notaries, rather than relying mainly on digital self-declaration.

    “The formation procedure relies too heavily on digital self-declaration. A general reference to eIDAS identification tools does not ensure a sufficiently high level of identity verification, nor does it allow effective checks of legal capacity, free consent and possible misuse... Independent legal advice at the formation stage, such as that by notaries, would better protect inexperienced founders, prevent defective articles of association and reduce later disputes.”

    Feedback, 2026-06-24
    Wants changes
    Feedback on the proposal (2026) · 24 Jun 2026

    Retain the preventive control standard of Article 10 of Directive (EU) 2017/1132 to maintain reliable procedures and prevent misuse.

    “The proposed preventive control is materially weaker than the standard reflected in Article 10 of Directive (EU) 2017/1132... Digitalisation should modernise reliable procedures, not replace them with ex post liability and litigation.”

    Feedback, 2026-06-24
    Wants changes
    Feedback on the proposal (2026) · 24 Jun 2026

    Ensure share transfers can be completed through procedures involving competent public authorities and reflected in reliable registers.

    “Share transfers should be capable of being completed through procedures involving competent public authorities and reflected in reliable registers.”

    Feedback, 2026-06-24
    Wants changes
    Feedback on the proposal (2026) · 24 Jun 2026

    Combine fully digital formation and filing procedures with effective preventive legal control and trustworthy public registers to balance speed and legal certainty.

    “The EU should build on its existing acquis: fully digital formation and filing procedures combined with effective preventive legal control and trustworthy public registers.”

    Feedback, 2026-06-24
    Wants changes
    Call for evidence (2025) · 30 Sep 2025

    Ensure the 28th regime builds upon existing digital frameworks like the Digitalisation Directives and uses national structures to avoid parallel bureaucracies, focusing on practical facilitation such as efficient use of BRIS and notaries as one-stop shops.

    “A potential 28th regime should build upon this acquis, make full use of national structures, and avoid setting up parallel, costly bureaucracies.”

    Feedback, 2025-09-30 · the Commission’s translation
    Backs it
    Call for evidence (2025) · 30 Sep 2025

    Maintain preventive control by notaries, courts, or authorities to ensure reliable registers, transparency, anti-money laundering, and trust in company data.

    “Preventive control by notaries, courts, or authorities is essential for reliable registers, transparency, anti-money laundering, and trust in company data – Europe’s unique selling point in global competition and true competitive advantage over common law models such as Delaware.”

    Feedback, 2025-09-30 · the Commission’s translation
  3. How do shares and employee stock options work?

    Wants changes
    Feedback on the proposal (2026) · 24 Jun 2026

    Ensure share registers and transfers have public oversight and reliable registration to prevent legal uncertainty, fraud, and corporate hijacking.

    “The proposed rules on share registers and transfers would create substantial legal uncertainty. A company-maintained share register with constitutive effect, without effective public scrutiny, cannot provide the same level of reliability as a public register. Electronic transfers without robust identity verification increase the risk of fraud, competing transfers and corporate hijacking.”

    Feedback, 2026-06-24
  4. One EU law, or 27 national ones?

    Wants changes
    Feedback on the proposal (2026) · 24 Jun 2026

    Use Article 352 TFEU instead of Article 114 TFEU as the legal basis to better reflect the creation of an autonomous supranational legal form and to ensure national parliaments' involvement.

    “In light of the Court of Justices case-law on the European Cooperative Society, Article 352 TFEU appears more appropriate than Article 114 TFEU. The choice of Article 114 TFEU would also undermine the involvement of national parliaments in a matter closely linked to Member States legal systems.”

    Feedback, 2026-06-24

Their submissions

See every lobby and how the EU Inc text changed →

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Contextrie

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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.

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