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 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