EU Inc (the 28th regime) · 2026/0074(COD)
Supports a unified, optional European company law regime open to all companies but wants it to be directly applicable, mandatory for Member States to integrate, and part of a broader European Business Code.
Make the new European company law regime optional for companies but mandatory for Member States to incorporate, and open to all companies regardless of size, sector, or ownership, not limited to innovative firms.
“the 28th regime must be open to all companies registered in the European Union, without any restrictions on size, sector, type of activity or nationality of the founders; in particular, limiting its scope to so-called "innovative" companies would be a major mistake and would create legal uncertainties that could ruin the attractiveness of the new system”
One Market One Law Association_consultation 28th regime.pdf, page 1
Create a Simplified European Company (SES) as the cornerstone of the regime, which is affordable, flexible, and accessible to SMEs and larger groups, with statutory freedom and subsidiarity to national law.
“the simplified European company or Societas Europaea Simplificata (SES) must be the cornerstone of the 28th regime... only 12,000 euros of share capital would be required for its formation... the SES would be European from a triple point of view... the attractiveness and simplicity of the SES is due to the great statutory freedom that it would have”
One Market One Law Association_consultation 28th regime.pdf, page 3
Set a low minimum share capital requirement for the SES at 12,000 euros, with only a quarter payable immediately and the remainder within five years, making it accessible to SMEs.
“only 12,000 euros of share capital would be required for its formation (with a quarter being payable immediately and the remainder within 5 years)”
One Market One Law Association_consultation 28th regime.pdf, page 4
Govern employee participation and co-management by the law applicable to the company's actual registered office to prevent social or tax dumping.
“a fundamental reservation of the national mandatory rules (labour, tax, criminal, insolvency) tended from the outset to prevent any social or tax dumping; in particular, it was suggested in the preliminary draft relating to the SES that issues of co-management and employee participation be governed by the law applicable to the actual registered office of the company”
One Market One Law Association_consultation 28th regime.pdf, page 4
Allow companies to choose between national law and the unified European regime according to their needs, with Member States obliged to integrate the unified regime to ensure legal certainty and market integration.
“each company must remain fully free to choose between national law or the unified European regime, according to its needs and development strategy; on the contrary, Member States must not avoid incorporating this unified European regime into their law”
One Market One Law Association_consultation 28th regime.pdf, page 2
Prefer regulation over directives to ensure direct applicability and legal certainty, and consolidate and extend existing EU company law principles by introducing a new corporate form.
Include insolvency law as part of a broader European Business Code to address fragmentation and support company life and growth.
“this 28th regime must ultimately be able to cover all aspects of business law necessary for the life and growth of European companies by including in particular and without being exhaustive questions of financing, securities, financial markets, insolvency procedures or even taxation of innovation, etc.”
One Market One Law Association_consultation 28th regime.pdf, page 2
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