EU Inc (the 28th regime) · 2026/0074(COD)
Supports the EU Inc. proposal as a common, optional European company form but wants broader scope, stronger harmonisation, defined preventive control, and effective creditor protection.
Keep the regime open to companies of every kind, not limited to innovative startups or scale-ups, and avoid eligibility filters that restrict access.
“OMOL supports the proposal, including its openness to companies of every kind. The regime should not be narrowed to innovative companies alone, whether through its title or through the conditions of access to particular features.”
OMOL_Feedback_28th_regime_FINAL.pdf, page 1
Define preventive control with substantive minimum checks including identity verification, beneficial ownership, and anti-money laundering consistent with EU rules, regardless of the formation channel.
“OMOL recommends that preventive control be given a defined minimum substantive content, neutral as to the profession and the technology employed and applicable whatever the channel of formation, comprising at least the verification of the applicants’ identity at an adequate assurance level under the eIDAS framework to which Article 13(2) refers, the verification of beneficial ownership, and a check consistent with the anti-money-laundering framework that the proposal itself invokes.”
OMOL_Feedback_28th_regime_FINAL.pdf, page 6
Maintain the form as a directly applicable Regulation under Article 114 TFEU to ensure uniformity and avoid fragmentation from national transpositions.
“The decision to cast the framework as a Regulation is the proposal’s most consequential feature... OMOL therefore urges that the regulatory form be maintained throughout.”
OMOL_Feedback_28th_regime_FINAL.pdf, page 3
Accept removal of minimum capital and par-value requirements, replacing capital maintenance with a uniform test combining balance-sheet and forward-looking solvency assessments.
“The removal of any minimum-capital requirement (Article 62(1)) and of any par-value requirement are defensible choices, and the replacement of the classical capital-maintenance rules by a uniform test applicable to distributions, combining a balance-sheet test with a forward-looking solvency assessment certified by the directors, is a”
OMOL_Feedback_28th_regime_FINAL.pdf, page 6
Harmonise core company law more fully with direct rules and limit references to national law to ensure a settled substrate for capital markets and shareholder protection.
“OMOL accordingly recommends that the Regulation: harmonise the core of company law more fully through direct rules, and confine the renvoi to national law under Article 4 to what is strictly necessary... define the uniform mandatory standards of governance, shareholder protection and transparency applicable to an EU Inc. admitted to trading.”
OMOL_Feedback_28th_regime_FINAL.pdf, page 5
Note that employee participation rules depend on the Member State of registered office and that safeguards against circumvention are a matter for co-legislators.
“OMOL notes, as a matter of the regime’s integrity and not of social policy, that an EU Inc. formed ex nihilo or by a domestic operation is subject to the employee-participation rules of the Member State of its registered office (Article 12(1))... The substantive level of employee participation is a matter for the co-legislators.”
OMOL_Feedback_28th_regime_FINAL.pdf, page 6
Require the connecting factor under Article 9 to operate as a genuine link with economic substance to prevent letterbox companies and abuse.
“OMOL recommends that the connection required by Article 9 operate as a genuine link, so that the European form cannot be reduced to a letterbox used to escape national mandatory rules.”
OMOL_Feedback_28th_regime_FINAL.pdf, page 6
Keep the legal basis as Article 114 TFEU and the form as a directly applicable Regulation to ensure uniformity and predictability across the EU.
“Article 114 TFEU is an appropriate legal basis, and the regulatory form is what allows the regime to apply uniformly across the Union, as the Societas Europaea already does.”
OMOL_Feedback_28th_regime_FINAL.pdf, page 1
Withdraw the simplified winding-up provisions from the Regulation and consider them within the dedicated insolvency instrument instead.
“The simplified winding-up provisions of Chapter X... should be withdrawn from the Regulation and, if pursued, considered within that instrument.”
Feedback, 2026-06-23
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.
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