EU Inc (the 28th regime) · 2026/0074(COD)
Opposes the current EU Inc proposal due to concerns about legal certainty, creditor protection, insolvency procedures, and interplay with national law.
Ensure robust preventive review mechanisms including qualified legal professionals such as lawyers to guarantee reliability, prevent abuse, and reduce disputes in the formation process.
Accompany the abolition of minimum capital requirements with a coherent and effective set of alternative creditor protection safeguards throughout the company's lifecycle.
Include additional creditor protection mechanisms such as business plan obligations, solvency and balance-sheet based distribution tests, liability for unlawful distributions, early warning duties, transparency obligations, and safeguards against abusive related-party transactions.
Clarify and exhaustively define the matters governed directly by EU law to reduce reliance on national law and avoid divergent interpretations across Member States.
“Um sicherzustellen, dass das Ziel der Vereinfachung tatsächlich erreicht wird, sollte die Verordnung die direkt durch das EU-Recht geregelten Angelegenheiten klarer und erschöpfender definieren und den Rückgriff auf nationales Recht auf ausdrücklich aufgeführte Restbereiche beschränken.”
ÖRAK Stellungnahme EU Inc._final - online.pdf, page 3
Reject the simplified insolvency procedure that allows debtor-managed insolvency without mandatory professional insolvency administrators and full creditor rights, to protect creditors and maintain trust in EU Inc companies.
“ÖRAK therefore calls for the simplified insolvency procedure to be rejected as part of the EU Inc. Regulation in order to maintain trust in the EU Inc. in commercial transactions and not to jeopardise the protection of creditors, often SMEs themselves, and legal transactions.”
Feedback, 2026-06-23 · the Commission’s translation
Ensure insolvency proceedings involve independent insolvency administrators with professional processing and asset realization to prevent abuse and protect business partners.
“Insolvency proceedings without involvement or even control by insolvency administrators, in particular without professional processing of the proceedings and realisation of the assets, would precisely not make EU Inc an attractive participant in business transactions due to the associated risks for business partners. Self-administration facilitates debtors’ abusive practices.”
Feedback, 2026-06-23 · the Commission’s translation
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