EU Inc (the 28th regime) · 2026/0074(COD)
Supports the EU Inc. proposal's digitalisation and financing instruments but wants stronger legal autonomy, harmonised definitions, dispute resolution, and tax clarity.
Incorporate clear, binding definitions of 'innovative startup' and 'scaleup' in the Regulation itself with objective, exhaustive, and verifiable criteria to ensure uniform access across the EU.
“Operational concepts that condition the application of special regimes must be set out in the Regulation itself, with objective, exhaustive and verifiable criteria.”
EN_CE_Comentários e Notas_Proposta de Regulamento UE 28º Reg_EU Inc.pdf, page 4
Extend the 48-hour fast-track registration and cost discipline to all essential acts and reduce national authorities' interpretative margin to ensure uniform application and legal certainty.
“The discipline of deadlines and costs should not be confined to the fast-track procedure but extended to all essential acts... Explicit consequences for non-compliance with deadlines by registration authorities must be established.”
EN_CE_Comentários e Notas_Proposta de Regulamento UE 28º Reg_EU Inc.pdf, page 6
Harmonise creditor protection, solvency tests, opposition periods, and certification requirements in corporate reorganisations and winding-up procedures to reduce national divergences and increase predictability.
“We call for substantial harmonisation of these matters, including uniform solvency tests (balance sheet and cash flow), notification via BRIS, minimum non-derogable opposition periods, and certification of the absence of liabilities by an independent auditor prior to the completion of winding-up.”
EN_CE_Comentários e Notas_Proposta de Regulamento UE 28º Reg_EU Inc.pdf, page 9
Ensure the EU-ESO regime does not regress existing national benefits, harmonise tax treatment and accounting standards for stock options, and provide cross-border portability without triggering fiscal events.
“It must be ensured that adoption of the EU Inc. regime does not entail a regression from the benefits already achieved under Portuguese legislation. Consistent European tax harmonisation should also be required, together with mandatory accounting standardisation (IFRS 2) and cross-border portability mechanisms that do not trigger a fiscal event.”
EN_CE_Comentários e Notas_Proposta de Regulamento UE 28º Reg_EU Inc.pdf, page 7
Introduce statutory definitions to limit board powers to make amendments without shareholder approval, protecting shareholders and ensuring uniform interpretation across Member States.
Reduce cross-references to national law and clarify the uniform scope of the Regulation to avoid fragmentation and divergent interpretations by national authorities.
“Article 4 should be supplemented with a closed and exhaustive enumeration of the matters harmonised by the Regulation, alongside a drastic reduction of the scope for national cross-references.”
EN_CE_Comentários e Notas_Proposta de Regulamento UE 28º Reg_EU Inc.pdf, page 5
Adopt Article 114 TFEU as legal basis but strengthen the Regulation to minimize dependence on national law and ensure full legal autonomy and predictability for investors.
“For this Regulation to be truly effective, an autonomous regime is required that minimises cross-references to national law and ensures full predictability for global investors.”
EN_CE_Comentários e Notas_Proposta de Regulamento UE 28º Reg_EU Inc.pdf, page 2
Harmonise insolvency and winding-up procedures including creditor protection, solvency tests, opposition periods, and cross-border notifications to ensure predictability and uniformity.
“We call for substantial harmonisation of these matters, including uniform solvency tests (balance sheet and cash flow), notification via BRIS, minimum non-derogable opposition periods, and certification of the absence of liabilities by an independent auditor prior to the completion of winding-up.”
EN_CE_Comentários e Notas_Proposta de Regulamento UE 28º Reg_EU Inc.pdf, page 9
Clarify that the registered office does not determine tax liability; align tax incidence with actual economic activity and harmonise corporate tax rates, treatment of distributions, capital increases, and incentives to avoid tax arbitrage.
“We call for an express clarification that the registered office does not, in itself, resolve questions of taxation of actual activity, and that the incidence of tax liability should be aligned with the effective conduct of economic activity.”
EN_CE_Comentários e Notas_Proposta de Regulamento UE 28º Reg_EU Inc.pdf, page 10
On the files they lobby on: “Innovation Entrepreneurship Startups Nations Standard under ESNA governance 28th Regime – A harmonised legal framework for innovative companies; Digital Decade Policy Programme 2030; European Innovation Act AI Act and Data Act, in coordination with other national stakeholders; European Startup and Scale-up Strategy”
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