EU Inc (the 28th regime) · 2026/0074(COD)
Supports the introduction of the EU Inc. but wants clearer rules on legal certainty, creditor protection, capital requirements, insolvency, and tax to avoid risks and ensure harmonisation.
Introduce minimum capital requirements and traditional capital maintenance rules to strengthen creditor protection and ensure stable capital structures for lending.
“The absence of minimum capital requirements and traditional capital maintenance rules weakens creditor protection and shifts risks onto creditors. Balance-sheet and solvency tests alone are not sufficient safeguards, especially in early-stage or financially distressed companies.”
Feedback, 2026-06-23
Clarify rules on the interaction between EU Inc. and national law, especially regarding liability, enforcement, jurisdiction, and applicable law, to prevent legal uncertainty and regulatory arbitrage.
Remove the proposed simplified winding-up regime as it risks undermining creditor protection and lender confidence, and rely on existing national insolvency frameworks instead.
Address risks of tax arbitrage and economic substance erosion by improving coordination on Head Office taxation and salary taxation for cross-border telework.
“From a tax perspective, the proposed Head Office taxation model raises concerns regarding tax arbitrage and the erosion of economic substance. Companies may establish their Head Offices in jurisdictions offering favourable tax regimes while carrying out most of their activities elsewhere.”
0306 ESBG response to COM have your say EU INC.pdf, page 2
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