Proposed regulation on EU Inc. (28th regime) – a BusinessEurope position paper

Introduction

BusinessEurope welcomes the EU Inc. proposal (28th regime on company law) as an optional instrument to facilitate entrepreneurs and companies to incorporate, scale up, and operate across all Member States and EEA countries, and help attract investment by offering a reliable and simple EU corporate framework. The approach to prioritise administrative simplicity, flexibility, and digitalisation will help reduce the costs and administrative burden associated with company formation, which is highly positive from a business perspective.

The EU Inc. should not be seen in isolation but as one among the other EU initiatives and tools (present and future) that are necessary to make Europe more competitive. It should by no means be seen as a cure to all problems companies face in the Single Market. BusinessEurope elaborated on the necessary measures to improve the business environment, investment, and conditions for all companies in the EU, in its ‘From Ambition to Delivery' paper. While we fully support the proposal, we consider that a few improvements in a few specific respects can shape the EU Inc. into a uniform and attractive European corporate legal framework that genuinely promotes the growth of all companies, including SMEs, export-oriented SMEs, and start-ups in Europe, fosters competitiveness, and facilitates full access in the Single Market.

This position paper builds on our reply to the Commission Public Consultation from September 2025 and our Company Law Priorities from November 2024, reiterating our support for a 28th regime on Company law. It contains BusinessEurope’s main priorities for the EU Inc., including core elements of the original proposal that should be preserved, as well as detailed comments on the relevant parts of the Commission’s proposal where adjustments or clarifications are required.