The EU Council adopted its negotiating position on EU Inc. on 23 October, unlocking trilogue with Parliament -- a single company form registerable online in 48 hours for €100, valid across all 27 member states, with first incorporations possible in late 2027.
EU INC.
Council adopts mandate: 48-hour digital incorporation for €100, valid across the single market
On 23 October, the Council of the EU formally adopted its negotiating mandate on the EU Inc. regulation -- the Commission's proposal for an optional, pan-European company form for innovative companies.
The regime sits alongside all 27 national corporate-law systems as a voluntary 28th option. Under the Council position: fully digital registration within 48 hours, a maximum incorporation fee of €100, and automatic recognition across the EU single market without separate registration in each member state. An employee stock-option plan is preserved but limited to companies with up to 750 employees and €150 million in annual turnover. Member states may refuse registration on anti-money laundering and terrorism-financing grounds.
The mandate formally opens negotiations with the European Parliament, which has not yet adopted its own position. The Commission is targeting a political agreement by end 2026. If the timeline holds, the regulation enters into force roughly 20 days after Official Journal publication, followed by a 21-month implementation window -- meaning the first EU Inc. companies could register in late 2027 or early 2028.
WHY IT MATTERS
One entity, 27 countries -- and caveats that will define whether it works at scale
EU Inc. would give a founding team raising from investors across multiple EU member states a single incorporated entity recognised everywhere -- replacing the Delaware-equivalent workaround (a UK holding company, Dutch BV, or Luxembourg SARL) that most internationally funded European startups currently use.
The caveats are structural. Tax and insolvency law remain national: an EU Inc. entity still files in each jurisdiction where it has employees or taxable presence. The stock-option threshold (750 employees, €150M turnover) means the built-in ESOP instrument expires before a company reaches growth stage.
The sharper risk is legislative form. Founders and investor groups have publicly warned that if Parliament pushes for a directive rather than a regulation, member states will implement 27 different versions, defeating the single-market purpose. The Commission original proposal is a regulation.
Action: Parliament own position is expected in Q1 2027. If you are structuring a holding company in the next six months, the critical variable is whether trilogue preserves the regulation format and the stock-option scope.
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