Proposal — not yet law
The 28th regime is a proposed EU company form called EU Inc. It would sit beside the 27 national forms, not replace them. A founder could form one in any EU country under the same rules. The Commission proposed it on 18 March 2026. It is not law.
Can you set up anywhere in the EU?
Yes, under the draft. The company would be registered in one EU country and recognised in all of them. It must keep its registered office and its central administration inside the EU. The draft sets no nationality or residency rule for founders. That is the current text, not a settled right.
How fast, and how much?
Five working days is the general rule in the draft. 48 hours and a cap of 100 euro apply only when founders use the EU template articles without changes. The fast route is the exception, not the rule.
Is there a minimum capital?
No. The draft sets no minimum capital. Today the national forms differ: in Germany the GmbH needs €25 000gesetze-im-internet · 20 Sep, in Estonia the OÜ needs €0.01Riigi Teataja · 20 Sep. The table has every country we cover.
Is tax the same everywhere?
No. Tax stays national. So do employment law, social security and accounting. An EU Inc. in Spain would pay Spanish company tax and follow Spanish employment law. The form would be shared; the tax would not.
What would not change
Every procedure would run online by default; a founder can be asked to appear in person only where identity fraud is suspected. The company still needs a business account, an accountant and an address in the country where it sits. A founder still deals with one national register. Norway, Iceland and Liechtenstein are covered only if the text is later added to the EEA Agreement.
Where it stands
The proposal is in its first reading in the European Parliament. Two committees have given their opinions, the last on 10 September 2026. No date for entry into force exists; the draft leaves it blank. Every step is on the record.
Starting before it exists
A company formed today in Ireland, France, Italy or Spain keeps working whatever happens to the proposal. The EU Inc. page has the full reading of the text.
Sources
- European Parliament, Legislative Observatory, procedure 2026/0074(COD) · read 2026-09-19
- EUR-Lex, COM(2026) 321, the proposal text · © European Union, reuse permitted with the source named
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