EU governments back EU Inc: two-day, €100 registration, but EU-wide stock options only up to 750 staff

What's the deal? EU governments adopted their position on EU Inc on 23 October. EU Inc is the proposed "28th regime" company form that would let startups register once and operate across the single market. Under the Council's text, companies could register online within two days for at most €100, according to the Council's press release.

What changed: The Council kept the EU-wide employee stock option scheme (EU-ESO) but limited it to small mid-caps: companies with up to 750 employees and €150 million in annual turnover. The Commission's March 2026 proposal set the bar at 1,000 staff and €450 million, Agence Europe reported. Member states may refuse registration on anti-money-laundering or criminal grounds. An EU Inc follows the employee-participation rules of the country where it is registered, with an optional mechanism if it crosses thresholds in another country. Member states get 21 months to implement the rules.

What supporters say: Ireland's Taoiseach Micheál Martin, whose government holds the Council presidency, said EU Inc "will make a real and practical difference to start-ups and SMEs looking to scale up across the EU".

What critics say: Before the vote, the founder-led EU–INCDealroom has a profile for this one. Try Dealroom → campaign published an open letter arguing that months of talks had reduced the plan to "just fast incorporation". Co-initiator Andreas Klinger wrote on X: "If EU Inc doesn't fix stock options Delaware Inc is still the better option." Cal.com co-founder Peer Richelsen added: "i will lose my shit if EU Inc fails."

What's next: The Council position is a negotiating mandate, not law. Talks with the European Parliament can start once Parliament adopts its own position; its Legal Affairs committee has not voted yet, according to the EP Votes dossier. EU leaders have asked for a political agreement by the end of 2026.

Why it matters: EU Inc is pitched as Europe's answer to the Delaware C-corp: one company form that global investors recognise and that lets startups hire with comparable stock options. Whether the Council's version is enough to stop founders flipping to Delaware is now the question for the Parliament talks.

Sources: Council of the EU (23 Oct 2026), Agence Europe (20 Oct), Agence Europe (21 Oct), EP Votes, EU–INC open letter, Peer Richelsen on X

Image: EU–INC campaign