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This briefing presents a comparative assessment of the European Parliament’s resolution with recommendations to the European Commission on the 28th regime, adopted on 20 January 2026; and the European Commission's proposal for a 28th regime corporate legalBriefing - Comparing EU institutions' positions on a new legal framework for innovative companies - 20-05-2026
This briefing presents a comparative assessment of the European Parliament’s resolution with recommendations to the European Commission on the 28th regime, adopted on 20 January 2026; and the European Commission's proposal for a 28th regime corporate legal framework presented on 18 March 2026. While the two institutions are well aligned on the broad objectives of the initiative, there are notable divergences in the proposed measures. First, the scope of eligible companies following the Commission's proposal is broad without ensuring a clear and consistent definition across the EU. Although all limited liability companies – including publicly listed entities – would be eligible for registration as 28th regime companies, only a subset would qualify for a 'simplified procedure' in the event of insolvency, on the basis of criteria to be determined at Member State level. Second, the proposed 'dual-track' digital registration system would accommodate only a limited range of actions. Third, the Commission proposal does not provide for the establishment of a specialised dispute resolution mechanism. While seeking to address the fragmentation of corporate legal frameworks in the European Union, the Commission proposal could potentially introduce new sources of fragmentation with detrimental impacts for innovative companies – through a more uneven and less predictable business environment across the EU – and for investors, through reduced access to comprehensive, centralised information and lower legal certainty. The European added value of the Commission's proposal could be limited by these impacts, which could hinder cross-border investment and the scale-up of innovative companies in the EU. Source : © European Union, 2026 - EP Read more
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