On 23 October 2026, the Council of the EU adopted its negotiating mandate on the proposed EU Inc. Regulation (the 28th regime corporate legal framework). The Council’s text removes Chapter X of the Commission’s proposal, which would have created a simplified, digital winding-up procedure for insolvent EU Inc. companies that qualify as innovative startups, including mandatory electronic auction platforms for selling insolvency estate assets. Under the Council’s mandate, insolvency of an EU Inc. company is expressly outside the scope of the proposed Regulation and remains subject to national insolvency law.
The Council has kept harmonised rules on nullity, digital filing for all liquidations and a fast-track liquidation procedure for…