On 20 January 2026, European Commission President Ursula von der Leyen addressed the World Economic Forum to write corporate legal history. Framed within the broader goal of strengthening Europe’s resilience and competitiveness – including advances in artificial intelligence, support for startups and scaleups as well as small and midsize enterprises, and innovation and sectors – von der Leyen announced a new goal: the creation of a truly European company structure called EU Inc..

This structure would introduce a single, straightforward set of rules applicable across the EU, enabling businesses to operate more easily across Member States. Under the proposal, EU entrepreneurs could register a company in any Member State online within 48 hours, and EU Inc. companies would be subject to harmonized capital requirements throughout the Union. As von der Leyen explained, “Ultimately, we need a system where companies can do business and raise financing seamlessly across the EU”.

Although EU treaties have provided freedom of establishment since their inception, it was not until 2002 that the European Court confirmed the right of companies to transfer their seat from one Member State to another. What followed was 25 years of case law and legislative activity on cross-border mergers and other developments, including the establishment of the European Stock Corporation (Societas Europaea, or SE). However, corporate law remains, in essence, national. A corporate structure that functions in one Member State needs a great deal of customisation to work in another, compounded by language barriers and court procedures.

The venture capitalist sector has responded by developing contractual arrangements to enable entrepreneurs and investors to apply customary structures across the board. Nevertheless, navigating mandatory statutory rules continues to pose challenges involving risk, time, and cost. A truly uniform corporate law framework applicable throughout Europe would be a game changer.

Corporate law evolves slowly, and the establishment of EU Inc. would be nothing short of revolutionary. The gradual development of corporate mobility in the EU has reflected the many concerns and complexities involved, including creditor protection, employee representation, and exit taxation. McDermott Will & Schulte’s corporate team has extensive experience assisting clients with navigating these complexities, establishing SEs, and contributing to academic discussions on the subject. We are excited to join this dialogue to help make EU Inc. a reality and to support EU companies in growing and attracting investment from around the world.