In brief:

• Optional new company form: The EU Commission has proposed a new EU company type, called the “EU Inc.”
• Significant divergence from Irish principles: no minimum capital; no mandatory undistributable reserves; solvency-based approach to distributions.
• Commercial relevance beyond startups: These features could provide decisive advantages to companies well beyond the intended user base of innovative startups and scaleups.
• Possible pressure for domestic reform: The EU Inc. is probably the first harmonised EU company type to offer a clear edge over domestic Irish company types.
• Still highly contingent: While the proposal is in its earliest stages, and may never come into effect, it may prompt Irish law to evolve in response.

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