EU Inc Requirements & Eligibility: Who Qualifies?

Who can register an EU Inc? Anyone. The proposed regulation is deliberately inclusive — any founder, anywhere in the world, with minimal upfront requirements and a fully digital process. That breadth is by design, not an oversight.

The catch is that EU Inc doesn't exist yet. What follows is what the European Commission has proposed, what the legislative text confirms, and where reasonable inference based on EU company law precedent applies. We'll be explicit about which is which.

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The short answer

Based on the current proposal:

• Any natural person or legal entity can register an EU Inc
• No EU residency requirement for founders or directors
• No minimum share capital
• No requirement to be an existing business
• Fully digital registration — no in-person appearance required
• Registration in any of the 27 EU member states

EU Inc is explicitly designed for small and medium enterprises, including single-person companies and startups at the earliest stage. The "28th regime" concept behind it: a company form accessible across borders, not restricted to established businesses.

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Who is eligible: the details

Nationality and residency

The EU Inc proposal does not impose nationality or residency restrictions on founders, shareholders, or directors. A founder based in Brazil, Canada, or Indonesia can register an EU Inc — just as they can currently register an Estonian OÜ or an Irish Ltd. For a detailed look at how non-EU founders fit into this picture, see our guide for non-EU founders.

This is consistent with the broader EU approach to company formation. Member states generally don't restrict company ownership based on the nationality of the owner. What matters is where the company is registered and where it operates, not who owns it.

Important nuance: Eligibility to register the company is separate from tax residency and substance requirements. Registering an EU Inc in Estonia doesn't make you an Estonian tax resident, and it doesn't automatically shelter your income from your home country's tax authorities. Those rules operate independently — and you should understand them before choosing where to register. Our EU Inc tax explainer covers the details. You will also need a business bank account to operate, and that process has its own hurdles.

Age and legal capacity

Standard legal capacity requirements apply: you need to be an adult under the law of your jurisdiction and have the legal capacity to enter contracts. Nothing EU Inc-specific here. The usual EU and member state rules on legal capacity govern.

Corporate founders

Legal entities (existing companies) can also be founders or shareholders of an EU Inc. That opens the door to using an EU Inc as a holding company, a joint venture vehicle, or a subsidiary. The proposal doesn't restrict ownership to natural persons.

Check your eligibility

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What you'll need to register

EU Inc is proposed as a fully digital process. Based on the Commission proposal and the approach used in comparable systems (notably the Estonian e-Residency/OÜ model), here is what registration is expected to require:

Identity verification (expected)

Not yet finalised, but strongly expected. Registration will require verified digital identity. The EU's eIDAS regulation already provides a framework for cross-border digital identity, and the EU Inc proposal aligns with it.

In practice, this likely means one of:

• An eIDAS-compliant digital ID (available to EU citizens and residents through their national ID systems)
• A government-issued digital identity from a recognised provider (Estonian e-Residency cards are eIDAS-compliant)
• Potentially a passport or notarised identity document for founders without an eIDAS digital ID, though the specific fallback for non-EU applicants is not yet determined in the legislation

The digital identity question is one of the areas where the final legislative text will shape the practical experience for non-EU founders. Member states will likely have some discretion in how they implement identity verification for foreign applicants.

Registered office address (confirmed in principle)

Every EU Inc will need a registered office address in the member state where it's registered. This is a standard requirement for any EU company.

Importantly, the registered office does not need to be a physical business premises. A registered agent address or virtual office will likely meet the requirement, as is common with existing EU company forms. The exact rules on what constitutes an acceptable registered address will be determined at the member state level during implementation.

For non-resident founders, this almost certainly means using a registered address service from a formation or management company — already standard practice for Estonian OÜs, Dutch BVs, and similar structures.

Company name

Your chosen name must be available in the relevant member state's business registry and comply with EU Inc naming requirements. The proposal specifies that EU Inc companies use the designation "EU Inc." or equivalent to indicate the legal form.

Name availability checks will be part of the online registration process.

Director appointment

At least one director must be appointed at formation. The director can be the founder themselves — a single-person company with one founder-director is explicitly envisaged. There are no confirmed requirements that directors be EU residents or nationals, consistent with the inclusive approach of the overall proposal.

Articles of association

Standard articles of association (the company's constitutional document) will be required. The proposal envisages a model template that founders can adopt with minimal customisation, which is part of how the 48-hour registration target becomes feasible. Custom articles will likely be permitted but may require additional review time.

Formation fee

The proposed state fee is under €100. This cap is set at the EU level as part of the regulation — a deliberate signal that cost should not be a barrier. Additional costs will come from:

• Registered address services (typically €15–€50/month)
• Formation service fees if you use a third-party provider
• Any local registry fees if member states add them during implementation

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The registration process (proposed)

The EU Inc proposal describes a standardised online registration process. Based on the proposal and comparable existing systems, this is the expected flow:

Digital identity verification. Verify your identity through an accepted digital ID method. For EU citizens and residents, this will likely use national eID or eIDAS. For others, the process is not yet finalised.

Name check and reservation. Search the relevant member state registry for name availability and reserve your chosen name.

Registration form. Provide company details: name, registered address, director(s), shareholder(s), share structure, and business activity description.

Articles of association. Adopt the model articles or submit custom articles.

Formation fee. Under €100, payable online at the time of registration.

Registration itself. The proposal targets a 48-hour turnaround from submission of a complete application. The company exists as a legal entity from the moment of registration in the relevant registry.

One caveat: the 48-hour target applies to complete applications. Incomplete submissions, name disputes, or identity verification issues will extend the timeline.

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What is and isn't confirmed

Here is where things stand with the legislation as of early 2026:

Confirmed in the European Commission proposal:

• Open to founders of any nationality
• Formation fee capped below €100
• 48-hour registration target
• Fully digital process
• No minimum share capital
• Registered office requirement
• Availability across all 27 member states

Expected but not yet finalised in legislation:

• Exact identity verification requirements for non-EU founders
• Specific registered address rules at member state level
• Whether eIDAS-compliant IDs (including Estonian e-Residency) will be accepted as a matter of course
• Precise articles of association templates
• Whether member states can add additional fees or requirements during implementation

Not part of EU Inc (common misconceptions):

• A specific tax rate — EU Inc is a legal form, not a tax regime. See our EU Inc tax explainer for the full picture.
• EU residency or freedom of movement for founders
• Automatic exemption from home-country taxation
• Replacement of national company forms — EU Inc is an additional option, not a mandatory replacement

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Substance requirements

EU Inc will not be a letterbox company vehicle. The EU's existing anti-avoidance rules, BEPS (Base Erosion and Profit Shifting) requirements, and the OECD's Pillar Two framework all apply to EU companies regardless of legal form.

Member states and tax authorities will scrutinise whether a company registered in a given jurisdiction has genuine economic activity there.

What constitutes sufficient substance varies by country and situation, but the general principle holds: the company should have real activity (employees, contracts, services) in the jurisdiction where it claims tax residency. A founder who lives in Germany, works in Germany, serves German clients, and occasionally passes through Tallinn has a German-resident company regardless of where it's registered.

This doesn't mean you need a local office or local staff from day one. Many legitimate early-stage companies operate with a single founder who is genuinely mobile. The question is whether your setup would survive scrutiny if examined.

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What to do right now

EU Inc is not yet available. If you're planning ahead:

If you need a company now: The closest equivalent available today is an Estonian OÜ registered through a provider like Xolo, Enty, or 1Office. The Estonian system uses digital registration, has low capital requirements, and is accessible to non-EU founders. It's one country rather than 27, but it's real and operational. Our e-Residency vs EU Inc comparison maps the differences.

If you're planning for EU Inc specifically: Follow the legislative progress. The key milestones to watch are the European Parliament vote, the Council of the EU position, and eventual transposition deadlines for member states. Our analysis of EU Inc's legislative chances covers the realistic timeline.

If you need multi-country EU operations before 2027–2028: You'll need to work with existing national company forms plus branch registrations or subsidiary structures. A formation service with multi-jurisdiction support (Companio is one option that handles this) can manage the complexity.

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The bottom line

The eligibility bar for EU Inc is low by design. Any founder, regardless of nationality, country of residence, or business size, can register one for under €100 with no notary, no lawyer, and no minimum capital. That's the entire point of the proposal.

What matters is not whether you qualify, but where you register and whether your business has genuine substance there. Choose your member state based on tax rates, the HOT system implications, and your actual operating footprint — our country selector tool can help you narrow down the options.

Ignore marketing claims about "the most startup-friendly jurisdiction." Eligibility won't be the constraint. Substance rules and your home-country tax position will be.

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This article is based on the European Commission's EU Inc proposal of March 18, 2026. Requirements may change as the regulation progresses through the European Parliament and Council. This article is for informational purposes only and does not constitute legal or financial advice.