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The newly proposed EU Inc. initiative builds on the long-standing objectives of the EU Single Market and reflects a growing recognition that further integration is needed in the area of company law.

While the European Union has successfully established the free movement of goods, services, capital, and people, corporate regulation has largely remained within national frameworks, resulting in a diverse landscape of legal systems across the Member States. For startups and scale-ups operating across borders, this diversity has often translated into additional complexity and administrative burden.

EU Inc. seeks to address these shortcomings by introducing a single pan-European legal entity governed by one rulebook, supported by digital-first incorporation, harmonized investment standards (EU-FAST), and a unified stock option framework (EU-ESOP). The initiative aims to replicate, within the EU context, the scale and efficiency of markets such as the United States, where companies operate under a largely uniform corporate framework.

Although still at a proposal stage, EU Inc. signals a clear strategic direction: company law is no longer viewed merely as a national regulatory matter, but as a core component of EU competitiveness policy.

Why EU Inc. Matters for Serbia Despite Non-Membership

Even though Serbia is not yet an EU member state, EU Inc. is highly relevant in the context of Serbia’s EU accession process and broader economic integration with the Union.

First, Serbia is committed to gradual alignment with EU law through the accession negotiations, particularly in areas directly affected by EU Inc., such as company law, capital movements, and entrepreneurship policy. Future EU standards tend to shape candidate countries’ reforms well before formal membership.

Second, Serbian companies already operate within an EU-centered economic environment. A significant portion of investment, trade, and corporate structuring involving Serbian businesses is linked to EU jurisdictions. The emergence of a simplified, pan-European corporate vehicle will inevitably influence investor preferences, transaction structuring, and expectations regarding legal certainty.

Finally, legal convergence increasingly occurs not only through legislation, but through market practice. As EU Inc. standards are adopted by investors, funds, and founders, Serbian corporate law will face indirect pressure to remain compatible and competitive.

Impact on Serbian Company Law

EU Inc. raises fundamental questions about the future positioning of national corporate regimes, including Serbia’s.

In terms of incorporation and legal forms, Serbia has made progress through partial digitalization and procedural simplification. However, company formation still involves formalities and timelines that exceed the standards envisaged under EU Inc., particularly the goal of near-instant digital incorporation via a centralized EU registry. This development sets a new benchmark and may accelerate discussions in Serbia around further simplification, reduced administrative discretion, and the possible introduction of more flexible corporate forms tailored to innovative businesses.

From a governance perspective, EU Inc. emphasizes standardized, predictable rules on shareholder rights, investor protections, and exit mechanisms. For Serbia, this highlights the importance of legal certainty, consistent application of company law, and efficient dispute resolution. Corporate governance is increasingly assessed not only by statutory provisions, but by the reliability of enforcement and judicial practice.

EU-ESOP and the Talent Dimension

The ability to attract and retain talent has become a central issue for innovation-driven economies. EU Inc. directly addresses this through EU-ESOP, which aims to establish a harmonized, EU-wide framework for employee stock options.

In Serbia, employee equity participation remains legally and fiscally complex. While certain tax incentives exist, the regulatory framework is still perceived as uncertain, leading many companies to rely on foreign holding structures to implement equity-based compensation.

A harmonized EU-ESOP regime would significantly increase the appeal of EU-based companies for skilled professionals. For Serbia, this underscores the need to further develop a clear, predictable, and competitive framework for employee participation, particularly in the technology and startup sectors, where equity incentives are a key driver of growth.

Key takeaways

EU Inc. should be understood as more than a new corporate form. It reflects a broader shift in how the European Union approaches company law—as a strategic tool for market integration, investment facilitation, and global competitiveness.

For Serbia, the relevance of EU Inc. lies not only in future formal accession, but in its immediate influence on legal standards, investor expectations, and business practices. Aligning Serbian company law with emerging European models is therefore not merely a matter of compliance, but a strategic choice that can shape the country’s economic position within the European market.

 

Contact

Danica Misojcic, LL.M.

Danica Misojcic, LL.M.

Senior Associate

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danica.misojcic@doklestic.law

Dr Slobodan Doklestic, LL.M.

Dr Slobodan Doklestic, LL.M.

Partner

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slobodan.doklestic@doklestic.law

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