295 Abstract This article offers a critical assessment of the ongoing debate and emerging proposals concerning the establishment of a 28 th regime for European start-up and scale-up companies focusing particularly on its implications for company law. It first traces the evolution of the debate, highlighting the policy choices and rationales that have shaped its current trajectory. It then turns to the central issues presently under discussion, beginning with foundational questions of scope and legal basis, and proceeding to the proposed features of the new regime. Building on this examination, the paper identifies and evaluates significant dimensions that remain largely missing from the debate, but which warrant closer attention. In doing so, it brings into focus themes traditionally explored by distinct strands of scholarship – including access to IPOs, financial and governance clauses in VC contracts, fiduciary duties and private international law – emphasising how these acquire distinctive relevance within the specific context of a European company statute.
Claudio Coen (Wed,) studied this question.