Following its formal adoption by the Council, Directive (EU) 2025/25—amending previous directives on the use of digital tools and processes in company law—was officially published in the Official Journal of the European Union on January 10, 2025. This Directive represents a major advancement in enhancing transparency, streamlining administrative processes, and facilitating cross-border business through the integration of digital tools.
To achieve these objectives, the Directive establishes the interconnection of key business registers at the EU level, linking the Business Registers Interconnection System (BRIS), the Beneficial Ownership Registers Interconnection System (BORIS), and the Insolvency Registers Interconnection System (IRI). This move would facilitate access to essential company information and enable the carrying out of cross-checks on said information.
The Directive also promotes the ‘once-only principle,’ ensuring that companies do not have to submit the same information to public authorities more than once. For example, when establishing a subsidiary in another Member State, businesses will no longer need to resubmit incorporation documents that have already been provided in the country where the parent company is registered. Instead, this information will be electronically shared between national registers or accessed via the European e-Justice portal.
Another key feature is the introduction of the ‘Digital EU Power of Attorney’, a standardized multilingual digital template that companies can use to authorize a person to represent the company in specific procedures with a cross-border dimension within the scope of the Directive. The Digital EU Power of Attorney would be drawn up in accordance with national legal requirements and will be accepted as evidence of the authorized person’s entitlement to represent the company.
Additionally, the Directive establishes the multilingual EU Company Certificate, which will serve as sufficient proof of a company’s legal incorporation within a Member State. Issued and certified by national business registers, this certificate will be available in all official EU languages and will include essential company details required for cross-border business transactions.
Following its entry into force, Member states will have 30 months to implement the necessary provisions, with the Directive becoming applicable 42 months after its entry into force.
At Christys & Co LLC, Advocates and Legal Consultants, our corporate law team stays up to date with the latest developments in company law, ensuring seamless support for businesses navigating cross-border legal transactions.
