PREPARE FOR BREXIT


Government Departments, enterprise agencies and regulatory bodies have a range of supports covering advice, finance and upskilling to help your business navigate its way through Brexit. This website has a number of links to advice regarding the change and also links to financial supports available, information on Upskilling and information for the retail sector.

Prepare for Brexit

January 31st 2020

The UK has left the European Union as of 31st January 2020 but with transitionary provisions in place until 31st December 2020. During this period the UK's trading relationship with the EU will remain the same. The UK will also continue to follow EU rules. During the transition period the UK will remain under the jurisdiction of the European Court of Justice and stay within the single market and the customs union. All EU regulations will continue to apply to the UK, including changes made to these regulations during this period.

However thereafter, if no agreement is in place, UK resident directors will be required to comply with section 137 Companies Act 2014. This is the requirement to have an EEA-resident director.
 
Section 137 - Bond where company has no EEA-resident director 

The requirement to have at least one EEA resident director from a member State does not apply to any company which for the time being holds a bond, in the prescribed form, in force to the value of €25,000 and which provides that in the event of a failure by the company to pay the whole or part of a fine imposed on the company in respect of an offence under the Companies Act 2014 or under the Taxes Consolidation Act 1997, there shall become payable under the bond a sum of money for the purpose of same being applied in discharge of the whole or part of the company's liability in respect of any such fine or penalty.

The bond must have a minimum period of validity of two years, commencing no earlier than the occurrence of the event giving rise to the requirement for the bond. The surety under the bond must be a bank, building society, insurance company or credit institution.  Please see Leaflet 17.  

Alternative to bond - form b67 

If, following incorporation, a company applies for and is granted a certificate from the registrar of companies that the company has a real and continuous link with one or more economic activities that are in carried on in the State, that company will be exempted from the requirement to have at least one EEA resident director from the date of the certificate, as long as the certificate remains in force. Application for this certificate is made on Form B67, and must be accompanied by a statement from the Revenue Commissioners made within two months of the date of the application by a statement that the Revenue Commissioners have reasonable grounds to believe that the company has such a link.  Please see link to Form B67.

I have an UK external company branch registered with the CRO. Do I have to re-register?

No. A UK company after the transition period will be subject to the non-EEA legislation. Section 1304 Companies Act 2014 applies in relation to the submission of any changes in the company’s information. Sections 1305/1306 Companies Act 2014 applies with regards to the annual returns.
http://www.irishstatutebook.ie/eli/2014/act/38/section/1305/enacted/en/html#sec1305  
http://www.irishstatutebook.ie/eli/2014/act/38/section/1306/enacted/en/html#sec1306