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Safeguarding your Business against the Brexit Blizzard

It seems that we have been talking about the looming shadow of Brexit for many years at this point. Now that there is finally a set date, it may seem that there is still very little information available for Irish companies with ties to the UK, so today we will focus on some possible implications of Britain’s upcoming exit from the European Union for Irish companies to enable you to best prepare and secure your company.

The United Kingdom (UK) is now set to leave the European Union (EU) on March 29th 2019 and there are many ways in which this could have implications for many Irish companies with ties to the UK. The main implication from the outset will be that the UK will no longer be part of the European Economic Area which may cause a number of shifts for Irish companies.

EEA Resident Director:

Under the Companies Act 2014, all Irish companies are required to have at least one director who is resident in the European Economic Area. Any companies who have directors ordinarily resident in the United Kingdom will be required to appoint a director who is resident within the EEA, or to take out a Section 137 Insurance Bond against non-compliance until they are fully compliant with this rule. It is suggested that this be done immediately to avoid issues.

There may be a loophole available should the director have a “real and continuous link to the State of Ireland”. These specifications must already be met and will not be satisfied on the basis of future intent.

Exemptions for Irish Subsidiaries:

In certain cases, Irish subsidiary companies may not need to file ‘Individual Entry Financial Statements’ with their annual return. This applies only to Irish subsidiaries held by holding companies under the laws of an EEA country, and in no other circumstance. If the subsidiary is held by a UK holding company, this will not apply.

Changes to Year End:

Under current Irish law, a company can change their financial year end date once every 5 years. Currently, if the aforementioned company is part of an EEA multi company structure, the financial year end dates of all companies can be aligned. This will no longer be applicable to company structures which include a UK company.

Irish Branches:

Many UK companies have registered an ‘Irish Branch’, which would naturally be a branch of an EEA company. Following Brexit, this will no longer be applicable and the Irish branch will find itself subject to stricter filing rules.

Imports and Exports:

This is arguably the most crucial item for Irish companies with links to the UK. It will be required post-Brexit for all companies importing or exporting goods into or out of the European Union to have an Economic Operators Registration and Identification Number (EORI). This will be essential for customs purposes and it is advised that all companies with trade links to the UK ensure that they have this ready.

As we have stated in the past, the future post-Brexit is uncertain but does not need to be clouded in doubt and negativity. The above issues are important to be aware of so that you can safeguard your business in these uncertain times, but many businesses can continue to thrive in this new environment without the assistance of our closest neighbours.

As always, we here at EcovisDCA are ready and waiting to assist you with any issues you may have on any business or financial matters and we look forward to continuing our relationships with all our clients and friends.

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DCA PARTNERSDECLAN DOLAN & EAMONN GARVEY

Never Ever Ever Getting Back Together?

It would be almost impossible to have escaped hearing the word ‘Brexit’ (meaning Britain’s impending exit from the European Union) in recent months as the disbelief at the result of the vote gave way to dismay and concern over what this event could mean for our own shores. There have been many concerns regarding Irish workers working in the UK and commuting home at the weekend and vice versa as well as worries about the possibility of there being more stringent borders in place which could very negatively impact Irish trade.

Recently, it has been reported that these concerns may well be directly addressed before the planned exit. It has been suggested that British Prime Minister Theresa May is set to publish a policy paper on Anglo-Irish relations to suggest that the two countries adopt what is known as a ‘Schengen Area’. This would mean that there would be a unique border between the UK and Ireland allowing for ease of movement and trade, effectively creating their own union. This could be welcome news to many Irish workers in the United Kingdom. The move would allow citizens of both countries to freely work in the other, whilst citizens from other countries in the European Union may require work permits to work in the UK following Brexit. Our own Taoiseach Leo Varadkar has however stated in the past that he does not want to create any form of border, so it remains to be seen how this will be implemented.

It has also been stated that Britain are on track for a ‘hard Brexit’ meaning that there will be no softening of rules or lingering methods of inclusion once they depart and will be seen by the European Union as being a third party outside of EU law and customs. The drawback to this supposed ‘hard Brexit’ is that it does not allow for safeguards to be put in place for businesses reliant on trade with Britain, so the proposed policy could be welcome news to some Irish businesses.

It has been reported that British officials are now eager to get the ball rolling on Brexit negotiations in order to cement plans for the future relationship between the UK and EU member states. Brexit Minister David Davis has stated recently that;

“We need to get on with negotiating the bigger issues around our future partnership to ensure we get a deal that delivers a strong UK and EU.”

It is hoped that whether by this new policy, or through the overall negotiations that an agreement can be put in place that does not isolate Irish businesses or workers.

As always we are available for any advice or guidance you may require on business or finance matters.

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DCA PARTNERSDECLAN DOLAN & EAMONN GARVEY