Irish companies could be at risk of breaching Irish Company Law in the case of a No-Deal Brexit. The current law states that Irish companies must have at least one director who is a resident in the EU or EEA. As it stands, UK resident directors qualify but under a No-Deal Brexit this would change virtually overnight. Irish companies could be left scrambling to appoint a new EEA resident director to avoid penalties.
Thankfully Irish companies can protect themselves in advance by taking any of the following actions:
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Appoint another Company director who is resident in EEA but outside of the UK:
- If a new EEA resident director is appointed this will mitigate the company compliance risk for a No-Deal Brexit outcome.
- In certain circumstances, international companies setting up in Ireland may want to employ the services of an Irish resident director in a non-executive capacity. We can assist with this.
Or
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The company will have to put in place a bond to the value of €25,000 with a minimum period of validity of two years and with further actions required every two years subsequently:
- The bond would act as an insurance policy against any of the following penalties.
- Fines imposed on the company in respect of offences under the Companies Act 2014. (e.g. failure to file Annual Returns & Audited Accounts on time)
- Fine for failure to supply certain information to the Revenue Commissioners. (e.g. Form CRO 11F)
- Any penalty which the company has been held liable to pay under the Taxes Consolidation Act 1997.
- Any cost in recovering any of the above fines.
Or
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Application to certify that the company has a real and continuous link with the state:
- There is a requirement for the company create significant local employment and have a significant economic link which then requires approval by Revenue.