Many UK businesses operate in Ireland through Irish registered companies and this may become even more common as UK companies look to maintain operations and trade with the EU in a post Brexit world. 

 

However, if all of the directors of an Irish company are UK resident, post the UK's departure from the EU, they will need to take steps to comply with Irish company law. 

 

 

1. Consider appointing at least one director who is a resident in the European Economic Area (EEA); or 

 

2. Put in place a Section 137 Revenue Bond. A Section 137 Revenue Bond acts as a type of insurance to the sum of €25,000 to cover non-filing of accounts etc. The bond covers a period of two years; or 

 

3. Provide a 'Real & Continuous Link' to the state. It will be the Irish Revenue who decides whether the company has a real and continuous link with Ireland and it will consider a number of factors, if the company affairs are managed from a place of business in Ireland, if the company carries on trade in Ireland.  

 

An application for a s. 140 Certificate is made to the CRO via Form B67. This application must be accompanied by a statement from the Revenue Commissioners, made within two months of the date of the application to the CRO, that it has reasonable grounds to believe that the company has such a link.  

 

 

T: 01 546 1072 E: gboland@bolandlaw.ie info@bolandlaw.ie 

 

This briefing is for general guidance only and should not be regarded as a substitute for professional legal advice. Legal advice should always be taken before acting on any of the matters discussed.