13.09.2016 Business law

Brexit – the consequences for companies

We are currently facing the economic and political uncertainty. Almost all experts point out that we cannot predict all consequences of Brexit. We do not even know if the course of this process will be efficient, will it close within 2 years or rather will it extend into many years. But we know that this factor will have a key impact on the consequences of Brexit for companies.

We would like to introduce you the possible difficulties that may need to be faced and how to prepare best for this situation.

A)    Companies with British capital in Poland

1.    Modifications of business model/ strategy of companies in order to meet the financial requirements established by the shareholders from the UK.
2.    Transactional advisory for shareholders from the UK who do not want to accept higher risk in PL.  
3.    Tax optimizations as a support for well-functioning business model or as a part of a bigger restructuring program. 
4.    Market analysis and suggesting new ways of allocating British capital in Poland (sectors with higher margins) and abroad ( in countries with lower risk).

B)    Companies exporting to the UK, Companies importing from the UK.

1.    Developing a competitive strategy/ searching for new markets in order to prepare for further trade restrictions in the future
2.    Cost reduction programmes – process or tax optimisations for companies operating on the UK market, but forced to look for savings.   
3.    Support in fulfilling  possible customs duties
4.    Support in eliminating potential legal risks
5.    Support in fulfilling potential responsibilities connected with VAT
6.    Preventive modification of the supply chain and establishing purchase strategies in order to reduce exposition on the supplies from the UK.  

C)    Reporting, pricing and clauses in contracts with various subject ( e.g. debt payment conditions)

1.    Independent pricings and verifications of current pricing of the companies for the needs of owners, managing boards, banks etc.
2.    The need to conduct statutory audit of the financial statement.

D)    Polish companies investing in the UK/ operating in the UK

1.    Developing strategy based on the market analysis and the UK law, preceding the decision whether to stay or withdraw investments from the UK market.  
2.    Divestments and transactional advisory based on Baker Tilly International’s network competences.
3.    Copyright law among others: trade mark protection

E)    Companies employing employees from the UK and the companies delegating employees to the UK.

1.    Preparation of model contracts of employment, work regulations and remuneration which eliminate risks resulting from the changing legal reality.
2.    Carrying out additional activities related to PIT settling with employees
3.    Developing a strategy of human resources management and operations aiming to reduce risks resulting from changed employment structure (e.g. The management  from the UK won’t be  present such often in the company)

F)    Companies from the UK which have branches in PL/UK

1.    Legal support during implementing changes in the structure or legal form.
2.    Support in obtaining accreditations and certificates required for tender procedures for non-EU countries.  

The points above address only a part of possible problems resulting from Brexit. The situation of every company should be analysed individually, thus we kindly encourage you to do so.

Business law – see how we can help:

Want to stay up to date?
Subscribe to our newsletter!
Full version

TGC Corporate Lawyers

ul. Hrubieszowska 2
01-209 Warszawa

+48 22 295 33 00

NIP: 525-22-71-480, KRS: 0000167447,
REGON: 01551820200000. Sąd Rejonowy dla
m.st. Warszawy, XII Wydział Gospodarczy