It seems unlikely that EU cross border mergers, which require legal reciprocity and common rules, will continue to be available for UK entities after Brexit. Currently, EU Directive 2005/56/EC provides a platform to facilitate cross-border mergers of limited liability companies in order to encourage consolidation in companies from different Member States in the EEA.
As there is a real prospect that this option will no longer be available after Brexit, now is the time to restructure group companies to either include or exclude UK companies from corporate groups.
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© Farrer & Co LLP, December 2017