Establishing a Foreign Company Branch in Ireland

Acting as Process Officer and Compliance Officer

Companies that are incorporated outside Ireland and who establish a Branch in the State are subject to a variety of reporting requirements. Under Part 21 of the Companies Act 2014 companies having established a branch in Ireland must register with the Companies Registration Office (“CRO”) and deliver a certified copy of its constitutional documents, a copy of its certificate of incorporation and a copy of its most up to date accounts and the relevant filing fee to them within one month of establishment.

Branches can be registered as either Branch EEA or Branch non EEA.

Should several places of business operate under a unified management structure, they can be registered as one branch.

Upon registration of a branch, the following must be disclosed:

1. Name and Legal form of Company.
2. Place and number of the Company’s registration.
3. Name of the branch.
4. Irish address of the branch.
5. Activities of the branch.
6. List of persons authorised to represent the company.
7. Name and address of persons authorized to accept service on behalf of the Company. A “Process Agent” who must be an Irish resident and may be a corporate
   entity or a natural person.
8. Name and address of persons authorised by the branch to ensure its compliance with all regulatory requirements. A “Compliance Officer” who must be an Irish resident and may be a corporate entity or a natural person.

The Compliance Officer is responsible for the filings of all particulars with the CRO are current and up to date. The same person or body corporate may act as Compliance Officer and Process Agent. The Compliance Officer is responsible for the delivery of the Company’s accounts as registered in its domiciled country annually. Eversheds Sutherland provides Compliance officer services to branches registered in Ireland.