Speaker David Beveridge David will be outlining matters where businesses should consider and assess how ready they are for the biggest change to UK trade in the post – war era – Brexit.

1. The Business
Journey
February 2019

2. Social Media
Follow: @TheBusJourney
Hashtag: #SMEJourney

3. Business Journey Partner
David Beveridge
@MHSolicitors

4. The Business Journey
Brexit: Are you ready? A Legal Checklist
5th February 2019
www.macdonaldhenderson.co.uk © 2019

6. EU employees in the UK post-Brexit?
Whether no –deal Brexit or deal – no change to rights
of EU employees until 1 January 2021
Thereafter – “settled status” application (£65) –
deadline of 30 June 2021 for applications
Moving to UK post – Brexit – “free movement”
repealed by Immigration Bill 2018 – depends on
system(s) adopted going forward

7. Travel to the EU post-Brexit?
After 29th March 2019, assuming no deal Brexit – require to
check travel requirements
If Schengen area – must have passport no more than 10
years old, must be valid for at least 3 months. Can stay up
to 90 days
Separate rules for Bulgaria, Croatia, Cyprus, Romania
Travel to Ireland remains unchanged (Common Travel Area)

8. Review of EU contracts?
Review to identify risks, liabilities, complications –
will a key supplier or customer default on
obligations or re-negotiate?
Does it give you the chance to exit the contract or
re-negotiate?

9. Potential Contractual Issues
 Geographical descriptions of EU
 Impact on price of tariffs
 Late delivery – whose problem?
 Restrictions on freedom to provide services?
 What if labour shortage prevents performance?
 Additional costs of licensing, certification or regulations fall on whom?
 Can currency risk be hedged?
 Governing law and jurisdiction issues?
 How does it affect “change in law” clauses
 Does a Brexit impact represent “force majeure”?

10. Export & Import of goods
 If no-deal Brexit, matters revert to WTO rules – full import and export
declarations and separate safety & security declarations
 If trading with EU countries may need an EORI (Economic Operator
Registration and Identification Scheme) Number – important to register
now
 If trading with non-EU countries, consider whether those countries
are one of the 70 countries with EU free trade arrangements- and impact
of UK leaving same. Likely gap between Brexit and new bi-lateral
arrangements
 See technical notices issued by HM Government for specific sectors –
timber, animal products, controlled goods, plants, GM food

11. Export of manufactured goods to the EU?
 Manufacturers must check if conformity assessments and certifications
will be recognised by EU – separate UK certification required?
 Products assessed by UK bodies can no longer be sold in EU market
unless re-assessed and remarked by EU body
 CE markings based on self declaration will still be possible
 A new UK mark for new products is planned to indicate compliance with
UK standards, which will be the same as EU standards – for now
 For EU goods sold in UK, CE markings will be acceptable, but duplicate
UK mark may be required in due course

12. Operating in the EU?
UK businesses become “third country” businesses in the EU
If no – deal Brexit, then there may be restrictions, such as
nationality, residency and limitations on equity held by non-
residents
If UK business with an EU headquarter, major thinking
required on potential need to restructure
EU companies in the UK will have new filing and information
requirements

13. Transfer of personal data to and from the EU?
Personal data is transferred between UK and EU all
the time – intra group or to a service provider
UK data protection regime will remain as is
However, EU has “adequacy assessment” rules – and
UK approach to data retention and access by
intelligence services may make UK incompatible, so
data transfer may become difficult in due course

14. Protection of intellectual property?
The aim will be to recognise existing EU IP (such
as EU registered trade marks and designs) in the
UK by creating a UK equivalent right or new IP
rights in the UK
However, important to monitor protection of
important IP following Brexit

15. Regulation of business activities?
 Aim is to retain status quo in terms of regulations – but in many areas
will not be possible
 Important to research the impact on your business
 An EU regulator may be changed for a UK regulator
 For Scottish Business – agriculture, fisheries, environment and public
procurement move from EU to Scottish Government – orders required to
formalise
 Remains to be seen – what regulation? Who responsible for making
regulations? Whether enforced by Scottish-only or UK- wide bodies?

16. £150m deal value in 2017
100% increase in number of deals
Corporate team awarded Team of the
Year in December 2018 at The Law
Awards of Scotland 2018.
Entered Legal 500 Recommended Law
Firm Guide in August 2015 and now
ranked as a Recommended Law Firm by
The Legal 500.
51 deals completed in 2017/18
25% cross border deals
Corporate Team shortlisted as finalist
for Legal Advisor of the Year at The
Insider Deal and Dealmakers Awards
2018
One of the Top Four corporate law
firms in Scotland in terms of number of
MBOs (management buyouts)
completed in 2017/18 (Business
Insider 2018 Yearbook).
Leading Advisor to Scottish Family
Businesses at The Herald Scottish
Family Business Awards 2012 & 2013.
A top 12 Scottish corporate law firm by
number of deals completed (2012, 2013,
2014, 2015 and 2017 Business Insider).
Turnover and profits increased by
100% since a Management Buyout in
2009.
“Best Friends” policy with 20 firms in
15 jurisdictions and a conflict referral
firm of choice for some of Scotland’s
largest commercial law firms
KEY FACTS

17. Contact Details
David B Beveridge
Managing Director
0141 248 4957
db@macdonaldhenderson.co.uk

18. THANK YOU

19. Questions for David

20. Date for the diary
The next Business Journey
event
May 14, 2019