Building Your Business
Top Ten Legal Tips for Doing Cross-Border Business

21 January 2013

InterTradeIreland encourages companies to exploit new cross-border business opportunities on their doorstep. InterTradeIreland realise the difficulties of doing business in different jurisdictions and have recently provided some useful tips and advice which are summarised below:  

 

Some useful tips if you are based in the North and considering doing business in the South

  • Ensure that you define in your Terms and Conditions of Sale / Service the jurisdiction of your Contract.
  • Ascertain whether you require new or extended Insurance Cover to cover your proposed business activity in the Republic of Ireland; for instance, will your Salesman be covered for business insurance in the driving of their vehicles in the Republic of Ireland?
  • Ensure that you comply with specific jurisdictional licence or regulatory requirements; eg, do your Food Products comply with the requirements of the Food safety Authority in the Republic  of Ireland?  - see www.fsai.ie 
  • If you are in the Construction, Electrical, Hotel industry or any other industries covered by the Register of Employment Agreements are you prepared to pay the higher rates of pay and pension contributions required under those Agreements? For further information go to website www.morganmcmanus.com / Cross-Border Law / Cross-Border Business.
  • Are you familiar with the different Employment Law obligations which apply in the Republic of Ireland? For further information go to website www.morganmcmanus.com / Cross-Border Law / Cross-Border Business / “Comparative Analysis of Employment Law North and South”.
  • Rather than set up base in the Republic of Ireland, have you considered the possibility of progressing your business in the Republic  of Ireland by using either a Distributor or an Agent? Check out InterTradeIreland's  support.
  • If you are in the professional services industry you will more than likely require separate Professional Indemnity Insurance Cover for your services in the Republic of Ireland.
  • Ensure that your Employer`s Liability Insurance Cover is valid for those employees who will be working in the Republic of Ireland. More importantly, are you aware of the different legal obligations which apply to employers in the Republic of Ireland under the PIAB Act 2003 and the Civil Liability & Courts Act 2004? For further information go to website www.morganmcmanus.com / Litigation & Injury Claims / “PIAB Advice for the Employer” and “The Civil Liability & Courts Act 2004”.
  • Where you propose to lease or purchase a business premises are you aware of the different Landlord and Tenant obligations which apply; are you aware of the Stamp Duty payable on property purchase and the penalties which apply on late payment?
  • Ensure that you put the necessary measures in place from the start to recover trade debts in the Republic of Ireland and consider seriously in which jurisdiction you should sue, should it be necessary to issue Proceedings against a bad debtor in the Republic  of Ireland.

 

Some useful tips if you are based in the South and considering doing business in the North?

  • Ensure that you define in your Terms and Conditions of Sale / Service the jurisdiction of your Contract.
  • Ascertain whether you require new or extended Insurance Cover to cover your proposed business activity in Northern Ireland; for instance, will your Salesman be covered for business insurance in the driving of their vehicles in Northern Ireland?
  • Ensure that you comply with specific jurisdictional licence or regulatory requirements; eg, do your Products comply with the requirements of consumer legislation in the Northern Ireland? - see www.consumerline.org
  • Are you aware that Employer`s Liability in Northern Ireland is compulsory – unless your business is specifically exempted under the Employers Liability (Compulsory Insurance) (Amendment) Regulations (Northern Ireland) 2004.
  • Are you familiar with the different Employment Law obligations which apply in the Northern Ireland? For further information go to website www.morganmcmanus.com / Cross-Border Law / Cross-Border Business / “Comparative Analysis of Employment Law North and South”. In particular, are you familiar with the statutory Disciplinary & Grievance Regulations, where an employer can be liable to pay a “top-up” of up to 50% on an Award of compensation against him for failure to abide by statutory procedures?
  • Rather than set up base in Northern Ireland , have you considered the possibility of progressing your business in Northern Ireland by using either a Distributor or an Agent? Consider InterTradeIreland's Acumen support.
  • If you are in the professional services industry you will more than likely require separate. Professional Indemnity Insurance Cover for your services in; Northern Ireland
  • Ensure that your Employer`s Liability Insurance Cover is valid for those employees who will be working in Northern Ireland. More importantly, are you aware that the procedures the PIAB Act 2003 do not apply in Northern Ireland and that, despite the fact that the period within which a Claim for Personal Injury in the Republic of Ireland must be made was reduced to 2 years under the Civil Liability & Courts Act 2004, the relevant period in Northern Ireland still remains at 3 years?
  • Where you propose to lease or purchase a business premises are you aware of the different Landlord and Tenant obligations which apply?
  • Ensure that you put the necessary measures in place from the start to recover trade debts in Northern Ireland and consider seriously in which jurisdiction you should sue, should it be necessary to issue Proceedings against a bad debtor in  Northern Ireland.

                                                               These tips have been kindly provided by Morgan Mc Manus.

For more information visit: http://www.intertradeireland.com/firststopshop/toptenlegaltips

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