Introduction
Following its transposition into Irish law, and further to our last update, the Mobility Directive
(Directive (EU) 2019/2121) (the "Mobility
Directive") has continued to see many applications go
through the Irish High Court.
By way of reminder, the new regime enables Irish limited
liability companies to participate in cross-border conversions,
mergers and divisions involving other EEA limited liability
companies, pursuant to the European Union (Cross-Border
Conversions, Mergers and Divisions) Regulations 2023 (as amended),
transposing the Mobility Directive into Irish law (the
"Mobility Regulations").
While the cross-border merger ("CBM")
remains as the most common application to date, we have now also
witnessed a number of cross-border conversion
("CBC") applications coming before the
Irish High Court. This article provides a high-level overview of
how a CBC application under the Mobility Regulations operates from
the perspective of a non-Irish