Grandfathering – all you should know about legal entity transfers

Date: 25 August 2020

Chemicals legislation in the UK after the end of the transition period (31st December 2020) is subject to the ongoing EU-UK trade negotiations, and the precise details are still being decided. In case there will be no agreement between the EU and UK on how to handle chemicals and access to the ECHA or EU REACH, a “No Deal” scenario, the so called UK REACH, will be implemented.

Under UK REACH, existing EU REACH registrations held by UK-based companies (including registrations held by an existing OR) will be automatically ‘transferred’ and become UK registrations, so called "grandfathering".

According to the UK Health Safety Executive (HSE), to be "grandfathered" into UK REACH, a UK company should have a EU registration granted at some point from the date the UK indicated its intention to leave the EU. The company would not necessarily have to be the registration holder on the day the UK officially left the EU (31st January 2020) or at the end of the transition period. This means, UK companies could transfer their registrations to other EU companies before the end of the transition period, and still see their EU registrations grandfathered into UK REACH.