Intellectual Property Holding Setup

Securing Your Core Asset

UK tech startups scaling to Europe often leave their core software code exposed in the main trading entity. If a contract dispute or customer claim occurs in Germany or France, your entire codebase is vulnerable. We establish a separate intellectual property holding entity to insulate your assets. Let's look at the numbers. In 2023, we assisted 14 UK software firms in migrating their IP. Our preliminary audits show that 3.2% of early-stage startups have critical ownership gaps in their initial contractor agreements, which we resolve before any transfer.

Choosing the Right European Jurisdiction

We do not believe in standard, pre-packaged corporate structures. We evaluate Ireland (specifically Section 291A TCA), Cyprus, and the Netherlands based on your development team's physical location. We structure for safety, not just tax cuts. For example, in June 2024, we set up a Dublin-based holding structure for a London SaaS team with 11 developers. The software is leased back to the UK trading hub via a formal licensing agreement. We do not recommend setting up shell companies with zero physical footprint (substance is mandatory nowadays to satisfy tax authorities).

Transfer Pricing and Compliance Standards

HMRC and European tax authorities inspect intercompany transactions with high scrutiny. We use the OECD Transfer Pricing Guidelines, specifically focusing on the DEMPE functions (Development, Enhancement, Maintenance, Protection, and Exploitation), to draft your group licensing agreements. This ensures your intercompany royalty flows survive audit scrutiny. In September 2024, a client faced an HMRC review of their cross-border IP licensing, and our documentation resolved the query in 19 days without penalties.

Preparing for Series A Due Diligence

Venture capital firms look closely at asset ownership during funding rounds. If your code is scattered across personal GitHub accounts or tied to an active sales office, the transaction halts. We build a clean chain of title using standard intellectual property assignment deeds. We have prepared 37 tech startups for VC audits since Trishati was founded in 2018. We ensure your IP assets are clearly catalogued, legally owned, and separated from operational risks.

Our Implementation Process

No complex legal jargon here. We complete the structural transition in a clear, documented sequence. Here is our 3-step timeline. First, we conduct a 4-day audit of your software repository access and registration history. Second, we establish the European holding entity and set up its operational bank account. Third, we draft and execute the cross-border IP transfer and licensing contracts. This complete process takes 24 business days from instruction to final delivery.

"We were concerned about moving our core software assets out of the UK. Trishati set up our Irish IP holding entity in October 2024. The setup took 27 days, which was longer than our initial expectation due to banking delays, but their clarity made the process highly practical."

— Martin Vance, Head of Engineering at Kestrel Data Systems, London