Book Description

Shortlisted for the DSBA Law Book of the Year Award 2020 Please note: In order to fully cover the many changes and developments since the first publication of Banking and Security in Ireland, the content has been massively extended. This means that this new edition is split into two titles: Banking and Security in Ireland by William Johnston and Consumer and SME Credit Law in Ireland by Nora Beausang. Both titles are available to purchase now. The long-awaited new edition of Banking and Security Law in Ireland provides a comprehensive update on the law in practice and the pitfalls involved in taking security over land, machinery, agricultural assets, shares, debts, deposits and their registration. This new edition covers the many changes in the 22 years since its first publication. It includes updated case law and legislation (including the new Companies Act) governing the relationship of banker and customer, bank confidentiality, facility letters, payment demands, appointment of receivers and the avoidance of guarantees and security including undue influence case law. (1) Execution including virtual execution and delivery of agreements (2) Impact of waiver of CPs for guarantors of loans, limited recourse loans, covenants and shadow directors, material adverse change clauses and transfers of loans (3) Extensive case law on guarantees and their enforceability over the past 10 years (4) New financial assistance approval procedures brought about by the 2014 Companies Act - commercial benefit in the giving of financial assistance, examinerships and guarantees and independent advice (5) An extensive chapter on security over land dealing with the 2009 Conveyancing Act applicable to charges and what may be excluded, the enforcement of security whether or not registered in the Land Registry as well as collating the many Law Society Practice notes and Regulations particularly on the conflicts of interest and High Court decisions on solicitors' undertakings (6) Updated security treatment on other assets as well as coverage of the EU financial collateral arrangements and the beneficial ownership regulations applicable to security over shares (7) Practical advice on the new registration of security under the Companies Act and the different ways of filing in the CRO as well as priority of security (8) A new chapter on making demands on borrowers and guarantors and the manner of appointing receivers covering also extensive new cases on proving debt and dealing with redacted documents being used by assignees to enforce security. This book's practical style is designed to assist bankers, practising lawyers and compliance professionals in the application of the ever-increasing and complex law of banking and security. Much of the content cannot be found in any other publication. An essential addition to the library of every practitioner and compliance professional in the banking area.