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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.
Chapter 1 Capacity of Customer
Chapter 2 Bank Accounts – Appropriation and Set-off
Chapter 3 Duty of Confidentiality
Chapter 4 Loan Agreements
Chapter 5 Guarantees
Chapter 6 Avoidance of Commitments
Chapter 7 Security over Land
Chapter 8 Security over Moveables
Chapter 9 Security over Debts
Chapter 10 Security over Bank Accounts
Chapter 11 Security over Shares
Chapter 12 Floating Charges
Chapter 13 Registration of Company Security
Chapter 14 Demand and Appointment of Receiver
“Legal practitioners, bankers, students and indeed anyone with anything to do with banking would be well advised to buy this comprehensive work even if it involves straining the banker customer relationship ...I have no doubt that much of the professional advice that will be given in the future will be grounded, with justification, on information gleaned from this work.” – Hugh O'Neill SC, Commercial Law Practitioner, review of 1st edition of Banking and Security Law in Ireland
“Mr Johnston ... has the skill of making the complicated if not exactly simple, at least readily comprehensible. As a practising solicitor, Mr Johnston deals comprehensively with topics which a practitioner is likely to encounter.
In the maze of fine distinctions Mr Johnston points out the way to what are the appropriate principles and undoubtedly will help many practitioners to advise a bank of the prudent steps to take to ensure that all security is enforceable or as the case may be to advise subsequently a borrower or guarantor that all relevant precautions were not to be taken so as to render the security unenforceable.
Any lawyer needs to understand and be at ease with the principles of law relating to banking and security in order to apply those principles to the changing circumstances. This book which is written in clear and concise prose makes the task considerably less onerous.
” – John McBratney SC, Bar Review, review of 1st edition of Banking and Security Law in Ireland
