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Banking and Security Law in Ireland

By: William Johnston
Media of Banking and Security Law in Ireland
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Published: 28-09-2020
Format: Hardback
Edition: 2nd
Extent: 880
ISBN: 9781847666680
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP: €295.00
Online price : €250.75
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About Banking and Security Law in Ireland

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. Consumer and SME Credit Law in Ireland will be available to purchase in the coming months.

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.

Table Of Contents

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


“This book is very well written: Johnston's treatment of each issue is detailed, meticulous and insightful. It is an impressive body of work, well presented, and clearly articulated. It tackles complex areas comprehensively and in a very accessible style. For practitioners, the book also indicates acceptable market practice in particular areas, an invaluable resource from an author with such considerable experience. It is a very valuable contribution to this field and should greatly benefit researchers, practitioners and students of banking law.” –  Joe McGrath, University College Dublin, Irish Jurist, Vol LXV

“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

“This book is a follow-up to the first edition, published in 1998. The changes in the area in the intervening period have been monumental. These changes have resulted from a vast array of case law that occurred after the 2008 financial crisis, but also as a result of legislative change.
The two most significant reforming pieces of legislation in this area are the Land and Conveyancing Law Reform Act 2009, which repealed and replaced the ancient legislation underpinning all mortgages and charges, and the Companies Act 2014, which brought about many fundamental changes to company law. Perhaps most relevantly for practitioners in the area of banking and security law, major changes were introduced by the 2014 act in areas such as guarantees, examinerships, insolvency, and areas of security.
This book deals with all of these developments in a very comprehensive manner, handling its subject matter very well – and it is an engaging read. It is interspersed with case law and commentary, with incredibly extensive coverage of the areas of loan agreements, guarantees and security over land, moveables, debts, bank accounts, and shares. Floating charges and registration of company security are also dealt with very comprehensively (and practically). A most welcome addition is the inclusion of a chapter on 'Demand and appointment of a receiver'. This chapter sets out recent issues in respect of which there has been extensive litigation in recent years, including the wording of letters of demand.
This book should be regarded as an invaluable addition to the knowledge in this area, and it will be of immense assistance to practitioners operating in this rapidly evolving area of law. The publication of the second edition is timely, given the fact that many lenders are currently reviewing security following the COVID crisis.
In the coming months, it is expected that these security reviews will, unfortunately, result in enforcement of security. This book will be a great resource for legal practitioners and others working in the areas of banking and security.

” –  Sinead McNamara, Fitzgerald Legal

“This book should be regarded as an invaluable addition to the knowledge in this area, and it will be of immense assistance to practitioners operating in this rapidly evolving area of law.” –  The Law Society Gazette

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