Download full Banking And Security Law In Ireland Book or read online anytime anywhere, Available in PDF, ePub and Kindle. Click Get Books and find your favorite books in the online library. Create free account to access unlimited books, fast download and ads free! We cannot guarantee that book is in the library. READ as many books as you like (Personal use).
Synopsis : Banking and Security Law in Ireland written by William Johnston, published by Bloomsbury Professional which was released on 2020-04-30. Download Banking and Security Law in Ireland Books now! Available in PDF, EPUB, Mobi Format. 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. -- 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. 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 are also covered in detail. The new edition also provides an extensive and in-depth guide on the current labyrinthine regulatory regime relating to consumer credit and consumer protection generally, including the Consumer Credit Act, the EU Consumer Credit Regulations, the EU Mortgage Credit Regulations and the Consumer Protection Code. Other conduct of business requirements relating to banking business are also covered in detail, including the Code of Conduct on Mortgage Arrears, the Lending to SME Regulations, the Consumer Protection Act, the EU Dsitance Marketing of Consumer Financial Services Regulations, the Code on Related Parties Lending and the Credit Reporting Act. The redress/recourse mechanisms available to consumers are also covered, including the Financial Services Ombudsman, the Credit Review Office, and the thorny issue of the implications in litigation against consumers of lenders' non-compliance with regulatory codes. 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, security and consumer protection. Much of the content is unique and cannot be found in any other publication. An essential addition to the library of every practitioner and compliance professional in the banking area.
Type: BOOK - Published: 2020-04-30 - Publisher: Bloomsbury Professional
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. 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 are also covered in detail. The new edition also provides an extensive and in-depth guide on the current labyrinthine regulatory regime relating to consumer credit and consumer protection generally, including the Consumer Credit Act, the EU Consumer Credit Regulations, the EU Mortgage Credit Regulations and the Consumer Protection Code. Other conduct of business requirements relating to banking business are also covered in detail, including the Code of Conduct on Mortgage Arrears, the Lending to SME Regulations, the Consumer Protection Act, the EU Dsitance Marketing of Consumer Financial Services Regulations, the Code on Related Parties Lending and the Credit Reporting Act. The redress/recourse mechanisms available to consumers are also covered, including the Financial Services Ombudsman, the Credit Review Office, and the thorny issue of the implications in litigation against consumers of lenders' non-compliance with regulatory codes. 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, security and consumer protection. Much of the content is unique and cannot be found in any other publication. An essential addition to the library of every practitioner and compliance professional in the banking area.
Type: BOOK - Published: 2008 - Publisher: Oxford University Press, USA
Security Over Receivables: An International Handbook is a practical guide to the key issues involved in taking security over receivables in 39 jurisdictions. Each analysis is followed by a case study, and a comparative table is also included to outline and illustrate the distinguishing aspects of taking security over debts in each country. Coverage also includes a chapter from UNCITRAL giving a useful explanation of the position from an international lawperspective. This work is a valuable preliminary reference point for practitioners advising on finance transactions, which involve security over receivables in a foreign jurisdiction.
Type: BOOK - Published: 1998-01-01 - Publisher: Bloomsbury Professional
For practising solicitors and barristers working in the banking and financial services sector, this popular book will enable them to advise their clients with absolute confidence. Immensely practical, Banking and Security Law in Ireland provides a detailed treatment of the ever-increasing exceptions in Ireland to the banker's duty of secrecy, liability for payment or non-payment of cheques, recent case law on payments and tracing, as well as accounts. The coverage includes a thorough treatment of facility letters, guarantees, pledges, mortgages and charges over land, chattels (including agricultural equipment), debts, deposits and shares.
Authors: Yann Aubin, Louis de Longeaux, Jean-Claude Vecchiatto
Type: BOOK - Published: 2016-04-24 - Publisher: Kluwer Law International B.V.
Familiarity with guarantees and how they function under various national jurisdictions are essential for principals, guarantors, and beneficiaries of international contracts. This enormously useful handbook provides a practical overview of the guarantee regimes in twenty-eight European countries, with country-by-country contributions from regional expert practitioners and academics. For easy comparison, each country report follows the same structure, from preliminary discussion on the provisions of a guarantee to its negotiation, drafting, and enforcement. Focusing on specific issues to consider at every stage, each chapter provides detailed information and guidance on such aspects as the following: . who can issue guarantees; . limitations as to the type of obligations which may be subject to a guarantee; . issues relating to the protection of the contracting parties; . formal requirements which need to be complied with; . stamp duties or other tax payable; . presence of implied terms; . legal framework applicable to joint and several obligations; . modification of the situation; . conditions for release and actions to be taken to ensure a valid release; . opening of bankruptcy proceedings against the principal; . court enforcement; and . incorporation of uniform rules. Each chapter includes references and model guarantee forms that readers can use to draft their own documents. Invaluable to corporate counsel and law firms with an international practice, this peerless handbook will prove the first order of business in trade negotiations across Europe, among European nations themselves as well as with their global partners.
Authors: William Johnston, Thomas Werlen, Frederick Link
Type: BOOK - Published: 2018-02-22 - Publisher: Oxford University Press
The third edition of this invaluable guide covers the application and practice of the law of set-off in over 30 jurisdictions spanning Europe, Asia and the Americas. Written by leading experts from around the word, each chapter explains the principles of the law of set-off in the jurisdiction concerned, and provides a comparative guide for banking and finance lawyers wishing to establish the pitfalls of set-off in a foreign jurisdiction For this new edition every chapter has been updated to contain new material specifically devoted to cross border aspects, including analysis of choice of law issues.. Fully updated legal analysis is also provided, with an emphasis on how set-off may be used as security and the application of insolvency set-off: taking into account new legal developments in the various jurisdictions and reflecting recent changes to legislation in the financial sector relating to bank and other financial firm resolution.
Type: BOOK - Published: 2000-12-15 - Publisher: Bloomsbury Publishing
This collection of essays is dedicated to Brian Harvey,the retired Professor of Property Law at the University of Birmingham. The contributions reflect his eclectic interests and bring new insights to issues of property law, both real and personal, consumer protection, auction sales and tax. Historical, human rights, public law, European Community and international aspects are addressed in addition to persistent domestic conveyancing concerns. Contributors: Peter Cook, David Feldman, Jonathan Harris, Tim Kaye, Jeremy McBride, Frank Meisel, Norman Palmer, Deborah Parry, David Salter, Carla Shapreau, John Stevens, Mark Thompson, Nick Wikeley and John Wylie.
Type: BOOK - Published: 2014-03-01 - Publisher: Juris Publishing, Inc.
Practitioners from leading firms in over 90 countries provide practical information about procedural and substantive issues regarding attachment of assets. Because the availability of attachments in advance of judgments can make the difference between success and failure in a lawsuit for money damages, and because attachments may often be obtained in places far removed from the venues of proceedings on the merits, it is important for litigation counsel to be aware of the potential for multi-jurisdictional assaults on the assets of their clients or of their clients’ adversaries. Attachment of Assets is designed to give practical information and guidance to lawyers and businessmen who are interested in securing expected future judgments and in making strategic decisions concerning the deployment of moveable assets in the face of possible attachments of them. The chapters, each discussing the requirements of a separate country, are written by lawyers with practical expertise in this field. The procedure by which attachments are obtained vary, ranging from court orders authorizing a court official to take custody of a defendant’s assets to orders restraining the defendant from transferring his assets. The effects of such orders differ as well: some create a lien superior to those of other creditors and others do no more than immobilize the debtor’s assets, leaving them open to being levied upon by later-arriving judgment creditors. Countries vary in the ways in which they permit attachments to be carried out -- whether, for example, all of the banks in a given city may be served with attachment notices or orders. They vary as well with respect to the information that is imparted to the attaching creditor after attachment orders have been served. Some rules make available to creditor information concerning the value of assets on which they have successfully levied, while others leave creditors in the dark, or dependent on informal hints from garnishees as to whether or not pay dirt has been struck. Most importantly, jurisdictional requirements for the issuance of attachment orders are not similar. Some countries permit attachments only if the defendant is subject to the jurisdiction of their courts with respect to the merits of the case. Others are less demanding, permitting attachments solely on the basis and to the extent of the presence of the assets successfully attached. It is probably fair to say that, in many foreign jurisdictions, the protection of creditors through fraudulent conveyance laws and the like is inadequate, or even, as a practical matter, unavailable. The enforcement of judgments is therefore often dependent on a creditor’s ability to obtain -- early, even prior to the commencement of a lawsuit -- a prejudgment attachment (or the equivalent) of his debtor’s assets. The extent to which attachments are obtainable in various countries of the world and the basis under which they may be obtained under local law are the focus of Attachment of Assets. Format of Publication: Organized in a uniform question and answer format that addresses the receptiveness of each country toward the attachment of assets; the procedural requirements for filing for attachment; reciprocity; treaty provisions; and defenses. Every Chapter is organized with the same special three part arrangement - allowing you to quickly and easily locate the information you need for each country. Part I contains a survey of the current attitude of each country’s courts and government toward the attachment of assets, including anticipated changes and recent cases. Part II discusses procedure the judgment creditor must follow to file for the attachment of assets in the other country, including translation of the judgment, currency conversion, attorneys’ fees and recovery of interest. Part III summarizes the requirements the judgment creditor must meet for attachment, and the defense the judgment, and the defenses the judgment debtor must establish to prevent attachment.
The Law of Credit and Security explores legal and policy questions in respect to credit and security in modern Ireland. It provides up-to-date analysis in respect of a range of current topics, including: The credit crisis and efforts at containment International, European and Irish regulation of credit providers Legal aspects of loans and credit provision All forms of security and quasi-security Enforcement of security and of personal debt It also includes: A complete picture of all forms of security over land, including detailed analysis of the impact of the Land and Conveyancing Law Reform Act 2009 Comprehensive discussion of possessory and non-possessory security over tangible and intangible personal property, including in-depth analysis of the Financial Collateral Directive, as transposed Detailed treatment of the law relating to guarantees and analogous instruments Up-to-date coverage of enforcement of security and limitations on enforceability Coverage of the key aspects of the law in respect of personal debt enforcement and bankruptcy and analyses reform proposals in this area. About the author Dr Mary Donnelly is a senior lecturer in law at UCC. She has written extensively on banking/credit/consumer protection law in a range of Irish and international journals. Her publications include The Law of Banks and Credit Institutions (Dublin: Round Hall, 2000). She has acted as consultant on projects for the Irish Bankers' Federation, the Business Law Committee of the Law Society of Ireland, the National Consumer Agency and the Company Law Review Group. She is the Banking and Security correspondent for the Commercial Law Practitioner
Type: BOOK - Published: 2010-03-25 - Publisher: Oxford University Press
This book provides a comparative analysis of the law and practice of acquisition finance from leading lawyers in over 20 different jurisdictions. The new edition includes coverage of acquisitions from insolvency practitioners/administrators, regulation affecting financial institution investment practices and public company acquisitions.
Type: BOOK - Published: 2017-06-20 - Publisher: Kluwer Law International B.V.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Ireland deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Ireland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Type: BOOK - Published: 2003 - Publisher: Oxford University Press, USA
This publication is a particularly timely looseleaf following the design and development of the United Nations International Trade Law Commission (UNCITRAL) Model Law on Security Interests. Contributors are practitioners from major law firms in North and South America, Europe, and Asia who provide an ongoing commentary on their respective security interests regimes, based on the evolution of the UNCITRAL Model Law and, ultimately, on its implementation in their respective countries. International Secured Transactions is the only publication to date that deals with the UNCITRAL Model Law and its impact on national legislation and practice. Through updates, it provides a unique resource for the tracking of the impact of a developing Model Law, its application in national legal systems, and its consequences for international trade.