Banking and Security Law in Ireland

By: William Johnston and Nora Beausang
ISBN: 9781847666680

Print

€295.00
Buy Now

Online Subscription

FREE TRIAL
Sign Up

About Banking and Security Law in Ireland

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... Read more

About Banking and Security Law in Ireland

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.

William Johnston, MA (Dub) Solicitor, was a partner in Arthur Cox for 30 years and a former chair of the Banking Law Division of the International Bar Association. He is currently the external examiner in Banking Law for the Law Society and editor of Oxford University Press’s Security over Receivables (2008) and Law and Practice of International Set-off (2006, 2010 and 2018).

Nora Beausang, BCL (NUI) (First Class Honours, Contract Law Gold Medallist) Solicitor (IRL and NZ) practised banking and regulatory law in McCann FitzGerald and Mallesons (Sydney) for ten years. Her inhouse experience includes the role of Head of Legal and Compliance for over six years in the Corporate Banking division of a major international bank.

Table of Contents

Part I – Banker-Customer Relationship
Ch 1: Capacity of Customer;
Ch 2: Bank Accounts – Appropriation and Set-off;
Ch 3: Bank Confidentiality;
Ch 4: Facility Agreements;
Ch 5: Guarantees;
Ch 6: Avoidance of Commitments;
Ch 7: Credit Reporting Act 2013;
Ch 8: Financial Services Ombudsman.

Part II – Regulation
Ch 9: Consumer Credit Act 1995 (cash loans);
Ch 10: EC (Consumer Credit Agreements) Regulations 2010;
Ch 11: Regulation of Mortgage Lending (EU (Consumer Mortgage Credit Agreements) Regulations 2016, Consumer Credit Act 1995 (housing loans) and Code of Practice on the Transfer of Mortgages);
Ch 12: Code of Conduct on Mortgage Arrears;
Ch 13: Other Aspects of Consumer Protection Regulation (EC (Unfair Terms in Consumer Contracts) Regulations, 1995, Consumer Protection Act 2007 and EC (Distance Marketing of Consumer Financial Services) Regulations 2004)
Ch 14: Regulation of Business Lending (Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Lending to Small and Medium-Sized Enterprises) Regulations 2015, the Credit Review Office and Code of Practice on Lending to Related Parties);
Ch 15: Consumer Protection Code;
Chapter 16: Consumer Redress.

Part III – Security
Ch 17: Security over Land;
Ch 18: Security over Moveables;
Ch 19: Security over Debts;
Ch 20: Security over Bank Accounts;
Ch 21: Security over Shares:
Ch 22: Floating Charges;
Ch 23: Registration of Company Security;
Ch 24: Demand and Appointment of Receiver.

Publishing Details

Publication Date: 31 October 2019
ISBN: 9781847666680
Binding: Hardback
Edition: 2
BPro Ireland

Irish Law & Tax Online

Online access to Bloomsbury Professional Ireland Law & Tax books, looseleafs and journals. Free Trial