WE HAVE for many years advised credit institutions on the drafting and structuring of facility letters, on the execution of facility letters, the drafting and structuring of mortgages, charges, assignments (as appropriate) over commercial property, shares, equipment, insurance policies, contracts, intellectual property rights and the proper execution and registration of such security in the appropriate registries such as the companies registration office, the property registration authority, the patents office, the central office and any other necessary registries. We also report to the clients on the security implemented and the enforcement of such security both within Ireland and on a cross border basis.
We also act for lenders in drafting heads of terms related to syndicated lending. We draft syndicated loan agreements in accordance with Loan Market Association requirements, and advise lenders and borrowers of their rights, obligations and risks in entering into such loan agreements. We advise on the regulatory requirements related to the requesting of and taking of guarantees including in particular the requirements of the 2016 SME Regulations.
We also act for lenders and borrowers in the context of trade and commodities finance, including we draft and advise on letters of credit facility letters both revolving and non-revolving, we draft and advise on all forms of guarantees and bonds and we structure and draft invoice discounting and factoring agreements, bills of exchange and agreements for forfaiting of credit instruments, including drafts drawn against letters of credit, bills of exchange, promissory notes and other negotiable instruments.
We advise purchasers and sellers of loan books, on the due diligence requirements in connection with the purchase of loan books, on the structuring of asset purchase agreements for loan books, on the warranties that ought to be imposed or sought, on the application of Central Bank authorisation requirements under the Retail Credit regime, the Consumer Credit Servicing regime, and under the Mortgage Credit Directive regulations. We advise Peer to Peer Lenders on the legislative and regulatory requirements that may apply to their activities.
We advise numerous lenders on the adequacy and legal status of their existing security arrangements. This involves reviewing all facility letters and security documents and ensuring all security which was to have been taken has been properly acquired and registered and is properly registered. If there are gaps in security we advise as to what steps need to be taken to rectify same.
In addition to the legal services we provide in respect of Financial Services, we provide: