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Ireland

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Banking

It has been another turbulent 12 months for Ireland's banks. With the property bubble long burst and the government ploughing reserves into its debt-ridden institutions, which were teetering on the brink of default, a bail out to rescue the Republic looked increasingly likely as 2010 drew to a close. Swallowing its pride, the former government requested assistance from the EU and IMF to the tune of €90 billion in November 2010. A good proportion of this money has already been funnelled in to the banks in return for additional shares and now the country's banking system has an altogether different complexion.

The banks can now be divided into two distinct categories; the ones supported by the state, which have handed over loan portfolios to Nama (National Asset Management Agency), and the independents. Allied Irish (AIB), Bank of Ireland, Anglo Irish, EBS, Irish Nationwide and Irish Life and Permanent, all fall into the first group, while on the non-Nama side is National Irish Bank, RBS (Ulster Bank) and the other international lenders.

Going forward, the Minister of Finance plans to consolidate and has said only two stripped-down, conventional banks will remain, AIB and Bank of Ireland.

With foreign investment vital to the country's economic recovery, the state is conscious that it must assure the world that every endeavour has been made to redress the glitches in the old system. "The particular issue that was identified was that hands-on regulation and auditing of the financial services industry in general was poor and in particular there was a skills gap, where the regulators didn't have the capability to fully analyse. As a result of that there's a huge exercise by the Central Bank in up-skilling as well as increasing their hands-on supervisory roll," explains one lawyer.

All the financial services regulatory work has now been transferred from the financial regulator, which was previously a separate entity to the Central Bank, to an internal department. "You are now going to see the Central Bank of Ireland looking after all aspects of financial services regulatory work as well as the prudential capital side of the equation." explains one lawyer.

A mass of new regulations and numerous restructurings has filled a void in conventional banking and finance activity for several lawyers. One partner says: "In broad terms, an awful lot of what we've been doing from an advisory perspective is advising on restructuring, or regulatory, or protective work for corporates and others.

The country is by no means through the worst of the crisis but with the action being taken through Nama and a new government elected in March 2011, lawyers are upbeat. "I would suggest that at least the cycle has moved on a little - even if that's going on to enforcement or restructuring or whatever at least it's just not frozen indefinitely," says one lawyer.

Nama is certainly still one the biggest clients in town. Primarily employing firms to complete the due diligence on the loans that it took on from banks to become a consolidated lender, Nama has since moved to making decisions on how to progress with the loans. Developers have submitted business plans and on the basis of whether the agency considers them feasible or not it decides how to progress. "We're in the phase where Nama has the business plans and has decided either to enforce the loans or restructure the organisation's facilities. So we're seeing quite a bit of activity out of that," explains one lawyer. A further bounty of instructions for lawyers and opportunities for investors is assured once the sale of assets from within the loan portfolios begins.

On the pure lending side, firms have not been overwhelmed with opportunities but banks have healthier balance sheets, courtesy of the state and have opened their doors again at its behest. As it owns controlling stakes in a significant proportion of the country's banks it is utilising them to stimulate the economy. Small and medium size enterprise (SME) lending has been one such growth area spurred by the government. "The Irish government at the moment is very much focussed on growing our way out of this recession and they believe that they only way to do that is by creating employment in these smaller companies. They have put pressure on the Irish banks and they are the majority shareholder if not a 100% shareholder in most of them, to lend to these businesses," says one lawyer.

A niche industry, based in the country to avail of its favourable tax laws, is aviation finance, which has proven itself almost recession-proof. "Some banks still have international capital. There are areas that are a risk - aviation isn't one. It's one of the few areas seen as attractive to lend to," says one partner. Financial institutions are willing to bankroll Irish aircraft lease companies, which are doing a roaring trade with rapidly expanding Asian companies that need to account for large populations which are travelling more.

Irish banks may indeed have a new problem on the horizon as non-domestic banks look to capitalise on the difficulties and gain purchase on the Irish market by undercutting their local counterparts. One lawyer says: "While the Irish banks are still open for business, more and more lending at that high level with those blue chip corporates is from foreign banks who are offering very competitive pricing," says one partner and another agrees: "We're increasingly seeing foreign banks taking over in the role as the primary bankers of some significant Irish companies. So people like HSBC are increasing their presence in the market and Ulster Bank are doing the same," says one banking lawyer.

A&L Goodbody

Competitors allege that Arthur Cox and McCann FitzGerald are gaining market share from A&L Goodbody, but none deny the firm has the capabilities to compete: "Goodbody's has a good and very diversified banking and financial services practice," observes one.Of the firm's leading lawyers, Séamus Ó'Cróinín, who heads the firm's aviation finance practice, is highly regarded by rivals: "Séamus is a very reasonable, collegiate and practical person and certainly someone I like to work with," remarks one lawyer.... [more]

Leading lawyers
Catherine Duffy
Séamus Ó'Cróinín
Ciarán Rogers

Arthur Cox

A mark of a firm's quality can be seen in the calibre of its clients and Arthur Cox has long been the preferred council of the Government. Challenging times for the country has meant an abundance of complicated mandates for the firm which, when allied with a wealth of positive references from clients and competitors, secures the firm's premier placing.... [more]

Leading lawyers
Grainne Hennessy
William Johnston

Matheson Ormsby Prentice

Matheson Ormsby Prentice (MOP) remains in the first tier. Some commentators see the firm as primarily focussed on structured products but with 27 international banks and all the domestic institutions on its books even those sceptical competitors admit the firm is active across the banking sphere.... [more]

Leading lawyers
Patrick Molloy
William Prentice

McCann FitzGerald

Heavily admired by competitors, McCann FitzGerald warrants a tier of its own according to some: "In my mind McCann's are ahead of the rest in terms of the banking space. In terms of quality of the work they do.... [more]

Leading lawyers
Hilary Marren
Niall Powderly
Eamon de Valera

William Fry

Not as diverse as those ranked above it, but more experienced with broader capabilities than those below it, William Fry is placed accurately according to the market.Peers say the practice has undergone a reshuffle lately: "I think Fry's have now brought their banking group back in to their corporate group essentially.... [more]

Leading lawyers
Orla Brennan
Eliane Hanly

Eversheds

Eversheds has a good presence in mid-market deals and is consistently regarded as one of the more active players in this sphere. The practice is headed by Steve Rodgers who has been advising Bank of Scotland (RBS) Ireland, which has withdrawn from the country, on restructuring major loans for various borrowers still on its books.... [more]

LK Shields

The banking partnership at LK Shields has expanded in the past 12 months with the addition of recently promoted Neil O'Keeffe.Nama has provided some of the firm largest deals in the last 12 months.... [more]

Other notable - Eugene F Collins

Although crisis-driven work has largely dominated the deal-list of Eugene F Collins, the firm has also completed new finance mandates recently.

An area of the economy which has remained resilient in the crisis in Ireland is the export driven industry and banks are willing to finance companies operating in this sector.... [more]

Other notable - Dillon Eustace

Dillon Eustace’s seven-partner banking and finance team, headed by Mark Throne, have been predominantly occupied with international clients in the last 12 months.

Acting as Irish counsel, a finance team led by Conor Keaveny is advising a Russian bank on various debt funding structures for asset purchases, derivative transactions, and secured and unsecured credit facilities.... [more]

Other notable - Walkers

Walkers poached partner Ken Rush from Mattheson Ormsby Prentice to head the asset finance group in its Dublin office which launched in 2011.

Rush focuses on aviation finance and leasing and has a solid track record in this area.... [more]

Other notable - Maples and Calder

Maples and Calder continues to expand and in May 2010 the firm welcomed a new addition to its banking practice – former Arthur Cox finance partner Liam Carney. As well as from acting on a substantial confidential matter, Carney also advised RBS Citizens as the joint arranger for the syndicate providing a $150 million facility and $30 million sub facility to Penn Engineering in April 2011.... [more]

See also

Ireland
Western Europe

Practice areas

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