The National Asset Management Agency Act 2009

A Reference Guide

Máire R. Whelan SC, Mark Kennedy FCA, Feargus Ó Raghallaigh MA (Autoren)

Loseblattwerk

1178 Seiten

2011
Gill Education (Verlag)
9780717148400 (ISBN)

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An invaluable reference guide to practitioners in comprehending the complex and technical provisions of this major piece of legislation whether considered in the domestic or international contexts.

‘Uniquely, in a single work, this Reference Guide includes an excellent summary of the events that led to NAMA, thought provoking commentaries on key aspects of the legislation and a truly comprehensive annotated text of the 2009 Act itself. The combined result is a guide that gives the user a complete and objective perspective on one of the most keenly debated pieces of legislation enacted in this country. It will be of great value to anybody interacting with NAMA or with an interest in the work of the Agency.’ Frank Daly, Chairman, NAMA

A comprehensive, authoritative and accessible guide to Ireland’s National Asset Management Agency Act 2009.

References a wide range of relevant sources including legal, administrative and accounting texts, text of Dáil Éireann and Seanad Éireann debates, EU Commission pronouncements and, in relation to specific sections and amendments, the speaking notes and supporting papers of the Minister for Finance, the late Brian Lenihan.

Presented in two parts – commentaries and legislation with annotation.

Commentaries:

Annotators’ commentaries deal with a number of high-level themes posed by the Great Recession as it has affected Ireland, including:

Resilience or the vulnerability of the Irish economy and banking system as shaped by the boom of the preceding decade.
The need to provide for a Special Resolution Regime (SRR) as has been done in the UK, US and elsewhere.
Consideration of the exceptionalist nature of certain provisions of the Act, by reference to relevant existing legislation in response to the economic crisis.
Commentary on the status of NAMA as an involuntary creditor.
Consideration of the role of the European Commission in the context of the development and implementation of the legislation.
Obligations placed on directors and senior management of participating institutions which suggest comparison with the US Sarbanes-Oxley provisions, as well as corporate governance issues more generally.

Legislation with annotation:

The text of the Act is reproduced in full with the legal significance of each and every section clearly explained. Relevant court decisions are identified and their significance considered.
There is particular emphasis on the European Union (EU) context and the impact of the law of the Union, specifically EU competition law, undistorted competition and the regime of the single market. An overview commentary locates the legislation in its wider, global context and relates it to themes of concern to policy-makers and to the realm of jurisprudence.
Includes amendments and statutory instruments enacted up to June 2010

NOTE: Updates to this title will be published at appropriate intervals.

Máire R. Whelan BA, LLB, LLM (Lond), DipIntRels (Vienna) is a Senior Counsel and practises predominantly in chancery law. She is a member of the Board of the Property Registration Authority and has particular expertise in property, conveyancing, equity and trust law. Máire was appointed Attorney General in March 2011. Mark Kennedy is a Fellow of the Institute of Chartered Accountants in Ireland (FCA) and lead audit partner in the Dublin office of Mazars, an international audit and accountancy practice. He specialises in audit and accounting with particular reference to the banking sector and property lending. He has also worked with public sector agencies, government departments and parliamentary inquiries. Feargus Ó Raghallaigh MA, Econ (UCD) is a journalist with significant political and parliamentary advisory experience and expertise in report and speech writing, economic and social policy formulation, parliamentary procedure, legislative processes and EU and international economic and political affairs.

Table of Cases

Irish Cases

British Cases

European Cases

Other Cases

Table of Statutes

Subordinate Legislation

Rules of the Superior Courts

Table of Articles of the Constitution

Table of European Legislation

Table of Commission Decisions

Acknowledgments

Foreword by Brian Lenihan TD, Minister for Finance

PART I: Commentaries

Introduction

1 NAMA: A Perspective on Context and Key Themes by Feargus Ó Raghallaigh

2 NAMA: A Legal Perspective by Máire R. Whelan SC

3 NAMA: An Accounting Perspective by Mark Kennedy

4 Corporate Governance and Resilience by Mark Kennedy and Feargus Ó Raghallaigh

PART II: National Asset Management Agency Act 2009 (No. 34 of 2009) Annotation

Annotators’ Introductory Note

Annotation of the Act

Part 1: Preliminary

Part 2: National Asset Management Agency

Part 3: Finance, Planning, Accountability and Reporting

Part 4: Designation of Credit Institutions as Participating Institutions and Designation of Eligible Bank Assets

Part 5: Valuation Methodology

Part 6: Acquisition of Bank Assets and Related Matters

Part 7: Review of Decisions Relating to Acquisition

Part 8: Relationship between NAMA and Participating Institutions

Part 9: Powers of NAMA in Relation to Assets

Part 10: Legal Proceedings

Part 11: Use of Information

Part 12: Conduct of Participating Institutions

Part 13: Miscellaneous

Part 14: Review of NAMA

Part 15: Amendment and Modification of Other Enactments

Appendices

1. Statutory Instruments with Annotations

2. European Commission Approval of NAMA

3. CSO and Eurostat Correspondence on Accounting for the Master SPV

4. Credit Institutions Guarantee Schemes

Index

Erscheint lt. Verlag	28.2.2011
Verlagsort	Dublin
Sprache	englisch
Gewicht	2311 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Wirtschaftsrecht ► Bank- und Kapitalmarktrecht
ISBN-13	9780717148400 / 9780717148400
Zustand	Neuware