Best Structured Finance Lawyers in Dublin

About Structured Finance Law in Dublin, Ireland

Structured Finance refers to highly complex financial transactions that go beyond conventional lending. In Dublin, as a leading international financial hub, structured finance law involves the legal frameworks that regulate deals such as asset-backed securities, securitisation, collateralised debt obligations, and other customised financial instruments. These transactions often require the creation of special purpose vehicles (SPVs) and careful management of risks for both lenders and borrowers. Ireland, and Dublin in particular, has gained a strong reputation as a centre for structured finance because of its experienced legal professionals, supportive regulatory environment, and competitive tax regime.

Why You May Need a Lawyer

Engaging a lawyer with expertise in structured finance can be critical in several situations, including:

• Structuring, negotiating, and documenting complex financing arrangements
• Setting up or managing SPVs used in securitisation or other financial transactions
• Ensuring compliance with Irish and EU regulatory requirements
• Assessing and mitigating risks within multi-jurisdictional finance deals
• Handling disputes or potential litigation arising from structured finance agreements
• Facilitating refinancing, workout, or restructuring of existing deals
• Conducting due diligence and legal analysis before participating in or investing in structured finance products
• Advising on the tax implications of specific structured finance structures

Due to the complexity and high value of structured finance transactions, early and ongoing legal advice is essential to protect interests and ensure regulatory compliance.

Local Laws Overview

Structured finance transactions in Dublin operate within a sophisticated legal framework shaped by both Irish and European Union law. Key aspects include:

• Company Law: The Companies Act 2014 governs the incorporation and operation of SPVs and other entities often used in structured finance.
• Securitisation Regulation: Irish structures must comply with EU Securitisation Regulation (Regulation EU 2017/2402) regarding transparency, risk retention, and due diligence.
• Taxation: Ireland’s Section 110 regime allows for favourable tax treatment of qualifying SPVs, provided specific requirements are met.
• Financial Services Regulation: The Central Bank of Ireland regulates certain activities, such as the activities of investment funds or arranging securitisation, and applies Anti-Money Laundering and Know Your Customer obligations.
• Contract Law: Irish contract law principles determine the validity and enforceability of transactional documents.

These combined legal elements make Dublin a preferred location for structured finance, but also demand rigorous compliance and specialist legal knowledge.

Frequently Asked Questions

What is structured finance?

Structured finance involves complex financial products and transactions designed to redistribute risk and facilitate financing. These typically include securitisations, asset-backed securities, and similar arrangements.

Why is Dublin popular for structured finance?

Dublin offers a robust legal system, favorable tax regime for SPVs, skilled professionals, and is recognised as a reputable jurisdiction internationally. These factors attract global participants to use Dublin as a base for structured finance transactions.

What is a Special Purpose Vehicle (SPV)?

An SPV is a legal entity established specifically to isolate financial risk. SPVs are typically used in structured finance to purchase assets and issue securities backed by those assets.

Are there specific regulatory requirements for securitisation in Ireland?

Yes, securitisation deals must comply with EU Securitisation Regulation, which sets out requirements on transparency, due diligence, risk retention, and reporting. The Central Bank of Ireland also has oversight for some activities.

Do all structured finance deals qualify for Section 110 tax treatment?

No, only companies meeting the criteria set out in Section 110 of the Taxes Consolidation Act 1997 can benefit from this regime. There are stringent qualifying conditions.

How does Brexit impact structured finance in Dublin?

Brexit has enhanced Dublin’s appeal as an EU hub for structured finance, with many international firms increasing their presence in Ireland to maintain EU market access for financial services.

Is it necessary to have Irish legal counsel for deals based in Dublin?

It is strongly recommended, as local legal advice is critical for ensuring compliance with Irish and EU laws, structuring transactions, and managing tax and regulatory issues.

Can individuals invest in Irish structured finance products?

Yes, but these products are usually designed for institutional or sophisticated investors due to their complexity and regulatory status.

What are the main risks in structured finance transactions?

Risks include counterparty risk, legal and regulatory risk, tax risk, and operational risk. Legal counsel can help identify, allocate, and mitigate these risks in documentation.

How do I resolve disputes related to structured finance deals in Ireland?

Disputes are most commonly handled through negotiation, mediation, or arbitration, but litigation in Irish courts is also an option. Legal representation is important when navigating disputes.

Additional Resources

If you need further information or guidance, the following resources and organisations in Ireland may help:

• Central Bank of Ireland - Financial regulator for banking and financial transactions
• Irish Stock Exchange (Euronext Dublin) - Lists structured finance issuances and securities
• Revenue Commissioners - Oversees tax compliance, including Section 110 matters
• Law Society of Ireland - Provides a directory of qualified solicitors
• Irish Funds Industry Association - Represents and informs about the funds and structured finance sector

Next Steps

If you require legal assistance in structured finance:

• Gather all relevant documents and information about the transaction or issue
• Identify law firms or solicitors in Dublin with experience in structured finance
• Arrange initial consultations to assess their expertise and approach
• Clarify their fee structures and services before formally retaining a lawyer
• Work closely with your chosen counsel throughout the process to ensure your interests are protected and that you remain compliant with all legal obligations

Early legal advice can prevent costly mistakes and ensure that complex structured finance transactions are executed effectively and efficiently.