Banking Advisory
Matheson’s Financial Institutions Group has a full suite of expertise to advice on all banking-regulatory matters and provides commercially-focused, practical legal advice.
The following is a snap shot of some of the key areas of our practice:
We advise our clients on:
- All matters relating to the application of the CRR and CRD IV.
- Drafting CRR-compliant capital instruments (CET1; AT1; T1).
- Carrying out CRR-compliance assessments in respect of capital instruments and providing CRR opinions.
- Carrying out CRR-compliance assessments in respect of credit-risk-mitigation techniques and providing CRR opinions.
- Advice in respect of the large-exposures regime under CRR, together with the Central Bank of Ireland’s domestic related-party lending regime.
- Advice in respect of the application of liquidity rations (LCR and NSFR).
- Managing the transition from CRR and CRD IV to CRR II and CRD V.
We also advise clients on ECB / SSM / Central Bank of Ireland supervisory dynamic and guide them through what requirements apply to their business on the basis of the bank’s designation. Additionally, we guide clients in the preparation of regulatory correspondence.
We advise clients in identifying the appropriate applicable requirements arising from the Credit Reporting Act 2013 to companies within their corporate group.
We advise on all matters relating to BRRD and recovery and resolution planning, including in respect of internal-MREL drafting and analysis.
We advise clients on, and assess consumer-facing documentation in relation to, all Irish and EU consumer-credit law. Corporate Governance, Remuneration, Nomination and Board Suitability.
We advise clients on all aspects of corporate governance including in respect of those requirements under CRD and related EBA guidelines and in respect of the Central Bank’s Corporate Governance Code for Credit Institutions 2015.
We advise clients in identifying the jurisdiction in which the characteristic performance of regulated banking activity happens and the ability to utilise reverse-solicitation exemptions.
Experience Highlights
- Advised international banking groups in relation to their Brexit planning, including carrying out detailed analysis on matters pertaining to characteristic performance and reverse solicitation of Irish-resident clients.
- Drafted and opined on a multiple CET1 and T2 instruments for banking clients.
- Assessed a leading bank’s consumer and SME lending documentation for compliance with Irish law and regulation.
- Advised multiple banks on the application of credit risk mitigation rules and provided opinions on compliance with relevant provision of CRR.
- Guided banks’ correspondence with Central Bank of Ireland on a range of matters including Brexit preparedness.
- Advised multiple banking and non-bank-lender clients on the application of the Credit Reporting Act to entities within their corporate groups.
- Drafted EBA Q & A for a banking client on narrow piece of CRR interpretation relating to hedging activities.
- Advised leading international bank on LCR management in relation to various liability types.
- Advised multiple banks on the application of remuneration rules including in respect of the adoption of a proportionality approach.
- Advised banks on internal MREL instruments and assessed other issues relating to recovery and resolution planning.
- Advised multiple clients on the management of intra-group and third-party large exposure issues.
- Guided prospective senior managers and board members through pre-interview sessions for fitness and probity purposes.
- Advised banks on governance issues including in respect of board compositions, suitability assessments and the respective responsibilities of the board and nomination committees.
- Advised international banking groups in relation to their Brexit planning, including carrying out detailed analysis on matters pertaining to characteristic performance and reverse solicitation of Irish-resident clients.
