A Practice Note providing an overview of certain key considerations involved in structuring a loan to a company incorporated or located in Ireland (which may also involve a guarantor or security provider incorporated or located in, or assets located in, Ireland), where the lender is incorporated in another jurisdiction. In particular, this Note looks at key legal issues involved in making such loans, as well as taking and enforcing security and guarantees.
Lawyers advising a lender who proposes to make a loan to a borrower incorporated or doing business in another jurisdiction need to be aware of a variety of issues that can affect the structure of the loan transaction. In addition, if a transaction also involves a guarantor or security provider incorporated or doing business in another jurisdiction, or the assets over which security is being taken are located in another jurisdiction, then there will be other issues to consider. Lawyers should identify these issues in the early