Law Society of Ireland's Banking & Corporate Financial Services Professional Practice PDF

By Law Society of Ireland

ISBN-10: 1859418015

ISBN-13: 9781859418017

Banking company monetary prone specialist perform consultant comprehensively bargains with the perform concerns most often encountered by way of apprentices during this quarter and contains contemporary advancements in legislations and perform.

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Sample text

Set-off is permitted (and perhaps is obligatory) as at the date of winding up. But no new set-off rights may be acquired by the solvent party after the date of winding up. (b) No set-off of contingent liabilities Unless permitted by contract, a contingent liability (for example, under a guarantee that has not yet been called) cannot be used to reduce a presently due and payable debt to the other party. (c) Special rules in EU insolvencies Where an Irish person has a right of set-off against a party which has become insolvent or gone into pre-insolvency administration (for example, examinership equivalent) in another EU Member State, the Irish party may only exercise its right of set-off if permitted by the law of that other EU Member State.

The earliest date or time in which it happens is when the paying bank puts in motion the payment mechanics. What this will be will depend on the facts. There can be bilateral payments. Payments can also be effected through a central clearing system, for example, the US dollar clearing in New York. Another is the TARGET payment clearing system operated through member banks of the European System of Central Banks. This provides for real time gross settlements (ie, payment by electronic book entry, occurring with immediate effect and which is not netted off within a clearing system).

The earliest date or time in which it happens is when the paying bank puts in motion the payment mechanics. What this will be will depend on the facts. There can be bilateral payments. Payments can also be effected through a central clearing system, for example, the US dollar clearing in New York. Another is the TARGET payment clearing system operated through member banks of the European System of Central Banks. This provides for real time gross settlements (ie, payment by electronic book entry, occurring with immediate effect and which is not netted off within a clearing system).

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Banking & Corporate Financial Services Professional Practice Guide (Professional Practice Guides) by Law Society of Ireland


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