Loan Transfer Agreement Template for Ireland

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Key Requirements PROMPT example:

Loan Transfer Agreement

"I need a Loan Transfer Agreement under Irish law for transferring a €5 million corporate loan from Allied Bank plc to Celtic Financial Ltd, with completion planned for March 15, 2025; the loan is unsecured and the borrower's consent is not required."

Document background
The Loan Transfer Agreement is a crucial document used in the Irish financial services market when transferring loan rights and obligations from one lender to another. It is commonly used in loan portfolio sales, debt trading, restructuring scenarios, or when banks need to manage their loan exposure. The agreement must comply with Irish financial services regulations, including the Central Bank Act 1997 and, where applicable, consumer protection legislation. The document typically includes detailed provisions on the transfer mechanics, representations about the loan quality, and requirements for perfecting the transfer. A Loan Transfer Agreement becomes particularly important in scenarios involving secured lending, as it must address the transfer of associated security interests in compliance with Irish property and security law.
Suggested Sections

1. Parties: Identifies the existing lender (transferor), new lender (transferee), and other relevant parties such as security agent or borrower if they are party to the agreement

2. Background: Recitals explaining the context of the original loan, the parties' intention to transfer the loan, and any relevant facility agreement details

3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation rules

4. Transfer and Assignment: Core provisions detailing what is being transferred, the effective date, and the mechanics of the transfer

5. Consideration: Details of the purchase price for the loan transfer and payment mechanisms

6. Completion: Specifies the completion mechanics, timing, and deliverables required for the transfer to take effect

7. Representations and Warranties: Statements of fact from both transferor and transferee about their capacity, authority, and the loan being transferred

8. Undertakings: Ongoing obligations of the parties, including cooperation in perfecting the transfer

9. Costs and Expenses: Allocation of transaction costs and expenses between the parties

10. Notices: Communication procedures and contact details for formal notices

11. Governing Law and Jurisdiction: Specifies Irish law as governing law and jurisdiction for disputes

Optional Sections

1. Security Transfer Provisions: Required when the loan is secured and associated security interests need to be transferred

2. Regulatory Compliance: Required when specific regulatory requirements apply, such as consumer protection measures

3. Data Protection: Required when personal data is being transferred, particularly for consumer loans

4. Tax Provisions: Required when specific tax implications need to be addressed

5. Further Assurance: Optional section detailing additional actions parties may need to take to perfect the transfer

6. Borrower Consent: Required when borrower consent is needed for the transfer under the original loan agreement

7. Sub-Participation Provisions: Required when the transfer is structured as a sub-participation rather than an outright transfer

Suggested Schedules

1. Details of the Loan: Comprehensive details of the loan being transferred, including facility amount, outstanding balance, interest rate, and payment terms

2. Completion Requirements: Checklist of documents and actions required for completion

3. Form of Transfer Notice: Template notice to be sent to the borrower informing them of the transfer

4. Security Documents: List and copies of security documents being transferred

5. Form of Transfer Certificates: Standard form certificates evidencing the transfer

6. Original Loan Documentation: List and copies of the original loan agreement and related documents

7. Contact Details: Detailed contact information for all relevant parties

8. Required Consents: List of required consents and their status

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Investment Management

Private Equity

Asset Management

Commercial Real Estate

Corporate Lending

Debt Trading

Structured Finance

Special Situations/Distressed Debt

Relevant Teams

Legal

Finance

Credit Risk

Loan Operations

Treasury

Compliance

Investment

Portfolio Management

Transaction Management

Loan Administration

Deal Advisory

Debt Trading

Special Situations

Relevant Roles

Legal Counsel

Finance Director

Credit Risk Manager

Portfolio Manager

Loan Operations Manager

Transaction Manager

Compliance Officer

Chief Financial Officer

Treasury Manager

Investment Director

Debt Trading Manager

Loan Administrator

Banking Relationship Manager

Restructuring Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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