NAMA: The Law Relating to the National Asset Management Agency

Stephen Dodd and Cian Carroll have comprehensively examined the full impact that NAMA will have on Irish law. A vast amount of primary legal research has formed the basis of this book, resulting in a comprehensive narrative text that provides invaluable insight to help you understand how your work will be affected.

This narrative pracitioner text provides detailed analysis which will help you:-

• Understand the nature and functions of NAMA.
• Clarify the complex legal framework in which NAMA operates.
• Fully understand NAMAs wide-ranging powers to purchase, hold, and dispose of assets as well as complete developments and how they affect your clients.
• Get up to speed on the far-reaching legal issues raised by the nature, scope and powers of NAMA in relation to banking law, company law, law of contract, insolvency, conflicts of laws, planning law, land law, family law, constitutional law and competition law.
• Anticipate many of the problems that may arise so that you are prepared.

Also covers the European and International Dimensions:-

• Helps you understand how similar schemes to NAMA will operate in other jurisdictions and how these schemes will interact with one another.
• Provides an analysis of the international legal factors that need to be considered which will be useful as many of the properties involved are located outside Ireland.
• Examines the important European dimension since NAMA involves a form of asset relief which must comply with State Aid rules and other provisions.

Identification and rigorous analysis of potentially troublesome areas including:-

• Valuations including long term economic value
• Section 218: Acquired bank assets not void or voidable for specified reasons
• Title and NAMA owned Land including registration, investigation of title, etc.
• Status of other creditors of borrowers whose loans are acquired by NAMA
• Special Purposes Vehicles.
• Bank assets/land outside the State and applicability of non-Irish law
• Restrictions on legal proceedings and reliefs available