William Johnston#11719

William Johnston

Solicitor, ByrneWallace LLP
William Johnston is an economics graduate of Trinity College Dublin; he qualified as a solicitor while training in McCann FitzGerald LLP and was a partner in Arthur Cox LLP for 30 years where he was head of the Financial Services Department for 16 years and Chair of the Learning and Development Committee for ten years; he is now a Consultant with ByrneWallace LLP; he was Chair of the Law Society’s Business Law Committee for two years and has lectured in the Law Society’s Diploma in Finance Law for 20 years and is currently the Law Society’s external Examiner in Banking Law and the lecturer on legal opinions in the Law Society’s Professional Course; he was a Board member of UCD’s Commercial Law Centre for six years and is a member of the editorial Boards of Commercial Law Practitioner, Butterworths Journal of International Banking and Financial Law and Business Law International; he represented the Law Society on the Company Law Review Group in 1994 and was a Ministerial nominee to the Company Law Review Group from 2000 to 2018 during which he chaired seven subcommittees; he was the first chair from Ireland of the Banking Law Committee of the International Bar Association where he also chaired the Banking Law Regulation sub-committee and the Legal Opinions sub-committee; his publications include Banking and Security Law in Ireland (1998 Butterworths) (2000 Bloomsbury Professional) and for Oxford University Press Set-off Law and Practice (2006, 2010, 2018) and Security over Receivables (2008).
Contributed to

11

Other work

Ireland—Demand letter—borrower
Ireland—Demand letter—borrower

This Precedent letter of demand can be used by a lender when making demand for repayment from a borrower in Ireland. Produced in partnership with William Johnston of Byrne Wallace.

Ireland—Demand letter—guarantor
Ireland—Demand letter—guarantor

This precedent letter of demand can be used when making demand under a guarantee for repayment from a guarantor in Ireland.

Ireland—Guarantee and indemnity: cross guarantee from group companies—bilateral—all monies
Ireland—Guarantee and indemnity: cross guarantee from group companies—bilateral—all monies

This is a precedent bilateral guarantee and indemnity deed which can be used to create a guarantee from two group companies which are limited companies incorporated in Ireland. It creates an intra-group or cross guarantee of the obligations of the companies (defined in this precedent as the ‘Obligors’) to the Lender on an all monies basis. The Obligations being guaranteed are those of each guarantor acting as borrower and guarantor. If there are more companies in the group which will be acting as guarantors, add additional parties to the Parties clause and the signing clause within the definition of ‘Obligors’. Produced in partnership with William Johnston of Byrne Wallace.

Ireland—Guarantee and indemnity: single company guarantor—bilateral—all monies
Ireland—Guarantee and indemnity: single company guarantor—bilateral—all monies

This is a precedent bilateral guarantee and indemnity deed which can be used to take a guarantee from a limited company incorporated in Ireland. This Precedent guarantee and indemnity creates a guarantee of the obligations of the borrower company to the Lender on an all monies basis. Produced in partnership with William Johnston of Byrne Wallace.

Ireland—Guarantee and indemnity: single company guarantor—bilateral—specific monies
Ireland—Guarantee and indemnity: single company guarantor—bilateral—specific monies

This is a precedent bilateral guarantee and indemnity deed which can be used to create a guarantee from a limited company incorporated in Ireland. This precedent guarantee and indemnity creates a guarantee of the obligations of a borrower company to the lender on a specific monies basis. This Precedent can be used in conjunction with the precedent bilateral facility agreement. Produced in partnership with William Johnston of Byrne Wallance.

Ireland—Guarantees
Ireland—Guarantees

This Practice Note explains the key characteristics of guarantees and how they are used in finance transactions in Ireland. It also explains why indemnities are used in guarantee documentation, the difference between a guarantee for a specific transaction and an all monies guarantee, whose obligations are commonly guaranteed in finance transactions and the use of limited guarantees. It also highlights the key guarantor rights and guarantor protections provided by the courts.

Ireland—Key features of debentures
Ireland—Key features of debentures

This Practice Note explains the nature and key features of debentures in Ireland. It also takes a look at the different categories of assets secured under a debenture and the usual type of security being taken in relation to each asset, including mortgages, fixed charges, floating charges and assignments by way of security, together with the respective perfection requirements and how a debenture is enforced.

Ireland—Legal opinion letter: Irish borrower entering into a secured bilateral facility agreement
Ireland—Legal opinion letter: Irish borrower entering into a secured bilateral facility agreement

This is a precedent opinion letter which can be used as the basis for an opinion letter to be issued by the Lender’s lawyers in connection with a secured and/or guaranteed bilateral loan agreement which is being entered into by a limited company incorporated in Ireland. It covers the capacity and authority of the borrower and other obligors and the enforceability of the Irish law finance documents. It is assumed that in this transaction there is one borrower but potentially multiple guarantors. This Precedent can be used in conjunction with our precedent bilateral facility agreement. Produced in partnership with William Johnston of Byrne Wallace.

Ireland—Legal opinion letter: Irish borrower entering into an unsecured bilateral facility agreement
Ireland—Legal opinion letter: Irish borrower entering into an unsecured bilateral facility agreement

This is a Precedent opinion letter which can be used as the basis for an opinion letter to be issued by the Lender’s lawyers in connection with an unsecured bilateral loan agreement which is being entered into by a limited company incorporated in Ireland. It covers the capacity and authority of the borrower and the enforceability of the Irish law finance documents. It is assumed that in this transaction there is no guarantee or security, nor any hedging agreement. It is assumed there is only one borrower. This Precedent can be used in conjunction with our precedent bilateral facility agreement. Produced in partnership with William Johnston of Byrne Wallace.

Ireland—Legal opinions—uses, scope and structure
Ireland—Legal opinions—uses, scope and structure

This Practice Note explains the uses, scope and structure of legal opinions in finance transactions and outlines what legal opinions are, when legal opinions can be relied upon and by whom. It covers capacity and authority opinions and enforceability opinions in both a domestic and cross-border context. It also looks at the structure of a typical legal opinion letter. Produced in partnership with William Johnston of Byrne Wallace.

Ireland—Letter of non-crystallisation of a floating charge under a security agreement
Ireland—Letter of non-crystallisation of a floating charge under a security agreement

This form of precedent is issued by a chargee in Ireland where a buyer is buying a business or asset subject to a floating charge or if a lender is taking security by way of a second floating charge. The chargee confirms that the charge has not crystallised and that it has taken no steps to crystallise the charge and consents to the sale or creation of the second floating charge. Produced in partnership with William Johnston, of Byrne Wallace.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 1979

Experience

  • McCann FitzGerald LLP (1975 - 1985)
  • Arthur Cox LLP (1985 - 2017)
  • ByrneWallace LLP (2021 - 2024)

Membership

  • Law Society of Ireland
  • International Bar Association
  • Institute of Directors
  • Loan Market Association (Member Group)

Qualification

  • MA (1977)

Education

  • Trinity College Dublin

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