Legal Research Review on Irish Law

We are preparing a companies-only commercial lending model and want a lawyer or legal researcher to review our working legal position before we obtain final Irish solicitor sign-off. An Irish solicitor or lawyer with Irish financial regulation experience would be ideal. However, we are also open to someone qualified in another jurisdiction if they have strong experience in commercial lending, secured lending, private credit, company loans, or financial regulation, and can intelligently review Irish legislation and Central Bank of Ireland guidance. Our working position Our position is that the proposed model should be capable of proceeding as companies-only commercial lending without requiring Central Bank of Ireland authorisation as a retail credit firm or banking/credit institution, provided that: borrowers are incorporated companies only; every loan is for genuine commercial/business purposes; there is no lending to consumers, natural persons, individuals, sole traders, or unincorporated partnerships; there is no personal lending, retail lending, or high-cost consumer credit; there is no residential mortgage lending to individuals; we do not take deposits or repayable funds from the public; we do not hold ourselves out as a bank, credit institution, or regulated retail lender; investor onboarding and investment structuring are handled by the relevant approved party; any loan servicing, monitoring, arrears, enforcement, or third-party issuer role is structured correctly. What we need reviewed Please review and comment on whether our position appears reasonable, uncertain, or problematic under Irish law, especially in relation to: Lending to incorporated Irish companies for business purposes without Central Bank retail credit firm authorisation. Whether the position changes if the company borrower is an SME. Whether the Consumer Credit Act 1995 is unlikely to apply where the borrower is always an incorporated company borrowing for commercial/business purposes. Whether moneylending or high-cost credit rules are irrelevant where there are no consumers or natural-person borrowers. Whether loans up to approximately €1 million to company borrowers create any separate licensing issue. Whether commercial interest up to approximately 27% per annum creates any enforceability, penalty, unfairness, disclosure, or public-policy issue. Whether default interest, late fees, arrangement fees, legal fees, and enforcement costs need specific drafting controls. Whether secured lending to companies changes the position, including debentures, share charges, parent guarantees, company assets, receivables, or property-backed security. Whether extra issues arise if security is residential property owned by a company, while the borrower remains an incorporated company and the purpose is commercial. Whether personal guarantees supporting company loans require special wording, independent legal advice, or enforceability controls. Whether monitoring repayments, contacting company borrowers about arrears, maintaining a loan register, coordinating defaults, or assisting enforcement could trigger credit servicing authorisation or another Irish regulatory issue. Whether the position changes depending on whether the legal lender is our company, a third-party issuer, SPV, compartment, or other finance vehicle. What borrower disclosures and confirmations should be included in company loan term sheets and facility agreements. What marketing wording should be used when approaching companies about commercial loans. Documents prepared We have prepared a draft legal and loan-process pack covering the companies-only lending position, borrower eligibility rules, no consumer/natural-person lending wording, no deposit-taking/banking wording, borrower eligibility certificate, loan term sheet contents, facility agreement clause schedule, debenture/security schedule, share charge, parent guarantee, borrower authorisations, corporate certificate, due diligence checklist, credit approval memo, pricing rationale, arrears/default process, notification triggers, and counsel sign-off checklist. Deliverable required Please provide a practical review in memo or table format covering: whether our working position appears reasonable; uncertain points or red flags; suggested changes to borrower wording, loan documents, or process; final questions we should ask Irish counsel; sources relied on, including Irish legislation, Central Bank guidance, or other relevant authority. Important note This is not intended to replace final Irish legal advice. We are looking for a second-opinion legal research review to test our position and improve the pack before final Irish solicitor sign-off.