14.10.2014
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You have been and will be hearing a lot about promissory notes in the coming weeks but what’s it all about? PROMISSORY NOTES ARE high on the news agenda at the moment with the government seeking a deal to avoid paying the €3.06 billion due on 31 March, while a court last week ruled against a businessman who challenged their legality. But as it stands, on 31 March Ireland will give €3.06 billion to the Central Bank and this money will be destroyed.
Last week we asked for your questions and we had a few of our own that we wanted answered, so we asked the experts including the Department of Finance, the independent TD Stephen Donnelly, and the financial blogger Namawinelake. In 2010 the banks that were then Anglo Irish Bank and Irish Nationwide (now Irish Bank Resolution Corporation or IBRC) required around €30.06 billion in additional cash from the State because of their perilous state in the aftermath of the collapse of the property market.


Instalments were scheduled for repayment annually from March 2011 to March 2031 with the interest on the principal varying from year-to-year, according to the Department of Finance. The repayment works like this: The government pays the money to IBRC, which gives it to the Central Bank of Ireland, which then destroys this money. Former Minister for Finance Brian Lenihan at a summit of EU finance ministers on the dayIreland officially entered a bailout programme. But creating cash or monetary financing is a no-no as far as the European Central Bank (ECB) is concerned.
Patrick Honohan is pushing the case for a deal for Ireland as a member of the ECB’s governing council. The option is not among those currently being considered by the government, according to the Department of Finance. Could we take a ‘haircut’ on promissory note repayments, in the way that haircuts were applied NAMA loans?
Donnelly claims that if the burden were to be shared equally across the eurozone, the amount owed by Ireland would fall to less than €1 billion. The Dail did vote through legislation relating to banks in 2008, 2009 and 2010 including the Credit Institutions Financial Support Act 2008 and the Credit Institutions Stabilisation Act 2010 which established the grounds for a promissory note being issued. The Dublin businessman David Hall argues that the notes are invalid under the Constitution and specifically should have been approved by a Dail vote but last week the High Court disagreed with that claim and said in its verdict that only a member of the Dail could challenge their legality. In that case the State argued that bank legislation allows the Minister for Finance to spend money from a central fund without Oireachtas approval for where that money goes. Hall is considering a Supreme Court appeal while Donnelly is among the TDs said to be considering a possible legal action. Didn’t I read something about the ECB rejecting an Irish proposal to issue a long-term bond?
But more than illegality the ECB appears concerned that issuing a bond for Ireland would create a dangerous precedent. The ECB would lose control over the supply of money and that could create chaos in the markets.
There are four meetings of the ECB governing council between now and 31 March so there is still time to put together a proposal that satisfies the bankers in Frankfurt. Noonan was adamant last week that Ireland will not default though the government’s budget advisory council believes there is a 39 per cent chance this will happen while the Troika said little about the payment to Donnelly. In short, everyone has an opinion but no-one can say for certain if a deal will be reached.
This week, Celebrity Operation Transformation participant Karl Spain talks about the importance of eating right. One reader tells us her story about having to travel to the UK for an abortion after an unplanned pregnancy at 19. My only hesitation was downloading and paying for something from a company I know nothing about. Our professional rental agreements and easy to follow instructions give you the confidence that your interests are protected. Formatted for your convenience using Microsoft Word, it is available for immediate download as an MS Word template. The lenders normally practice this agreement in order to increase chances of security of their potential money provided as a loan.
Such an agreement is drafted by a legal advisor and then signed and notarized by a public notary to take the utmost precautions for the safety of both lender and debtor’s rights and to avoid any sort of cheat or ill will in future by any side. But significant doubts remain about the likelihood of securing an agreement with the European Central Bank. Some of you may be used to writing your friends or family IOUs for say a tenner or similar amounts, but governments and banks deal in much bigger amounts with slightly more complex arrangements.


Usually promissory notes will carry conditions such as agreeing to pay back a specific sum at a fixed date in the future with interest and crucially, distinguishing them from actual IOUs, they contain a specific promise to pay the money.
Under the agreement, the State agreed to pay €3.06 billion every year to the IBRC until 2023 and smaller payments after that to satisfy the principal and the interest. A comparatively smaller amount of around €250 million in promissory notes were issued in respect of Educational Building Society (EBS). This is done electronically in case you were thinking they were burning a huge wad of €100 notes on Dame Street. IBRC uses this money to pay off bondholders (yep those guys) and plug the gaps created by the massive losses it has taken on property loans gone sour. So in the ECB’s eyes if the Central Bank was to keep hold of the money instead of destroying it it would equate to it having printed money, breaking the rules which govern the EU. It says and you’d probably agree that Ireland deserves a break for the considerable amount of taxpayer money that has gone into the banks. In fact what happened was that the government issued a bond to IBRC which was temporarily financed by NAMA (the state’s bad bank) before a longer term loan was agreed with Bank of Ireland.
Well the main point is that theoretically it could be done again but it’s not viewed as a good idea. As we established earlier, the principal of the promissory note is that you agree to repay the amount in full.
The government and its advisors thinks not paying would have an extremely negative impact on businesses and individuals and would ramp up the cost of borrowing for Ireland, which has been steadily declining since recently as evidenced by recent forays into the bond markets. He says he asked the Minister for Finance for clarification on whether IBRC needs the €3.06 billion payment in March in order to meet its obligations. Recent Eurostat analysis shows that Ireland has paid more than any other country towards the economic crisis – when you adjust their analysis for an error…the omission of the NPRF (National Pension Reserve Fund) contribution. We asked the Department of Finance specifically why there was not a Dail vote on the promissory notes and received no response.
Reuters and various other sources since then have said that the ECB ruled this out because it was in violation of the aforementioned Maastricht Treaty. It may yet give us more detail in a Dail debate on the matter taking place this coming week.
Saved so much personal stress for both parties along with considerable time and money savings. This why getting a deal that avoids having to pay €3.06 billion ever year is proving so difficult. Well our dear Taoiseach Enda Kenny probably describes it best when he recently said it would be like switching “from a serious overdraft to a long-term, low-interest mortgage”.
Under the terms of this deal BoI agreed to loan the State the money to pay the note for one year and in June of this year we are expected to repay it to BoI. Ministers for Finance, the European Commission, the IMF and other influential actors have recognised this sacrifice.
Thanks so much for an outstanding service, I have already recommended it and will continue to do so.
But it is highly unlikely that Bank of Ireland will agree to continue to lend us €3 billion for last year’s bond plus another €3 billion for this year’s bond.
Staff very helpful with answering questions when completing forms and even before purchasing the product.



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