“Receivership is absolutely the last resort, and it is a decision that is never taken lightly. It is only taken after the process that Mr. McDonagh has explained, in response to Deputy Shortall, namely, an independent business review, going through portfolio management, lending, credit, risk, treasury review in NAMA, going through a credit committee and going through the board. It arises only where at the end of this process we reach the conclusion that the business is not in a position to continue trading and we come to the conclusion that we cannot put good taxpayers’ money after bad when there is no prospect of getting it back, and it would be irresponsible of us to act in any other way. However, I want to assure the committee that we are very sensitive to the consequences and it is an absolute last resort, and in the event, is based on the fact that we have to protect taxpayers’ money” NAMA Chairman, Frank Daly speaking before the Oireachtas Committee of Public Accounts on 18th November, 2010
Despite it being what NAMA calls a “last resort”, the Agency shows no sign of slowing down its enforcement activity as we get stuck into the new year. Credible sources say that NAMA summoned David Agar to its offices in Dublin last Friday 27th January, 2012 and informed him that the Agency was moving against his properties. David was reported to be one of NAMA’s biggest exposures and it is understood that David was one of the many developers co-operating with NAMA despite not having signed a full agreement with the Agency. It is understood that David believed the relationship was progressing well and is now said to be shocked by NAMA’s actions. I wonder will David regard NAMA’s move as “an absolute last resort”
David is probably most associated with Dublin-based Profile Properties which has a range of commercial and residential developments including the 60,000 sq ft Harcourt Building on Harcourt Street in central Dublin, the 110,000 sq ft Westland Park an office park in Clondalkin, west Dublin, the 600,000 sq ft mixed residential/commercial Beacon Court in Sandyford, south west Dublin and the 540,000 sq ft Kilcarbery Park commercial development also in Clondalkin, west Dublin. He is also behind Agar property.
It is not clear at this stage what property NAMA has appointed receivers to. NAMA doesn’t – in general – comment on individual receiverships. Neither Profile Properties nor Agar has commented on NAMA’s move.
Remember you can see a comprehensive list of confirmed Irish foreclosure action by NAMA here and in this regularly updated spreadsheet.
UPDATE: 4th February, 2012. Although the official state journal, Iris Oifigiuil still hasn’t published any details of a receivership relating to David Agar’s assets, it is reported in today’s Irish Independent that NAMA has appointed Aiden Murphy of Horwath Bastow Charleton to assets of three of David’s companies – Dasnoc Limited, Heratt Limited and Sammark Limited. The assets affected are understood to be development sites in Dublin and Wicklow according to the report. And although I’m sure it wasn’t intended in a humorous way, the paper says “The land has not been developed which means realising value from the sites will be “slow and difficult”, according to Mr Murphy” – you could almost add “comma, the €x hundred per hour receiver, rubbing his hands in anticipation”.
UPDATE: 5th February, 2012. The Sunday Independent carries remarks made by David Agar in the aftermath of NAMA’s foreclosure action. There’s little that’s newsworthy save the claim that David doesn’t have performance guarantees and has been working without reward for some time.