In addition, it is desirable to take a more cautious approach with regard to cash concentration agreements, particularly with regard to: the insolvent Austrian limited liability company (debtor) was a subsidiary of a wholesale group based in Australia. The debtor`s direct majority shareholder, a Dutch private company (the parent company), coordinated a fictitious cash pooling organized by a Dutch bank. (2) Unlike a cash concentration agreement (zero or objective compensation), a fictitious pooling does not require a physical transfer of cash to a centralized account. Pool account balances are billed daily only arithmetically to optimize interest rates. The type of cash pool is defined in the cash-pooling agreement with a third-party bank and may include elements of the fictitious and physical cash. Due to the conditions set out in the cash pooling agreement, the distribution of expenses or interest credits between depositors and borrowers must be “on the length of the arms” in the cash pool. In the early years, the debtor generally received money from the cash pool. Following an intra-group transaction carried out in June 2014, the debtor`s account recorded a positive balance of about 2 million euros, which remained essentially at this level, although the group`s financial situation deteriorated markedly. The debtor terminated the cash-pooling contract on April 14, 2015. On the same day, the bank imposed account entry by applying the secured credit obligations to the debtor`s participating account. In the absence of liquidity, the insolvency proceedings against the debtor were opened within 14 days of the seizure.
Below are instructions for reporting the instruments awarded by AnaCredit banks to companies linked to a cash-pooling system. We give examples and an explanation of the AnaCredit report logic. Cash pooling can be used to manage the multinational`s cash position on a consolidated basis and to concentrate the group`s liquidity in one place. A cash pool is usually managed by a group company called the cash pool leader. The reasons for entering into a cash-pooling agreement can be threefold: on the basis of this reasoning, the Supreme Court found that a possible nullity of the cash pool agreement between the parent company and the debtor did not compromise the effectiveness of the debtor`s contractual obligations to the bank. The Tribunal therefore dismissed the complaint. However, regardless of the type of cash pool, only balances on cash pooling accounts managed by the observed agent are subject to the AnaCredit message.