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Cash is king and, presumably, will remain king for a long time to come. This is even more relevant since the financial crisis. Banks are now hesitant to provide credit lines to companies, whether national or cross-border. High interest rates are charged on debit amounts, but hardly any interest is paid on credit amounts. More than ever before, companies therefore need to limit both debit and credit amounts.
Pooling cash within a corporate group or among a number of companies enables the best use of the funds available at as little cost as possible, thus strengthening the financial position of the companies involved. One result of the current economic low tide, however, is that there are some specific caveats to observe. Not only are regulatory constraints tightening by the day, but the risk of insolvency is also becoming an increasingly pressing issue.
This new title, published in association with the International Bar Association, draws together leading practitioners from a wide range of countries who together provide detailed analysis on the provisions in their jurisdiction for cash pooling and insolvency.
Each chapter follows the same template for ease of reference and topics featured include specific legal requirements from various perspectives, the liability of company directors, banking requirements, regulatory requirements and tax. This practical handbook is an essential guide for any insolvency professional, in-house counsel or adviser in banking and finance.