Cash pooling for Swiss corporations

What needs to be considered from a professional and legal point of view?

Dates & Place

22.10.2024 in Zurich

Level

Special knowledge

Duration

1 day

Costs

CHF 1.800,- plus VAT.

Speakers
Michael Kappeler

Michael Kappeler

Senior Manager

Schwabe, Ley & Greiner

Stephan Werlen

Stephan Werlen

Partner

CMS von Erlach Partners AG

Content

Group financing by "pooling" surplus liquidity at a central location and balancing this liquidity within the group of companies often offers clear economic advantages. However, the path to efficient cash pooling is long and involves many questions and fundamental decisions on which the success of implementation depends.

From the different types of cash pooling to system support, financing components to transfer pricing and intercompany clearing - in our seminar we discuss with you all design options with their advantages and disadvantages so that cash pooling can be successfully integrated into your corporate structure. In the process, different strategies will be tailored to your business requirements and all implementation details will be carefully considered.

We also go into detail about the legal risks as well as the tax limits and conditions in order to show the potential of cross-border cash pooling from the perspective of Swiss corporations.

 

Main topics

Basics

  • What are the tasks of the cash manager in the company?
  • What are the minimum standards to be taken into account in the organizational structure & process organization?
  • What are the differences in the accounting or treasury perspective? Which business management approaches do you need to understand?
  • What are the requirements vis-à-vis banks?
  • What are the current trends in cash management for large and small companies?

Types and characteristics of cash pools

  • From Zero Balancing and Target Balancing to Cascade Pooling, (Multi-Curreny) Notional Pooling and Margin Pooling.
  • What are the advantages and disadvantages of the different design options?
  • What does a cost-benefit calculation look like?

System support for cash pooling

  • Differentiation between system-controlled and bank-controlled cash pooling
  • Banking systems functionality
  • Mapping in treasury management systems

Bank tender

  • Procedure, content, important points about cash management
  • What does the pricing of banks look like with a cash pool?

Financing components in the cash pool

  • Credit Offset
  • Intraday frame
  • Cash pool and ICC offsetting in the Group
  • Transfer Pricing Variants and Operationalization in Treasury

Civil law principles of financing

  • Intragroup financing, intragroup loans
  • Income Tax Treatment of Equity Financing and External Shareholder Financing
  • "Real" debt financing - civil law and tax principles

Civil law structuring

  • Cash pooling involving corporations and partnerships
  • Legal relations between banks and groups
  • Legal limits (esp. raising and maintaining capital, equity replacement)
  • Contractual basis, contract content and design
  • International cash pool

Liability risks

  • Establishment, monitoring and termination from a management perspective
  • Establishment, monitoring and termination from the perspective of the companies involved
  • Duties and liability risks for the management, bases of liability

Tax aspects

  • General contract structure
  • Role of the banks involved
  • Guarantor concept
  • Special features

Group of participants

Employees and managers who are preparing a cash pool implementation or who want to redesign or critically review an existing cash pool solution. Employees who want to gain a broader overview of the possibilities of liquidity centralization as well as a better appreciation of the legal and tax aspects.

Corporate account managers at banks who want to learn about their customers' day-to-day business from their perspective.

Targets

Participants will gain a comprehensive insight into the many ways of concentrating liquidity through cash pooling. In addition to the advantages and disadvantages, the process of implementing cash pooling in the group will also be explained. Participants will learn about the main legal issues related to cash pooling. In addition to civil law issues, liability issues and tax aspects will also be addressed from a Swiss perspective.

 

Do you have any questions?

Marc Baumgärtner

Marc Baumgärtner

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