In particular, the group`s internal account (light blue) is not an instrument within the meaning of Article 1, paragraph 23, of the AnaCredit Regulation and is therefore not subject to AnaCredit`s reports. In the meantime, individual accounts, each reflecting the contractual relationship between the creditor and the debtor, are instruments submitted to the AnaCredit report. AnaCredit borrows from credit institutions on the basis of a legally binding agreement where the debtor – a corporation or part of a corporation – has an unconditional obligation to repay the repayments arising from the agreement. In addition, according to the direct contractual link, the bank acts as a creditor for cash pooling transactions between the bank and cash pool participants, whether or not they use the funds made available to you. It also means that the various instruments are subject to the declaration of anaCredit, even if no funding is deducted. The general rules governing the reporting of cash pools to AnaCredit Banks may be financed by groups of companies under cash-pooling contracts. Therefore, could you clarify the relationship to AnaCredit in the event of financing companies linked to a cash-pooling system? In particular, could you clarify whether (and how) deposits should be taken into account when calculating the cash pool`s off-balance sheet amount? While the group`s resources are allocated to the funds made available by the Bank (for example. B to determine the applicable interest rate), the reports are not settled by the Bank`s funds against funds from group entities. In other words, since only funds borrowed by the bank fall within the scope, the calculation of lines of credit not used by banks is not influenced by the amount of funds in the cash pool made available by cash pool participants.
However, all funds of entities in the group are guarantees (i.e. cash guarantees) and must be reported to AnaCredit as protection of funds made available to the group by the bank. This corresponds to the requirement that AnaCredit`s protection be notified separately from the instruments. 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: the type of cash pool is defined in the cash-pooling agreement with a third-party bank and may include elements of fictitious and physical cash pooling. 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.