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For treasurers of multinational corporations, cross-border cash pooling can be a vital tool for managing cash on a daily basis. And it makes a great deal of sense to have some members of a corporate group offer up their excess cash in order to meet the needs of the enterprise, from repayment of corporate debt to support of business units that need an influx of capital, to investment of aggregated cash balances for optimal returns. However, waters in the cash pool can turn murky when the enterprise is in distress.

Because legal structures and documentation differ between physical cash pools and notional cash pools, the effects of financial distress on an organization’s cash flows depends on which of these structures defines the cash pool. The differences between a physical and a notional cash pool are significant.

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