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Cash Pooling in Switzerland – impact on financings and M&A transactions

The authors provide a brief overview regarding a recent ruling of the Swiss Federal Court which held that intragroup loans which do not meet a third party test, i.e. are not at arm’s-length transactions, lead to unfavorable consequences under Swiss corporate law, and even brought up the question whether cash pooling transactions may ever meet such a third party test. The article outlines the impact for financings and M&A transactions in Switzerland of said ruling for multinational groups and indicates possible solutions for the future.

by Dr. Andreas Moll