The legal regime of cash pooling operations
The legal regime of cash pooling operations

Summary/Abstract: The phenomenon of globalization does not exclusively concern the commercial component of the activity of a/a company, or groups of companies, but also the financial activities that are beginning to expand and diversify more and more, especially through cash pooling operations. Thus, in view of the precarious economic framework manifested on a growing scale, one of the financing solutions for companies in groups that may have difficulties in lending, is the money loan contract, in the context of the concept of cash pooling.Therefore, in the present article we intend to explain the significance of the notion of cash pooling, its implications and particularities, so that in the end we can understand the legal regime, the limits and the purpose of this phenomenon. As such operations have not been promoted, as they are not often used in practice, we emphasize that this financial product is very useful, modern and complex, and one must be avoided due to the lack of expressive regulation, or the lack of knowledge of the implementation mechanism.Moreover, the legal regime applicable to cash pooling operations is that of the money loan agreement concluded between legal persons, regulated according to the provisions of the Civil Code, Law 31/1990 on companies and respecting the norms of Law 656/2002 for the prevention and sanctioning of money laundering.

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