Rolling reserve retained beyond the release window.
LT EMI · Bank of Lithuania- Rolling reserve retained beyond release period
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- A 10% rolling reserve accrues monthly under the merchant services agreement.
- The contractual release schedule provides for staged release at 180 and 270 days.
- The first tranche releases on time; subsequent tranches stop without explanation.
- The counterparty cites a generic risk review but does not produce a determination.
- MSA with executed reserve and release schedules.
- Monthly settlement reports showing reserve accrual.
- Written merchant request for release of held tranches.
- Counterparty correspondence on the partial release.
- Written reserve schedule with explicit release dates.
- Written request for release post-dating the contractual release date.
- At least one partial release evidencing the contractual mechanic.
- Reserve schedule oral or not executed.
- No contemporaneous written request for release on file.
- Counterparty has produced a documented risk determination.
Formal demand cites the release schedule and the absence of a documented determination. Supervisory engagement available in the home Member State on conduct grounds.