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Intercompany Recharge Agreement
"I need an Intercompany Recharge Agreement for our UAE mainland company to provide IT and HR shared services to our three DIFC subsidiaries, with implementation planned for March 2025; the agreement should include specific provisions for employee secondment and technology licensing."
1. Parties: Identification of the service provider and recipient companies, including their registration details and addresses
2. Background: Context of the agreement, relationship between the parties, and general purpose of the recharge arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including specific service categories, cost types, and calculation methods
4. Scope of Services: Detailed description of services subject to recharge between the companies
5. Cost Allocation Methodology: Principles and methods for calculating recharge amounts, including direct and indirect cost allocation
6. Pricing and Payment Terms: Details of how charges will be calculated, invoicing frequency, payment currency, and payment terms
7. VAT and Tax Compliance: Provisions regarding VAT treatment, tax documentation requirements, and compliance with UAE tax laws
8. Record Keeping and Documentation: Requirements for maintaining supporting documentation, time records, and cost calculations
9. Audit Rights: Rights of parties to audit recharge calculations and supporting documentation
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for dispute resolution
12. General Provisions: Standard boilerplate clauses including amendments, notices, and entire agreement provisions
1. Service Levels: Include when specific performance standards need to be maintained for the recharged services
2. Intellectual Property Rights: Include when services involve creation or use of intellectual property
3. Employee Secondment: Include when arrangement involves staff secondment between companies
4. Regulatory Compliance: Include when services are in regulated industries requiring specific compliance measures
5. Foreign Exchange Provisions: Include for cross-border arrangements involving multiple currencies
6. Group Policy Compliance: Include when specific group-wide policies need to be referenced and complied with
7. Dispute Resolution: Include detailed dispute resolution procedures when parties want specific resolution mechanisms
1. Schedule 1 - Services Description: Detailed description of each service category subject to recharge
2. Schedule 2 - Calculation Methodology: Detailed formulas and methods for calculating recharge amounts
3. Schedule 3 - Rate Card: Standard rates for different types of services or personnel
4. Schedule 4 - Allocation Keys: Specific allocation keys and percentages for cost distribution
5. Schedule 5 - Required Documentation: List of documents required to support recharge calculations
6. Appendix A - Service Level Metrics: Specific performance metrics and standards if applicable
7. Appendix B - Template Reports: Standard templates for regular reporting and invoicing
8. Appendix C - Group Policies: Relevant group policies affecting the recharge arrangement
Authors
Financial Services
Manufacturing
Technology
Professional Services
Oil & Gas
Real Estate & Construction
Retail & Consumer Goods
Healthcare
Logistics & Transportation
Telecommunications
Hospitality & Tourism
Energy & Utilities
Finance
Legal
Tax
Compliance
Treasury
Shared Services
Operations
Commercial
Accounting
Financial Planning & Analysis
Company Secretarial
Internal Audit
Chief Financial Officer
Finance Director
Tax Manager
Legal Counsel
Compliance Officer
Group Financial Controller
Treasury Manager
Shared Services Manager
Commercial Director
Operations Director
Transfer Pricing Specialist
VAT Manager
Group Accountant
Financial Planning Manager
Corporate Secretary
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