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Intercompany Recharge Agreement
"I need an Intercompany Recharge Agreement between our Australian parent company and its Singapore subsidiary for shared finance and HR services, ensuring compliance with both jurisdictions' transfer pricing requirements and including specific provisions for currency conversion."
1. Parties: Identification of the service provider and recipient entities
2. Background: Context of the arrangement and relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Services: Description of services to be provided and recharged
5. Calculation of Charges: Methodology for calculating recharge amounts, including cost allocation principles
6. Payment Terms: Billing frequency, payment timing, currency, and payment methods
7. Tax Obligations: GST/VAT treatment, withholding tax requirements, and tax compliance obligations
8. Record Keeping: Requirements for maintaining documentation to support recharge calculations
9. Audit Rights: Rights to audit recharge calculations and supporting documentation
10. Confidentiality: Protection of confidential information exchanged under the agreement
11. Term and Termination: Duration of agreement and circumstances for termination
12. Governing Law: Specification of Australian law and jurisdiction
13. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. International Considerations: Required for cross-border arrangements, covering transfer pricing compliance and international tax implications
2. Intellectual Property: Needed when services involve creation or use of intellectual property
3. Employee Secondment: Required when arrangement involves staff transfers or secondments
4. Regulatory Compliance: Specific compliance obligations for regulated industries
5. Service Levels: Include when specific performance standards need to be maintained
6. Dispute Resolution: Detailed dispute resolution procedures beyond standard jurisdiction clause
7. Insurance: Specific insurance requirements for high-risk services
8. Data Protection: Required when personal data is processed as part of services
1. Schedule 1 - Services Description: Detailed description of services to be provided and recharged
2. Schedule 2 - Charge Calculation Methodology: Detailed cost allocation methodologies and markup calculations
3. Schedule 3 - Key Personnel: List of key personnel involved in service delivery and their roles
4. Schedule 4 - Service Levels: Detailed service level requirements and measurement metrics
5. Schedule 5 - Approved Cost Categories: List of cost categories eligible for recharge
6. Appendix A - Pro-forma Invoice: Template for recharge invoices including required information
7. Appendix B - Transfer Pricing Documentation: Templates and requirements for transfer pricing compliance
8. Appendix C - Regulatory Compliance Checklist: Checklist of regulatory requirements and compliance steps
Authors
Financial Services
Mining
Technology
Manufacturing
Professional Services
Healthcare
Retail
Energy
Telecommunications
Construction
Agriculture
Transport and Logistics
Legal
Finance
Tax
Treasury
Accounting
Compliance
Commercial
Operations
Shared Services
Corporate Governance
Internal Audit
Chief Financial Officer
Financial Controller
Tax Manager
Legal Counsel
Commercial Manager
Treasury Manager
Group Accountant
Transfer Pricing Specialist
Compliance Officer
Finance Director
Company Secretary
Operations Manager
Group Financial Controller
Head of Shared Services
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