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Master Intercompany Services Agreement Template for Australia

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Key Requirements PROMPT example:

Master Intercompany Services Agreement

"I need a Master Intercompany Services Agreement for a mining group in Australia to establish a shared services arrangement where our Perth headquarters will provide IT, HR, and accounting services to five operating subsidiaries, with transfer pricing compliance being a key concern."

Document background
This Master Intercompany Services Agreement is designed for use within corporate groups operating in Australia where formal arrangements for the provision of services between related entities are required. It establishes a comprehensive framework that ensures compliance with Australian corporate, tax, and regulatory requirements while providing operational flexibility. The agreement is particularly valuable for groups implementing shared services models, centralizing functions, or requiring documented transfer pricing arrangements. It includes provisions for service standards, governance, pricing mechanisms, and risk allocation, with the flexibility to add specific services through schedules. The document addresses key Australian regulatory considerations including Corporations Act requirements, transfer pricing regulations, and privacy laws, making it suitable for both domestic and international corporate groups with Australian operations.
Suggested Sections

1. Parties: Identification of the related entities entering into the agreement

2. Background: Context of the agreement, relationship between parties, and purpose of the arrangement

3. Definitions and Interpretation: Key terms, interpretation rules, and hierarchy of documents

4. Structure and Scope: Framework for service arrangements, including process for adding new services

5. Service Provisions: General terms governing all services, including service standards and KPIs

6. Charges and Payment: Pricing principles, payment terms, and transfer pricing compliance

7. Governance: Management structure, reporting requirements, and decision-making processes

8. Intellectual Property: Ownership and licensing of IP between related entities

9. Confidentiality and Privacy: Protection of group information and compliance with privacy laws

10. Liability and Indemnities: Risk allocation between group entities

11. Term and Termination: Duration, renewal, and termination provisions

12. General Provisions: Standard boilerplate clauses adapted for intercompany context

Optional Sections

1. Personnel and Resources: Specific provisions for shared staff or resources - include when services involve personnel transfers or sharing

2. Tax Matters: Detailed tax provisions - include for cross-border arrangements or complex tax structures

3. Regulatory Compliance: Industry-specific compliance obligations - include when services are in regulated industries

4. Business Continuity: Disaster recovery and business continuity requirements - include for critical services

5. Data Protection: Enhanced data protection provisions - include when services involve significant data processing

6. Change Control: Formal change management procedures - include for complex or technical services

7. Audit Rights: Enhanced audit provisions - include when required by regulatory requirements or group policy

Suggested Schedules

1. Schedule 1 - Service Descriptions: Template and initial list of services covered by the agreement

2. Schedule 2 - Charges and Pricing Methodology: Detailed pricing structure and transfer pricing compliance methodology

3. Schedule 3 - Service Levels: Detailed service standards, KPIs, and measurement criteria

4. Schedule 4 - Governance Procedures: Detailed procedures for contract management and oversight

5. Schedule 5 - Form of Service Order: Template for adding new services under the agreement

6. Schedule 6 - Contact Details and Representatives: Key personnel and communication protocols

7. Appendix A - Group Companies: List of eligible group entities that may participate in service arrangements

8. Appendix B - Compliance Requirements: Regulatory and group policy compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

















































Clauses














































Relevant Industries

Financial Services

Manufacturing

Technology

Professional Services

Healthcare

Retail

Energy

Mining

Telecommunications

Real Estate

Construction

Transportation and Logistics

Relevant Teams

Legal

Finance

Tax

Compliance

Corporate Services

Operations

Procurement

Company Secretariat

Risk Management

Internal Audit

Treasury

Shared Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Head of Legal

Commercial Director

Group Finance Director

Tax Director

Head of Compliance

Chief Operating Officer

Shared Services Director

Corporate Services Manager

Group Company Secretary

Head of Procurement

Finance Manager

Legal Counsel

Contract Manager

Group Operations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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