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Intercompany Recharge Agreement Template for Switzerland

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Key Requirements PROMPT example:

Intercompany Recharge Agreement

"I need an Intercompany Recharge Agreement between our Swiss parent company and its UK subsidiary for IT shared services, with particular focus on data protection compliance and transfer pricing documentation."

Document background
The Intercompany Recharge Agreement is essential for corporate groups operating in Switzerland that need to formalize internal cost and service allocations between related entities. This document is typically used when one group entity provides services or incurs costs that benefit other group members, requiring a formal mechanism for fair and compliant cost allocation. The agreement ensures compliance with Swiss transfer pricing regulations, VAT requirements, and corporate law while providing clear documentation for tax authorities. It is particularly important in the context of Swiss tax and regulatory requirements, which emphasize the need for arm's length pricing and proper documentation of intercompany transactions. The agreement should be updated periodically to reflect changes in service scope, cost structures, or regulatory requirements.
Suggested Sections

1. Parties: Identification of the service provider and recipient companies, including registration details

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

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Scope of Services: Description of services to be provided and recharged between the parties

5. Calculation of Charges: Methodology for calculating recharges, including cost allocation methods and markup

6. Payment Terms: Billing frequency, payment deadlines, currency, and payment methods

7. Transfer Pricing Compliance: Confirmation of arm's length pricing principles and compliance requirements

8. Record Keeping and Audit Rights: Requirements for maintaining records and rights to audit charges

9. Confidentiality: Protection of confidential information exchanged under the agreement

10. Term and Termination: Duration of agreement and circumstances for termination

11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection: Required if personal data is processed as part of the services

2. Intellectual Property Rights: Needed if services involve creation or use of intellectual property

3. Service Levels: Include if specific performance standards need to be maintained

4. Staff and Secondment: Required if services involve staff transfers or secondments

5. Insurance: Include if specific insurance requirements are needed for the services

6. Force Majeure: Optional clause for handling unforeseen circumstances

7. Anti-Corruption and Compliance: Include for high-risk services or jurisdictions

8. Tax Provisions: Detailed tax clauses if complex tax implications exist

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of all services covered by the agreement

2. Schedule 2 - Charging Methodology: Detailed breakdown of cost components and calculation methods

3. Schedule 3 - Service Levels: Specific performance metrics and standards if applicable

4. Schedule 4 - Contact Details: Key contact persons and escalation matrix

5. Appendix A - Cost Allocation Keys: Specific allocation keys used for different types of costs

6. Appendix B - Transfer Pricing Documentation: Supporting documentation for transfer pricing methodology

7. Appendix C - Reporting Templates: Standard templates for service reporting and invoicing

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

Pharmaceutical

Consumer Goods

Energy

Telecommunications

Professional Services

Retail

Healthcare

Automotive

Chemical Industry

Insurance

Relevant Teams

Legal

Finance

Tax

Compliance

Treasury

Accounting

Shared Services

Corporate Development

Risk Management

Operations

Relevant Roles

Chief Financial Officer

Head of Tax

Transfer Pricing Manager

Group Controller

Legal Counsel

Finance Director

Compliance Officer

Head of Shared Services

Tax Director

Financial Controller

Corporate Lawyer

Treasury Manager

Group Accountant

Operations Director

Risk 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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