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Intercompany Recharge Agreement Template for Germany

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Key Requirements PROMPT example:

Intercompany Recharge Agreement

"I need an Intercompany Recharge Agreement for our German manufacturing subsidiary to charge IT and administrative support services to three other group companies in Europe, with specific provisions for handling shared software licenses and data center costs, to be implemented by March 2025."

Document background
The Intercompany Recharge Agreement is essential for corporate groups operating in Germany who need to formalize their internal cost allocation and service charging arrangements. This document becomes necessary when one group entity provides services or incurs costs that need to be allocated to other group entities. It is particularly important in the German regulatory environment, where strict transfer pricing rules and documentation requirements apply. The agreement helps ensure compliance with German tax laws, particularly the arm's length principle required by the Außensteuergesetz, while providing a clear framework for calculating and documenting intercompany charges. It includes detailed provisions for service scope, cost allocation methodologies, markup calculations, and compliance requirements, making it a crucial tool for managing intercompany relationships and maintaining tax efficiency.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement, including Services, Charges, Group Companies, etc.

4. Scope of Services: Description of services subject to recharge, including nature, extent, and delivery requirements

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

6. Payment Terms: Invoice timing, currency, payment deadlines, and payment methods

7. Tax Provisions: VAT treatment, withholding tax obligations, and other tax-related matters

8. Documentation Requirements: Record-keeping obligations, supporting documentation for charges, and audit trail requirements

9. Compliance: Transfer pricing compliance, regulatory requirements, and internal policies

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

11. Governing Law and Jurisdiction: Application of German law and jurisdiction for dispute resolution

Optional Sections

1. Service Levels: Specific performance standards and metrics, used when service quality measurements are required

2. Intellectual Property: IP rights and licensing provisions, needed when services involve IP transfer or usage

3. Data Protection: GDPR and data privacy provisions, required when personal data is processed

4. Force Majeure: Provisions for extraordinary circumstances, recommended for long-term agreements

5. Staff Provisions: Terms related to personnel involvement, needed when staff costs are recharged

6. Insurance: Insurance requirements and liability coverage, relevant for high-risk services

7. Dispute Resolution: Alternative dispute resolution procedures, useful for complex service arrangements

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of each service category subject to recharge

2. Schedule 2 - Charging Methodology: Detailed cost allocation keys, markup calculations, and examples

3. Schedule 3 - Service Levels: Specific performance metrics and measurement methods

4. Schedule 4 - Contact Details: Key contact persons for operational, financial, and legal matters

5. Appendix A - Cost Centers: List of relevant cost centers and their allocation to services

6. Appendix B - Template Documents: Standard forms for service requests, invoicing, and reporting

7. Appendix C - Transfer Pricing Documentation: Required documentation to support arm's length nature of charges

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

Manufacturing

Financial Services

Technology

Pharmaceutical

Automotive

Consumer Goods

Energy

Telecommunications

Professional Services

Real Estate

Logistics

Chemical Industry

Relevant Teams

Legal

Finance

Tax

Treasury

Controlling

Compliance

Accounting

Internal Audit

Corporate Development

Financial Planning & Analysis

Relevant Roles

Chief Financial Officer

Head of Tax

Transfer Pricing Manager

Group Controller

Legal Counsel

Finance Director

Tax Director

Compliance Officer

Treasury Manager

Financial Controller

Head of Accounting

Group Financial Controller

International Tax Manager

Corporate Lawyer

Finance 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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