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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."
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
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
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
Manufacturing
Financial Services
Technology
Pharmaceutical
Automotive
Consumer Goods
Energy
Telecommunications
Professional Services
Real Estate
Logistics
Chemical Industry
Legal
Finance
Tax
Treasury
Controlling
Compliance
Accounting
Internal Audit
Corporate Development
Financial Planning & Analysis
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
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