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Intercompany Administrative Services Agreement

Intercompany Administrative Services Agreement Template for Denmark

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Intercompany Administrative Services Agreement

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Document background
The Intercompany Administrative Services Agreement is essential for corporate groups operating in Denmark that need to formalize the provision of administrative services between group entities. This document is typically used when one group entity provides centralized administrative functions such as HR, IT, accounting, or other support services to other group companies. It ensures compliance with Danish transfer pricing requirements, corporate law, and tax regulations while establishing clear service levels and responsibilities. The agreement is particularly important for documenting arm's length arrangements for tax purposes and maintaining proper corporate governance within the group structure. It includes comprehensive details about service scope, performance metrics, pricing mechanisms, and risk allocation, tailored to meet Danish legal requirements and group operational needs.
Suggested Sections

1. Parties: Identification of the group companies entering into the agreement - service provider and service recipient

2. Background: Context of the agreement within the group structure and purpose of the service arrangement

3. Definitions: Key terms used throughout the agreement, including Services, Service Levels, Group Company, etc.

4. Scope of Services: Detailed description of administrative services to be provided

5. Service Provider's Obligations: Key responsibilities and commitments of the service provider

6. Service Recipient's Obligations: Responsibilities of the service recipient, including cooperation and information provision

7. Service Levels: Performance standards and quality metrics for service delivery

8. Fees and Payment Terms: Pricing structure, payment terms, and transfer pricing compliance

9. Intellectual Property Rights: Ownership and usage rights of IP created or used in service provision

10. Confidentiality: Protection of confidential information exchanged between parties

11. Data Protection: GDPR compliance and data processing requirements

12. Term and Termination: Duration of agreement and termination provisions

13. Liability and Indemnification: Allocation of risks and liability limitations between group companies

14. General Provisions: Standard boilerplate clauses including notices, amendments, governing law

Optional Sections

1. Personnel: Specific provisions regarding staff providing services - include when services involve dedicated or shared staff

2. Audit Rights: Rights to audit service provision - include when required by regulatory requirements or group policy

3. Business Continuity: Disaster recovery and business continuity provisions - include for critical services

4. Tax Matters: Specific tax-related provisions - include when services have special tax implications

5. Insurance: Insurance requirements - include when required by group policy or risk management

6. Anti-Corruption: Compliance with anti-corruption laws - include for international service provision

7. Force Majeure: Provisions for unforeseen circumstances - include based on service criticality

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of each service category and specific services

2. Schedule 2 - Service Levels: Detailed service level agreements, KPIs, and measurement methods

3. Schedule 3 - Fees and Charging Method: Detailed fee structure, calculation methods, and transfer pricing documentation

4. Schedule 4 - Key Personnel: List of key personnel involved in service provision and their roles

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and details

6. Schedule 6 - Contact Details: Key contacts for operational, financial, and escalation matters

7. Appendix A - Service Request Form: Template for requesting additional or modified services

8. Appendix B - Performance Report Template: Template for regular service performance reporting

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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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