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Indirect Cost Agreement Template for India

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Key Requirements PROMPT example:

Indirect Cost Agreement

"I need an Indirect Cost Agreement for my manufacturing group in India to establish a shared services arrangement between our parent company and four subsidiaries, with specific focus on IT, HR, and accounting services cost allocation starting January 2025."

Document background
The Indirect Cost Agreement serves as a crucial document for organizations operating in India that need to establish a formal framework for sharing and allocating indirect costs across multiple entities. This agreement becomes essential when companies within a group share common resources, facilities, or services, and need to ensure fair and compliant cost distribution. The document addresses key requirements under Indian law, including compliance with GST regulations, transfer pricing rules, and Companies Act provisions. It is particularly valuable for organizations with shared service centers, multiple subsidiaries, or complex operational structures where indirect costs need to be systematically allocated. The agreement includes detailed methodologies for cost identification, allocation bases, calculation procedures, and documentation requirements, while ensuring alignment with Indian accounting standards and regulatory frameworks.
Suggested Sections

1. Parties: Identification of the participating entities, including their legal status and registered addresses

2. Background: Context of the agreement, existing relationships between parties, and purpose of the cost sharing arrangement

3. Definitions: Detailed definitions of key terms including Indirect Costs, Cost Pools, Allocation Keys, and other relevant terminology

4. Scope of Agreement: Details of the activities and costs covered under the agreement

5. Cost Identification and Pools: Definition and categorization of indirect costs into appropriate cost pools

6. Allocation Methodology: Detailed explanation of the basis and methods for allocating indirect costs

7. Calculation and Payment Terms: Procedures for calculating cost shares, timing of payments, and payment methods

8. Documentation Requirements: Records to be maintained, supporting documentation needed, and audit trails

9. Audit Rights: Rights of parties to audit cost calculations and supporting documentation

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

11. Dispute Resolution: Procedures for resolving disagreements regarding cost allocation

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details

Optional Sections

1. True-up Mechanism: Procedures for adjusting estimated costs against actual costs, used when estimates are used for initial allocations

2. GST Treatment: Specific provisions regarding GST implications, required when services are taxable under GST

3. Intercompany Billing Procedures: Detailed billing procedures, needed for arrangements between group companies

4. Confidentiality: Provisions for protecting sensitive cost information, needed when dealing with external parties

5. Force Majeure: Provisions for handling extraordinary events affecting cost allocation, useful in long-term arrangements

6. Step-in Rights: Rights of parties to take over certain functions, relevant in critical service arrangements

7. Change Control: Procedures for modifying allocation methodologies, needed in complex or long-term arrangements

Suggested Schedules

1. Schedule A - Cost Pools and Categories: Detailed listing and description of all indirect cost pools covered by the agreement

2. Schedule B - Allocation Keys: Specific allocation keys and ratios for each cost pool with calculation methods

3. Schedule C - Service Level Metrics: Performance metrics and standards related to cost allocation efficiency

4. Schedule D - Reporting Templates: Standard formats for regular cost allocation reports and documentation

5. Schedule E - Transfer Pricing Documentation: Required documentation to comply with transfer pricing regulations

6. Appendix 1 - Sample Calculations: Examples of cost allocation calculations for different scenarios

7. Appendix 2 - Contact Details: List of key personnel responsible for cost allocation management

8. Appendix 3 - Compliance Checklist: Checklist ensuring compliance with relevant Indian regulations and standards

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

Information Technology

Financial Services

Pharmaceutical

Automotive

Retail and Consumer Goods

Professional Services

Infrastructure

Telecommunications

Energy and Utilities

Relevant Teams

Finance

Legal

Compliance

Tax

Treasury

Shared Services

Operations

Internal Audit

Accounting

Corporate Finance

Business Planning

Risk Management

Relevant Roles

Chief Financial Officer

Finance Director

Head of Shared Services

Financial Controller

Transfer Pricing Manager

Cost Accounting Manager

Tax Director

Legal Counsel

Compliance Officer

Operations Director

Group Finance Manager

Treasury Manager

Corporate Controller

Finance Planning Manager

Accounting 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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