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Intercompany Shared Services Agreement
"I need an Intercompany Shared Services Agreement for our Mumbai-based IT services company to provide technology support, HR, and finance services to three subsidiary companies in India, with transfer pricing compliance and detailed service levels to be effective from March 2025."
1. Parties: Identification of the service provider and recipient companies, including registration details as required under Indian law
2. Background: Context of the agreement, relationship between the parties, and purpose of the shared services arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Scope of Services: Detailed description of the services to be provided, service levels, and delivery parameters
5. Service Provider Obligations: Key responsibilities and obligations of the service provider company
6. Service Recipient Obligations: Key responsibilities and obligations of the service recipient company
7. Charges and Payment Terms: Service fees, payment terms, invoicing process, and transfer pricing compliance
8. Performance Standards: Service levels, quality standards, and performance metrics
9. Governance and Reporting: Management structure, reporting requirements, and review mechanisms
10. Intellectual Property Rights: Ownership and usage rights of IP created or used in service delivery
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with data protection laws and data handling requirements
13. Term and Termination: Duration of agreement, renewal terms, and termination provisions
14. Transition and Exit: Procedures for service transition upon termination
15. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.
1. Regulatory Compliance: Specific section for regulated industries detailing compliance requirements
2. Personnel: Section dealing with shared personnel arrangements if applicable
3. Insurance: Specific insurance requirements beyond standard coverage
4. Business Continuity: Detailed business continuity and disaster recovery provisions if critical services are involved
5. Anti-Corruption and Ethics: Additional compliance provisions for groups with international operations
6. Force Majeure: Detailed force majeure provisions if required beyond standard clause
7. Parent Company Guarantee: Required when parent company guarantee is provided for service obligations
1. Schedule 1 - Services Description: Detailed description of each service category and specific services
2. Schedule 2 - Service Levels: Detailed service levels, KPIs, and measurement criteria
3. Schedule 3 - Charges: Detailed fee structure, calculation methodology, and transfer pricing documentation
4. Schedule 4 - Governance: Detailed governance structure, escalation matrix, and reporting templates
5. Schedule 5 - Key Personnel: List of key personnel and their roles if applicable
6. Schedule 6 - Technical Requirements: Technical specifications and requirements for service delivery
7. Schedule 7 - Form of Reports: Templates for required service reports and documentation
8. Appendix A - Contact Details: Contact information for key personnel and authorized representatives
9. Appendix B - Approved Subcontractors: List of approved subcontractors if applicable
Authors
Technology
Manufacturing
Financial Services
Healthcare
Retail
Professional Services
Telecommunications
Energy
Consumer Goods
Infrastructure
Automotive
Pharmaceuticals
Legal
Finance
Tax
Compliance
Operations
Shared Services
Risk Management
Corporate Secretarial
Internal Audit
Procurement
Information Technology
Human Resources
Chief Financial Officer
Head of Legal
General Counsel
Head of Shared Services
Chief Operating Officer
Finance Director
Compliance Officer
Corporate Secretary
Head of Tax
Transfer Pricing Manager
Operations Director
Service Delivery Manager
Contract Manager
Risk Manager
Chief Executive Officer
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