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Intercompany Recharge Agreement
"Need an Intercompany Recharge Agreement for our Malaysian parent company to provide shared IT infrastructure and support services to three local subsidiaries, with implementation starting from March 2025 and including specific provisions for data protection compliance."
1. Parties: Identification of the group entities entering into the agreement - service provider and service recipient
2. Background: Context of the agreement, relationship between the parties, and purpose of the recharge arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services/Costs: Detailed description of services provided or costs to be recharged between the parties
5. Calculation Methodology: Methods for calculating recharge amounts, including allocation keys and cost drivers
6. Payment Terms: Terms and conditions for payment, including currency, timing, and payment methods
7. Records and Documentation: Requirements for maintaining proper records to support the recharge calculations
8. Transfer Pricing Compliance: Provisions ensuring compliance with transfer pricing regulations and arm's length principles
9. Confidentiality: Obligations regarding confidential information shared between the parties
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Service Levels: Include when specific performance standards need to be maintained for the services provided
2. Staff Secondment: Include when the recharge involves personnel transfers or shared staff arrangements
3. Intellectual Property: Include when services involve creation or use of intellectual property
4. Tax Gross-Up: Include when tax adjustments may be needed for cross-border transactions
5. Force Majeure: Include when protection against unforeseen events is required
6. Audit Rights: Include when specific audit provisions beyond standard records requirements are needed
7. Data Protection: Include when personal data processing is involved in the services
8. Foreign Exchange Provisions: Include for cross-border transactions with currency fluctuation concerns
1. Schedule 1 - Service Description: Detailed description of each service or cost category being recharged
2. Schedule 2 - Calculation Methodology: Detailed formulas, allocation keys, and examples of calculations
3. Schedule 3 - Pricing Schedule: Specific rates, margins, or cost allocations for different service categories
4. Schedule 4 - Service Levels: Detailed service level requirements and performance metrics if applicable
5. Schedule 5 - Contact Details: Key contact persons and their details for both parties
6. Appendix A - Supporting Documentation Requirements: List of required documentation to support recharge calculations
7. Appendix B - Reporting Templates: Standard templates for periodic reporting and invoicing
8. Appendix C - Transfer Pricing Documentation: Required documentation to demonstrate arm's length pricing
Authors
Manufacturing
Financial Services
Technology
Professional Services
Healthcare
Retail
Energy
Telecommunications
Consumer Goods
Real Estate
Logistics
Industrial Services
Legal
Finance
Tax
Compliance
Treasury
Accounting
Shared Services
Corporate Governance
Risk Management
Internal Audit
Operations
Commercial
Chief Financial Officer
Finance Director
Tax Director
Legal Counsel
Head of Compliance
Financial Controller
Transfer Pricing Manager
Group Accountant
Treasury Manager
Commercial Director
Head of Shared Services
Business Unit Director
Operations Manager
Company Secretary
Risk Manager
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