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Intercompany Recharge Agreement Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Intercompany Recharge Agreement is essential for Malaysian companies operating within a group structure where services, costs, or resources are shared between related entities. This document is particularly important in the Malaysian context due to strict transfer pricing regulations and corporate governance requirements. It provides a formal framework for documenting and implementing cost allocations, service charges, and shared resource arrangements between group companies. The agreement ensures compliance with Malaysian tax laws, particularly the Income Tax Act 1967 and Transfer Pricing Guidelines, while establishing clear operational procedures for intercompany transactions. Companies typically implement this agreement when setting up shared service arrangements, allocating group costs, or establishing service provision between related entities.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Financial Services

Technology

Professional Services

Healthcare

Retail

Energy

Telecommunications

Consumer Goods

Real Estate

Logistics

Industrial Services

Relevant Teams

Legal

Finance

Tax

Compliance

Treasury

Accounting

Shared Services

Corporate Governance

Risk Management

Internal Audit

Operations

Commercial

Relevant Roles

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

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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