The Intercompany Service Agreement is essential for Malaysian corporate groups implementing shared services or resource optimization strategies between related entities. This document is typically used when one company within a corporate group provides administrative, technical, managerial, or operational services to another related company. The agreement ensures compliance with Malaysian regulatory requirements, particularly regarding transfer pricing regulations under the Income Tax Act 1967 and related party transaction disclosures under the Companies Act 2016. It establishes clear service standards, pricing mechanisms, and operational procedures while protecting both parties' interests and maintaining proper corporate governance within the group structure.
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1. Parties: Identification of the service provider and service recipient companies, including registration numbers and registered addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of the service arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided
5. Service Standards: Quality standards and performance metrics for the services
6. Fees and Payment Terms: Service fees, calculation methodology, payment schedule, and invoicing requirements
7. Duration and Termination: Term of the agreement and circumstances for termination
8. Confidentiality: Protection of confidential information exchanged between parties
9. Intellectual Property: Ownership and usage rights of IP created or used in service delivery
10. Compliance with Laws: Obligations to comply with applicable laws including tax and transfer pricing regulations
11. Dispute Resolution: Process for resolving disputes between parties
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Data Protection: Required when personal data processing is involved in service delivery
2. Employee Secondment: Include when services involve temporary transfer of employees between companies
3. Force Majeure: Optional clause for unforeseeable circumstances preventing service delivery
4. Insurance: Include when specific insurance coverage is required for service delivery
5. Anti-Corruption: Additional compliance provisions for high-risk services or industries
6. Service Level Agreement: Detailed performance metrics when specific service levels need to be maintained
7. Audit Rights: Include when regular auditing of service delivery or pricing is required
1. Schedule 1 - Service Description: Detailed breakdown of services to be provided
2. Schedule 2 - Service Levels: Specific performance metrics and measurement criteria
3. Schedule 3 - Fee Schedule: Detailed pricing structure and calculation methodology
4. Schedule 4 - Key Personnel: List of key personnel responsible for service delivery
5. Appendix A - Transfer Pricing Documentation: Documentation supporting arm's length pricing of services
6. Appendix B - Service Delivery Procedures: Operational procedures and processes for service delivery
7. Appendix C - Compliance Certificates: Required regulatory or compliance certifications
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Shared Services
Professional Services
Healthcare
Real Estate
Energy
Telecommunications
Retail
Logistics
Construction
Relevant Teams
Legal
Finance
Compliance
Tax
Operations
Risk Management
Internal Audit
Corporate Secretarial
Commercial
Shared Services
Relevant Roles
Chief Financial Officer
Legal Counsel
Head of Compliance
Tax Director
Corporate Secretary
Head of Shared Services
Operations Director
Finance Manager
Commercial Director
Risk Manager
Transfer Pricing Specialist
Group Financial Controller
Head of Internal Audit
Company Secretary
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