Intercompany Services Agreement

Intercompany Services Agreement Template for Nigeria

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Key Requirements PROMPT example:

"I need an Intercompany Services Agreement for my Nigerian technology company to provide IT support and software development services to our new subsidiary in Lagos, with service commencement planned for March 2025."

Document background

The Intercompany Services Agreement is essential for Nigerian businesses operating within corporate groups to formalize and regulate internal service arrangements. This document is particularly relevant when one company within a group provides administrative, technical, management, or operational services to related entities. It ensures compliance with Nigerian transfer pricing regulations, tax laws, and corporate governance requirements while establishing clear service delivery frameworks. The agreement is crucial for demonstrating arm's length transactions to tax authorities and maintaining proper corporate documentation. It includes detailed provisions for service scope, performance standards, payment terms, and compliance requirements, making it suitable for both domestic and international group structures operating in Nigeria.

Suggested Sections

1. Parties: Identification of the service provider and service recipient companies, including registration details and addresses

2. Background: Context of the agreement, relationship between the parties, and purpose of the service arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Scope of Services: Detailed description of services to be provided, including service levels and standards

5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights

6. Charges and Payment Terms: Service fees, payment schedule, currency, invoicing requirements, and transfer pricing compliance

7. Service Provider Obligations: Key responsibilities and commitments of the service provider

8. Service Recipient Obligations: Key responsibilities and commitments of the service recipient

9. Performance Standards: Quality metrics, KPIs, and service level requirements

10. Intellectual Property Rights: Ownership and usage rights of IP created or used in service delivery

11. Confidentiality: Protection of confidential information exchanged between parties

12. Data Protection: Compliance with NDPR and data protection requirements

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. Force Majeure: Provisions for handling events beyond parties' control

15. Governing Law and Jurisdiction: Application of Nigerian law and dispute resolution mechanisms

Optional Sections

1. Personnel and Secondment: Include when services involve staff transfers or secondments between companies

2. Tax and VAT: Detailed tax provisions when complex tax implications exist

3. Audit Rights: Include for services requiring regular compliance or financial audits

4. Insurance: Include when services involve significant operational risks

5. Business Continuity: Include for critical services requiring disaster recovery planning

6. Anti-Bribery and Corruption: Include for high-risk services or when dealing with government entities

7. Change Control: Include when services may require frequent modifications

8. Step-In Rights: Include for critical services where service recipient may need to take over

9. Local Content Requirements: Include when services must comply with Nigerian local content laws

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services, deliverables, and technical requirements

2. Schedule 2 - Service Levels: Detailed service level agreements, KPIs, and measurement criteria

3. Schedule 3 - Charges: Detailed fee structure, calculation methods, and payment terms

4. Schedule 4 - Key Personnel: List of key staff involved in service delivery and their roles

5. Schedule 5 - Transfer Pricing Methodology: Documentation of pricing approach and compliance with transfer pricing regulations

6. Schedule 6 - Data Processing Requirements: Specific data handling and protection requirements

7. Appendix A - Service Request Form: Template for requesting additional or modified services

8. Appendix B - Report Templates: Standard formats for service delivery reporting

9. Appendix C - Escalation Matrix: Contact details and procedures for issue resolution

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Oil and Gas

Manufacturing

Technology

Telecommunications

Professional Services

Healthcare

Real Estate

Consumer Goods

Energy

Mining

Agriculture

Construction

Retail

Logistics

Relevant Teams

Legal

Finance

Tax

Compliance

Treasury

Corporate Secretariat

Risk Management

Operations

Internal Audit

Accounting

Corporate Strategy

Procurement

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Head of Tax

Commercial Director

Group Financial Controller

Legal Counsel

Compliance Officer

Transfer Pricing Manager

Corporate Secretary

Finance Manager

Operations Director

Group Treasury Manager

Risk Manager

Company Secretary

Head of Compliance

Financial Planning Manager

Group Accountant

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