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Intercompany Management Fees Agreement

Intercompany Management Fees Agreement Template for Netherlands

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Key Requirements PROMPT example:

Intercompany Management Fees Agreement

"I need an Intercompany Management Fees Agreement under Dutch law for our parent company in Amsterdam to provide strategic management and IT support services to our subsidiary in Rotterdam, with a cost-plus markup structure of 5% and quarterly payments starting from March 2025."

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Document background
The Intercompany Management Fees Agreement is essential for multinational and domestic corporate groups operating in the Netherlands who need to formalize management service arrangements between group entities. This document is particularly crucial for compliance with Dutch transfer pricing regulations and corporate tax requirements. It should be used when one group entity provides management, administrative, or strategic services to another group entity and requires formal documentation of the arrangement. The agreement covers service scope, performance standards, fee calculation methods, and payment terms, while ensuring compliance with Dutch tax law, specifically the arm's length principle under transfer pricing rules. It's designed to withstand scrutiny from Dutch tax authorities and provide clarity on intercompany service arrangements.
Suggested Sections

1. Parties: Identification of the group companies entering into the agreement - service provider and recipient

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

3. Definitions: Key terms used throughout the agreement, including types of services, group structure, and payment-related definitions

4. Scope of Services: Detailed description of management services to be provided, including specific responsibilities and deliverables

5. Service Provider's Obligations: Commitments and responsibilities of the entity providing the management services

6. Service Recipient's Obligations: Commitments and responsibilities of the entity receiving the management services

7. Fee Structure and Calculation: Methodology for calculating management fees, including cost allocation and markup

8. Payment Terms: Timing, currency, and method of payment, including invoicing procedures

9. Transfer Pricing Compliance: Provisions ensuring compliance with transfer pricing regulations and arm's length principle

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Confidentiality: Protection of confidential information exchanged during service provision

12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Service Level Agreement: Detailed performance metrics and standards - include when specific service levels need to be measured and maintained

2. Intellectual Property Rights: IP ownership and licensing provisions - include when services involve creation or use of intellectual property

3. Force Majeure: Provisions for unforeseen circumstances - include when services are critical to operations

4. Insurance: Insurance requirements - include when services involve significant operational risks

5. Data Protection: GDPR and data protection provisions - include when personal data processing is involved

6. Audit Rights: Rights to audit service provision and fee calculation - include for complex service arrangements

7. Staff and Subcontracting: Provisions regarding personnel and subcontractors - include when services involve dedicated staff or potential subcontractors

Suggested Schedules

1. Schedule 1 - Service Description: Detailed breakdown of management services to be provided

2. Schedule 2 - Fee Calculation Methodology: Detailed methodology for calculating management fees, including cost components and markup

3. Schedule 3 - Key Personnel: List of key personnel involved in service provision and their roles

4. Schedule 4 - Service Levels: Specific performance metrics and measurement criteria

5. Schedule 5 - Transfer Pricing Documentation: Documentation supporting the arm's length nature of the fee arrangement

6. Appendix A - Group Structure Chart: Visual representation of the corporate relationship between parties

7. Appendix B - Reporting Templates: Standard templates for service reporting and invoicing

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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
































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Relevant Industries

Manufacturing

Technology

Financial Services

Professional Services

Retail

Energy

Healthcare

Telecommunications

Construction

Real Estate

Logistics

Consumer Goods

Media & Entertainment

Relevant Teams

Legal

Finance

Tax

Treasury

Compliance

Corporate Governance

Accounting

Shared Services

Group Operations

Corporate Secretariat

Relevant Roles

Chief Financial Officer

Tax Director

Legal Counsel

Corporate Controller

Group Financial Controller

Transfer Pricing Manager

Head of Group Treasury

Finance Manager

Company Secretary

Head of Shared Services

Group Accountant

Compliance Officer

Managing Director

Operations Director

Group Finance Director

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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