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Intercompany Recharge Agreement

Intercompany Recharge Agreement Template for Netherlands

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Key Requirements PROMPT example:

Intercompany Recharge Agreement

"I need an Intercompany Recharge Agreement under Dutch law for our newly established shared service center in Amsterdam to provide IT and administrative services to our European subsidiaries, with implementation planned for March 2025."

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Document background
The Intercompany Recharge Agreement is essential for corporate groups operating in the Netherlands who need to allocate and charge costs between related entities. This document becomes necessary when group companies share services, facilities, or resources and need to implement a formal structure for cost allocation. It addresses key requirements under Dutch law, including transfer pricing regulations, VAT considerations, and corporate tax compliance. The agreement typically includes detailed cost calculation methodologies, payment procedures, and documentation requirements to satisfy both operational needs and regulatory oversight. It's particularly important for multinational groups with Dutch entities and those operating shared service centers or centralized cost structures.
Suggested Sections

1. Parties: Identification of the group companies entering into the agreement, including registration details and addresses

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, including types of costs, service categories, and accounting periods

4. Scope of Services: Description of services and activities covered by the recharge arrangement

5. Calculation Method: Methodology for calculating recharge amounts, including cost allocation keys and mark-ups

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

7. Invoicing and Payment: Terms and procedures for invoicing, payment timing, currency, and payment methods

8. VAT and Tax: Treatment of VAT and other applicable taxes, including responsibilities for payment and reporting

9. Record Keeping: Requirements for maintaining proper documentation and records of recharge calculations

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

11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

Optional Sections

1. Service Levels: Include when specific performance standards need to be maintained for the recharged services

2. Audit Rights: Include when parties want specific rights to audit the calculation and allocation of costs

3. Intellectual Property: Include when the recharged services involve the use or creation of intellectual property

4. Data Protection: Include when personal data processing is involved in the services being recharged

5. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances

6. Staff and Secondment: Include when the recharge involves personnel costs or secondment arrangements

7. Insurance: Include when specific insurance requirements need to be maintained for the services

8. Confidentiality: Include when sensitive information will be shared as part of the recharge arrangement

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services subject to recharge

2. Schedule 2 - Cost Allocation Methodology: Detailed explanation of cost allocation keys and calculation methods

3. Schedule 3 - Pricing Schedule: Specific rates, mark-ups, and pricing details for different service categories

4. Schedule 4 - Service Levels: Detailed service level requirements and performance metrics

5. Schedule 5 - Contact Details: List of key contacts for operational and administrative matters

6. Appendix A - Transfer Pricing Documentation: Required documentation to support arm's length nature of arrangements

7. Appendix B - Form of Invoice: Template for invoices including required information for VAT and tax purposes

8. Appendix C - Reporting Templates: Standard templates for periodic reporting of recharge calculations

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

Consumer Goods

Industrial Services

Real Estate

Transportation and Logistics

Relevant Teams

Finance

Legal

Tax

Treasury

Accounting

Compliance

Corporate Development

Shared Services

Internal Audit

Financial Planning & Analysis

Group Reporting

Relevant Roles

Chief Financial Officer

Head of Tax

Financial Controller

Group Finance Director

Transfer Pricing Manager

Tax Director

Legal Counsel

Finance Manager

Group Accountant

Shared Services Director

Treasury Manager

Compliance Officer

Group Controller

Corporate Finance Manager

Head of Legal

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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