The Intercompany Agreement Between Parent And Subsidiary is essential for establishing clear operational and legal frameworks between related corporate entities in the United States. This document is typically used when a parent company needs to formalize its relationship with a subsidiary, covering crucial aspects such as service provisions, resource sharing, financial arrangements, and compliance requirements. It helps ensure compliance with U.S. corporate law, tax regulations, and transfer pricing requirements while protecting both entities' interests. The agreement is particularly important for maintaining proper corporate governance, managing risk, and satisfying regulatory requirements.
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1. Parties: Identification of parent and subsidiary companies, including registration details and addresses
2. Background/Recitals: Context of the agreement, relationship between parties, and purpose
3. Definitions: Key terms used throughout the agreement
4. Scope of Services/Relationship: Details of services, support, or resources to be exchanged between parties
5. Financial Terms: Pricing, payment terms, and transfer pricing methodology
6. Term and Termination: Duration of agreement and termination provisions
7. Governance: Management structure and decision-making processes
1. Intellectual Property Rights: IP ownership and licensing terms between parent and subsidiary entities
2. Employee Matters: Terms regarding shared employees, secondments, and cross-entity employment arrangements
3. Data Protection: Data sharing, privacy requirements, and data protection obligations between entities
4. Compliance Requirements: Industry-specific compliance obligations and regulatory requirements
1. Service Level Agreement: Detailed service specifications and performance metrics
2. Transfer Pricing Documentation: Methodology and calculations for intercompany pricing
3. Shared Resources Schedule: List of shared assets, facilities, or resources
4. Corporate Structure Chart: Visual representation of corporate relationship
5. Compliance Procedures: Detailed compliance protocols and requirements
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