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Intercompany Recharge Agreement
"I need an Intercompany Recharge Agreement between our South African parent company and its subsidiary in Cape Town, covering shared IT services and office space allocation, with specific provisions for transfer pricing compliance and quarterly payment terms."
1. Parties: Identification of the participating group companies, including registration details and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the recharge arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Scope of Services: Description of services/costs subject to recharge between the parties
5. Calculation of Charges: Methodology for calculating recharges, including markup policies and cost allocation principles
6. Payment Terms: Timing, currency, and method of payment for recharges
7. Record Keeping and Audit Rights: Requirements for maintaining documentation and rights to audit calculations
8. Tax and VAT: Treatment of taxes, including VAT and withholding tax obligations
9. Duration and Termination: Term of agreement and circumstances for termination
10. Confidentiality: Protection of confidential information shared between parties
11. Dispute Resolution: Process for resolving disputes between parties
12. General Provisions: Standard legal provisions including governing law, amendments, and notices
1. Foreign Exchange Provisions: Required when cross-border transactions are involved, addressing exchange rate calculations and currency risk
2. Intellectual Property: Needed when services involve use or creation of intellectual property
3. Data Protection: Required when personal data is processed as part of the services
4. Service Levels: Optional section defining performance standards for services being recharged
5. Force Majeure: May be included to address circumstances preventing performance
6. Step-In Rights: Optional provisions allowing parent company to step in if subsidiary fails to perform
7. Insurance: Required when specific insurance coverage needs to be maintained for services
1. Schedule 1 - Services Description: Detailed description of services subject to recharge
2. Schedule 2 - Charge Calculation Methodology: Detailed formulas and methods for calculating charges
3. Schedule 3 - Transfer Pricing Policy: Group transfer pricing policy and compliance requirements
4. Schedule 4 - Allocated Costs: List of cost categories and allocation keys
5. Schedule 5 - Contact Details: Key contact persons and escalation matrix
6. Appendix A - Service Level Metrics: Detailed service levels and performance indicators if applicable
7. Appendix B - Required Reports: Templates and specifications for required reporting
Authors
Financial Services
Manufacturing
Mining
Technology
Retail
Professional Services
Healthcare
Energy
Telecommunications
Consumer Goods
Insurance
Banking
Automotive
Pharmaceuticals
Legal
Finance
Tax
Treasury
Compliance
Shared Services
Accounting
Corporate Governance
Commercial
Internal Audit
Chief Financial Officer
Financial Director
Tax Manager
Transfer Pricing Specialist
Legal Counsel
Company Secretary
Finance Manager
Group Financial Controller
Compliance Officer
Treasury Manager
Commercial Director
Head of Shared Services
Financial Accountant
Tax Director
Group Financial Manager
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