Intercompany Management Fees Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Intercompany Management Fees Agreement

"I need an Intercompany Management Fees Agreement for our UAE-based holding company providing strategic management and financial planning services to its five local subsidiaries, with a cost-plus-5% fee structure and quarterly payments starting from March 2025."

Document background

The Intercompany Management Fees Agreement is essential for UAE corporate groups structuring internal service arrangements between related entities. It is particularly relevant when a parent company, regional headquarters, or group service center provides management, administrative, or technical services to other group entities. The agreement ensures compliance with UAE transfer pricing principles, VAT regulations, and Economic Substance Requirements while documenting the commercial rationale for the arrangement. This document is crucial for demonstrating to UAE authorities that management fees are charged on an arm's length basis and represent genuine service provision rather than artificial profit shifting. The agreement typically includes detailed service descriptions, performance metrics, and fee calculation methodologies that align with UAE regulatory requirements and international best practices.

Suggested Sections

1. Parties: Details of the service provider and recipient companies, including registration numbers and registered addresses

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

3. Definitions: Defined terms used throughout the agreement, including specific management services, group company definitions, and technical terms

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

5. Service Provider's Obligations: Key responsibilities and commitments of the service provider, including service levels and quality standards

6. Service Recipient's Obligations: Responsibilities of the recipient company, including cooperation requirements and information provision

7. Fees and Payment Terms: Management fee calculation methodology, payment schedule, currency, and payment mechanisms

8. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision

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

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

11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for dispute resolution

12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Tax and VAT: Detailed section on tax treatment and VAT obligations - include when services are subject to VAT or when cross-border tax implications exist

2. Personnel: Section dealing with secondment or deployment of personnel - include when services involve staff transfers or secondments

3. Performance Metrics: Specific KPIs and service levels - include when services need quantitative measurement

4. Audit Rights: Rights to audit service provision and fee calculation - include for complex service arrangements or regulatory requirements

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

6. Insurance: Insurance requirements and liability coverage - include when services involve significant operational risks

7. Data Protection: Data handling and protection requirements - include when services involve personal or sensitive data processing

Suggested Schedules

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

2. Schedule 2 - Fee Calculation: Detailed methodology for calculating management fees, including cost allocation methods

3. Schedule 3 - Service Levels: Specific service levels, KPIs, and performance measurement criteria

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

5. Appendix A - Required Reports: Templates and specifications for required reporting

6. Appendix B - Group Transfer Pricing Policy: Reference to or extract of relevant group transfer pricing policies

7. Appendix C - Compliance Requirements: Specific UAE regulatory requirements and compliance procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Professional Services

Manufacturing

Real Estate and Construction

Technology

Retail and Consumer Goods

Energy and Resources

Healthcare

Hospitality and Tourism

Telecommunications

Transportation and Logistics

Relevant Teams

Legal

Finance

Tax

Treasury

Compliance

Corporate Governance

Commercial

Risk Management

Internal Audit

Shared Services

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Tax Manager

Group Financial Controller

Compliance Officer

Treasury Manager

Commercial Director

Chief Operating Officer

Group CEO

Financial Planning Manager

Corporate Secretary

Transfer Pricing Specialist

Head of Shared Services

Risk Management Officer

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Authors

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