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Intercompany Management Fees Agreement
"I need an Intercompany Management Fees Agreement for our Australian parent company to provide HR, IT and financial management services to our three domestic subsidiaries, with quarterly fee calculations based on actual costs plus 5% markup, to commence from January 2025."
1. Parties: Identification of the service provider and recipient companies
2. Background: Context of the agreement, relationship between parties, and purpose of the arrangement
3. Definitions: Key terms used throughout the agreement including Management Services, Fee Calculation Period, Service Level Requirements
4. Services: Detailed description of management services to be provided
5. Fee Structure: Methodology for calculating management fees, including cost allocation basis
6. Payment Terms: Timing, method, and currency of fee payments
7. Service Provider Obligations: Key responsibilities and performance standards of the service provider
8. Service Recipient Obligations: Responsibilities of the recipient including information provision and cooperation
9. Tax Matters: Treatment of GST, withholding tax, and other tax implications
10. Records and Audit Rights: Requirements for maintaining records and rights to audit fee calculations
11. Term and Termination: Duration of agreement and termination provisions
12. Confidentiality: Protection of confidential information exchanged under the agreement
13. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures
1. Intellectual Property: Required when management services involve creation or use of intellectual property
2. Data Protection: Needed when services involve processing of personal or sensitive data
3. Force Majeure: Optional clause for circumstances preventing service delivery
4. Service Level Agreement: Include when specific performance metrics are required
5. Dispute Resolution: Detailed dispute resolution procedures, optional if covered in General Provisions
6. Transfer Pricing Compliance: Detailed section required for international arrangements
7. Insurance: Include when specific insurance requirements are needed
8. Anti-Bribery and Corruption: Required for international arrangements or high-risk services
1. Schedule 1 - Services Description: Detailed listing and description of all management services covered
2. Schedule 2 - Fee Calculation Methodology: Detailed formula and examples of fee calculations
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Key Personnel: List of key personnel responsible for service delivery
5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors if applicable
6. Appendix A - Cost Allocation Methodology: Detailed methodology for allocating costs between entities
7. Appendix B - Transfer Pricing Documentation: Required documentation for transfer pricing compliance
8. Appendix C - Report Templates: Standard templates for service reporting and invoicing
Authors
Applicable Law
Business Day
Commencement Date
Confidential Information
Cost Allocation Methodology
Dispute
Effective Date
Fee Calculation Period
Force Majeure Event
Group
GST
Initial Term
Intellectual Property Rights
Key Personnel
Management Fee
Management Services
Material Breach
Notice
Payment Date
Performance Standards
Related Entity
Renewal Term
Service Level Requirements
Service Provider
Service Recipient
Services
Subcontractor
Tax
Term
Transfer Pricing Requirements
Working Hours
Services Scope
Service Standards
Fees and Payments
Cost Allocation
Transfer Pricing
Tax Compliance
GST
Service Provider Obligations
Service Recipient Obligations
Performance Standards
Record Keeping
Audit Rights
Confidentiality
Data Protection
Intellectual Property
Personnel
Subcontracting
Liability
Force Majeure
Term and Termination
Change Control
Dispute Resolution
Assignment
Notices
Entire Agreement
Severability
Governing Law
Jurisdiction
Variation
Waiver
Relationship of Parties
Financial Services
Professional Services
Manufacturing
Technology
Healthcare
Mining and Resources
Retail
Telecommunications
Real Estate
Energy and Utilities
Construction
Media and Entertainment
Legal
Finance
Tax
Treasury
Compliance
Corporate Services
Shared Services
Company Secretariat
Accounting
Internal Audit
Chief Financial Officer
Financial Controller
Tax Director
Legal Counsel
Corporate Lawyer
Commercial Manager
Group Financial Manager
Transfer Pricing Manager
Company Secretary
Head of Shared Services
Finance Director
Head of Corporate Services
Group Accountant
Compliance Manager
Treasury Manager
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