Intercompany Contract Template for Switzerland

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Key Requirements PROMPT example:

Intercompany Contract

"I need an Intercompany Contract governed by Swiss law between our Zurich-based holding company and its German manufacturing subsidiary for the provision of management services, including strategic planning and financial oversight, starting from March 1, 2025."

Document background
The Intercompany Contract serves as a foundational document for establishing formal business relationships between affiliated entities within a corporate group under Swiss law. It is essential for multinational organizations operating with Swiss entities or choosing Swiss law as their governing law. This document type is particularly crucial for ensuring compliance with transfer pricing regulations, maintaining proper corporate governance, and documenting commercial arrangements between group companies. It typically covers areas such as service provision, goods supply, intellectual property licensing, or management services, while incorporating necessary provisions to meet Swiss regulatory requirements, tax obligations, and corporate law standards. The agreement should be structured to withstand scrutiny from tax authorities and provide clear evidence of arm's length transactions between related entities.
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 group structure relevance

3. Definitions: Key terms used throughout the agreement, including group-specific terminology

4. Scope of Agreement: Detailed description of the subject matter and purpose of the intercompany arrangement

5. Rights and Obligations: Core responsibilities and rights of each party under the agreement

6. Financial Terms: Pricing structure, payment terms, and transfer pricing methodology

7. Term and Termination: Duration of the agreement and circumstances for termination

8. Confidentiality: Protection of group information and trade secrets

9. Compliance: Obligations regarding laws, regulations, and group policies

10. Governing Law and Jurisdiction: Swiss law application and dispute resolution mechanisms

Optional Sections

1. Intellectual Property Rights: Required when the agreement involves IP licensing or transfer between group companies

2. Data Protection: Necessary when personal data is processed or transferred between entities

3. Personnel: Include when staff are being shared or seconded between group companies

4. Quality Standards: Required for agreements involving manufacture or supply of goods

5. Group Policies: Reference to specific group policies when they form material obligations

6. Tax Provisions: Detailed tax clauses when specific tax treatments or obligations need to be addressed

7. Force Majeure: Optional for longer-term arrangements where risk allocation is important

8. Step-In Rights: Needed when parent company requires right to take over services/obligations

Suggested Schedules

1. Service Specifications: Detailed description of services or goods being provided

2. Pricing Schedule: Detailed pricing methodology, calculations, and transfer pricing documentation

3. Service Levels: Performance metrics and quality standards if applicable

4. Affiliated Companies: List of group companies that may participate in or benefit from the agreement

5. Transfer Pricing Study: Documentation supporting the arm's length nature of the arrangements

6. Compliance Procedures: Detailed procedures for ensuring regulatory compliance

7. Group Insurance Policies: Details of relevant group insurance coverage

8. Contact Details: Key contact persons and escalation matrix for both parties

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

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Financial Services

Technology

Pharmaceuticals

Consumer Goods

Professional Services

Energy

Telecommunications

Healthcare

Industrial Products

Automotive

Chemical

Retail

Media and Entertainment

Relevant Teams

Legal

Finance

Tax

Compliance

Treasury

Corporate Governance

Risk Management

Commercial Operations

Accounting

Internal Audit

Corporate Development

Business Development

Relevant Roles

Chief Financial Officer

General Counsel

Head of Tax

Legal Director

Corporate Controller

Transfer Pricing Manager

Group Financial Controller

Compliance Officer

Commercial Director

Chief Operating Officer

Head of Legal

Treasury Manager

Group Accountant

Corporate Secretary

Risk Manager

Business Unit Director

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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