Intercompany Administrative Services Agreement Template for Germany

The Intercompany Administrative Services Agreement is essential for German corporate groups seeking to formalize and document the provision of administrative services between affiliated entities. This document type is particularly important in the German legal context due to strict transfer pricing regulations, corporate governance requirements, and tax documentation obligations. It is typically used when one group entity provides centralized administrative functions such as HR, IT, accounting, or other support services to other group companies. The agreement ensures compliance with German commercial law, tax regulations, and data protection requirements while establishing clear service standards and financial arrangements. It includes comprehensive provisions for service scope, performance metrics, pricing mechanisms, and governance structures, making it suitable for both domestic and international group structures operating under German law.

1. Parties: Identification of the service provider and service recipient companies, including registration details and authorized representatives

2. Background: Context of the agreement, relationship between the parties as group companies, and purpose of the service arrangement

3. Definitions: Defined terms used throughout the agreement, including specific service categories, group company references, and technical terms

4. Scope of Services: General description of administrative services to be provided, with detailed services specified in schedules

5. Service Standards: Quality standards, performance metrics, and service levels to be maintained

6. Fees and Payment Terms: Pricing methodology, payment terms, invoicing procedures, and transfer pricing compliance requirements

7. Obligations of Service Provider: Key responsibilities, resource commitment, and compliance requirements for the service provider

8. Obligations of Service Recipient: Cooperation requirements, information provision, and access obligations of the service recipient

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

10. Confidentiality: Protection of confidential information and trade secrets within the group

11. Data Protection: GDPR compliance and data processing requirements between group entities

12. Term and Termination: Duration of agreement, renewal provisions, and termination rights

13. Liability and Indemnification: Allocation of risks and liabilities between group companies

14. Governing Law and Jurisdiction: Confirmation of German law application and dispute resolution procedures