Intercompany Services Agreement Template for Denmark

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Key Requirements PROMPT example:

Intercompany Services Agreement

Document background
The Intercompany Services Agreement is essential for formalizing service arrangements between affiliated companies under Danish law. It is typically used when one group company provides administrative, technical, financial, or operational services to another group company. The document must comply with Danish corporate law requirements, transfer pricing regulations, and EU data protection rules. It should include clear service descriptions, performance metrics, and pricing mechanisms that meet arm's length principles. This agreement is particularly important for multinational companies with Danish operations, as it helps demonstrate proper corporate governance and regulatory compliance to Danish authorities. The document typically includes provisions for service delivery, quality standards, payment terms, intellectual property rights, and data protection measures.
Suggested Sections

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

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

3. Definitions: Definitions of key terms used throughout the agreement, including specific service-related terminology

4. Services: Detailed description of services to be provided, service levels, and delivery requirements

5. Service Provider Obligations: Key responsibilities and commitments of the service provider, including quality standards and reporting requirements

6. Service Recipient Obligations: Responsibilities of the service recipient, including cooperation requirements and provision of necessary information

7. Fees and Payment Terms: Service fee structure, calculation methodology, payment terms, and transfer pricing compliance requirements

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

9. Confidentiality: Protection of confidential information exchanged between group companies

10. Data Protection: GDPR compliance measures and data processing requirements

11. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

12. Liability and Indemnification: Allocation of risks and responsibilities between group companies

13. Force Majeure: Provisions for handling events beyond reasonable control

14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including amendments, assignments, and notices

Optional Sections

1. Personnel: Required when services involve dedicated staff or secondment arrangements

2. Quality Control: Needed for services requiring specific quality standards or certifications

3. Audit Rights: Include when regular auditing of service delivery or pricing is required

4. Business Continuity: Important for critical services requiring disaster recovery planning

5. Compliance with Group Policies: Include when specific group-wide policies need to be referenced

6. Exit Management: Required for complex services needing detailed transition arrangements

7. Insurance: Include when specific insurance coverage is required for service delivery

8. Anti-Corruption: Required when services involve high-risk activities or jurisdictions

9. Environmental Compliance: Include for services with environmental impact or requirements

Suggested Schedules

1. Service Description Schedule: Detailed specifications of each service, including scope, deliverables, and exclusions

2. Service Levels and KPIs: Specific performance metrics, measurement methods, and reporting requirements

3. Fee Schedule: Detailed pricing structure, calculation methods, and transfer pricing documentation

4. Contact Details and Escalation Matrix: Key personnel contacts and procedure for issue escalation

5. Data Processing Agreement: GDPR-compliant terms for personal data processing

6. Group Policy Requirements: Relevant group policies and compliance requirements

7. Transition Plan: Steps and timelines for service implementation or transition

8. Business Continuity Plan: Procedures for maintaining service continuity in emergency situations

9. Form of Reports: Templates and formats for required service reports and documentation

Authors

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
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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