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Intercompany Settlement Agreement
1. Parties: Identification of the group companies entering into the agreement, including registration numbers and addresses
2. Background: Context of the agreement, description of the group structure, and purpose of the settlement arrangement
3. Definitions: Key terms used throughout the agreement, including technical, financial, and operational terminology
4. Scope of Agreement: Details of transactions and activities covered by the settlement arrangement
5. Settlement Mechanism: Process and methodology for calculating and processing settlements between parties
6. Payment Terms: Timing, currency, and method of settlement payments
7. Transfer Pricing Principles: Methodology and principles for determining arm's length pricing for intercompany transactions
8. Documentation Requirements: Record-keeping obligations and supporting documentation requirements
9. Audit Rights: Rights of parties to audit settlement calculations and supporting documentation
10. Confidentiality: Protection of confidential information exchanged under the agreement
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes
13. General Provisions: Standard legal provisions including amendments, notices, and severability
1. Tax Gross-Up: Provisions for tax gross-up payments where required by local tax laws
2. Interest Provisions: Detailed provisions for interest charges on late payments or outstanding balances
3. Set-Off Rights: Rights to set off amounts owed between parties
4. Force Majeure: Provisions for handling settlement obligations during extraordinary events
5. Data Protection: GDPR compliance provisions if personal data is processed
6. Currency Conversion: Rules for handling multiple currencies and exchange rate mechanisms
7. Dispute Resolution: Alternative dispute resolution procedures before court proceedings
8. Parent Company Guarantee: Guarantee provisions if required for financial security
1. Schedule 1 - Settlement Calculation Methodology: Detailed formulas and procedures for calculating settlement amounts
2. Schedule 2 - Transfer Pricing Documentation: Required documentation to support transfer pricing compliance
3. Schedule 3 - Service Categories: List and description of services or transactions covered by the agreement
4. Schedule 4 - Settlement Timeline: Detailed timeline for settlement processes and deadlines
5. Schedule 5 - Authorized Representatives: List of persons authorized to approve settlements
6. Appendix A - Standard Settlement Forms: Templates for settlement calculations and reports
7. Appendix B - Bank Account Details: Banking information for settlement payments
8. Appendix C - Group Structure Chart: Current corporate structure showing relationships between parties
Authors
Agreement
Applicable Law
Arm's Length Principle
Business Day
Confidential Information
Control
Due Date
Effective Date
Force Majeure Event
Group
Group Company
Interest Rate
Intercompany Balance
Intercompany Transaction
Netting
Parent Company
Party/Parties
Payment Currency
Payment Date
Related Party
Settlement Amount
Settlement Currency
Settlement Date
Settlement Period
Settlement Report
Settlement Statement
Subsidiary
Supporting Documentation
Tax
Transfer Pricing Documentation
Transfer Pricing Rules
Working Capital
Recitals
Definitions
Scope
Settlement Process
Payment Terms
Transfer Pricing
Documentation Requirements
Audit Rights
Netting Arrangements
Tax Compliance
Record Keeping
Confidentiality
Data Protection
Force Majeure
Term and Termination
Amendments
Notices
Assignment
Severability
Entire Agreement
Waiver
Further Assurance
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
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