Inter Company Services Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Inter Company Services Agreement

"I need an Inter Company Services Agreement for my Hong Kong parent company to provide IT support, accounting, and HR services to its wholly-owned manufacturing subsidiary, with the agreement to start from March 1, 2025."

Document background
The Inter Company Services Agreement is essential for Hong Kong-based corporate groups seeking to formalize service arrangements between their related entities. This document is particularly relevant in the context of Hong Kong's sophisticated business environment, where complex corporate structures and intra-group service arrangements are common. It addresses key regulatory requirements including transfer pricing compliance, corporate governance standards, and tax implications under Hong Kong law. The agreement is typically used when one group company provides management, administrative, technical, or operational services to another group company, requiring clear documentation of service scope, standards, and commercial terms. It includes specific provisions to ensure compliance with Hong Kong Companies Ordinance requirements, Inland Revenue Department guidelines, and other relevant regulations while maintaining the flexibility needed for related party arrangements.
Suggested Sections

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

2. Background: Context of the agreement, relationship between the parties, and purpose of the arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided

5. Service Standards: Quality standards, KPIs, and performance metrics

6. Fees and Payment Terms: Service fees, payment schedule, invoicing, and transfer pricing compliance

7. Term and Termination: Duration of agreement and termination provisions

8. Obligations of Service Provider: Key responsibilities and commitments of the providing entity

9. Obligations of Service Recipient: Key responsibilities and commitments of the receiving entity

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

11. Confidentiality: Protection of confidential information between related entities

12. Data Protection: Compliance with privacy laws and data handling requirements

13. Liability and Indemnification: Risk allocation between the parties

14. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures

Optional Sections

1. Staff and Resources: Include when services involve deployment of personnel between companies

2. Service Levels: Include when specific performance metrics and service levels need to be measured

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

4. Business Continuity: Include when services are critical to operations

5. Change Control: Include when service scope may need frequent modifications

6. Tax Matters: Include detailed tax provisions when significant tax implications exist

7. Anti-Corruption Compliance: Include when services involve high-risk activities or jurisdictions

8. Force Majeure: Include when service interruption risks need specific treatment

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of services to be provided

2. Schedule 2 - Service Levels and KPIs: Specific performance metrics and measurement criteria

3. Schedule 3 - Fee Schedule: Detailed pricing structure and calculation methodology

4. Schedule 4 - Key Personnel: List of key staff involved in service delivery

5. Schedule 5 - Technical Requirements: Technical specifications and requirements for service delivery

6. Appendix A - Service Request Form: Template for requesting additional or modified services

7. Appendix B - Reports: Templates and requirements for service reporting

8. Appendix C - Transfer Pricing Documentation: Documentation supporting arm's length pricing

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

Financial Services

Technology

Manufacturing

Professional Services

Retail

Healthcare

Real Estate

Logistics

Energy

Telecommunications

Consumer Goods

Insurance

Banking

Construction

Media and Entertainment

Relevant Teams

Legal

Finance

Compliance

Tax

Corporate Services

Operations

Commercial

Risk Management

Company Secretarial

Business Development

Management

Internal Audit

Relevant Roles

Chief Financial Officer

Legal Counsel

Head of Compliance

Tax Director

Company Secretary

Operations Director

Commercial Director

Finance Manager

Group Financial Controller

Head of Legal

Risk Manager

Transfer Pricing Manager

Corporate Services Manager

Business Development Director

Group CEO

Managing 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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