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Intercompany Recharge Agreement
"I need an Intercompany Recharge Agreement for our Hong Kong subsidiary to provide IT and administrative support services to our group companies in Asia Pacific, with special attention to transfer pricing compliance and data protection requirements."
1. Parties: Identification of the service provider and recipient companies, including registration details
2. Background: Context of the agreement, relationship between parties, and purpose of the recharge arrangement
3. Definitions and Interpretation: Key terms used in the agreement, including specific service categories and calculation methods
4. Scope of Services: Detailed description of services/costs subject to recharge
5. Calculation of Charges: Methodology for calculating recharge amounts, including markup if applicable
6. Payment Terms: Timing, currency, and method of payment, including invoicing requirements
7. Tax Matters: Treatment of VAT/GST, withholding tax, and other tax considerations
8. Record Keeping: Requirements for maintaining documentation to support transfer pricing compliance
9. Audit Rights: Rights to audit calculations and supporting documentation
10. Confidentiality: Protection of confidential information shared between parties
11. Term and Termination: Duration of agreement and circumstances for termination
12. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
13. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Employee Provisions: Required when recharge involves seconded employees or allocation of employee costs
2. Intellectual Property: Needed when IP is used in providing services or generated during service provision
3. Data Protection: Required when personal data is processed or transferred between parties
4. Regulatory Compliance: Necessary for regulated entities or specific industry requirements
5. Service Levels: Optional section defining quality standards and performance metrics
6. Force Majeure: May be included to address unforeseen circumstances affecting service provision
7. Insurance: Required when specific insurance coverage needs to be maintained
8. Subcontracting: Needed if services may be subcontracted to other group entities
1. Schedule 1 - Services Description: Detailed list and description of services/costs subject to recharge
2. Schedule 2 - Calculation Methodology: Detailed explanation of cost allocation and markup calculations
3. Schedule 3 - Transfer Pricing Documentation: Requirements for maintaining transfer pricing compliance
4. Schedule 4 - Service Levels: Specific performance metrics and quality standards if applicable
5. Schedule 5 - Contact Details: Key contacts for operational and administrative matters
6. Appendix A - Cost Categories: Breakdown of cost categories and allocation keys
7. Appendix B - Sample Invoice Format: Template for invoicing including required information
8. Appendix C - Regulatory Requirements: Specific regulatory obligations affecting the recharge arrangement
Authors
Agreement
Allocated Costs
Arm's Length Principle
Business Day
Calculation Period
Charge Rate
Commencement Date
Confidential Information
Cost Base
Direct Costs
Effective Date
Force Majeure Event
Group
Indirect Costs
Intellectual Property Rights
Invoice
Key Performance Indicators
Mark-up
Operating Expenses
Payment Date
Payment Terms
Personnel
Provider
Recipient
Recharge Amount
Recharge Period
Related Party
Relevant Tax Authority
Service Fees
Services
Shared Costs
Support Documentation
Term
Transfer Pricing Documentation
Transfer Pricing Requirements
Working Hours
Scope of Services
Service Levels
Cost Allocation
Transfer Pricing
Payment Terms
Invoicing
Tax Compliance
Record Keeping
Audit Rights
Confidentiality
Data Protection
Intellectual Property
Personnel
Warranties
Indemnification
Force Majeure
Term and Termination
Change Control
Dispute Resolution
Notices
Assignment
Severability
Entire Agreement
Amendment
Governing Law
Third Party Rights
Counterparts
Financial Services
Technology
Manufacturing
Professional Services
Retail
Healthcare
Telecommunications
Real Estate
Energy
Transportation and Logistics
Consumer Goods
Media and Entertainment
Finance
Legal
Tax
Treasury
Compliance
Corporate Governance
Accounting
Internal Audit
Group Finance
Transfer Pricing
Chief Financial Officer
Financial Controller
Head of Tax
Transfer Pricing Manager
Group Financial Controller
Legal Counsel
Tax Director
Finance Manager
Compliance Officer
Treasury Manager
Group Accountant
Corporate Controller
Head of Legal
Finance Director
Company Secretary
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