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Intercompany Management Fees Agreement
"I need an Intercompany Management Fees Agreement for my New Zealand parent company to provide IT management and strategic planning services to three subsidiaries, with a cost-plus pricing model and quarterly performance reviews starting from March 2025."
1. Parties: Identification of the service provider and recipient companies
2. Background: Context of the agreement, relationship between the parties, and purpose of the arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Services: Detailed description of management services to be provided
5. Service Standards: Quality and performance standards for service delivery
6. Fees and Payment: Fee calculation methodology, payment terms, and invoicing requirements
7. Tax and GST: Treatment of taxes, GST, and any withholding obligations
8. Records and Reporting: Requirements for maintaining records and providing reports
9. Intellectual Property: Ownership and usage rights of IP created or used in providing services
10. Confidentiality: Protection of confidential information exchanged during service provision
11. Term and Termination: Duration of agreement and circumstances for termination
12. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Service Levels: Specific performance metrics and KPIs, used when quantitative measurement of service quality is required
2. Audit Rights: Rights to audit service provision and fee calculation, particularly important for larger group structures
3. Staff and Resources: Details of personnel and resources allocation, relevant when specific expertise or resources are critical
4. Dispute Resolution: Specific dispute resolution procedures, recommended for high-value or complex arrangements
5. Force Majeure: Provisions for unforeseen circumstances, important when service continuity is critical
6. Transfer Pricing Compliance: Detailed transfer pricing provisions, necessary when cross-border services are involved
1. Schedule 1 - Services Description: Detailed breakdown of management services to be provided
2. Schedule 2 - Fee Calculation: Detailed methodology for calculating management fees
3. Schedule 3 - Service Levels: Specific performance metrics and service standards
4. Schedule 4 - Key Personnel: List of key personnel involved in service delivery
5. Appendix A - Transfer Pricing Documentation: Documentation supporting arm's length nature of fees
6. Appendix B - Reporting Templates: Standard formats for required reports and documentation
Authors
Business Day
Commencement Date
Confidential Information
Force Majeure Event
Group
GST
Initial Term
Intellectual Property Rights
Key Personnel
Management Fees
Management Services
Performance Standards
Provider
Recipient
Related Company
Renewal Term
Service Levels
Services
Specification
Tax
Term
Transfer Pricing Requirements
Working Hours
Change Control
Deliverables
Documentation
Financial Year
Group Policy
Personnel
Quarter
Records
Reports
Service Credits
Service Location
Subsidiary
Supporting Materials
Territory
Variation
Service Standards
Performance Metrics
Fee Calculation
Payment Terms
Tax Compliance
GST
Transfer Pricing
Record Keeping
Reporting
Audit Rights
Intellectual Property
Confidentiality
Data Protection
Personnel
Force Majeure
Term
Termination
Service Levels
Quality Standards
Governance
Change Control
Dispute Resolution
Liability
Insurance
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Governing Law
Compliance with Laws
Financial Services
Manufacturing
Professional Services
Technology
Retail
Construction
Healthcare
Energy
Mining
Telecommunications
Real Estate
Transportation and Logistics
Finance
Legal
Tax
Treasury
Compliance
Corporate Governance
Commercial
Operations
Shared Services
Risk Management
Internal Audit
Accounting
Chief Financial Officer
Finance Director
Tax Manager
Group Financial Controller
Legal Counsel
Company Secretary
Commercial Director
Operations Director
Head of Shared Services
Transfer Pricing Manager
Group Accountant
Financial Planning Manager
Treasury Manager
Compliance Officer
Risk Manager
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