Intercompany Administrative Services Agreement Template for United States

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Key Requirements PROMPT example:

Intercompany Administrative Services Agreement

"I need an Intercompany Administrative Services Agreement for our UK parent company to provide HR, IT, and accounting services to our new U.S. subsidiary, ensuring compliance with transfer pricing regulations and including specific data protection provisions for cross-border data transfers."

Document background
The Intercompany Administrative Services Agreement is essential for corporate groups operating in the United States where one entity provides administrative support services to affiliated companies. This document is typically used when centralizing administrative functions such as HR, IT, accounting, or other back-office operations to achieve operational efficiency and cost optimization. It ensures compliance with U.S. transfer pricing regulations, state corporate laws, and federal requirements while establishing clear service expectations and responsibilities. The agreement is particularly important for maintaining proper corporate governance, documenting arm's length transactions, and managing intercompany relationships in accordance with U.S. legal and tax requirements. It includes detailed service descriptions, performance metrics, pricing mechanisms, and compliance obligations.
Suggested Sections

1. Parties: Identifies the service provider and recipient companies, including full legal names and jurisdictions

2. Background: Explains the relationship between the parties and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Details the administrative services to be provided

5. Service Levels: Specifies performance standards and quality metrics

6. Fees and Payment Terms: Describes service fees, payment schedule, and transfer pricing methodology

7. Term and Termination: Specifies agreement duration and termination conditions

8. Personnel: Addresses staffing, supervision, and employment responsibilities

9. Confidentiality: Protects confidential information shared between parties

10. Data Protection: Ensures compliance with data privacy laws and regulations

11. Intellectual Property: Addresses ownership and usage rights of IP

12. Liability and Indemnification: Allocates risks and responsibilities between parties

13. Force Majeure: Addresses circumstances beyond parties' control

14. Governing Law: Specifies applicable law and jurisdiction

15. General Provisions: Includes standard boilerplate clauses

Optional Sections

1. Regulatory Compliance: Include when services are subject to specific regulatory requirements

2. Insurance: Add when specific insurance coverage is required for services

3. Business Continuity: Include for critical services requiring disaster recovery planning

4. Audit Rights: Add when regular auditing of services is necessary

5. Security Requirements: Include when services involve sensitive systems or data

6. Change Control: Add when formal process for service modifications is needed

7. Transition Services: Include when complex service transition is anticipated

8. Anti-Corruption: Add when services involve international operations

9. Environmental Compliance: Include when services have environmental impact

Suggested Schedules

1. Schedule A - Service Descriptions: Detailed description of each service to be provided

2. Schedule B - Service Levels: Specific performance metrics and quality standards

3. Schedule C - Fee Schedule: Detailed pricing, cost allocation, and transfer pricing methodology

4. Schedule D - Key Personnel: List of key personnel responsible for service delivery

5. Schedule E - Service Locations: Locations where services will be provided and received

6. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal data

7. Appendix 2 - Security Requirements: Specific security protocols and requirements

8. Appendix 3 - Compliance Requirements: Specific regulatory compliance obligations

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

Manufacturing

Technology

Healthcare

Retail

Energy

Telecommunications

Professional Services

Consumer Goods

Real Estate

Transportation

Media and Entertainment

Pharmaceuticals

Insurance

Construction

Relevant Teams

Legal

Finance

Tax

Compliance

Operations

Human Resources

Information Technology

Procurement

Risk Management

Treasury

Corporate Governance

Shared Services

Administrative Services

Relevant Roles

Chief Financial Officer

General Counsel

Head of Shared Services

Corporate Controller

Tax Director

Legal Counsel

Compliance Officer

Operations Director

Finance Manager

HR Director

IT Director

Commercial Director

Risk Manager

Corporate Secretary

Treasury Manager

Procurement Manager

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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