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Intercompany Management Fees Agreement Template for Austria

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Key Requirements PROMPT example:

Intercompany Management Fees Agreement

"I need an Intercompany Management Fees Agreement under Austrian law for our parent company to provide basic financial and administrative management services to our local subsidiary, with services starting January 2025 and standard monthly fee calculations."

Document background
The Intercompany Management Fees Agreement is essential for corporate groups operating in Austria that provide centralized management services across their group companies. This document is typically used when a parent company or designated service company provides strategic, administrative, or technical management services to other group entities. It addresses key aspects such as service scope, fee calculation, transfer pricing compliance, and documentation requirements under Austrian law. The agreement is particularly important for demonstrating compliance with Austrian tax authorities' requirements regarding related party transactions and the arm's length principle. It should be implemented when establishing new management service arrangements or formalizing existing ones within a corporate group, ensuring alignment with both Austrian corporate law and EU regulations.
Suggested Sections

1. Parties: Identification of the service provider (managing company) and service recipient (receiving company), including full legal names and registration details

2. Background: Context of the agreement, relationship between the parties within the corporate group, and purpose of the management services arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Management Services', 'Service Fee', 'Group Company', etc.

4. Scope of Services: Detailed description of the management services to be provided, including general obligations of the service provider

5. Service Standards: Quality standards and performance levels for the delivery of management services

6. Fee Structure and Calculation: Methodology for calculating management fees, including cost allocation methods and markup

7. Payment Terms: Timing and method of payment, invoicing requirements, and currency specifications

8. Transfer Pricing Compliance: Provisions ensuring compliance with transfer pricing regulations and arm's length principle

9. Records and Documentation: Requirements for maintaining service records, time sheets, and supporting documentation

10. Audit Rights: Rights of parties to audit service delivery, fee calculations, and supporting documentation

11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

12. Confidentiality: Obligations regarding the protection of confidential information exchanged during service provision

13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Service Level Agreement: Detailed performance metrics and service levels, required when specific measurable standards need to be maintained

2. Intellectual Property Rights: Provisions regarding IP created during service provision, needed when services may result in IP creation

3. Staff and Secondment: Terms regarding personnel providing services, included when staff will work on-site at recipient company

4. Force Majeure: Provisions for extraordinary circumstances affecting service delivery, included for critical services

5. Insurance: Insurance requirements for service provision, needed when services involve significant risks

6. Data Protection: GDPR and data protection compliance, required when personal data processing is involved

7. Non-Competition: Restrictions on competing activities, included when services involve sensitive market information

8. Change Control: Procedures for modifying service scope or terms, needed for long-term or complex service arrangements

Suggested Schedules

1. Schedule 1 - Detailed Service Description: Comprehensive list and description of all management services to be provided

2. Schedule 2 - Fee Calculation Methodology: Detailed methodology for calculating management fees, including cost pools and allocation keys

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

4. Schedule 4 - Key Personnel: List of key personnel responsible for service delivery and their qualifications

5. Schedule 5 - Transfer Pricing Documentation: Required documentation to support arm's length nature of fees

6. Schedule 6 - Approved Subcontractors: List of approved third-party service providers, if applicable

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

8. Appendix B - Monthly Report Template: Standard format for monthly service delivery and performance reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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

Manufacturing

Financial Services

Technology

Pharmaceutical

Retail

Energy

Professional Services

Telecommunications

Consumer Goods

Industrial Products

Real Estate

Healthcare

Media and Entertainment

Relevant Teams

Legal

Finance

Tax

Compliance

Treasury

Corporate Development

Internal Audit

Accounting

Group Operations

Corporate Governance

Risk Management

Relevant Roles

Chief Financial Officer

Head of Tax

Group Controller

Transfer Pricing Manager

Legal Counsel

Corporate Finance Director

Group Financial Controller

Tax Director

Finance Manager

Compliance Officer

Group Accountant

Treasury Manager

Managing Director

Head of Legal

Company Secretary

Internal Audit 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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