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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."
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
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
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
Manufacturing
Financial Services
Technology
Pharmaceutical
Retail
Energy
Professional Services
Telecommunications
Consumer Goods
Industrial Products
Real Estate
Healthcare
Media and Entertainment
Legal
Finance
Tax
Compliance
Treasury
Corporate Development
Internal Audit
Accounting
Group Operations
Corporate Governance
Risk Management
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
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