The Intercompany Lease Agreement is essential for Danish corporate groups where one entity owns real estate assets that are leased to other group companies. This document type is specifically designed to comply with Danish legal requirements, particularly the Business Lease Act (Erhvervslejeloven) and transfer pricing regulations. It is used when establishing formal property rental arrangements between affiliated companies, ensuring transparency and arm's length terms. The agreement includes detailed provisions for rent determination, maintenance responsibilities, and operational costs, while incorporating necessary documentation to support transfer pricing compliance. This template is particularly relevant for corporate restructuring, tax planning, and efficient asset management within Danish corporate groups or international companies with Danish subsidiaries.
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Key Requirements PROMPT example:
Intercompany Lease Agreement
I need an Intercompany Lease Agreement for our Danish manufacturing subsidiary to lease a warehouse facility from our property holding company, starting March 1, 2025, with specific provisions for heavy machinery installation and environmental compliance.
1. Parties: Identification of the lessor and lessee companies, including company registration numbers (CVR numbers) and registered addresses
2. Background: Context of the lease arrangement, relationship between the parties, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the leased premises, including address, size, and permitted use
5. Lease Term: Duration of the lease, commencement date, and any renewal options
6. Rent and Payment Terms: Base rent amount, payment schedule, and method of payment
7. Rent Review: Mechanism and timing for rent adjustments, including index-based increases
8. Operating Costs and Utilities: Allocation of responsibility for operating costs, utilities, and other expenses
9. Maintenance and Repairs: Responsibilities of each party for maintenance, repairs, and replacements
10. Use of Premises: Permitted use of the property and any restrictions
11. Insurance: Required insurance coverage for both parties
12. Transfer Pricing Compliance: Confirmation that rent and terms are at market rates with reference to supporting documentation
13. Assignment and Subletting: Rights and restrictions regarding assignment and subletting
14. Termination: Termination rights and procedures for both parties
15. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
16. Signatures: Execution provisions and signature blocks
1. Alterations and Improvements: Terms governing modifications to the premises - include when significant modifications are anticipated
2. Environmental Provisions: Specific environmental obligations - include for industrial or potentially contaminating uses
3. Service Charge: Detailed service charge provisions - include for multi-tenant buildings
4. Security Deposit: Security deposit requirements - include if required based on company risk assessment
5. Break Rights: Early termination options - include if flexibility is needed
6. Guarantees: Parent company or bank guarantees - include if additional security is required
7. VAT Election: VAT treatment of the lease - include if VAT election is made
8. Building Management: Building management provisions - include for multi-tenant properties
1. Floor Plans: Detailed plans showing the leased premises
2. Condition Report: Documentation of property condition at lease commencement
3. Transfer Pricing Documentation: Market rent comparables and analysis supporting the rent level
4. Service Charge Budget: Estimated annual service charge costs and allocation
5. Building Rules: General rules and regulations for the building
6. Maintenance Schedule: Detailed breakdown of maintenance responsibilities
7. Insurance Requirements: Specific insurance coverage requirements
8. Permitted Alterations: Pre-approved alterations or tenant improvement specifications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Manufacturing
Retail
Professional Services
Technology
Financial Services
Healthcare
Logistics and Transportation
Energy and Utilities
Hospitality
Relevant Teams
Legal
Finance
Real Estate
Tax
Operations
Facilities Management
Treasury
Compliance
Property Management
Corporate Development
Relevant Roles
Legal Counsel
Property Manager
Facility Manager
Tax Director
Finance Director
Real Estate Director
Commercial Director
Operations Manager
Corporate Treasurer
Compliance Officer
General Counsel
Chief Financial Officer
Head of Real Estate
Transfer Pricing Manager
Asset Manager
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