The Master Intercompany Services Agreement is essential for corporate groups operating in or through Ireland that need to formalize their internal service arrangements. This document is typically used when multiple group companies provide or receive various services from each other, requiring a standardized framework that ensures consistency, compliance, and proper governance. It addresses key aspects such as service scope, delivery standards, pricing mechanisms, and regulatory compliance, while incorporating specific Irish legal requirements and EU regulations. The agreement is particularly important for transfer pricing compliance and tax purposes, providing evidence of arm's length arrangements between related entities. It can be adapted for various types of services, from administrative support to technical services, and is designed to accommodate changes in service requirements over time.
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1. Parties: Identification of the service provider and service recipient companies, including registration details and addresses
2. Background: Context of the agreement, relationship between the parties, and general purpose of the arrangement
3. Definitions: Defined terms used throughout the agreement, including specific service-related terminology
4. Services: General framework for service provision, service standards, and delivery requirements
5. Service Provider Obligations: Key responsibilities and commitments of the service provider company
6. Service Recipient Obligations: Key responsibilities and commitments of the service recipient company
7. Charges and Payment Terms: Pricing methodology, payment procedures, and invoicing requirements
8. Transfer Pricing Compliance: Provisions ensuring compliance with transfer pricing regulations and arm's length principles
9. Intellectual Property Rights: Ownership and usage rights of IP created or used in service delivery
10. Confidentiality: Protection of confidential information exchanged between group companies
11. Data Protection: GDPR compliance and data handling requirements
12. Term and Termination: Duration of agreement, renewal provisions, and termination rights
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Force Majeure: Provisions for handling events beyond reasonable control
15. Governing Law and Jurisdiction: Application of Irish law and jurisdiction for dispute resolution
1. Regulatory Compliance: Additional compliance requirements for regulated entities or services
2. Personnel and Secondment: Specific provisions for shared employees or secondment arrangements
3. Business Continuity: Disaster recovery and business continuity requirements for critical services
4. Audit Rights: Extended audit provisions for regulated services or high-risk activities
5. Service Level Agreement: Detailed service levels and performance metrics for specific service types
6. Insurance: Specific insurance requirements beyond standard group coverage
7. Anti-Bribery and Corruption: Additional compliance provisions for high-risk jurisdictions or activities
8. Exit Management: Detailed transition provisions for complex service arrangements
1. Schedule 1 - Services Description: Detailed description of each service to be provided
2. Schedule 2 - Service Levels: Specific performance metrics and service level requirements
3. Schedule 3 - Charges: Detailed pricing structure, calculation methodology, and cost allocation
4. Schedule 4 - Key Personnel: List of key personnel responsible for service delivery and management
5. Schedule 5 - Governance and Reporting: Service management procedures, meetings, and reporting requirements
6. Schedule 6 - Technical Requirements: Technical specifications and systems requirements
7. Appendix A - Transfer Pricing Methodology: Detailed transfer pricing calculations and supporting documentation
8. Appendix B - Data Processing Agreement: Specific GDPR compliance requirements and procedures
9. Appendix C - Business Continuity Plan: Detailed procedures for service continuity and disaster recovery
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