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Master Intercompany Services Agreement for Malta

Master Intercompany Services Agreement Template for Malta

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Master Intercompany Services Agreement

"I need a Master Intercompany Services Agreement under Maltese law for a financial services group with subsidiaries across the EU, focusing heavily on compliance with financial regulations and including specific provisions for shared IT services and data protection requirements."

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Master Intercompany Services Agreement

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What is a Master Intercompany Services Agreement?

The Master Intercompany Services Agreement is essential for corporate groups operating in or through Malta that need to establish a structured framework for intra-group service provisions. This document is particularly relevant given Malta's position as a key business hub within the EU, requiring compliance with both local and EU regulations. The agreement is designed to streamline the process of establishing and managing service arrangements between group companies, covering aspects such as shared services, management services, technical support, and administrative functions. It incorporates necessary provisions to address transfer pricing requirements, VAT implications, and corporate governance standards under Maltese law, while providing flexibility to accommodate various types of services and future changes in group structure.

What sections should be included in a Master Intercompany Services Agreement?

1. Parties: Identification of the group companies entering into the agreement, typically including the parent company and its subsidiaries

2. Background: Context of the agreement, group structure, and purpose of establishing the master services framework

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Group Company', 'Service Level', 'Charges', etc.

4. Structure and Scope: Framework explaining how individual service arrangements will be documented and implemented under this master agreement

5. Service Provision: General terms governing the provision of services, including standard of care, cooperation, and service levels

6. Ordering Process: Process for requesting and confirming specific services under the master agreement

7. Charges and Payment: Framework for setting service charges, payment terms, invoicing, and transfer pricing principles

8. Intellectual Property: Rights and obligations regarding IP created or used in providing the services

9. Confidentiality: Protection of confidential information shared between group companies

10. Data Protection: Compliance with GDPR and Maltese data protection requirements

11. Liability and Indemnification: Allocation of risks and responsibilities between group companies

12. Term and Termination: Duration of the agreement and circumstances for termination

13. Post-Termination: Obligations and transition arrangements following termination

14. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

What sections are optional to include in a Master Intercompany Services Agreement?

1. Tax and VAT: Detailed tax provisions when significant cross-border services are contemplated

2. Regulatory Compliance: Additional compliance obligations for regulated entities or services

3. Staff and Secondment: Specific provisions when services involve staff transfers or secondments

4. Business Continuity: Required for critical services or regulated entities

5. Anti-Bribery and Corruption: Additional compliance provisions for groups operating in high-risk jurisdictions

6. Force Majeure: Detailed force majeure provisions where service continuity is critical

7. Insurance: Specific insurance requirements for high-risk services

8. Audit Rights: Enhanced audit provisions for regulated services or complex charging arrangements

What schedules should be included in a Master Intercompany Services Agreement?

1. Form of Service Schedule: Template for documenting specific service arrangements

2. Charges and Payment Terms: Detailed charging methodology and payment procedures

3. Service Levels: Standard service levels and performance metrics

4. Governance and Escalation: Service management and issue resolution procedures

5. Technical Requirements: Standard technical specifications for service delivery

6. Group Companies: List of group companies eligible to participate in service arrangements

7. Data Processing Requirements: Detailed data protection and processing obligations

8. Transfer Pricing Methodology: Approved methods for calculating intercompany charges

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

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Relevant Industries

Financial Services

Gaming and Entertainment

Technology

Professional Services

Manufacturing

Pharmaceutical

Retail and Consumer

Maritime and Logistics

Real Estate and Property

Energy and Utilities

Relevant Teams

Legal

Finance

Tax

Compliance

Operations

Commercial

Procurement

Risk Management

Corporate Development

Company Secretariat

Internal Audit

Treasury

Shared Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Head of Legal

Corporate Secretary

Finance Director

Tax Director

Compliance Officer

Operations Director

Commercial Director

Head of Shared Services

Group Financial Controller

Transfer Pricing Manager

Risk Manager

Corporate Development Director

Head of Procurement

Industries








Teams

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