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Intercompany Shared Services Agreement
"I need an Intercompany Shared Services Agreement for our Australian parent company to provide IT, HR, and finance services to three newly acquired subsidiaries, with service commencement planned for March 2025."
1. Parties: Identification of the service provider and recipient entities, including registration details and addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of the shared services arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Term and Commencement: Duration of the agreement, including start date and renewal provisions
5. Services: Overview of services to be provided, with reference to detailed service descriptions in schedules
6. Service Levels: General principles of service quality and performance standards
7. Charges and Payment: Pricing methodology, payment terms, and transfer pricing compliance
8. Governance and Reporting: Management structure, reporting requirements, and review processes
9. Personnel: Requirements for personnel delivering services, including qualifications and conduct
10. Intellectual Property: Ownership and licensing of IP used in or created through service delivery
11. Confidentiality and Data Protection: Protection of confidential information and compliance with privacy laws
12. Liability and Indemnities: Allocation of risks and responsibilities between parties
13. Termination: Termination rights and process
14. Post-Termination: Obligations and transition arrangements following termination
15. General Provisions: Standard boilerplate clauses including notices, amendment process, and governing law
1. Cross-Border Requirements: Include when services are provided across international borders, addressing regulatory compliance and currency considerations
2. IT Systems and Security: Include when services involve significant IT components or system access
3. Staff Transfers or Secondments: Include when personnel will be transferred or seconded between entities
4. Business Continuity and Disaster Recovery: Include for critical services requiring specific continuity arrangements
5. Compliance with Group Policies: Include when specific corporate group policies must be followed
6. Asset License and Usage: Include when significant assets or licenses are being shared
7. Tax and VAT/GST Provisions: Include detailed tax provisions for complex cross-border arrangements
8. Change Control Process: Include for complex service arrangements requiring formal change management
1. Schedule 1 - Service Descriptions: Detailed descriptions of each service to be provided
2. Schedule 2 - Service Levels and KPIs: Specific performance metrics and measurement methods
3. Schedule 3 - Charges and Pricing Methodology: Detailed pricing calculations and transfer pricing documentation
4. Schedule 4 - Governance Framework: Detailed governance structure, meeting schedules, and escalation procedures
5. Schedule 5 - Technical Requirements: Technical specifications and requirements for service delivery
6. Schedule 6 - Contact Details and Key Personnel: List of key contacts and responsible personnel
7. Schedule 7 - Service Locations: Locations where services will be provided and received
8. Schedule 8 - Exit Plan Template: Framework for service transition upon termination
9. Appendix A - Form of Reports: Templates for required service reports and documentation
10. Appendix B - Security and Access Requirements: Detailed security protocols and access procedures
Authors
Financial Services
Mining and Resources
Healthcare
Technology
Manufacturing
Professional Services
Retail and Consumer Goods
Energy and Utilities
Telecommunications
Transport and Logistics
Legal
Finance
Human Resources
Information Technology
Operations
Procurement
Tax
Compliance
Risk Management
Corporate Services
Shared Services
Commercial
Business Development
Strategy
Chief Financial Officer
Head of Shared Services
Legal Counsel
Chief Operating Officer
Finance Director
HR Director
IT Director
Procurement Manager
Service Delivery Manager
Commercial Manager
Group Financial Controller
Tax Manager
Compliance Officer
Operations Manager
Business Development Director
Risk Manager
Corporate Services Manager
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