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Intercompany Recharge Agreement

Intercompany Recharge Agreement Template for Canada

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Key Requirements PROMPT example:

Intercompany Recharge Agreement

"I need an Intercompany Recharge Agreement for IT and administrative services provided by our Canadian parent company to its wholly-owned subsidiary in Ontario, with the agreement to commence from January 1, 2025."

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Document background
An Intercompany Recharge Agreement is essential for corporate groups operating multiple entities in Canada where internal services are provided between related companies. This document is typically used when one entity provides services (such as IT, HR, or administrative support) to other group entities and needs to recover costs plus an appropriate markup. The agreement must comply with Canadian transfer pricing regulations, tax laws, and corporate governance requirements. It includes detailed provisions for service scope, pricing methodology, documentation requirements, and tax treatment. This type of agreement is particularly important for demonstrating to Canadian tax authorities that intercompany transactions are conducted at arm's length and for maintaining proper corporate governance within the group structure.
Suggested Sections

1. Parties: Identification of the service provider and recipient companies, including registration details and addresses

2. Background: Context of the agreement, relationship between the parties, and purpose of the recharge arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Services: Detailed description of services to be provided and recharged between the companies

5. Calculation of Charges: Methodology for calculating recharge amounts, including cost allocation principles and markup

6. Payment Terms: Terms and conditions for payment, including currency, timing, and invoicing requirements

7. Record Keeping: Requirements for maintaining documentation to support the recharge calculations and transfer pricing compliance

8. Tax Matters: Handling of tax implications, including GST/HST and withholding tax requirements

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Confidentiality: Provisions for protecting confidential information shared between the parties

11. Governing Law: Specification of Canadian law as the governing law and jurisdiction

Optional Sections

1. Intellectual Property: Include when services involve creation, use, or transfer of intellectual property

2. Regulatory Compliance: Include when specific industry regulations affect the service arrangement

3. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances

4. Service Levels: Include when specific performance standards need to be established

5. Dispute Resolution: Include when parties want detailed dispute resolution procedures

6. Insurance: Include when specific insurance requirements need to be maintained

7. Data Protection: Include when services involve processing of personal or sensitive data

Suggested Schedules

1. Schedule A - Services Description: Detailed description of all services covered by the agreement

2. Schedule B - Pricing Methodology: Detailed explanation of cost allocation methods and markup calculations

3. Schedule C - Service Levels: Performance metrics and service level requirements if applicable

4. Schedule D - Key Personnel: List of key personnel involved in service delivery and their roles

5. Schedule E - Cost Categories: Breakdown of cost categories and allocation keys

6. Appendix 1 - Transfer Pricing Documentation: Template for required transfer pricing documentation

7. Appendix 2 - Invoice Template: Standard format for invoicing between the parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


































Clauses






























Relevant Industries

Financial Services

Manufacturing

Technology

Professional Services

Healthcare

Energy

Retail

Telecommunications

Mining

Real Estate

Pharmaceuticals

Automotive

Relevant Teams

Legal

Finance

Tax

Treasury

Compliance

Corporate Services

Shared Services

Financial Control

International Tax

Transfer Pricing

Corporate Governance

Group Finance

Relevant Roles

Chief Financial Officer

Tax Director

Legal Counsel

Finance Manager

Transfer Pricing Manager

Group Controller

Compliance Officer

Treasury Manager

Financial Controller

Corporate Services Director

Head of Shared Services

Group Financial Director

Tax Compliance Manager

International Tax Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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