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Intercompany Recharge Agreement Template for Ireland

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Key Requirements PROMPT example:

Intercompany Recharge Agreement

"I need an Intercompany Recharge Agreement governed by Irish law for IT services provided by our Dublin headquarters to European subsidiaries, with specific transfer pricing provisions and a 5% markup on costs, to be effective from January 2025."

Document background
The Intercompany Recharge Agreement is essential for multinational companies and corporate groups operating in Ireland who need to allocate and share costs between different entities. This document type is particularly important given Ireland's position as a hub for international businesses and its specific transfer pricing requirements. The agreement ensures compliance with Irish tax laws and corporate regulations while providing a clear framework for calculating, documenting, and charging costs between group entities. It typically includes detailed provisions for service definitions, calculation methodologies, payment terms, and compliance requirements, making it crucial for maintaining transparent and compliant intercompany relationships. The document helps organizations demonstrate to tax authorities that transactions are conducted at arm's length and properly documented.
Suggested Sections

1. Parties: Identification of the group companies entering into the agreement

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

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Scope of Services: Description of services/costs subject to recharge

5. Calculation of Charges: Methodology for calculating recharge amounts, including markup if applicable

6. Payment Terms: Billing frequency, payment deadlines, currency, and payment method

7. Tax Provisions: VAT treatment, withholding tax, and transfer pricing compliance

8. Record Keeping and Audit Rights: Requirements for maintaining records and right to audit calculations

9. Confidentiality: Protection of confidential information shared between parties

10. Term and Termination: Duration of agreement and termination provisions

11. General Provisions: Standard legal provisions including governing law, amendments, and notices

Optional Sections

1. Service Levels: Include when specific performance standards need to be maintained for the services

2. Staff and Secondment Provisions: Include when agreement involves staff costs or secondment arrangements

3. Intellectual Property: Include when services involve creation or use of intellectual property

4. Data Protection: Include when personal data processing is involved in the services

5. Regulatory Compliance: Include when either party is regulated or services are subject to specific regulations

6. Force Majeure: Include when services are critical and need provisions for unforeseen circumstances

7. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court jurisdiction

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services/costs subject to recharge

2. Schedule 2 - Charging Methodology: Detailed calculation methods, including formulas and examples

3. Schedule 3 - Service Levels: Specific performance metrics and standards if applicable

4. Schedule 4 - Key Contacts: List of key personnel responsible for agreement administration

5. Schedule 5 - Transfer Pricing Documentation: Supporting documentation for transfer pricing compliance

6. Appendix A - Pro Forma Invoice: Template for recharge invoices

7. Appendix B - Cost Allocation Keys: Details of cost allocation methodologies for shared services

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




































Clauses































Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Pharmaceuticals

Retail

Energy

Telecommunications

Construction

Healthcare

Transport and Logistics

Real Estate

Relevant Teams

Finance

Legal

Tax

Treasury

Compliance

Accounting

Shared Services

Operations

Commercial

Internal Audit

Financial Planning & Analysis

Group Reporting

Relevant Roles

Chief Financial Officer

Financial Controller

Tax Director

Legal Counsel

Finance Manager

Group Accountant

Transfer Pricing Manager

Compliance Officer

Treasury Manager

Commercial Director

Operations Director

Group Financial Controller

Head of Shared Services

Corporate Controller

Finance Business Partner

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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