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Master Intercompany Services Agreement

Master Intercompany Services Agreement Template for India

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Key Requirements PROMPT example:

Master Intercompany Services Agreement

"I need a Master Intercompany Services Agreement governed by Indian law for our IT services subsidiary in Bangalore to provide software development and technical support services to our group companies across Asia, with implementation planned for March 2025."

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Document background
The Master Intercompany Services Agreement is essential for corporate groups operating in India that need to formalize service arrangements between their affiliated entities. This document is particularly crucial given India's strict transfer pricing regulations and GST requirements for related party transactions. The agreement serves as a comprehensive framework for managing various types of intercompany services, from administrative support to technical services, while ensuring compliance with Indian regulatory requirements. It includes detailed provisions for service delivery, performance measurement, pricing mechanisms, and dispute resolution. The document is designed to meet the requirements of the Indian Companies Act, 2013, Income Tax Act, 1961, and other relevant regulations while providing flexibility to accommodate specific service arrangements through schedules and appendices.
Suggested Sections

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

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

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

4. Scope of Services: General framework for services to be provided, with specific services detailed in schedules

5. Service Standards: Quality standards, performance metrics, and service level requirements

6. Charges and Payment Terms: Pricing methodology, payment terms, invoicing procedures, and tax considerations

7. Term and Termination: Duration of agreement, renewal provisions, and termination rights

8. Obligations of Service Provider: Key responsibilities and commitments of the service provider

9. Obligations of Service Recipient: Key responsibilities and commitments of the service recipient

10. Intellectual Property Rights: Ownership and usage rights of IP created or used in service delivery

11. Confidentiality: Protection and handling of confidential information

12. Data Protection: Data handling, privacy requirements, and compliance measures

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Force Majeure: Provisions for handling events beyond parties' control

15. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Regulatory Compliance: Specific compliance requirements when services are in regulated sectors (e.g., financial services, healthcare)

2. Personnel: Terms regarding personnel deployment when services involve staff provision

3. Insurance: Insurance requirements when services involve significant operational risks

4. Business Continuity: Business continuity and disaster recovery provisions for critical services

5. Anti-Corruption: Additional anti-corruption provisions for high-risk jurisdictions or sectors

6. Audit Rights: Extended audit rights for regulated industries or critical services

7. Parent Company Guarantee: Guarantee provisions when required for financial security

8. Export Control: Export control provisions when services involve cross-border technology transfer

Suggested Schedules

1. Schedule 1 - Service Descriptions: Detailed description of each service to be provided

2. Schedule 2 - Service Levels: Specific service level agreements, KPIs, and measurement criteria

3. Schedule 3 - Charges: Detailed pricing structure, cost allocation methodology, and transfer pricing documentation

4. Schedule 4 - Authorized Representatives: List of key contacts and authorized representatives from both parties

5. Schedule 5 - Data Processing Requirements: Specific data handling and protection requirements

6. Schedule 6 - Transition Plan: Process for service implementation or transition

7. Appendix A - Service Request Form: Template for requesting new or modified services

8. Appendix B - Report Templates: Standard templates for service reporting and documentation

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

Information Technology

Financial Services

Manufacturing

Pharmaceuticals

Professional Services

Telecommunications

Energy

Healthcare

Consumer Goods

Automotive

Real Estate

Infrastructure

Relevant Teams

Legal

Finance

Tax

Compliance

Operations

Commercial

Risk Management

Company Secretarial

Internal Audit

Shared Services

Corporate Governance

Relevant Roles

Legal Counsel

Chief Financial Officer

Head of Tax

Transfer Pricing Manager

Compliance Officer

Company Secretary

Commercial Director

Operations Director

Finance Manager

Group Services Manager

Shared Services Director

Contract Manager

Risk Manager

Chief Operating Officer

Head of Legal

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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