Shared Services Agreement

Shared Services Agreement Template for Malaysia

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Key Requirements PROMPT example:

"I need a Shared Services Agreement to establish a finance and HR shared services center in Malaysia for our group of manufacturing companies, with implementation starting January 2025. The agreement should cover service levels, cost allocation, and data protection requirements for handling employee and financial information."

Document background

The Shared Services Agreement is essential for organizations implementing centralized service delivery models in Malaysia. It establishes the legal and operational framework for consolidating support functions such as finance, HR, IT, and procurement into a single shared services entity serving multiple group companies. This document is particularly relevant in the Malaysian business context where many multinational corporations establish their regional shared services centers due to favorable business conditions and skilled workforce availability. The agreement ensures compliance with Malaysian laws while detailing service scope, performance metrics, pricing mechanisms, governance structures, and operational procedures. It's commonly used by organizations seeking to optimize operations, achieve cost efficiencies, and standardize processes across their corporate group.

Suggested Sections

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

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

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

4. Scope of Services: Detailed description of shared services to be provided, including service categories and delivery methods

5. Service Levels: Performance standards, KPIs, and measurement methodologies

6. Charges and Payment: Pricing structure, payment terms, invoicing procedures, and cost allocation methodology

7. Governance and Management: Management structure, reporting requirements, meeting cadence, and escalation procedures

8. Data Protection and Security: Compliance with PDPA 2010, data handling procedures, and security requirements

9. Confidentiality: Protection of confidential information, permitted disclosures, and survival terms

10. Intellectual Property: Ownership and licensing of IP, including pre-existing IP and newly created IP

11. Term and Termination: Duration, renewal terms, termination rights, and consequences of termination

12. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements

13. Force Majeure: Events constituting force majeure and consequences

14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Staff Transfer: Terms for transfer or secondment of employees, applicable when staff transitions are part of the arrangement

2. Business Continuity: Disaster recovery and business continuity requirements, recommended for critical services

3. Change Control: Procedures for implementing changes to services or agreement terms, useful for long-term or complex arrangements

4. Anti-Bribery and Corruption: Compliance with anti-corruption laws, recommended for high-value contracts or government-related services

5. Environmental, Social and Governance: ESG commitments and reporting, relevant for organizations with ESG policies

6. International Data Transfers: Additional provisions for cross-border data transfers, needed if services involve multiple jurisdictions

7. Non-Competition: Restrictions on competitive activities, relevant when sharing sensitive operational information

8. Step-In Rights: Rights to take over services in specific circumstances, important for critical service arrangements

Suggested Schedules

1. Service Descriptions: Detailed specifications of each service category including scope, deliverables, and exclusions

2. Service Levels and KPIs: Detailed performance metrics, measurement methods, and reporting requirements

3. Charges and Pricing: Detailed pricing structure, rate cards, cost allocation methods, and pricing adjustments

4. Governance Framework: Detailed governance structure, roles and responsibilities, meeting schedule, and reporting templates

5. Implementation Plan: Transition or implementation timeline, milestones, and responsibilities

6. Operating Level Agreement: Detailed operational procedures, processes, and working methods

7. Personnel: Key personnel, qualifications, and any transferred or dedicated staff details

8. Technical Requirements: IT systems, infrastructure, and technical specifications

9. Security Requirements: Detailed security protocols, standards, and compliance requirements

10. Business Continuity Plan: Detailed procedures for service continuity and disaster recovery

11. Exit Plan: Detailed transition-out procedures and knowledge transfer requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 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

Telecommunications

Healthcare

Professional Services

Retail

Energy

Logistics

Consumer Goods

Banking

Insurance

Education

Real Estate

Hospitality

Relevant Teams

Legal

Finance

Human Resources

Information Technology

Operations

Procurement

Compliance

Risk Management

Facilities Management

Customer Service

Business Process Excellence

Strategy

Commercial

Internal Audit

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Head of Shared Services

Legal Counsel

Operations Director

Finance Director

HR Director

IT Director

Procurement Director

Service Delivery Manager

Contract Manager

Business Process Manager

Compliance Officer

Risk Manager

Project Manager

Strategy Director

Commercial Director

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