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Intercompany Lease Agreement

Intercompany Lease Agreement Template for Netherlands

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Key Requirements PROMPT example:

Intercompany Lease Agreement

"Need to draft an Intercompany Lease Agreement under Dutch law for our parent company to lease office space to its subsidiary in Amsterdam, starting March 1, 2025, with specific provisions for shared services and IT infrastructure."

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Document background
The Intercompany Lease Agreement is essential for formalizing property or asset lease arrangements between affiliated companies under Dutch law. It is commonly used when one group entity owns real estate or other assets that are to be used by another entity within the same corporate structure. The agreement must comply with Dutch civil law requirements for lease agreements while also satisfying transfer pricing regulations, ensuring arm's length terms between related parties. This document is particularly important for corporate groups structuring their internal asset utilization, tax efficiency, and risk allocation. It includes comprehensive provisions covering rental terms, maintenance obligations, service charges, and regulatory compliance, while considering the specific nature of related-party transactions under Dutch legal and tax frameworks.
Suggested Sections

1. Parties: Identification of the lessor and lessee companies, including registration details and authorized representatives

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

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

4. Property Description: Detailed description of the leased property or premises

5. Term and Commencement: Duration of the lease, commencement date, and any renewal options

6. Rent and Payment Terms: Rental amount, payment schedule, indexation, and payment methods

7. Service Charges: Additional charges, utilities, and other costs

8. Use of Property: Permitted use, restrictions, and compliance requirements

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements

10. Insurance: Required insurance coverage and responsibilities

11. Transfer Pricing Compliance: Confirmation of arm's length terms and compliance with transfer pricing regulations

12. Termination: Termination rights, notice periods, and consequences

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction

15. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability

Optional Sections

1. Environmental Provisions: Required for properties with specific environmental requirements or risks

2. Alterations and Improvements: Include when significant modifications to the property are anticipated

3. Subletting and Assignment: Include if subletting or assignment rights are to be granted

4. Break Clause: Include when early termination options are desired

5. VAT Election: Include when parties opt to treat the lease as VAT-taxable

6. Security Deposit: Include when a security deposit or bank guarantee is required

7. Property Management: Include for larger properties requiring specific management arrangements

8. Force Majeure: Include when specific force majeure provisions are needed beyond standard law

Suggested Schedules

1. Property Details: Detailed description, floor plans, maps, or equipment specifications

2. Rent Calculation: Detailed breakdown of rent calculation and indexation methodology

3. Service Charge Budget: Estimated annual service charges and calculation method

4. State of Delivery: Condition report of the property at commencement

5. Transfer Pricing Documentation: Documentation supporting arm's length nature of rental terms

6. Maintenance Schedule: Detailed breakdown of maintenance responsibilities

7. Insurance Requirements: Specific insurance requirements and minimum coverage

8. House Rules: Applicable building or property rules and regulations

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
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Relevant Industries

Real Estate

Manufacturing

Technology

Financial Services

Retail

Healthcare

Energy

Telecommunications

Professional Services

Logistics

Industrial

Construction

Relevant Teams

Legal

Real Estate

Finance

Tax

Compliance

Treasury

Facilities Management

Corporate Governance

Risk Management

Operations

Relevant Roles

Legal Counsel

Corporate Lawyer

Real Estate Manager

Facility Manager

Tax Director

CFO

Property Manager

Corporate Secretary

Finance Director

Compliance Officer

Real Estate Director

Asset Manager

Treasury Manager

Group Controller

Operations Director

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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