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Intercompany Settlement Agreement
"Need an Intercompany Settlement Agreement under Austrian law for our manufacturing group's European shared services center in Vienna, covering monthly settlements of IT, HR, and accounting services provided to 5 subsidiaries, to be implemented by March 2025."
1. Parties: Identification of the group companies entering into the agreement, including registration details and addresses
2. Background: Context of the intercompany relationship and reason for the settlement agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Settlement Scope: Detailed description of transactions, services, or obligations covered by the settlement
5. Settlement Amount: Specification of the settlement amount and calculation methodology
6. Payment Terms: Terms and conditions for payment, including timing, currency, and payment method
7. Tax Provisions: Handling of VAT, withholding tax, and other tax implications
8. Transfer Pricing Compliance: Confirmation of arm's length principles and compliance with transfer pricing regulations
9. Records and Documentation: Requirements for maintaining proper records and supporting documentation
10. Term and Termination: Duration of the agreement and termination provisions
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution formalities
1. Audit Rights: Rights to audit settlement calculations and supporting documentation - include when regular audits are anticipated
2. Set-off Rights: Rights to set off amounts against other intercompany obligations - include when multiple intercompany relationships exist
3. Currency Conversion: Provisions for handling currency conversions - include when settlements involve multiple currencies
4. Dispute Resolution: Detailed dispute resolution procedures - include when parties prefer arbitration or specific resolution mechanisms
5. Confidentiality: Provisions for maintaining confidentiality - include when settlement involves sensitive information
6. Force Majeure: Provisions for handling unforeseen circumstances - include when long-term settlement arrangements are involved
7. Group Company Accession: Mechanism for other group companies to join the agreement - include when future expansion is anticipated
1. Schedule 1 - Settlement Calculation Methodology: Detailed methodology for calculating settlement amounts
2. Schedule 2 - Covered Transactions: List and details of all transactions covered by the settlement
3. Schedule 3 - Supporting Documentation Requirements: Specific requirements for documentation to support settlement calculations
4. Schedule 4 - Payment Procedures: Detailed procedures for processing and executing payments
5. Appendix A - Form of Settlement Statement: Template for periodic settlement statements
6. Appendix B - Contact Details: Key contact persons and their details for each party
7. Appendix C - Transfer Pricing Documentation: Required transfer pricing documentation and compliance certificates
Authors
Agreement
Applicable Law
Arm's Length Principle
Business Day
Confidential Information
Effective Date
Force Majeure Event
Group
Group Company
Intercompany Balance
Interest Rate
Parent Company
Payment Date
Related Party
Settlement Amount
Settlement Currency
Settlement Period
Settlement Statement
Settlement Date
Supporting Documentation
Tax
Transfer Pricing Documentation
Transfer Pricing Rules
Ultimate Parent Company
VAT
Working Capital
Material Adverse Change
Netting
Offset Rights
Quarter
Regulatory Authority
Service Provider
Service Recipient
Shared Services
Termination Date
Transaction Currency
Year
Definitions
Settlement Obligations
Payment Terms
Currency Conversion
Interest
Tax
Transfer Pricing
Record Keeping
Audit Rights
Set-off
Netting
Representations and Warranties
Confidentiality
Data Protection
Force Majeure
Term and Termination
Assignment
Notices
Amendment
Severability
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Regulatory Compliance
Anti-Corruption
Documentation Requirements
Group Company Accession
Third Party Rights
Manufacturing
Financial Services
Technology
Pharmaceuticals
Consumer Goods
Energy
Telecommunications
Professional Services
Automotive
Chemical Industry
Retail
Infrastructure
Legal
Finance
Tax
Treasury
Compliance
Accounting
Shared Services
Corporate Development
Internal Audit
Financial Planning & Analysis
Chief Financial Officer
Group Treasury Manager
Financial Controller
Tax Director
Legal Counsel
Compliance Officer
Transfer Pricing Manager
Group Accountant
Finance Director
Corporate Controller
Head of Shared Services
Group Financial Planning Manager
Senior Tax Manager
International Tax Specialist
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