The Intercompany Services Agreement is essential for formalizing service arrangements between affiliated companies under Danish law. It is typically used when one group company provides administrative, technical, financial, or operational services to another group company. The document must comply with Danish corporate law requirements, transfer pricing regulations, and EU data protection rules. It should include clear service descriptions, performance metrics, and pricing mechanisms that meet arm's length principles. This agreement is particularly important for multinational companies with Danish operations, as it helps demonstrate proper corporate governance and regulatory compliance to Danish authorities. The document typically includes provisions for service delivery, quality standards, payment terms, intellectual property rights, and data protection measures.
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Key Requirements PROMPT example:
Intercompany Services Agreement
I need an Intercompany Services Agreement under Danish law for IT support services between our Danish parent company and German subsidiary, with specific provisions for GDPR compliance and transfer pricing documentation.
1. Parties: Identification of the service provider and service recipient entities, including registration details and authorized representatives
2. Background: Context of the agreement, relationship between the parties as group companies, and general purpose of the service arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including specific service-related terminology
4. Services: Detailed description of services to be provided, service levels, and delivery requirements
5. Service Provider Obligations: Key responsibilities and commitments of the service provider, including quality standards and reporting requirements
6. Service Recipient Obligations: Responsibilities of the service recipient, including cooperation requirements and provision of necessary information
7. Fees and Payment Terms: Service fee structure, calculation methodology, payment terms, and transfer pricing compliance requirements
8. Intellectual Property Rights: Ownership and usage rights of IP created or used in service delivery
9. Confidentiality: Protection of confidential information exchanged between group companies
10. Data Protection: GDPR compliance measures and data processing requirements
11. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
12. Liability and Indemnification: Allocation of risks and responsibilities between group companies
13. Force Majeure: Provisions for handling events beyond reasonable control
14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including amendments, assignments, and notices
1. Personnel: Required when services involve dedicated staff or secondment arrangements
2. Quality Control: Needed for services requiring specific quality standards or certifications
3. Audit Rights: Include when regular auditing of service delivery or pricing is required
4. Business Continuity: Important for critical services requiring disaster recovery planning
5. Compliance with Group Policies: Include when specific group-wide policies need to be referenced
6. Exit Management: Required for complex services needing detailed transition arrangements
7. Insurance: Include when specific insurance coverage is required for service delivery
8. Anti-Corruption: Required when services involve high-risk activities or jurisdictions
9. Environmental Compliance: Include for services with environmental impact or requirements
1. Service Description Schedule: Detailed specifications of each service, including scope, deliverables, and exclusions
2. Service Levels and KPIs: Specific performance metrics, measurement methods, and reporting requirements
3. Fee Schedule: Detailed pricing structure, calculation methods, and transfer pricing documentation
4. Contact Details and Escalation Matrix: Key personnel contacts and procedure for issue escalation
5. Data Processing Agreement: GDPR-compliant terms for personal data processing
6. Group Policy Requirements: Relevant group policies and compliance requirements
7. Transition Plan: Steps and timelines for service implementation or transition
8. Business Continuity Plan: Procedures for maintaining service continuity in emergency situations
9. Form of Reports: Templates and formats for required service reports and documentation
Authors
Relevant legal definitions
Affiliate
Agreement
Applicable Law
Business Day
Charges
Confidential Information
Control
Data Protection Laws
Deliverables
Documentation
Effective Date
Force Majeure Event
GDPR
Good Industry Practice
Group
Group Company
Intellectual Property Rights
Key Performance Indicators
Material Breach
Parent Company
Personal Data
Personnel
Related Party
Service Credits
Service Hours
Service Levels
Services
Service Provider
Service Recipient
Specifications
Subsidiary
Term
Territory
Transfer Pricing Rules
Working Hours
Change Control Procedure
Completion Criteria
Emergency
Implementation Plan
Quality Standards
Response Time
Service Commencement Date
Service Components
Support Services
Transition Period
VAT
Agreement
Applicable Law
Business Day
Charges
Confidential Information
Control
Data Protection Laws
Deliverables
Documentation
Effective Date
Force Majeure Event
GDPR
Good Industry Practice
Group
Group Company
Intellectual Property Rights
Key Performance Indicators
Material Breach
Parent Company
Personal Data
Personnel
Related Party
Service Credits
Service Hours
Service Levels
Services
Service Provider
Service Recipient
Specifications
Subsidiary
Term
Territory
Transfer Pricing Rules
Working Hours
Change Control Procedure
Completion Criteria
Emergency
Implementation Plan
Quality Standards
Response Time
Service Commencement Date
Service Components
Support Services
Transition Period
VAT
Clauses
Parties and Definitions
Services Scope
Service Levels
Performance Standards
Service Provider Obligations
Service Recipient Obligations
Fees and Payments
Transfer Pricing
Invoicing
Personnel
Intellectual Property
Data Protection
Confidentiality
Compliance
Audit Rights
Record Keeping
Quality Control
Warranties
Liability
Indemnification
Insurance
Force Majeure
Term and Duration
Termination
Exit Management
Business Continuity
Change Control
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Amendments
Third Party Rights
Anti-Corruption
Group Policies Compliance
Reporting Requirements
Tax Compliance
Environmental Compliance
Services Scope
Service Levels
Performance Standards
Service Provider Obligations
Service Recipient Obligations
Fees and Payments
Transfer Pricing
Invoicing
Personnel
Intellectual Property
Data Protection
Confidentiality
Compliance
Audit Rights
Record Keeping
Quality Control
Warranties
Liability
Indemnification
Insurance
Force Majeure
Term and Duration
Termination
Exit Management
Business Continuity
Change Control
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Amendments
Third Party Rights
Anti-Corruption
Group Policies Compliance
Reporting Requirements
Tax Compliance
Environmental Compliance
Relevant Industries
Financial Services
Manufacturing
Technology
Healthcare
Retail
Energy
Professional Services
Telecommunications
Consumer Goods
Transportation and Logistics
Pharmaceuticals
Real Estate
Media and Entertainment
Relevant Teams
Legal
Finance
Tax
Compliance
Operations
Shared Services
Risk Management
Data Protection
Treasury
Corporate Services
Business Development
Internal Audit
Relevant Roles
Chief Financial Officer
Legal Counsel
Head of Tax
Compliance Officer
Operations Director
Group Controller
Transfer Pricing Manager
Commercial Director
Head of Shared Services
Risk Manager
Data Protection Officer
Treasury Manager
Corporate Services Director
Group Financial Controller
Business Unit Director
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