Intercompany Reimbursement Agreement for Hong Kong

Intercompany Reimbursement Agreement Template for Hong Kong

A comprehensive agreement governed by Hong Kong law that establishes the framework for reimbursement of expenses between related companies within the same corporate group. The document outlines the process for expense claims, payment terms, documentation requirements, and ensures compliance with Hong Kong transfer pricing regulations and tax laws. It includes specific provisions for record-keeping, audit rights, and dispute resolution, while incorporating necessary safeguards to maintain arm's length principles in accordance with Hong Kong's regulatory requirements.

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What is a Intercompany Reimbursement Agreement?

The Intercompany Reimbursement Agreement is essential for corporate groups operating in Hong Kong who need to establish clear procedures for the reimbursement of expenses between related entities. This document becomes necessary when group companies regularly incur expenses on behalf of each other or when shared services arrangements require systematic reimbursement mechanisms. The agreement ensures compliance with Hong Kong's transfer pricing regulations, tax laws, and corporate governance requirements while providing a structured approach to expense allocation and reimbursement. It is particularly important for multinational companies with Hong Kong operations and local groups requiring formal documentation of their intercompany arrangements.

What sections should be included in a Intercompany Reimbursement Agreement?

1. Parties: Identifies the group companies involved in the reimbursement arrangement

2. Background: Sets out the context of the agreement and relationship between the parties

3. Definitions and Interpretation: Defines key terms and interpretation rules

4. Scope of Reimbursable Expenses: Clearly defines what expenses are covered under the agreement

5. Reimbursement Process: Details the procedure for requesting and processing reimbursements

6. Payment Terms: Specifies timing, currency, and method of payment

7. Record Keeping and Documentation: Sets out requirements for maintaining proper records and supporting documentation

8. Transfer Pricing Compliance: Ensures compliance with transfer pricing regulations and arm's length principles

9. Term and Termination: Duration of the agreement and termination provisions

10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

11. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement

What sections are optional to include in a Intercompany Reimbursement Agreement?

1. Intellectual Property Rights: Include when reimbursable expenses involve creation or use of intellectual property

2. Data Protection: Include when personal data processing is involved in the reimbursement process

3. Tax Gross-up: Include when tax implications need to be addressed explicitly

4. Audit Rights: Include for larger groups or when enhanced oversight is required

5. Force Majeure: Include when needed to address potential disruptions to reimbursement processes

6. Confidentiality: Include when sensitive financial information needs additional protection

7. Service Level Requirements: Include when specific timing or quality standards need to be met for reimbursement processing

What schedules should be included in a Intercompany Reimbursement Agreement?

1. Schedule 1 - Eligible Expenses: Detailed list of expenses that qualify for reimbursement

2. Schedule 2 - Reimbursement Process Flow: Step-by-step procedure for submitting and processing reimbursement requests

3. Schedule 3 - Required Documentation: List of required supporting documents for reimbursement claims

4. Schedule 4 - Calculation Methodology: Details of how reimbursement amounts are calculated, including any markups or allocations

5. Schedule 5 - Contact Details: Key contacts for reimbursement processing and escalation

6. Appendix A - Reimbursement Request Form: Standard form for submitting reimbursement requests

7. Appendix B - Transfer Pricing Documentation: Required documentation to support transfer pricing compliance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Manufacturing

Technology

Professional Services

Retail

Healthcare

Real Estate

Energy

Telecommunications

Consumer Goods

Transportation and Logistics

Media and Entertainment

Relevant Teams

Finance

Accounting

Legal

Tax

Treasury

Compliance

Internal Audit

Risk Management

Accounts Payable

Financial Planning and Analysis

Corporate Governance

Relevant Roles

Chief Financial Officer

Financial Controller

Group Accountant

Tax Manager

Treasury Manager

Legal Counsel

Compliance Officer

Finance Director

Group Financial Manager

Transfer Pricing Specialist

Company Secretary

Accounts Payable Manager

Financial Planning Manager

Risk Manager

Internal Audit Manager

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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