Intercompany Service Agreement for Malta

Intercompany Service Agreement Template for Malta

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Intercompany Service Agreement

"I need an Intercompany Service Agreement for our Malta-based fintech parent company to provide IT infrastructure and support services to our three subsidiary companies, with specific provisions for data protection and cybersecurity compliance."

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What is a Intercompany Service Agreement?

This document serves as the primary agreement for establishing service arrangements between companies within the same corporate group under Maltese law. An Intercompany Service Agreement is essential when one group company provides specific services to another, requiring clear definition of service scope, payment terms, and compliance with Maltese regulatory requirements. It is particularly important for transfer pricing documentation, tax compliance, and corporate governance purposes. The agreement typically covers various services such as management, administrative, technical, or operational support, while ensuring compliance with Maltese Companies Act, tax regulations, and data protection laws. It's commonly used by international groups with Maltese operations and local companies with multiple subsidiaries.

What sections should be included in a Intercompany Service Agreement?

1. Parties: Identification of the service provider and service recipient companies, including registration details and registered offices

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

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

4. Services: Detailed description of services to be provided, service levels, and delivery requirements

5. Fees and Payment Terms: Service fees, calculation methodology, payment schedule, and invoicing requirements

6. Duration and Termination: Term of the agreement, renewal provisions, and termination rights

7. Obligations of the Service Provider: Key responsibilities and commitments of the providing company

8. Obligations of the Service Recipient: Key responsibilities and commitments of the receiving company

9. Intellectual Property Rights: Ownership and usage rights of IP created or used in providing services

10. Confidentiality: Protection of confidential information exchanged between parties

11. Data Protection: GDPR compliance and data handling requirements

12. Liability and Indemnification: Limitation of liability and indemnification provisions

13. Force Majeure: Provisions for handling events beyond parties' reasonable control

14. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes

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

1. Personnel and Secondment: Used when services involve staff secondment or shared employees between companies

2. Quality Standards: Include when specific quality metrics or standards must be maintained

3. Audit Rights: Important when regular auditing of services or costs is required

4. Insurance: Include when specific insurance coverage is required for services

5. Anti-Corruption and Compliance: Add for international group arrangements or regulated industries

6. Change Control: Include when services may need frequent modification or adjustment

7. Business Continuity: Important for critical services or regulated industries

8. Exit Management: Include when complex transition arrangements may be needed upon termination

What schedules should be included in a Intercompany Service Agreement?

1. Schedule 1 - Services Description: Detailed specification of services, including scope, deliverables, and exclusions

2. Schedule 2 - Service Levels: Specific performance metrics, KPIs, and service level requirements

3. Schedule 3 - Fees and Calculations: Detailed fee structure, cost allocation methodology, and transfer pricing documentation

4. Schedule 4 - Key Personnel: List of key staff involved in service delivery and their roles

5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and requirements

6. Appendix A - Contact Details: Key contacts for both parties for various aspects of the agreement

7. Appendix B - Group Company List: List of all group companies covered by or potentially participating in the agreement

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Pharmaceutical

Gaming and iGaming

Maritime

Healthcare

Retail and Consumer Goods

Real Estate and Property Management

Telecommunications

Energy and Utilities

Relevant Teams

Legal

Finance

Tax

Compliance

Operations

Corporate Governance

Risk Management

Procurement

Treasury

Internal Audit

Relevant Roles

Chief Financial Officer

Legal Counsel

Head of Tax

Group Financial Controller

Compliance Officer

Company Secretary

Operations Director

Chief Executive Officer

Commercial Director

Head of Procurement

Financial Director

Risk Manager

Transfer Pricing Specialist

Group Accountant

Corporate Governance Officer

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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