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Intercompany Cost Sharing Agreement
"I need an Intercompany Cost Sharing Agreement for my Philippine technology company to share IT infrastructure costs with three subsidiary companies, including provisions for quarterly true-up adjustments and specific allocation based on user headcount."
1. Parties: Identification of the participating companies, including their complete legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of the cost sharing arrangement
3. Definitions: Key terms used throughout the agreement, including 'Shared Costs', 'Cost Pool', 'Allocation Keys', 'Participating Parties', etc.
4. Scope of Cost Sharing: Detailed description of activities, services, or projects covered under the cost sharing arrangement
5. Cost Pool and Eligible Costs: Definition of costs to be shared and criteria for inclusion in the cost pool
6. Allocation Methodology: Detailed explanation of how costs will be allocated among participating parties, including allocation keys and calculations
7. Billing and Payment Terms: Procedures for billing, payment timing, currency, and payment methods
8. True-up Mechanisms: Procedures for periodic reconciliation and adjustment of estimated vs. actual costs
9. Documentation Requirements: Record-keeping obligations and supporting documentation requirements
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Dispute Resolution: Procedures for resolving disagreements between parties
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Required when the cost sharing involves development of IP or use of existing IP
2. Tax Compliance: Specific section addressing transfer pricing compliance when agreement involves international parties
3. Entry and Exit Provisions: Required when agreement needs to accommodate potential new participants or exit of existing ones
4. Confidentiality: Detailed confidentiality provisions when sensitive information is shared
5. Force Majeure: Required when parties want specific provisions for handling unforeseen circumstances
6. Limitation of Liability: Optional provisions limiting parties' liability in specific circumstances
7. Insurance Requirements: Required when shared activities involve significant operational risks
1. Schedule A - Participating Parties: List of all participating entities with their details and participation percentages
2. Schedule B - Eligible Costs: Detailed listing of costs that qualify for sharing under the agreement
3. Schedule C - Allocation Keys: Detailed methodology and formulas for cost allocation, including examples
4. Schedule D - Service Level Requirements: If applicable, specific service levels or performance metrics related to shared services
5. Schedule E - Billing and Reporting Templates: Standardized formats for cost reporting and billing
6. Appendix 1 - Transfer Pricing Documentation: Required documentation to support arm's length nature of arrangements
7. Appendix 2 - Governance Procedures: Detailed procedures for oversight and management of the cost sharing arrangement
Authors
Affiliate
Allocation Key
Arm's Length Principle
Business Day
Confidential Information
Cost Pool
Cost Sharing Arrangement
Direct Costs
Effective Date
Eligible Costs
Financial Year
Group
Indirect Costs
Initial Period
Intellectual Property Rights
Mark-up
Parent Company
Participating Party
Related Party
Service Provider
Service Recipient
Shared Costs
Shared Services
Supporting Documentation
Term
Territory
Transfer Pricing Guidelines
True-up Adjustment
Working Capital
Scope of Agreement
Cost Pool Formation
Cost Allocation Methodology
Payment Terms
True-up Mechanisms
Documentation Requirements
Audit Rights
Transfer Pricing Compliance
Confidentiality
Intellectual Property
Term and Termination
Force Majeure
Dispute Resolution
Governing Law
Entry and Exit Provisions
Warranties and Representations
Liability and Indemnification
Amendment and Modification
Notices
Assignment
Severability
Entire Agreement
Counterparts
Manufacturing
Technology
Financial Services
Professional Services
Healthcare
Retail
Energy
Telecommunications
Consumer Goods
Logistics
Real Estate
Shared Services
Legal
Finance
Tax
Treasury
Compliance
Corporate Governance
Shared Services
Operations
Risk Management
Internal Audit
Corporate Planning
Chief Financial Officer
Finance Director
Tax Director
Legal Counsel
Corporate Lawyer
Transfer Pricing Manager
Group Controller
Financial Controller
Compliance Officer
Treasury Manager
Shared Services Director
Operations Director
Risk Manager
Corporate Secretary
Chief Legal Officer
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