The Intercompany Agreement Between Parent And Subsidiary is a fundamental document used to formalize and govern the relationship between related corporate entities in Canada. It is essential when establishing or updating the operational, financial, and governance framework between a parent company and its subsidiary. The agreement ensures compliance with Canadian corporate law, tax regulations, and transfer pricing requirements while defining services, responsibilities, and obligations between the entities. This document is particularly important for maintaining proper corporate governance, satisfying regulatory requirements, and establishing clear protocols for intercompany transactions. It should be implemented when creating new subsidiary relationships, updating existing arrangements, or formalizing current practices to ensure proper documentation for tax and legal purposes.
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1. Parties: Identification of the parent company and subsidiary, including registration details and addresses
2. Background: Context of the agreement, corporate relationship, and purpose of the arrangement
3. Definitions: Defined terms used throughout the agreement
4. Scope of Services/Relationship: Detailed description of services, support, or arrangements between the parties
5. Financial Arrangements: Payment terms, transfer pricing methodology, and financial obligations
6. Governance and Control: Parent company's control rights and subsidiary's reporting obligations
7. Regulatory Compliance: Commitment to comply with relevant laws and regulations
8. Confidentiality: Protection of confidential information between parties
9. Term and Termination: Duration of agreement and termination provisions
10. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Intellectual Property Rights: Include when IP sharing or creation is part of the relationship
2. Employee Secondment: Include when employees will be shared between entities
3. Shared Services: Include for arrangements involving shared corporate services
4. Tax Cooperation: Include detailed tax provisions for complex cross-border arrangements
5. Data Protection: Include when significant data sharing occurs between entities
6. Brand Usage: Include when subsidiary has rights to use parent company's branding
7. Group Policies Compliance: Include when enforcing specific group-wide policies
8. Insurance Requirements: Include when specific insurance arrangements are needed
1. Schedule A - Services Description: Detailed description of services or arrangements between parties
2. Schedule B - Pricing and Payment Terms: Detailed pricing methodology and payment arrangements
3. Schedule C - Service Levels: Performance metrics and service level requirements
4. Schedule D - Governance Procedures: Detailed procedures for oversight and reporting
5. Schedule E - Compliance Requirements: Specific regulatory and policy compliance requirements
6. Appendix 1 - Contact Details: Key contact persons and their details for both parties
7. Appendix 2 - Group Policies: Relevant corporate group policies applicable to the relationship
8. Appendix 3 - Transfer Pricing Documentation: Required transfer pricing methodologies and documentation
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