Inter Group Agreements

Data protection legislation does not recognize business groups. It treats all legal persons in the group as third parties. The rules for sharing and processing data therefore apply between companies within a group that would apply to external third parties. In a group structure, it inevitably becomes an interdependence. Employees may be employed by one company, computers and computer equipment considered “in the possession” of another for accounting purposes. In these scenarios, the employer and the owner of the computer equipment provide IT services to other companies in the group. In particular in the financial services sector, regulation implies that some companies may only engage in limited activities that may not include the employment of staff or the possession of computer equipment, and a service company has been created to fulfill the role of the employer, thus creating a more complex group structure. From the point of view of a group company in the United Kingdom proposing an Intercompany agreement, this agreement could well be important in the context of the company`s activities. The statutes of such a company generally provide that the company is managed by its directors, i.e.

directors acting collectively by decision of the board of directors. In this case, it would be appropriate to consider the terms of the agreement at a board meeting, unless the board of directors has already delegated delegated authority to a single director or board of directors and the scope of the authority granted extends to this type of agreement. For the most part, intercompany agreements can be structured in three ways: the development of an intercompany agreement is the best way to adopt a multidisciplinary approach. Tax and financial experts develop transfer pricing documentation, but may not have the expertise to establish legal documents. Similarly, lawyers are generally in the dark about transfer pricing rules. It is therefore important to ensure that the right people and skills are on board. This article aims to clean up a guide to the implementation of intercompany agreements with minimal time and cost, which improve rather than undermine the group`s transfer pricing policy.