51Ƶ

Intercompany Settlement Agreement Template for India

A comprehensive legal document governed by Indian law that formalizes the settlement of financial obligations, transactions, and balances between related companies within the same corporate group. The agreement encompasses detailed payment terms, tax implications, and compliance requirements under Indian corporate law, including the Companies Act 2013 and relevant tax regulations. It provides a structured framework for resolving intercompany accounts while ensuring proper corporate governance, regulatory compliance, and appropriate documentation for audit purposes.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5

What is a Intercompany Settlement Agreement?

The Intercompany Settlement Agreement is essential for corporate groups operating in India who need to formalize and document the settlement of intercompany balances, transactions, and financial obligations. This document is typically used when group companies need to reconcile and settle accumulated intercompany balances, implement group-wide financial restructuring, or establish formal payment arrangements between related entities. The agreement must comply with Indian regulatory requirements, including the Companies Act 2013, Income Tax Act 1961, and transfer pricing regulations. It's particularly important for audit compliance, tax documentation, and corporate governance purposes, especially in cases involving significant intercompany transactions or cross-border settlements. The document includes detailed settlement terms, payment mechanisms, tax considerations, and necessary corporate approvals, providing a clear legal framework for intercompany settlements.

What sections should be included in a Intercompany Settlement Agreement?

1. Parties: Identification of the group companies entering into the settlement agreement, including registration details and addresses

2. Background: Context of the intercompany transactions and reason for the settlement agreement

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

4. Settlement Amount: Details of the amounts to be settled between the parties

5. Payment Terms: Timeline and method of payment, including banking details and currency

6. Tax Considerations: Treatment of taxes, including TDS, GST, and other applicable taxes

7. Representations and Warranties: Standard representations about corporate authority, binding nature of agreement, and accuracy of information

8. Release and Discharge: Mutual release from claims covered by the settlement

9. Confidentiality: Obligations regarding confidentiality of the agreement and settlement terms

10. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

11. Notices: Process and addresses for serving notices under the agreement

12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

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

1. Foreign Exchange Compliance: Required when settlement involves cross-border payments or foreign currency

2. Group Company Guarantees: When parent company or group company guarantees are required for the settlement

3. Transfer Pricing Compliance: Detailed section on transfer pricing when settlement involves significant related party transactions

4. Set-off Rights: Rights to set off amounts against other intercompany balances

5. Interest Provisions: Terms for interest on delayed payments or historical amounts

6. Regulatory Approvals: When specific regulatory approvals are required for the settlement

7. Force Majeure: Required when long-term payment arrangements are involved

8. Step-in Rights: When parent company intervention rights are needed

What schedules should be included in a Intercompany Settlement Agreement?

1. Schedule 1 - Settlement Calculations: Detailed breakdown of the settlement amounts and calculations

2. Schedule 2 - Payment Schedule: If payments are to be made in installments, detailed payment timeline

3. Schedule 3 - Related Party Transactions: List of historical transactions being settled

4. Schedule 4 - Corporate Authorizations: Copies of board resolutions and other corporate approvals

5. Schedule 5 - Bank Account Details: Detailed banking information for settlement payments

6. Appendix A - Group Structure: Diagram showing relationship between settling parties

7. Appendix B - Tax Certificates: Relevant tax registration certificates and declarations

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

Jurisdiction

India

Publisher

Genie AI

Cost

Free to use

Find the exact document you need

Master Intercompany Services Agreement

An Indian law-governed agreement template for managing service arrangements between related companies within a corporate group, ensuring regulatory compliance and operational efficiency.

Download

Intragroup Loan Agreement

An Indian law-governed agreement facilitating loan arrangements between companies within the same corporate group, ensuring compliance with Indian corporate and financial regulations.

Download

Intercompany Recharge Agreement

An Indian law-governed agreement establishing the framework for cost allocation and charging between group companies, ensuring regulatory compliance and transparent cost sharing.

Download

Intercompany Agreement Transfer Pricing

Template for transfer pricing arrangements between related entities under Indian law, ensuring compliance with transfer pricing regulations and documentation requirements.

Download

Intercompany Agreement Between Parent And Subsidiary

An Indian law-governed agreement establishing the formal business relationship and operational framework between a parent company and its subsidiary.

Download

Intercompany Shared Services Agreement

An Indian law-governed agreement structuring shared services arrangements between group companies, including service delivery, pricing, and compliance requirements.

Download

Intercompany Credit Agreement

An Indian law-governed agreement establishing credit arrangements between related companies within the same corporate group, including loan terms, regulatory compliance, and security provisions.

Download

Intercompany Cost Sharing Agreement

An Indian law-governed agreement establishing cost sharing arrangements between related corporate entities, including allocation methodology and regulatory compliance requirements.

Download

Intercompany Settlement Agreement

An Indian law-governed agreement that formalizes the settlement of financial obligations and transactions between related companies within the same corporate group.

Download

Intercompany Subordination Agreement

An Indian law-governed agreement establishing debt priority and payment hierarchies between different entities within a corporate group.

Download
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it