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Intra Group Transfer Agreement for India

Intra Group Transfer Agreement Template for India

A comprehensive legal agreement governed by Indian law that facilitates the transfer of employees, assets, or services between entities within the same corporate group. The document ensures compliance with Indian corporate law, employment regulations, and tax requirements, particularly the Companies Act 2013 and Income Tax Act 1961. It addresses crucial aspects such as employee rights, benefit continuation, transfer pricing, and regulatory compliance while providing a structured framework for implementing intra-group transfers in accordance with Indian legal requirements and business practices.

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What is a Intra Group Transfer Agreement?

The Intra Group Transfer Agreement is essential for corporate groups operating in India who need to transfer employees, assets, or services between affiliated entities. This document is particularly crucial in the Indian context due to strict regulatory requirements under the Companies Act 2013, Income Tax Act 1961, and various employment laws. It's commonly used during corporate restructuring, optimization of resources, or establishment of shared service centers. The agreement must carefully balance corporate efficiency with regulatory compliance, particularly regarding transfer pricing, employee rights, and related party transactions. The document includes detailed provisions for transfer processes, preservation of employee benefits, financial arrangements, and necessary regulatory approvals, all while ensuring alignment with Indian legal requirements.

What sections should be included in a Intra Group Transfer Agreement?

1. Parties: Identification of the transferor and transferee group companies

2. Background: Context of the transfer arrangement and relationship between group entities

3. Definitions: Key terms used throughout the agreement

4. Scope of Transfer: Details of what is being transferred (employees, assets, services) between group entities

5. Transfer Process: Step-by-step procedure for implementing the transfer

6. Employee Rights and Benefits: Preservation of employee terms, continuity of service, and benefit transfers

7. Financial Terms: Payment terms, transfer pricing arrangements, and cost allocation

8. Tax Implications: Treatment of tax liabilities and compliance requirements

9. Representations and Warranties: Standard commitments from both parties regarding authority and compliance

10. Confidentiality: Protection of sensitive information exchanged during the transfer

11. Duration and Termination: Term of the agreement and circumstances for termination

12. Governing Law and Jurisdiction: Confirmation of Indian law application and dispute resolution process

What sections are optional to include in a Intra Group Transfer Agreement?

1. International Transfer Provisions: Required when transfers involve cross-border elements, addressing FEMA compliance

2. Intellectual Property Rights: Needed when transfer involves IP assets or licenses

3. Data Protection: Detailed section required when significant personal or sensitive data is involved

4. Non-Competition: Optional restrictions on competitive activities, if relevant

5. Training and Transition Support: Details of any training or support provided during transition

6. Force Majeure: Protection against unforeseen circumstances affecting transfer implementation

7. Parent Company Guarantee: When additional financial security is required for the transfer

What schedules should be included in a Intra Group Transfer Agreement?

1. Schedule 1 - List of Transferring Employees: Detailed list of employees being transferred with relevant details

2. Schedule 2 - Transfer Timeline: Detailed timeline for implementation of the transfer

3. Schedule 3 - Financial Terms and Calculations: Detailed breakdown of financial arrangements and transfer pricing methodology

4. Schedule 4 - Employee Benefits and Terms: Comprehensive list of employee benefits and terms being transferred

5. Schedule 5 - Assets and Resources: Inventory of any physical or digital assets being transferred

6. Appendix A - Required Regulatory Approvals: List of necessary regulatory approvals and compliance requirements

7. Appendix B - Transfer Documentation: Templates and forms required for the transfer process

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Transfer Agreement

Cost

Free to use
Relevant legal definitions




































Clauses


































Relevant Industries

Manufacturing

Information Technology

Financial Services

Telecommunications

Pharmaceuticals

Consumer Goods

Professional Services

Energy and Utilities

Infrastructure

Automotive

Retail

Healthcare

Relevant Teams

Legal

Human Resources

Finance

Tax

Compliance

Operations

Corporate Secretarial

Risk Management

Internal Audit

Employee Relations

Relevant Roles

Chief Legal Officer

Head of Human Resources

Transfer Pricing Manager

Corporate Counsel

HR Business Partner

Finance Director

Compliance Officer

Tax Manager

Operations Director

Group HR Manager

Company Secretary

Chief Financial Officer

Legal Counsel

HR Operations Manager

Group Finance Controller

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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