The Intercompany Asset Transfer Agreement is a crucial document used when companies within the same corporate group need to transfer assets between themselves in South Africa. This agreement is particularly important in corporate restructuring, group reorganizations, and strategic asset reallocation scenarios. It must comply with South African legislation, including the Companies Act, Income Tax Act, and where applicable, Competition Act and Exchange Control Regulations. The document typically includes detailed descriptions of assets being transferred, valuation methodologies, tax implications, warranties, and regulatory compliance measures. It's essential for maintaining proper corporate governance, ensuring tax efficiency, and creating a clear audit trail for intercompany transactions. The agreement becomes especially critical when dealing with high-value assets, cross-border transfers, or transactions that might attract regulatory scrutiny.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identification of the transferor and transferee companies, including registration numbers and registered addresses
2. Background: Context of the transfer, relationship between the parties, and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Description of Assets: General description of assets being transferred, with reference to detailed schedules
5. Purchase Price and Payment Terms: Agreed value of assets and payment arrangements, including transfer pricing considerations
6. Effective Date and Transfer: Specified date of transfer and mechanics of transferring ownership
7. Warranties and Representations: Standard warranties regarding ownership, condition of assets, and authority to transfer
8. Tax Matters: Treatment of tax implications, including VAT, capital gains, and other applicable taxes
9. Regulatory Compliance: Confirmation of compliance with relevant laws and regulations
10. Risk and Insurance: Transfer of risk and responsibility for insurance of assets
11. General Terms: Standard contractual provisions including notices, governing law, and dispute resolution
1. Competition Law Compliance: Required when asset transfer size triggers competition law thresholds
2. Employee Matters: Needed when transfer includes employees or affects employment relationships
3. Intellectual Property Rights: Required when transfer includes IP assets or licenses
4. Environmental Matters: Necessary when assets have environmental implications or liabilities
5. Transitional Services: Required when ongoing support is needed post-transfer
6. Exchange Control: Needed for cross-border transfers or foreign ownership implications
7. Security Arrangements: Required when payment terms include security or guarantees
8. Third Party Consents: Needed when transfers require external approvals or notifications
1. Schedule 1 - Asset Register: Detailed listing of all assets being transferred with descriptions and identification numbers
2. Schedule 2 - Excluded Assets: List of specific assets explicitly excluded from the transfer
3. Schedule 3 - Valuation Report: Independent valuation of assets for transfer pricing compliance
4. Schedule 4 - Transfer Timeline: Detailed timeline for physical transfer of assets and completion steps
5. Schedule 5 - Existing Encumbrances: List of any existing liens, encumbrances or restrictions on the assets
6. Schedule 6 - Required Consents: List of third-party consents and regulatory approvals required
7. Schedule 7 - Technical Specifications: Detailed technical information for complex assets or equipment
8. Appendix A - Transfer Forms: Standard forms required for transfer of specific assets
Find the exact document you need
Intercompany Recharge Agreement
A South African law-governed agreement establishing the framework for cross-charging costs and services between related companies within the same corporate group.
Download
Intercompany Agreement For Services
South African law-governed agreement regulating service provision between related companies within a corporate group, ensuring legal and regulatory compliance.
Download
Intercompany Employee Transfer Agreement
South African law-governed agreement facilitating employee transfer between related companies while maintaining employment continuity and legal compliance.
Download
Intercompany Shared Services Agreement
South African law-governed agreement structuring shared services arrangements between group companies, including service delivery, pricing, and compliance requirements.
Download
Intercompany Asset Transfer Agreement
A South African law-governed agreement for transferring assets between related companies within the same corporate group, ensuring regulatory compliance and proper documentation of transfer terms.
Download
Intercompany Subordination Agreement
A South African law agreement establishing the ranking and subordination of intercompany debts within a corporate group structure.
Download
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
.png)