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Intercompany Lease Agreement

Intercompany Lease Agreement Template for Canada

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Key Requirements PROMPT example:

Intercompany Lease Agreement

"Need an Intercompany Lease Agreement for our manufacturing subsidiary to lease a 50,000 sq ft industrial facility from our property holding company in Ontario, with specific provisions for shared utilities and environmental compliance requirements."

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Document background
The Intercompany Lease Agreement is essential for Canadian corporate groups managing internal property arrangements between affiliated entities. This document is typically used when one company within a corporate group owns real estate assets and leases them to another related company for operational purposes. It must comply with Canadian federal and provincial legislation, particularly regarding commercial tenancies, corporate relationships, and tax implications. The agreement includes specific provisions for transfer pricing compliance, ensuring arm's length terms while maintaining group operational efficiency. Key components cover property usage rights, maintenance responsibilities, cost allocations, and intercompany service arrangements, all structured to meet both commercial real estate and corporate governance requirements.
Suggested Sections

1. Parties: Identification of the related companies as landlord and tenant, including registration details and addresses

2. Background: Context of the intercompany relationship and purpose of the lease arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including specific intercompany and property-related terminology

4. Demise: Formal grant of lease, specifying the premises being leased

5. Term and Renewal: Duration of the lease and any renewal options

6. Rent and Other Payments: Rent structure, payment terms, and evidence of arm's length pricing for related party transaction compliance

7. Operating Costs and Utilities: Allocation of operating costs, utilities, and other expenses

8. Use of Premises: Permitted use of the leased premises and any restrictions

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements

10. Insurance and Indemnity: Insurance requirements and indemnification provisions

11. Assignment and Subletting: Rights and restrictions regarding assignment and subletting

12. Default and Remedies: Events of default and available remedies

13. Termination: Conditions and procedures for lease termination

14. Notices: Communication protocols and contact information

15. Governing Law: Specification of Canadian law and jurisdiction

Optional Sections

1. Shared Services: Details of any shared services between the related companies, such as reception, security, or IT services

2. Environmental Matters: Environmental obligations and compliance requirements, if relevant to the property type

3. Property Management: Specific arrangements for property management between related entities

4. Development Rights: Rights and obligations regarding future development or modification of the premises

5. Intercompany Service Level Agreements: Specific service levels and performance standards between the related companies

6. Tax Optimization Provisions: Specific provisions for tax efficiency while maintaining compliance

7. Change of Control: Provisions dealing with changes in corporate ownership or control

8. Intellectual Property Rights: Provisions regarding use of intellectual property if relevant to the premises or shared services

Suggested Schedules

1. Schedule A - Property Description: Detailed description of the leased premises, including floor plans and measurements

2. Schedule B - Rent Schedule: Detailed breakdown of rent calculations and payment schedule

3. Schedule C - Operating Costs: Detailed list of included operating costs and allocation methodology

4. Schedule D - Transfer Pricing Documentation: Documentation supporting arm's length nature of rental terms

5. Schedule E - Services Agreement: Details of any additional services provided between the parties

6. Schedule F - Maintenance Standards: Specified standards for maintenance and repair

7. Schedule G - Permitted Alterations: Pre-approved alterations or improvements

8. Schedule H - Form of Renewal Notice: Template for exercising renewal options

9. Appendix 1 - Building Rules and Regulations: Standard building rules and regulations

10. Appendix 2 - Environmental Standards: Environmental compliance requirements and standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
















































Clauses



































Relevant Industries

Real Estate

Manufacturing

Technology

Financial Services

Retail

Healthcare

Professional Services

Energy

Mining

Telecommunications

Construction

Transportation and Logistics

Relevant Teams

Legal

Finance

Real Estate

Facilities Management

Tax

Treasury

Corporate Secretariat

Compliance

Operations

Property Management

Asset Management

Relevant Roles

Chief Financial Officer

Real Estate Manager

Corporate Counsel

Legal Director

Property Manager

Facilities Manager

Tax Director

Corporate Secretary

Operations Director

Asset Manager

Finance Manager

Compliance Officer

Treasury Manager

Real Estate Director

Group Financial 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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