Engagements › Cobalt Bay Resorts › Draft agreement: Brand licence to the hotels
Draft Agreement From The Policy
Brand licence to the hotels. Every clause is drafted from the transfer pricing policy and the functional analysis, and says where it came from. Anything the file does not settle is left open, in brackets.
Brand licence agreement
Between Cobalt Bay Brands Ltd (the Licensor) and Cobalt Bay Hotels Hellas S.A. (the Licensee).
Source: Transaction record
1. Licence
The Licensor grants the Licensee a non-exclusive licence to use the group brands in its territory.
Source: Group transfer pricing policy §5
2. Royalty
The Licensee pays a royalty on its net sales at a rate [to be agreed: the policy states no rate and no study supports one in the file].
Source: Group transfer pricing policy §5 · open point
3. Payment
Invoices are payable within 60 days.
Source: Group transfer pricing policy
4. Risks
[to be agreed: no risk analysis in the file]
Source: Functional analysis, risks · open point
5. Arm's length
The parties intend the terms to be at arm's length and will adjust them if a review shows they are not.
Source: OECD Guidelines 1.6; Income Tax Law s.33(6)
6. Term and law
Effective from 1 January of the year; [term, termination and governing law to be agreed by the parties].
Source: Not in the file · open point