If your organisation is entering a contract with a counterparty – such as a lender – that requires the appointment of a process agent, you may be unsure exactly what a process agent is, let alone what tasks they undertake or how you can select the right one.
A process agent is, to put it in the most basic terms, a representative upon whom court papers can be served. For simplicity’s sake, we’ll focus here on how process agents operate in the UK, although it is a role that exists across the world.
In the UK, it is made clear under the English Civil Procedure Rules that in order to start proceedings, certain steps must be taken. However, if one of the parties in a dispute lacks a UK address, the task of attempting to serve papers can become much more complicated and awkward.
If the process agent you’re considering offers the below, that’s a good sign
You can probably easily understand, then, why – if you are concluding an agreement with a company under English jurisdiction, whether or not that party in itself is based in England or the UK – they will typically require you to appoint a process agent as a condition of the deal.
So, is choosing an outsourced process agent simply a matter of choosing any company that might happen to provide this service? Or are there certain things that distinguish the most reputable process agents from those you might not have such a positive experience with?
Below, we have set out three things to keep an eye out for in your search for an outsourced process agent.
- Competitive and reasonable process agency fees
You will naturally wish to choose a process agency that offers a reasonably priced and cost-effective service. You can discover our latest applicable fees at London Registrars by downloading our process agency brochure, in which we set out the scale of charges for appointments up to one year, two years, three years, and all the way up to 10 years.
The fees that we publish in our brochure are on a per-appointor basis for one agreement. If multiple agreements will be involved in a single process agency deal, please enquire to us for a quote.
- A speedy and efficient service from day one
A reputable process agent will recognise that your need to enter the proposed arrangement with the other party may be an especially urgent one, thereby necessitating the quick appointment of the right process agent. Your chosen process agency should have therefore designed its service to cater to such urgent circumstances if they arise.
Here at London Registrars, for example, we always try to set up agreements with new clients on the same day we receive their instructions and remittance.
- A responsive and communicative approach
A process agency service might seem largely like a “set and forget” one. After all, you will very much hope that no dispute arises during the contract period that would necessitate your chosen process agent receiving formal notices from the other party.
However, in the event that moves are made to commence legal proceedings against you, with a formal notice being served, it will be important for your chosen process agent to immediately inform you of the latest situation.
Indeed, the process agent that you appoint should be highly communicative and transparent in general from the beginning of your relationship with them, so that you can be sure of always benefitting from the most up-to-date and accurate information.
Would you like to find out more about how, when you are choosing an outsourced process agent, London Registrars caters to all the above priorities and more? If so, you are welcome to reach out to our team via phone or email.