There are many reasons why the appointment of an English-speaking outsourced process agent can make practical sense, in addition to being reassuring to all affected parties.
According to English court procedure rules, in order for proceedings to be started correctly, it is necessary to serve papers. This may be a relatively straightforward process if the party that is to receive such papers has an address in England.
However, in today’s world of routine cross-border commerce, there can be many situations in which this is not the case.
A UK-based outsourced process agent could give your organisation an important UK presence for receiving notices
Yes, in situations like the aforementioned, papers could theoretically be served outside the UK, in a country where the given entity does have an office. However, this can be a longwinded and complicated task – one that becomes even more so if there are any language barriers making communications between the various parties more difficult.
So, if – for example – you are an organisation based outside of the UK that is dealing with suppliers or tenders in the UK, and you don’t have an office in the UK, agreeing to appoint a UK-based and English-speaking outsourced process agent could be a straightforward way to give your organisation such a UK presence.
This UK-based process agent would then be able to receive formal notices on your behalf. Such a process agent could act in a relatively broad capacity for your organisation in the UK – receiving documents, for instance, in connection with arbitration proceedings, and receiving notices under contracts where there is a need for an independent third party.
The appointment of a UK process agent might be very far from an ‘optional extra’
You might have heard that it isn’t legally mandatory to have a process agent in the UK, which may have caused you to question the need for one.
In practice, however, if you are an entity outside of the UK looking to enter an agreement with a UK organisation under English law – a classic example being an organisation in America raising a loan from a City institution – the UK-based party will often refuse to provide you with the given loan or service unless you agree to appoint a UK process agent as part of the contract.
This is an important protective measure for the UK-based service or loan provider. It gives them a route to enforcing the terms of the contract if this becomes necessary at any stage, such as if the borrower from outside the UK defaults on the loan.
Here at London Registrars, we have a well-established reputation as an English-speaking outsourced process agent that acts with the utmost professionalism at all times. We can set up a process agency agreement with your organisation on the same day we receive your instructions and remittance.
When it comes to dealing with all the complexities of contracting across national borders, it is hugely important to introduce simplicity and predictability to arrangements such as the agreement you have with your chosen UK process agent.
A further benefit of choosing a well-regarded English-speaking outsourced process agent like London Registrars, is that you can expect quick and easy-to-understand answers to any questions you have. So, please don’t hesitate to contact us for further information and advice in relation to our process agency services and expertise.