The short answer to this question commonly asked by individuals and organisations with a need to hire a professional outsourced process agent, is “yes”.
However, by providing fuller details on why process agency services may be required, and how such services operate, we can help you appreciate whether it should be an individual, or instead an organisation, that you appoint as your process agent.
Introducing the role of the professional outsourced process agent
The global economy has arguably never been exactly that – global – to a greater extent than it is now. This has crucial implications for how business is conducted across national borders, including the frequent need – when parties to a transaction are located in different countries – for a process agent to be put in place.
Even when only one, or perhaps none, of the parties in a given contractual agreement are actually located in England, the decision may be made that a given cross-border transaction will be governed by, and subject to, English law.
English law, after all, has a global prominence and reach that has long been recognised by the international legal community.
With the English legal system having a large body of judicial precedents, and its court verdicts being known for consistency and fairness, it should be no surprise that so many individuals and organisations prefer their commercial transactions to be governed by English law.
However, an issue can arise when one or multiple parties in a particular transaction do not have a physical presence in England.
If this situation occurs, the appointment of a process agent is typically a contractual requirement. A professional outsourced process agent being in place means that if a dispute occurs between the parties and court proceedings become necessary, the process agent would be able to receive court papers on the appointer’s behalf.
So, a process agent can be an individual or an organisation – but is one preferrable to the other?
A specific person certainly can serve as a process agent – receiving, accepting, and acknowledging service of process on the appointer’s behalf. However, there are a few reasons why you might be especially inclined to choose an organisation to occupy this role for you.
Firstly, a reputable company that has long provided process agency services for contracting parties is likely to be particularly well-placed to set up a process agency agreement quickly. Here at London Registrars, for instance, we always strive to set up a client’s agreement on the same day we receive instructions and remittance from them.
Secondly, a well-established organisation acting as a professional outsourced process agent will probably be able to offer attractive and well-optimised pricing for this service. This could include – as in the case of London Registrars – the ability to cater to multiple agreements in a single process agency deal.
Thirdly, the best possible process agent will also be able to act in a broader capacity for you once appointed. This wider work can encompass acting as a process agent for court actions, receiving documents in relation to arbitration proceedings, and receiving notices under contracts where there is a need for an independent party.
To learn more about the comprehensiveness and cost-effectiveness of our own process agency service, please feel free to click through to our brochure, or to call us on 0044 20 7608 0011.