The role of a process agent is not always well-understood. This is unfortunate, given that the appointor of a process agent is typically required to make this appointment in adherence to contractual terms, instead of it being a mere “optional extra”.
The situation in which a process agent usually needs to be appointed, is as follows: a party (such as a business based outside of the UK) is looking to enter into a contract with a counterparty (which may be a business based in the UK, although this isn’t always the case).
One example of the above kind of arrangement is a non-UK business seeking to raise a loan from a City institution in the UK. In this situation, the contract may be signed in England, with English court procedure rules therefore being applicable if a dispute arises between the two parties.
How a UK process agency service works
In a circumstance like the one described above, the latter of those two parties – the counterparty – may be anxious about the possibility of the borrower defaulting on the loan.
After all, if this situation was to occur, and the borrowing party does not have a legal address in England, the counterparty could face a longwinded and cumbersome process to serve papers abroad as a means of starting legal proceedings.
This helps to explain why the counterparty will typically require – as part of the initial contract – the borrower to agree to appoint a process agent. A UK process agent being appointed, then, gives the overseas entity a legal address in the UK that will accept service of notices, proceedings, or documents on the overseas client’s behalf.
So, if you are reading this as the party that needs to appoint a UK process agent to comply with contractual provisions, you won’t have a choice as to whether you appoint one (unless, of course, you don’t enter into an arrangement with the counterparty at all).
You may, however, have a choice in terms of the exact process agent you select to represent you in the UK. When you are making that decision, you will need to take into account factors such as the following:
- How quickly the process agency agreement can be set up. If you choose London Registrars, for instance, we will strive to set up your agreement on the same day we receive your instructions and remittance.
- The all-round reputation of the process agent. London Registrars has a superb track record as a dependable process agent in the UK, having long represented the interests of a broad range of clients.
- The comprehensiveness of the process agent’s services. The most suitable UK process agent will be able to work in a broader capacity for your organisation. You will need to be confident in the process agent’s ability to receive documents in connection with arbitration proceedings, and to receive notices under contracts.
- The fees the process agent charges for its services. You should not – of course – choose any process agent in the UK purely on the basis of how low its fees are. Nonetheless, you are likely to be thankful for a process agent that is clear in setting out its fees; you can see our own latest charges at London Registrars when you download our process agency brochure.
If you have any further questions about the factors that might make London Registrars your best option when you are looking to make an outsourced process agent appointment, please call us on 0044 20 7608 0011. Alternatively, you can fill in our process agency form, returning it unsigned to us by email via [email protected].
When you do, we will be able to review your case, and issue you with an exact quote for this service.