If you have landed on this page having searched online for information about what a process agent is and how this type of service works, you are in the right place.
Our team at London Registrars is ready to give your organisation outside the UK the benefit of a UK-based process agent, who will be able to receive formal notices on your behalf.
However, at this stage, there may also be various things you don’t know about what a process agent does and doesn’t do. So, we thought we would outline a few things that mark out process agency services, to guide you in your choices.
Process agents are known by various terms. A process agent isn’t always referred to as a ‘process agent’; sometimes, you might have come across references to terms like ‘agent for service of process’, ‘registered agent’, or ‘resident agent’. Regardless, these all describe the same service.
Whilst it is not a legal requirement to appoint a process agent, you may find that in the event of your organisation wanting to enter into a contract under English law, the counterparty may require you to appoint a UK process agent as part of the contract terms. This would facilitate the counterparty achieving “service” of legal documents on you should it be necessary for them to take court action to enforce the contract at any point in case of you defaulting on it.
A process agent can fulfil various important functions. Another classic example of a situation, where the appointment of a UK process agent may become relevant, is when a business outside the UK wants to raise a loan from a City institution, or even from the European Bank for Reconstruction and Development, such a loan is unlikely to be granted unless a process agent who is acceptable to the counterparty (the lendor) has been appointed to ensure service is achieved for action in the UK courts to be taken, should you later default on that loan agreement.
However, as a non-UK entity looking to appoint a process agent in the UK, it is worth you bearing in mind the various capacities in which your process agency can act. They might act as a process agent for court actions, receive documents in relation to arbitration proceedings, and receive notices under contracts where there is a need for an independent party.
A process agent isn’t a role that can be filled by just anyone. When you are comparing your options for an agent for service of process, it is crucial to ensure the process agent instils confidence in both the appointing company and the counter- party in any given contract. In other words, a process agent fulfils the role of a trusted professional, which helps to explain why so many organisations and individuals place the utmost faith in London Registrars’ own well-regarded process agency service.
Finally, a process agent is different from a process server. It is important not to get these two distinctly different services confused. One could say that it is almost the opposite of each other in that the purpose of a process agent is to receive service of process on behalf of their client (often called ‘the appointor’) whereas a process server’s role is to serve proceedings on the counterparty.
Would you appreciate further advice and guidance in relation to our professional and cost-effective process agent service, and its relevance to your organisation? If so, you are welcome to enquire to our team here at London Registrars today via email or phone.
November 2022