Many people and organisations might only become aware of the role of a process agent, when they are first looking to enter into an agreement for which the appointment of a process agent is necessary.
However, if there is one industry that has long been very familiar with process agents, it is the financial sector.
Below, then, we have set out what process agents are, the work they do, and the ways in which “agents for service of process” (as they are also sometimes called) are particularly relevant for many financial organisations.
A quick introduction to the process agent’s role
To summarise: a process agent is a person or organisation that accepts legal documents on another party’s behalf. A process agent – also occasionally referred to as a “registered agent” – acts as a local representative for a client that may not have its own registered office in the same jurisdiction.
It is often a condition of a particular agreement in the UK – for example, when one organisation in another part of the world is attempting to raise a loan from a financial institution in the UK – for the former party to appoint a UK-based process agent.
In this situation, such a measure can help protect the UK-based lender. This is because in the event of the appointing party (the party that took out the loan and appointed the process agent) defaulting on the loan, the lender would be able to commence legal proceedings relatively easily, by serving papers at the process agent’s UK address.
What types of financial-sector transactions involve a process agent being appointed?
One classic example of a situation in which a financial organisation will typically need an outsourced process agent, is when they will be engaged in interbank lending. This refers to the practice of banks lending and borrowing money from each other, which can be vital to such institutions’ management of their cash flow.
Here at London Registrars, we receive a lot of enquiries from financial organisations that need to have a process agent in place for certain agreements they may enter with banks, or branches of banks, all over the world.
These arrangements may encompass the likes of:
- ISDA Master Agreement contracts
This refers to the standard contract used to document derivative transactions between parties.
Created and published by the International Swaps and Derivatives Association (ISDA), this standard contract governs over-the-counter (OTC) derivatives transactions, stipulates the rights and obligations of the parties, and greatly helps reduce legal uncertainty.
- GMRA agreements
These arrangements, too, are based on a standardised legal contract, with the initialism standing for “Global Master Repurchase Agreement”.
This contract is published by the International Capital Market Association (ICMA). It is the widely accepted industry standard when it comes to documenting terms for repurchase agreement (repo) transactions between two parties.
Enquire to us today about putting the right process agent in place
If, then, your organisation looks to undertake a cross-border transaction, and you do not have a physical presence or a registered office in the jurisdiction of the governing law of the relevant transaction document, this is the kind of situation in which you can expect to need an outsourced process agent.
Have you been informed that the appointment of a process agent will be necessary as part of an agreement you are seeking to formalise with another organisation?
If so, please feel free to download and read our process agency brochure, followed by contacting us directly to discuss your specific needs. This will then enable us to provide you with an accurate quote for our service as a UK-based process agent.