Under the English court procedures, it is vital to serve papers to start the proceedings accurately. If a party that does not have a physical address within the UK, the procedure for serving these documents abroad is complicated and lengthy. It is therefore conventional and usually required by the UK unit supplying the loan or service – for a foreign entity to appoint a UK based service agent and also agree that service at the address of the process agent is going to constitute right service for the purposes of the court procedural needs and requirements.
Process Agent – Who Is It?
A process agent, who is also called as a service agent, registered agent, agent for service of process, registered agent for the service of process or even a resident agent, is basically a business which accepts service of documents, proceedings and notices on behalf of its foreign clients in situations where, generally because of contractual compulsions, it is not possible for them to be served abroad.
When Is A Process Agent Required?
The role of registered agents is crucial for several overseas businesses that are dealing with tenders or suppliers in the UK. A typical scenario requiring the appointment of a registered agent is where a foreign business raises a loan from a UK based financial institution. The lending bank will ask for the appointment of a UK based agent to receive official notices should the borrower default on the loan.
A service/process agent can also act in a much broader capacity for the appointing entity, including acting as a service agent for receiving the documentation in regards with arbitration proceedings as well as receiving notices under agreements where an independent or third-party is required.
What Aspect Should Be Taken into Account While Appointing A Process Agent?
Generally contracts that ask for a process agent are mainly long-term arrangements. The appointers should be able to assess the reliability and competency of available agent for service process in terms of their level of risk involved, market presence, experience in offering their services along with their efficiency in responding to their client’s inquiries and evidences of delivering superior quality service like ISO accreditation.
By doing his, the appointer can make certain that it complies will all of its contractual compulsion, and that it interests are being represented in the UK to the highest standards.