A process agent is a
representative
Representative may refer to:
Politics
* Representative democracy, type of democracy in which elected officials represent a group of people
* House of Representatives, legislative body in various countries or sub-national entities
* Legislator, som ...
upon whom
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
papers may be served. In the US, the role is generally a requirement of US State law and is known as a
registered agent
In United States business law, a registered agent (also known as a resident agent, statutory agent, or agent for service of process) is a business or individual designated to receive service of process (SOP) when a business entity is a part ...
, a resident agent or statutory agent. Process agents are also utilized in the US by
truck drivers
A truck driver (commonly referred to as a trucker, teamster, or driver in the United States and Canada; a truckie in Australia and New Zealand; a HGV driver in the United Kingdom, Ireland and the European Union, a lorry driver, or driver in ...
,
brokers
A broker is a person or firm who arranges transactions between a buyer and a seller for a commission when the deal is executed. A broker who also acts as a seller or as a buyer becomes a principal party to the deal. Neither role should be confu ...
or
freight forwarders
A freight forwarder, or forwarding agent, is a person or company who, for a fee organizes shipments for individuals or corporations to get goods from the manufacturer or producer to a market, customer or final point of distribution. for similar purposes. Process agents that provide nationwide coverage for motor carriers are commonly referred to as blanket companies.
In the UK, a process agent is a contractual relationship, permitted by the Civil Procedure Rules.
England and Wales
Under English Civil Procedure Rules, it is necessary to serve papers to start proceedings correctly. If a party does not have an address within the United Kingdom, the procedure for serving these papers can be lengthy and complicated, with proof of service particularly difficult in some circumstances.
It is therefore customary to appoint a process agent and contractually agree that service at the address of the agent will constitute proper service for the purposes of Rule 6.1.1 of the Civil Procedure Rules. In order to meet the requirements of Rule 6.1.1, an appropriate contractual clause needs to be inserted into the agreement specifying the details of the appointment.
It is also possible to appoint a Process Agent for the purposes of arbitration proceedings in a similar manner.
The role of a process agent is a vitally important service for many businesses dealing with suppliers, banks or tenders in the UK. Process agents accept service of notices, proceedings or documents on behalf of their overseas clients in situations where it is not possible for them to be served abroad. A process agent can act in a broad capacity for a company including but not limited to; acting as a process agent for court actions, receiving documents in connection with arbitration proceedings and receiving notices under contracts where an independent party is needed.
A typical example of a process agency arrangement is where an overseas entity raises a loan from a city institution. Often the lending bank will require the appointment of a UK-based process agent to receive formal notices should the borrower default on the loan.
References
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Agency law
Business law
Legal professions