PROCESS AGENT SERVICES

Process agent services

A Process Agent is a local agent in a foreign jurisdiction where the client does not have a presence but has entered legal documents governed by that jurisdiction. The client appoints this local agent to accept court papers from that jurisdiction on its behalf.

Clients who want to sign up to legal agreements governed by English law but do not have an office in England or Wales may require a Process Agent to accept service of process. The Amicorp UK office provides this Process Agent service.

 

KEY FEATURES

Why appoint a Process Agent?

Appointing a Process Agent is not always necessary under English law. Still, a counterparty in the legal agreement may require the client to appoint a Process Agent as part of the agreement. This is to ensure that they can enforce the terms of the legal agreement if needed. If a transaction does not have an office in England or Wales, the process for serving the court or arbitration papers can be very lengthy and cumbersome, as they will have to be served abroad (where relevant transaction party has its presence). It is, therefore, a business standard, and in many cases a requirement by the transaction parties, that each transaction party with no presence or representation in England or Wales appoints a process agent in England or Wales and agrees that service at the address of its process agent will constitute proper service for the purposes of the court or arbitration proceedings.

The Limitation Act, passed in 1980, specifies the limitation periods which apply to what it terms ‘simple contracts’ and deeds. The Limitation Act allows actions for breach of contract and tort, such as negligence, to be brought within six years under a simple contract and twelve years if the contract is executed as a more formal deed. Under English law, a ‘simple’ contract is one that is executed with one signature only. A deed is a contract or document executed with higher formalities than a single signature, for example, a contract that two directors must sign on behalf of a company.

The term Process means a summons or an order made by the court, and service is the proper delivery of these court documents.

A Process Agent can also accept notices on behalf of a client and forward on to them.

 

WHAT CAN AMICORP DO FOR YOU

Amicorp UK can provide its office address in London for a client to use in legal documents.

Deeds, legal agreements, letters of credit, contracts, transaction documentation such as loan credit facilities, leasing agreements, trust deeds, escrow agreements, swap/ cap ISDA Master agreements, NDAs, private placements, syndicate lending deals, aviation purchase, leasing, or financing, debt/equity capital markets offerings, crossborder disputes or arbitration proceedings are just some of the documents that clients may require a process agent for.

The client would appoint Amicorp UK for each relevant document that they have entered into under English Law in Amicorp’s Process Agent appointment agreement.

Amicorp UK will then accept the client’s process which may be served by the English Courts or arbitration. The process will be sent physically and/or electronically to the client as would have been agreed in Amicorp’s Process Agent appointment agreement. This will be all carried out in a timely manner so that the client can respond to the relevant English court or arbitration.

Yes, but multiple legal documents can be added as an appendix to the Process Agent appointment agreement or letter rather than multiple copies of the appointment document.

 

PROCESS AGENT SERVICE FEES
Compliance onboarding fee Annual fee for one document Additional annual fee per document
GBP 250-500 GBP 350 GBP 50

 

If the inquiry is on a Process Agent service appointment over five documents, please discuss directly with your Amicorp Account Manager, Sales Manager, or directly to the London office via email londonprocessagent@amicorp.com or telephone (+44 207 977 1250).