Process agent: Difference between revisions
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A '''process [[agent (law)|agent]]''' is a representative upon whom [[court]] papers may be served. They typically represent carriers or [[freight forwarder]]s, as a process agent can act to serve as a point of contact and a legal address for [[contract]] purposes in a country where the actual entity does not have an office. |
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{{Globalize|date=May 2024}} |
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A '''process agent''' or '''process server''' is a [[agent (law)|representative]] upon whom [[court]] papers may be served. In the US, the role is generally a requirement of US State law and is known as a [[registered agent]], a resident agent or statutory agent. Process agents are also utilized in the US by [[truck drivers]], [[brokers]] or [[freight forwarders]]<ref>{{cite web|url=//www.fmcsa.dot.gov/registration/process-agents|accessdate=11 December 2019|publisher=US Department of Transportation|work=Federal Motor Carrier Administration|title=Process Agents|date=6 August 2019}}</ref> for similar purposes. Process agents that provide nationwide coverage for motor carriers are commonly referred to as blanket companies.<ref>{{cite web|url=//li-public.fmcsa.dot.gov/LIVIEW/pkg_html.prc_limain|accessdate=11 December 2019|title=Licensing & Insurance Public|publisher=US Department of Transportation|work=Federal Motor Carrier Administration|date=}}</ref> |
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In the UK, a process agent is a contractual relationship, permitted by the Civil Procedure Rules. |
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In the [[United States|U.S.]], every motor carrier registered with the Federal Motor Carrier Safety Administration (FMCSA) must have an agent for each state. Consequently, commercial firms can act as a process agent in any state for a fee to comply with the regulation. |
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==England and Wales== |
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Under English court procedure rules, it is necessary to serve papers to start proceedings correctly. If a party does not have an address within England, the procedure for serving these papers is lengthy and complicated. It is therefore customary to appoint a process agent and agree that service at the address of the agent will constitute proper service for the purpose of the court procedural requirements. |
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Under English Civil Procedure Rules,<ref>{{cite web|url=//www.justice.gov.uk/courts/procedure-rules/civil[http://www.justice.gov.uk/courts/procedure-rules/civil|title=Civil Procedure Rules|accessdate=11 December 2019|publisher=[[Ministry of Justice (United Kingdom)]]}}</ref> it is necessary to serve papers to start proceedings correctly.<ref>{{cite web|url=//www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06a|title=Practice Direction 6A – Service within the United Kingdom|date=30 January 2017|accessdate=11 December 2019|publisher=[[Ministry of Justice (United Kingdom)]]}}</ref> 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.<ref>{{cite web|url=//www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06b|title=Practice Direction 6B – Service Outside the Jurisdiction|date=30 January 2017|accessdate=11 December 2019|publisher=[[Ministry of Justice (United Kingdom)]]}}</ref> |
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In the [[United States|U.S.]], ''Process agent'' is more commonly referred to as ''agent for service of process, [[registered agent]] or registered agent for service of process'', and occasionally as ''resident agent''. |
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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. |
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It is also possible to appoint a Process Agent for the purposes of arbitration proceedings in a similar manner. |
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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. |
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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. |
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==References== |
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{{Reflist}} |
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[[Category:Agency law]] |
[[Category:Agency law]] |
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[[Category:Business law]] |
[[Category:Business law]] |
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[[Category:Legal |
[[Category:Legal professions]] |
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Latest revision as of 14:22, 23 July 2024
 | The examples and perspective in this article may not represent a worldwide view of the subject. (May 2024) |
A process agent or process server is a representative upon whom court papers may be served. In the US, the role is generally a requirement of US State law and is known as a registered agent, a resident agent or statutory agent. Process agents are also utilized in the US by truck drivers, brokers or freight forwarders[1] for similar purposes. Process agents that provide nationwide coverage for motor carriers are commonly referred to as blanket companies.[2]
In the UK, a process agent is a contractual relationship, permitted by the Civil Procedure Rules.
England and Wales
[edit]Under English Civil Procedure Rules,[3] it is necessary to serve papers to start proceedings correctly.[4] 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.[5]
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
[edit]- ^ "Process Agents". Federal Motor Carrier Administration. US Department of Transportation. 6 August 2019. Retrieved 11 December 2019.
- ^ "Licensing & Insurance Public". Federal Motor Carrier Administration. US Department of Transportation. Retrieved 11 December 2019.
- ^ "Civil Procedure Rules". Ministry of Justice (United Kingdom). Retrieved 11 December 2019.
- ^ "Practice Direction 6A – Service within the United Kingdom". Ministry of Justice (United Kingdom). 30 January 2017. Retrieved 11 December 2019.
- ^ "Practice Direction 6B – Service Outside the Jurisdiction". Ministry of Justice (United Kingdom). 30 January 2017. Retrieved 11 December 2019.