Process agent: Difference between revisions
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===What is a process agent?=== | ===What is a process agent?=== | ||
The rules of English civil procedure require | A [[process agent]] is a business located [[England and Wales|England or Wales]] (or, in theory, adjacent territorial waters) which accepts service of legal proceedings filed in English courts on behalf of a person who has no place of business in England or Wales. | ||
The rules of English [[Civil Procedure Rules|civil court procedure]] require notice of legal proceedings (called “process”) before an English (or Welsh) court to be physically served on the defendant in [[England or Wales]] (or, at the limit, in their adjacent territorial waters<ref>In the [https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part02#2.3 Civil Procedure Rules] the jurisdiction is defined as “unless the context requires otherwise, England and Wales ''and any part of the territorial waters of the United Kingdom adjoining England and Wales''”, so therefore the UK’s territorial waters ''adjoining Scotland or Northern Ireland'' are out of bounds.</ref>. Service in [[Scotland]] — or its territorial waters — will not do. This means you can serve process on someone rowing a boat in the Bristol Channel, but not in Glasgow. | |||
This means if you have a {{tag|contract}} with a counterparty who has no place of business in England | This means if you have a {{tag|contract}} with a counterparty who has no place of business in England or Wales (or their territorial waters), it will need to appoint a [[process agent]] on whom you can serve court papers should, heaven forfend, you need to. | ||
There are many businesses which act as process agents, although they charge heavily for doing so. If you have an [[affiliate]], [[agent]] or [[investment manager]] in England or Wales, best ask them if they will accept service on your behalf. | |||
====It would make a great play==== | |||
It would be kind of cool to set up a process agency business on a barge moored in the Bristol Channel, just to make service on that process agent as hard as is humanly possible, and potentially impossible if a great storm blew in from the Atlantic on the last day of the statute of limitations. Would make a great play. Actually, now you mention it - [[The ISDA Protocol]]. | It would be kind of cool to set up a process agency business on a barge moored in the Bristol Channel, just to make service on that process agent as hard as is humanly possible, and potentially impossible if a great storm blew in from the Atlantic on the last day of the statute of limitations. Would make a great play. Actually, now you mention it - [[The ISDA Protocol]]. | ||
====Careful with the territorial waters ==== | |||
If your [[process agent]] ''is'' moored on a barge — say, off the coast of Berwick-upon-Tweed — then depending on the prevailing current, you may or may not be able to service process there. | |||
===New York=== | ===New York=== | ||
Revision as of 16:39, 11 September 2018
What is a process agent?
A process agent is a business located England or Wales (or, in theory, adjacent territorial waters) which accepts service of legal proceedings filed in English courts on behalf of a person who has no place of business in England or Wales.
The rules of English civil court procedure require notice of legal proceedings (called “process”) before an English (or Welsh) court to be physically served on the defendant in England or Wales (or, at the limit, in their adjacent territorial waters[1]. Service in Scotland — or its territorial waters — will not do. This means you can serve process on someone rowing a boat in the Bristol Channel, but not in Glasgow.
This means if you have a contract with a counterparty who has no place of business in England or Wales (or their territorial waters), it will need to appoint a process agent on whom you can serve court papers should, heaven forfend, you need to.
There are many businesses which act as process agents, although they charge heavily for doing so. If you have an affiliate, agent or investment manager in England or Wales, best ask them if they will accept service on your behalf.
It would make a great play
It would be kind of cool to set up a process agency business on a barge moored in the Bristol Channel, just to make service on that process agent as hard as is humanly possible, and potentially impossible if a great storm blew in from the Atlantic on the last day of the statute of limitations. Would make a great play. Actually, now you mention it - The ISDA Protocol.
Careful with the territorial waters
If your process agent is moored on a barge — say, off the coast of Berwick-upon-Tweed — then depending on the prevailing current, you may or may not be able to service process there.
New York
The New York rules of civil procedure do not require service of process within the state of New York, nor even her territorial waters. Your process service guy can travel far and wide, serving the miscreant in whichever jurisdiction he may find an authorised representative to whom he can hand the papers. As long as he trots back and files an affidavit of service in the New York court, that will do. Therefore - however much money CT Corporation may reap persuading its offshore clients otherwise, foreigners conducting their affairs under the laws of the state of New York need not appoint a NY process agent.
Who needs one?
Any counterparty who does not have a permanent place of business in England or Wales. Process agents are standard in English law contracts with overseas counterparties.
See also
- Process Agent - ISDA provision
- Part 6 of the Civil Procedure Rules, governing the service of process
- ↑ In the Civil Procedure Rules the jurisdiction is defined as “unless the context requires otherwise, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales”, so therefore the UK’s territorial waters adjoining Scotland or Northern Ireland are out of bounds.