Process agent
A process agent is a representative upon whom court papers may be served. They typically represent carriers or freight forwarders, 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.
In the 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.
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.
A process agent will also receive any documentation if a company has any legal action brought towards them.
In the 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.
The role of a process agent is a vitally important service for many businesses dealing with suppliers or tenders in the UK. Process agents accept service of notices, proceedings or documents on behalf of their overseas clients in situations where, usually because of contractual obligations, it is not possible for them to be served abroad. A process agent can act in a broad capacity for this 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. Immediately the lending bank will require the appointment of a UK based process agent to receive formal notices should the borrower default on the loan.