A process agent clause is the provision in an English law agreement in which a party without an address in England and Wales appoints a named agent to accept service of legal documents on its behalf. It typically records the agent's name and address, states the appointment is irrevocable, and deals with what happens if the agent ceases to act.
What the clause typically contains
Although wording varies between firms and precedent banks, the working parts are consistent: the appointing party, the agent's full name and address, the scope (proceedings arising out of or in connection with the agreement, sometimes extended to arbitration), a statement that service on the agent is good service whether or not the documents are forwarded, an obligation to maintain an agent for the life of the agreement, and a mechanism to appoint a replacement if the agent stops acting.
Completing the clause
Your solicitors simply need the agent's details for the draft. For appointments with us the clause names Tremark Process Agents Limited of Joshua Chambers, 332 York Road, Leeds, LS9 9DN. We are happy to review the clause wording against the appointment before signing, particularly the scope and any bespoke letter of appointment the clause requires, so there is no mismatch between what the contract says and what the agent has agreed to accept.
Why the drafting matters
Service under a contractually agreed method is recognised by the Civil Procedure Rules, so a well drafted clause gives the serving party certainty and the served party immediate notice, which is the bargain both sides want. This page describes common practice rather than advising on drafting: the clause forms part of your agreement and its wording is a matter for your solicitors. Once the draft names us, appointment takes one order form.