PROCESS AGENT ESSENTIALS

Can I use my own director or UK subsidiary as process agent?

The short answer

Sometimes, yes. If your group has a UK company, it can be named as process agent and many counterparties will accept that. Naming an individual director is riskier and frequently rejected. Either way, the arrangement must survive the whole term of the agreement, which is why independent professional agents remain the default.

01

When a group company works

A substantial UK subsidiary with its own premises and staff is often acceptable to lenders, and it costs nothing. The questions to ask are practical. Will that company still exist, at that address, throughout the term? Group restructures, disposals and office moves all break the arrangement, and because the appointment is usually irrevocable you would need the counterparty's consent to substitute a new agent. If the subsidiary is itself a party to the deal or might be sold, a lender will usually insist on an independent agent instead.

02

Why naming a director rarely survives negotiation

An individual can be named, and occasionally is in small transactions, but people move house, change jobs, travel and retire. Counterparty solicitors know that a claim form left with a former employee at an old address is a recipe for a missed deadline and a disputed service, so most simply strike the suggestion out and ask for a professional agent. It also places a personal burden on the individual that few directors want once the implications are explained.

03

The cost comparison

Given that a professional appointment costs from £125 per year with Tremark Process Agents, most groups conclude the saving is not worth the operational risk or the negotiation friction. If your counterparty has already asked you to replace an in house arrangement, we can issue a letter of appointment within 24 hours.

Related questions

Who can act as a process agent in the UK?

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What does irrevocable appointment of a process agent mean?

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How much does a process agent cost in the UK?

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How quickly can a process agent be appointed?

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Ready to appoint a UK process agent?

Appointments are usually confirmed within 24 hours, with your Letter of Appointment issued in two to three working days as standard, or the same day on our expedited service.

Prefer to talk it through? Call 0113 322 7795 or email hello@tremarkprocessagents.com

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    This page provides general information about process agent appointments in the United Kingdom. It is not legal advice. Tremark Process Agents Limited is an independent process agency and does not provide regulated legal services. Always take advice from your solicitor on the terms of your agreement.