Where a buyer, seller or warrantor under an English law share or asset purchase agreement is an overseas entity, yes. Purchase agreements carry warranty and indemnity claims for years after completion, and every party wants certainty it can serve the overseas side if a claim arises, so the SPA names a process agent for each of them.
The long tail of a purchase agreement
An acquisition does not end at completion. Warranty claims, indemnity claims, earn out and completion accounts disputes can surface years later, within the limitation periods the SPA sets. If the party you need to sue is in another jurisdiction and has no agent, the claim starts with months of overseas service. Naming agents at signing removes that risk for everyone at negligible cost against deal value.
Which documents want cover
Beyond the SPA itself, deals commonly want the same cover across the disclosure letter's related undertakings, tax deeds, transitional services agreements and any deferred consideration or guarantee documents. One appointment naming the suite keeps things clean: a second agreement adds £30 and three or more add £60. Terms are usually fixed to match the longest limitation period the parties care about, often seven years.
Signing to completion speed
M&A timetables compress at the end, and the letter of appointment is requested alongside other completion deliverables. We confirm appointments within 24 hours and issue same day letters for £150 where exchange or completion is imminent. Corporate teams can send the party and document list to hello@tremarkprocessagents.com and we will return draft letters for the bible.