Question 1

What is a process agent?

Accepted Answer

A process agent is a designated party that receives and acknowledges legal documents on behalf of another party, ensuring proper service of process.

Question 2

Why should I not just appoint any company as my process agent?

Accepted Answer

Practically speaking, that is probably not a good idea for you or your counterparty. It is very important to have a reliable and responsive process agent, who knows what action to take if served with a claim. The appointer will want to receive the notice quickly too. It is not unusual to insist that a counterparty appoints a reputable process agent.

Question 3

Do I need to appoint a process agent?

Accepted Answer

If your contract states that disputes may be brought in English or New York courts and your counterparty is not based in England and Wales or in New York (as applicable), having your counterparty appoint a process agent is advisable to avoid complex and costly service rules.

Question 4

Why should I use Fleet Process?

Accepted Answer

Fleet Process was founded by transactional finance lawyers who have worked with 100s of process agent appointments in their careers. One day, they came together and agreed that there had to be a cheaper, more client-focused and efficient way to deliver high quality process agent services. At Fleet Process, we pride ourselves on being the only major player in this space solely focusing our time and efforts on process agent services. We offer a price competitive, reliable, easy, and fast process agent service, with instant online letter generation, 24/7 availability and ultimate flexibility. Our bespoke process agent appointment solution has been developed by international transactional finance lawyers to ensure it fits exactly your needs. See all the benefits of using Fleet Process and our pricing information on the home page and pricing page. You can also read more about the background of Fleet Process and why we do what we do on the about page.

Question 5

How easy / fast is it to appoint Fleet Process as my process agent?

Accepted Answer

Appointing Fleet Process is simple and fast. You can complete the process online in minutes without upfront payment, lengthy forms or email communication. You don't even need to sign anything. The appointment will be issued instantly and is valid from the point of issuance. Watch our short video here or feel free to contact us in case you have any questions or want to set up a demo.You can get started right away here.

Question 6

How do I appoint a process agent with Fleet Process?

Accepted Answer

Simply download the appointment schedule for the relevant jurisdiction, complete it, and upload it to our website. You will receive the appointment letter immediately via email. It takes less than 2 minutes.Watch our short video here or feel free to contact us in case you have any questions or want to set up a demo.You can get started right away here.

Question 7

What are the Fleet Process details for appointment?

Accepted Answer

For English law appointments: Use the following details in the process agent appointment clause in the relevant contract:“Fleet Process Limited (company number 16843845), registered in England and Wales with its registered office at 66 Paul Street, London EC2A 4NA, United Kingdom.” For New York law appointments: Use the following details in the process agent appointment clause in the relevant contract:“Fleet Process LLC at 418 Broadway #4311, Albany, New York, 12207, United States or its Principal Executive Office address from time to time.”

Question 8

Can I also appoint Fleet Process for arbitration proceedings and for individuals (not just companies)?

Accepted Answer

Yes, Fleet Process can be appointed for arbitration proceedings, providing the same reliable and efficient service for handling legal documents. Fleet Process can also handle appointments for individuals – just fill in the details of the individual when it comes to making the appointment on our website.

Question 9

Which jurisdictions do you cover?

Accepted Answer

Currently, we operate in England and in New York. We are looking to expand our services in the near future. Please get in touch if you have a suggestion where to launch next.

Question 10

When do I receive the appointment letter?

Accepted Answer

You will receive the appointment letter immediately via email once the appointment process is completed. It will be valid instantly from the date of issuance and issuance of the letter is not dependent on payment of fees.

Question 11

Can I make an appointment on behalf of my client (if I am a client advisor)?

Accepted Answer

Of course, our appointment form has an option to notify us if you are an advisor acting on behalf of a client. The advisor will receive the issued letter and the client will receive the invoice directly once the invoice has been processed.

Question 12

Do you have an example of what an issued letter looks like?

Accepted Answer

Yes, you can see examples of issued letters here.

Question 13

Can you issue appointment letters that are not in the form on our website?

Accepted Answer

We hope we have designed the perfect process agent appointment system that works for you. In case you have any bespoke requirements or have any feedback for us, please contact us.

Question 14

Do you issue hard copy appointment letters?

Accepted Answer

Our service is designed to be entirely online, but if you require a hard copy please contact us.

Question 15

Can you accept multiple party appointments in one letter?

Accepted Answer

Yes, Fleet Process can accept multiple party appointments in one letter, offering flexibility and convenience for complex transactions. You can add multiple parties to an appointment during the appointment process by simply adding additional line items to the appointment schedule. We do not have any restrictions or limits as to how you want to structure your appointment letter.

Question 16

When does my appointment start?

Accepted Answer

Your appointment starts immediately upon issuance of the appointment letter, which you will receive via email as soon as the appointment process is completed.

Question 17

What if I need a bespoke arrangement?

Accepted Answer

We have designed our appointment process uniquely to cover a wide range of options, but if you need a bespoke service, please get in contact with us.We are happy to discuss your specific requirements and provide tailored solutions.

Question 18

I need an unlimited process agent appointment

Accepted Answer

No problem, we have an unlimited appointment option. You can find the pricing details on our pricing page and you can simply select an unlimited appointment in our appointment schedule before uploading it for issuance.

Question 19

You say you value privacy – what does this mean?

Accepted Answer

Fleet Process will never ask to see or be sent any of the transaction documents, nor do we require your signature, corporate documents or any other company information to be appointed.

Question 20

I have more questions and want your advice

Accepted Answer

With a background as finance lawyers at top international law firms in London, we are the only process agents in the market with an intimate knowledge of the documentary requirements, the law unpinning this area and the practical experience required to guide you through this important part of your transaction. Unlike the majority of our competitors, our sole business is process agent services and therefore you can be sure that all our focus is on providing the highest quality service. Reach out to us for a free and non-committal discussion as to how we can help you or use our self-service, state of the art online tool to get a process appointment set up (or prepared for your counterparty) in a matter of minutes.

Question 21

What are your fees?

Accepted Answer

Our pricing is incredibly simple. We charge $120 per appointing party, per year of appointment. No upfront fees, no hidden costs, no set-up fee. No fees for additional documents. Yes, it's that simple. See our fee page for more information on unlimited appointments, amendments and invoicing terms.

Question 22

Does your fee change depending on the amount of documents in my appointment?

Accepted Answer

No, we only ever charge on the basis of the amount of appointing parties and the length of the appointment.

Question 23

Do I need to pay before receiving the appointment letter?

Accepted Answer

No, you do not need to pay before receiving the appointment letter. The appointment letter is valid with immediate effect (and is not dependent on payment). The invoice will be sent separately around 30 days after the appointment and we have 30 day payment terms following issuance of the invoice to give your business ultimate flexibility and in order to never cause a delay to your transaction.

Question 24

Do you charge VAT?

Accepted Answer

No, provided the invoice is addressed to a non-UK resident or entity. We usually invoice the first mentioned appointing party (unless otherwise advised during the appointment process) so it is rarely going to be a UK incorporated party. Of course, if the contracting party is a UK resident or entity, we will charge VAT.

Question 25

How do I pay for your services?

Accepted Answer

When we issue our invoice you have 30 days to make payment. We accept payment via bank transfer or by card payment. All our invoices are charged in USD but we can on request issue our invoice in GBP or EUR. Please just let us know in the Appointment Schedule or by reaching out to us when the invoice has been issued.

Question 26

How does invoicing work?

Accepted Answer

The invoice is sent separately by email around 30 days after the appointment. This allows for any necessary adjustments before payment is required (after 30 days of issuance of the invoice).

Question 27

I need to change the invoice details after the appointment letter has been issued

Accepted Answer

If you need to change the invoice details for an appointment, please contact us directly with the updated information and appointment reference number and we will amend the invoice accordingly.

Question 28

If I need a process agent appointment for fewer years than I first thought can I get a refund?

Accepted Answer

If you are within the first 30 days of the appointment, you can automatically amend the appointment only by using your appointment letter reference number. We will issue or re-issue the invoice for the lower amount. If the invoice has already been issued and paid, we are afraid the fees are not refundable.

Question 29

I need to make a change to my appointment letter

Accepted Answer

You can modify your appointment letter online for free within 30 days of the initial appointment date. Use the appointment reference number provided in the issued appointment letter to make changes or make the edits through your online account. If you add additional parties to the appointment or extend the term as part of the amendment, then this will be charged at our normal rates.To access our amendment page, please click here.If you need to make an amendment following 30 days of the initial appointment date (excluding extensions to the term or additions to the amount of parties) this will come at a small administrative charge to protect against misuse. See our fee page for more information.

Question 30

I need to cancel my appointment letter

Accepted Answer

You can cancel your appointment at any time. However, any fees paid are non-refundable. Use the appointment reference number provided in the issued appointment letter to make changes or make the cancellation through your online account. To access our amendments page, please click here.

Question 31

I need to extend my appointment term or add additional parties or new contracts

Accepted Answer

This can all be done by using the appointment reference number provided in the issued appointment letter or through your online account. Simply upload a new schedule with the new details or the new term – you will be charged at the prevailing rate. To access our amendments page, please click here.

Question 32

I need to update my contact details for an existing appointment

Accepted Answer

This can all be done by using the appointment reference number provided in the issued appointment letter or through your online account. To access our amendments page, please click here.

Question 33

What is the benefit of registering a user account with Fleet Process?

Accepted Answer

We remain true to our philosophy that you should never have to register to access our services. So we will never force you to create an account with us. We created the user account feature solely for your benefit! With a user account you:• will get an instant overview of all your appointments (finished or in progress).• have the ability to edit, extend and cancel appointments from your user page.• can download your populated forms and issued letters for future use.

Question 34

I want to delete my user account

Accepted Answer

Sorry to see you go! We'd be happy to help you if you reach out to us directly on our contact us page. Any appointment letters that you have created through your account will remain valid and can be viewed, terminated and amended by using the unique reference number for the relevant appointment letter.

Question 35

What is the legal background to a process agent in England?

Accepted Answer

The general rule is that proceedings under English law must be served within England and Wales. In short, under the English Civil Procedure Rules 6.40(3) and 6.44, there are various (but complex and potentially expensive) ways you can serve proceedings on a foreign party:(a) Using any "Civil Procedure Convention", which is defined in the English Civil Procedure Rules 6.31(c) (including the Hague Service Convention of 15 November 1965).(b) If the law of the relevant country permits, through the government of that country, the judicial authorities of that country or through a British Consular authority in that country (English Civil Procedure Rules 6.42). or through a British Consular authority in that country (English Civil Procedure Rules 6.42).(c) Using any other method permitted by the law of the country in which it is to be served (English Civil Procedure Rules 6.40(3)(c)).As you can see, serving proceedings on a foreign party will require expert legal advice at a time where you might need to work quickly towards getting a claim brought against your counterparty. This can be costly and complex and serve as an unnecessary headache.The English Civil Procedure Rules 6.11 however note that it is possible for parties to agree in a contract a particular method or place of service, in the event of a claim being started under that contract. This is where an English process agent comes in handy.This is useful because by having your counterparty appoint a process agent in England, the foreign service rules can be avoided.Therefore, whilst not legally required, you would typically want to ensure your counterparty has appointed a process agent if: (a) the relevant contract(s) you have in place states that disputes may be brought in the English courts; and(b) your counterparty is resident outside England and Wales, or may become so.

Question 36

What is the legal background to a process agent in New York?

Accepted Answer

The general rule is that proceedings under New York law (whether in state or federal courts) must be served in accordance with the New York Civil Practice Law and Rules ("CPLR") or the Federal Rules of Civil Procedure.In short, if a party is located outside the United States, there are various (but complex and potentially expensive) ways to serve proceedings on that party:(a) Through the Hague Service Convention (to which the U.S. is a party) by transmitting documents through the designated Central Authority in the foreign country (CPLR 313; Fed. R. Civ. P. 4(f)(1)).(b) Through letters rogatory or diplomatic channels, requesting assistance from a foreign court or consular authority, which can be slow and costly.(c) By any method permitted under foreign law, or by other means authorised by the U.S. court (Fed. R. Civ. P. 4(f)(2)).As you can see, serving proceedings on a foreign party can be complex, expensive and time-consuming — often at a stage when urgent action is required.The CPLR, however, allows parties to agree in a contract to appoint an agent for service of process in New York. CPLR 318 expressly provides that “a person may be designated … as an agent for service.” New York courts will enforce such an agreement, meaning that service on the appointed New York agent is valid service on the foreign party.This is useful because by having your counterparty appoint a New York process agent, the burdens of international service can be avoided entirely.

Question 37

What if my counterparty says that they don't want to appoint a process agent because it is not legally required?

Accepted Answer

This is of course a question of costs and allocation of risk. It boils down to the cost of payment by the counterparty of a small administrative fee to appoint a process agent now versus your risk of having to serve proceedings out of jurisdiction and all the issues that come with that in future.The market position on this in many types of legal transactions has long been settled that the counterparty will need to bear the process agent cost to cover your risks.

Question 38

What shall I consider when thinking about the terms of a process agent appointment?

Accepted Answer

First: Consider the transaction documentation, including the governing law, court jurisdiction and the residency/incorporation of counterparties (specifically non-English / non-New York). If there is a mismatch between the jurisdiction of incorporation of a counterparty and a court's jurisdiction, a process agent may be required. Second: If a need for a process agent is established, a clear process agent appointment clause should be included in each applicable document. Third: Ensure evidence of the process agent being appointed for the correct duration (normally until one full year after the contract's proposed end, or unlimited if there's no “last” termination date). This process agent letter should typically be a condition for the effectiveness of the relevant contracts.If you are in doubt or need help assessing whether a process agent may be needed, please feel free to contact us

Question 39

Has the lack of a process agent actually had an impact on a transaction before?

Accepted Answer

One of the most impactful examples of a party not appointing a process agent involved a claim for US$101 million against a party in Sudan. Although the claim was unopposed, it took 3 years to reach judgment because there was no process agent appointed. It took 18 months to wait for service through official channels! For the lawyers reading this, you can read more about this in the English case of Habib Bank v. Central Bank of Sudan. Appointing an English process agent in this case would in all likelihood have avoided much of this delay and extra cost.

Question 40

Where are your terms and conditions of service?

Accepted Answer

You can access our T&Cs here, our Data Protection here and our Terms of Use of our Website here.

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