Foreign companies that go public in the U.S. will be required to file a Registration Statement with the Securities and Exchange Commission (“SEC”).
An “agent for service” (as defined under section 230.100 of the General Rules and Regulation of the Securities Act) is required to be listed on the cover page of the SEC registration statements listed below.
Frequently, a New York process agent is the preferred choice of jurisdiction listed on the cover page of the registration statement to receive notices and communications from the SEC. We have been named as New York process agent under various SEC forms including Form F-1, F-3, F-X/CB, S-8 etc. to name a few.
In addition to the foreign private issuer naming an agent for service in the registration statement, in some cases, naming a U.S. Duly Authorised Representative (“USDAR”) is also required. The roles of the agent for service and the USDAR are different, but equally important to have in place prior to filing with the SEC.
YOUR U.S. PROCESS AGENT
We work your hours. Don’t wait overnight to complete the final condition precedent necessary for your closing. Our global team has experience working with magic circle law firms, leading lenders and aviation companies. We are prepared to deal with urgent U.S. requests for process agent appointments. You get:
- Significant cost savings with a better pricing model; there is never a fee per agreement.
- 24-hour availability from a multilingual process agent team on all business days.
- Global reach in key jurisdictions around the world.
- Expedited delivery of your signed acceptance of appointment, usually the same day or within 24 hours, so that your deal won’t be delayed.
- Six more months of service after your term has ended, if requested, at no additional cost.
- Flexible payment via wire at closing or within 30 days after closing, never in advance.
- Customised appointment agreements or master agreements to streamline the appointment process for future transactions.
- Protection against invalid service of process, as our team carefully examines served papers and won’t receive legal documents unrelated to the financial transaction in which we’re named.
- Access to Entity Central®, our process agent database to view your process agent appointments and related information and documents.
As parties to cross-border commercial transactions governed by New York law, you may be required to appoint a professional process agent in the State of New York to receive and forward legal process on your behalf. These transactions could vary from loans/ financing, aviation, ISDA/derivatives or project finance. Our team has the knowledge and expertise to assist you with your process agent needs, no matter how sophisticated the underlying transactions are.
