Process Agents in Commercial Finance Transactions: Requirements, Roles, Legal Considerations and Best Practices
Upcoming: This CLE program examines the legal role of process agents in domestic and cross-border finance transactions. The session covers service of process requirements, enforceability considerations, and practical drafting guidance.
Webinar Details
Course Description: This CLE program provides a comprehensive overview of the role and legal significance of process agents (a/k/a “Contract Agents”) in U.S. domestic and cross-border finance transactions, including credit facilities, real estate finance, aviation mortgages and leases, ISDA Master Agreements for derivatives transactions. The program explains the statutory and constitutional frameworks that underpin service of process requirements, the continued necessity of process agents even in arbitration-focused agreements and the impact of recent case law addressing enforceability, jurisdiction, and adequate notice standards. Attendees will learn best practices for appointing and considerations when drafting process agent provisions, understand lender expectations of the appointed process agent, and review why New York, England & Wales, and Hong Kong courts remain preferred venues to appoint a process agent in global finance agreements.
Learning Objectives:
- Define the role and function of a process agent (also known as a contract agent).
- Understand when and why lenders often require a process agent is required in cross-border finance and loan agreements.
- Understand the role of the process agent and types of transactions in which they may be required.
- Recognize practical and legal risks associated with inadequate service of process mechanisms.
- Identify key considerations in selecting and appointing a process agent.
Meet the Hosts
Pia Angelikis, Esq.
Pia Angelikis, Esq., is the Vice President of Government and Legislative Affairs at Cogency Global Inc. She has over 25 years of experience with premiere service companies in the UCC and corporate services industry, managing large teams of expert lawyers and paralegals conducting legal research for public filing requirements for multistate mergers, conversions and acquisitions, tracking and analyzing UCC Article 9 and business entity legislation in all 50 states and the District of Columbia, and providing thought leadership.
Ms. Angelikis has in-depth knowledge of UCC Article 9 filing requirements and best practices for due diligence searching, as well as of service of process, and business entity laws related to public record filings for formations, foreign qualifications, mergers, conversions, reinstatements, withdrawals, change of agent, and corporate compliance. She has domain expertise in maintaining annual report calendaring systems.
As a government relations liaison, Ms. Angelikis works closely with state administrators when they implement new and revised business entity laws and electronic filing systems.
Ms. Angelikis is a frequent speaker and panelist on the Corporate Transparency Act (the “CTA”). She worked closely with the board of the National Public Record Research Association to draft commentary on the Financial Crimes Enforcement Network’s proposed rulemaking for the CTA, and has presented on the CTA for ABA audiences around the country.
Prior to her career in the UCC and corporate services industry, Ms. Angelikis litigated for 5 years in the areas of insurance defense and employment law.
Ms. Angelikis holds a JD from the University of California, Hastings College of the Law and a Bachelor of Arts in History from the University of California at Los Angeles. She is licensed to practice law in California
Colleen De Vries
Colleen A. De Vries is a Senior Vice President of Corporate Services at Cogency Global. Her current responsibilities include managing and training corporate service professionals, implementing strategic service initiatives and enhancing Entity Central®, Cogency Global’s entity management system. She also oversees domestic and international process agent services, independent manager services and U.S. Company Secretary services.
Ms. De Vries has developed and delivered numerous presentations on topics related to review of the lifecycle of companies and related governance and state compliance requirements and select transactional considerations and has been a featured speaker at the American Management Association. She has been panelist at the Delaware Trust Conference sponsored by the Delaware Bankers Association on multiple occasions. She also serves as an Independent Director/Manager of special purpose entities in a variety of structured finance and real estate transactions. Ms. De Vries is currently a member of the Society for Corporate Governance. She also regularly contributes articles to Cogency’s Corporate Transactions and Compliance Blog.
Pia Angelikis, Esq.
Pia Angelikis, Esq., is the Vice President of Government and Legislative Affairs at Cogency Global Inc. She has over 25 years of experience with premiere service companies in the UCC and corporate services industry, managing large teams of expert lawyers and paralegals conducting legal research for public filing requirements for multistate mergers, conversions and acquisitions, tracking and analyzing UCC Article 9 and business entity legislation in all 50 states and the District of Columbia, and providing thought leadership.
Ms. Angelikis has in-depth knowledge of UCC Article 9 filing requirements and best practices for due diligence searching, as well as of service of process, and business entity laws related to public record filings for formations, foreign qualifications, mergers, conversions, reinstatements, withdrawals, change of agent, and corporate compliance. She has domain expertise in maintaining annual report calendaring systems.
As a government relations liaison, Ms. Angelikis works closely with state administrators when they implement new and revised business entity laws and electronic filing systems.
Ms. Angelikis is a frequent speaker and panelist on the Corporate Transparency Act (the “CTA”). She worked closely with the board of the National Public Record Research Association to draft commentary on the Financial Crimes Enforcement Network’s proposed rulemaking for the CTA, and has presented on the CTA for ABA audiences around the country.
Prior to her career in the UCC and corporate services industry, Ms. Angelikis litigated for 5 years in the areas of insurance defense and employment law.
Ms. Angelikis holds a JD from the University of California, Hastings College of the Law and a Bachelor of Arts in History from the University of California at Los Angeles. She is licensed to practice law in California
Colleen De Vries
Colleen A. De Vries is a Senior Vice President of Corporate Services at Cogency Global. Her current responsibilities include managing and training corporate service professionals, implementing strategic service initiatives and enhancing Entity Central®, Cogency Global’s entity management system. She also oversees domestic and international process agent services, independent manager services and U.S. Company Secretary services.
Ms. De Vries has developed and delivered numerous presentations on topics related to review of the lifecycle of companies and related governance and state compliance requirements and select transactional considerations and has been a featured speaker at the American Management Association. She has been panelist at the Delaware Trust Conference sponsored by the Delaware Bankers Association on multiple occasions. She also serves as an Independent Director/Manager of special purpose entities in a variety of structured finance and real estate transactions. Ms. De Vries is currently a member of the Society for Corporate Governance. She also regularly contributes articles to Cogency’s Corporate Transactions and Compliance Blog.
CLE/MCLE Information
Is there a fee to attend this webinar?
There is no fee to attend our webinars, but advance registration is required
What states do you register for CLE Accreditation?
Currently, we apply for accreditation in all states that require CLE credits. If you have any specific questions regarding accreditation and/or type of credit, please reach out to support@lawline.com.
Do you offer CLE accreditation for paralegals?
Some webinars are accredited through NFPA and NALA.
Do I have to attend the entire webinar?
To receive credit, you must be present at the start of the program, stay for the entire presentation and answer all poll questions throughout the webinar.
Who is this webinar suitable for?
Although anyone may attend the webinars, it is most suitable for newly admitted and experienced and legal professionals.
What happens if my state is not one of those listed previously?
For any states not listed as approved or pending, we strongly encourage attendees to self-apply/self-report to the respective states.
Does CLE accreditation for your webinars expire?