Process Agent Agreement Malaysia
Sample Process Agent Agreement
SAMPLE PROCESS AGENT AGREEMENT
THIS PROCESS AGENT AGREEMENT is made and entered into as of [DATE] by and between:
[YOUR COMPANY NAME]
[YOUR COMPANY ADDRESS]
[YOUR COMPANY REGISTRATION NUMBER]
Represented by:
[YOUR NAME]
[YOUR TITLE]
[YOUR CONTACT INFORMATION]
(hereinafter referred to as “Principal”)
and
[PROCESS AGENT COMPANY NAME]
[PROCESS AGENT COMPANY ADDRESS]
[PROCESS AGENT COMPANY REGISTRATION NUMBER]
Represented by:
[PROCESS AGENT COMPANY REPRESENTATIVE NAME]
[PROCESS AGENT COMPANY REPRESENTATIVE TITLE]
[PROCESS AGENT COMPANY REPRESENTATIVE CONTACT INFORMATION]
(hereinafter referred to as “Agent”)
WHEREAS, Principal is a [YOUR COMPANY TYPE] incorporated and existing under the laws of [YOUR COUNTRY]; and
WHEREAS, Principal desires to appoint Agent as its process agent in Malaysia for the purpose of receiving service of process in any and all legal and administrative proceedings that may be instituted against Principal in Malaysia; and
WHEREAS, Agent has agreed to act as such process agent for Principal upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:
1. Appointment of Agent. Principal hereby appoints Agent as its true and lawful process agent in Malaysia to receive service of all lawful process, notices, orders, demands, and other documents in any and all legal and administrative proceedings that may be instituted against Principal in Malaysia, including but not limited to:
Civil actions
Criminal proceedings
Administrative proceedings
Arbitration proceedings
Bankruptcy proceedings
Tax proceedings
Any other legal or administrative proceedings
2. Service of Process.
Service of process upon Agent shall be deemed to constitute valid and effective service upon Principal for all purposes.
Service of process upon Agent shall be made in accordance with the laws of Malaysia and any applicable rules of court.
Agent shall promptly forward all process, notices, orders, demands, and other documents received by it to Principal at the following address: [PRINCIPAL'S ADDRESS] or such other address as Principal may designate in writing from time to time.
3. Agent’s Duties.
Agent shall maintain a registered office address in Malaysia for the purpose of receiving service of process.
Agent shall promptly notify Principal of any service of process received by it.
Agent shall use commercially reasonable efforts to ensure that all process, notices, orders, demands, and other documents served upon it are promptly forwarded to Principal.
4. Agent’s Fees.
Principal shall pay Agent a fee of [AMOUNT] [CURRENCY] for the acceptance and forwarding of each service of process.
Agent shall invoice Principal for such fees on a [FREQUENCY] basis.
Principal shall pay all invoices within [NUMBER] days of the invoice date.
5. Term and Termination.
This Agreement shall be effective as of the date first written above and shall continue in full force and effect until terminated as provided herein.
Either party may terminate this Agreement upon [NUMBER] days’ prior written notice to the other party.
This Agreement shall automatically terminate upon the dissolution or liquidation of Principal.
6. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
7. Jurisdiction.
The parties agree that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of [CITY, STATE/PROVINCE] in Malaysia.
8. Entire Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9. Amendments.
This Agreement may be amended or modified only by a written instrument signed by both parties.
10. Severability.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
11. Notices.
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or upon the first business day following transmission by electronic mail, to the addresses set forth above or to such other addresses as either party may designate in writing from time to time.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[YOUR COMPANY NAME]
By: [YOUR NAME]
Title: [YOUR TITLE]
[PROCESS AGENT COMPANY NAME]
By: [PROCESS AGENT COMPANY REPRESENTATIVE NAME]
Title: [PROCESS AGENT COMPANY REPRESENTATIVE TITLE]
Please Note:
This is a sample agreement and may not be suitable for all situations.
This sample agreement provides a basic framework for a process agent agreement in Malaysia.
Key Considerations for a Process Agent Agreement in Malaysia
1. Scope of Representation:
Clarity is crucial: Define precisely what types of legal and administrative proceedings the Agent is authorized to receive service for.
Consider specific exclusions: If there are any limitations, such as certain types of cases or jurisdictions, explicitly state them.
2. Service of Process Procedures:
Detailed instructions: Outline the specific steps the Agent must take upon receiving service of process, including:
Prompt notification: How and when the Principal will be notified (e.g., email, courier, etc.).
Document handling: How original documents will be handled (e.g., scanned, forwarded, stored).
Record-keeping: How the Agent will maintain records of service.
3. Agent's Responsibilities:
Maintain a registered office: Ensure the Agent has a valid registered office address in Malaysia for service of process.
Professional conduct: Emphasize the Agent's obligation to act professionally and ethically in all dealings related to service of process.
Confidentiality: Include a clause regarding the confidentiality of any information received during the course of their duties.
4. Fees and Payment:
Clear fee structure: Specify the fee amount, currency, and payment terms (e.g., per service, monthly retainer, etc.).
Invoice frequency: Determine how often invoices will be issued (e.g., monthly, quarterly).
Payment deadlines: Establish clear deadlines for payment of invoices.
5. Term and Termination:
Duration of the agreement: Specify the term of the agreement (e.g., fixed term or indefinite).
Termination provisions: Include clear procedures for terminating the agreement by either party (e.g., written notice, specific events).
6. Governing Law and Jurisdiction:
Choice of law: Select the governing law (e.g., Malaysian law) to ensure consistent interpretation of the agreement.
Dispute resolution: Specify the jurisdiction for resolving any disputes arising from the agreement.
7. Insurance and Indemnification:
Professional liability insurance: Consider requiring the Agent to maintain professional liability insurance to protect both parties.
Indemnification: Include provisions for indemnification in case of negligence or misconduct by the Agent.
8. Data Protection and Privacy:
Compliance with data protection laws: Ensure the agreement complies with Malaysia's Personal Data Protection Act 2010 and any other relevant data protection laws.
9. Entire Agreement and Amendments:
Entire agreement clause: State that this agreement constitutes the entire understanding between the parties.
Amendment procedure: Outline the process for amending the agreement (e.g., written agreement signed by both parties).
10. Severability:
Severability clause: Include a clause stating that if any provision of the agreement is deemed invalid or unenforceable, the remaining provisions will remain in effect.
Additional Considerations:
Communication channels: Establish clear and efficient communication channels between the Principal and the Agent.
Regular review: Periodically review the agreement to ensure it remains relevant and effective.
By carefully considering these points and seeking professional legal advice, you can ensure that your Process Agent Agreement in Malaysia adequately protects your interests and complies with all applicable laws and regulations.
How Bestar can Help
Bestar is a reputable process agent in Malaysia with experience in handling service of process.
Here's what about us:
Services: We offer a range of corporate services, including process agent services, which involve receiving and forwarding legal documents on behalf of foreign companies operating in Malaysia.
Experience: Bestar has a presence in several countries, including Singapore, Hong Kong, and Malaysia. We have experience navigating the legal and regulatory landscape in these jurisdictions.
Website: We have a professional website that provides information about our services, including process agent services.
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