Certain foreign public accounting firms are required to designate an agent in the United States. Under 15 U.S.C. § 7216(d)(2),
Any foreign public accounting firm that performs material services upon which a registered public accounting firm relies in the conduct of an audit or interim review, issues an audit report, performs audit work, or, performs interim reviews, shall designate to the Commission or the Board an agent in the United States upon whom may be served any request by the Commission or the Board under this section or upon whom may be served any process, pleading, or other papers in any action brought to enforce this section.
Below is a form which can be used to appoint an agent in the United States; however, you’ll first need to engage a U.S. agent. Paracorp Incorporated performs U.S. resident agent services for many companies and we recommend you contact them if you’re looking for a U.S. agent for your accounting firm. Please call Milton Vong at (888) 886-7166 for more information. After you appoint your US agent, you’ll need to notify the SEC and the PCAOB.
We hope you find this information useful.
This information is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. No reader should act or refrain from acting on the basis of any matter contained in this document without seeking specific professional advice on the particular facts and circumstances at issue. Please contact one of our attorneys if you have any questions or require legal representation.
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Appointment of Agent for Service of Process
In the United States
Pursuant to 15 U.S.C. § 7216
The undersigned ___________________________________ , [a corporation][a partnership][a ___________________________] organized under the laws of ___________________________ (the “Company”), hereby designates and appoints ____________________________________ [Name of United States entity serving as agent] (“Agent”) located at ____________________________________ ___________________________________________ [Address in full in the United States and telephone number] as the agent of the Company upon whom may be served any request by the United States Securities and Exchange Commission or the Public Company Accounting Oversight Board under 15 U.S.C. § 7216 and any process, pleadings, or other papers in any action brought to enforce 15 U.S.C. § 7216.
Agent hereby accepts such appointment and agrees that during the term of its agency hereunder it will (i) maintain an office in the United States and will give the Company prompt notice of any change of Agent’s address and (ii) forward forthwith to the Company, in accordance with instructions from the Company, copies of any document or other information that Agent may receive pursuant to its agency hereunder, in connection with its appointment as Agent; (iii) will retain in Agent’s files a copy of any such document or information in accordance with Agent’s standard procedures and policies; and (iv) Agent will keep all information Agent receives with respect to the undersigned pursuant to its agency hereunder confidential, to the extent permitted by law.
This Appointment of Agent for Service of Process may be terminated by either party upon thirty (30) days prior written notice to the other party, which notice may be sent by mail, overnight courier, facsimile, or email.
The Company certifies that it has duly caused this Appointment of Agent for Service of Process to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of ____________________________ Country of ________________________________ this ______________ day of ________, 20______.
_____________________________________________________ [name of entity appointing agent]
By __________________________________________________
_____________________________________________________ [name and title of authorized signatory]
Name and Title
Agreed and accepted this ___________________________________ day of _________________________, 20___
_____________________________________________________ [name Agent]
By __________________________________________________
_____________________________________________________ [name and title of authorized signatory]
Name and Title