Domicilium citandi et executandi – What does this mean?

Domicilium citandi et executandi, roughly translated, means the physical address at which legal notices and process (eg summons) can be served on you. A post office box address is not sufficient for the purposes of service of legal process and should be avoided.

What are the legal consequences of this clause?

The legal consequence of this clause is that delivery of a legal notice, e.g. Letter of Demand, or process at this address is sufficient for the purposes of legal action. You will be deemed to have received a legal notice or document if delivered to that address, whether or not you actually receive it.

If the legal notice or document is delivered to this address but you do not receive it, there can be dire and costly legal consequences for you. For example, default judgement may be awarded against you without your knowledge, simply on the basis that the summons was served on your domicilium address.

Our tips for dealing with Domicilium clauses:

• When nominating an address for service of legal notices and process, ensure that you use an address where you will actually receive any delivered notices.
• If you do not reside at the address, make sure that those who do live there will give you any documentation delivered there.
• If you move, make sure that you notify all relevant parties of your change in address in accordance with the terms of your agreement with them.
• You should provide an email address as well as a physical address, as notices may be delivered by email if the agreement provides for this. The email address provided must be one that you check regularly and will remain active or you will need to notify the relevant parties of a change in your email address as you would a change in physical address.