Nominee Agreement Example

A nominee agreement is a legal document that outlines the terms and conditions of a nominee arrangement between two parties. This type of agreement is commonly used in business transactions where one party, known as the nominee, agrees to hold assets or shares in a company on behalf of another party, known as the beneficial owner.

Nominee agreements are typically used to provide anonymity to the beneficial owner, protect their assets, and ensure that they maintain control over their assets. In this article, we will provide an example of a nominee agreement and discuss its key components.

Example Nominee Agreement

This nominee agreement is made on [date] between [nominee], a company incorporated under the laws of [jurisdiction] (the “Nominee”) and [beneficial owner], a company incorporated under the laws of [jurisdiction] (the “Beneficial Owner”).

1. Appointment of the Nominee

The Nominee hereby agrees to act as the nominee for the Beneficial Owner and hold any and all assets and/or shares in the following company/companies [list of assets/shares] (the “Assets”) for and on behalf of the Beneficial Owner.

2. Rights and Obligations of the Nominee

The Nominee agrees to hold the Assets in trust for the Beneficial Owner and use their best efforts to protect the Beneficial Owner`s interests in the Assets. The Nominee is authorized to manage and control the affairs of the Assets, but only in accordance with the Beneficial Owner`s instructions.

The Nominee agrees to execute all documents and do all acts necessary to transfer the Assets to the Beneficial Owner on demand, and to notify the Beneficial Owner immediately of any transfer or other dealings with the Assets.

The Nominee agrees to keep confidential all information relating to the Beneficial Owner and the Assets, and not to disclose such information to any third party, except as required by law or with the Beneficial Owner`s consent.

3. Fees and Expenses

The Beneficial Owner agrees to pay the Nominee a fee for their services as the nominee, as well as any expenses incurred in connection with the performance of their duties under this agreement. The fee and expenses shall be paid within [timeframe] of invoicing.

4. Termination

This agreement may be terminated by either party upon [terms of termination]. Upon termination, the Nominee shall immediately transfer the Assets to the Beneficial Owner or their nominee as directed by the Beneficial Owner.

5. Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of [jurisdiction]. Any dispute arising out of or in connection with this agreement shall be resolved by [method of dispute resolution] in [jurisdiction].

Conclusion

A nominee agreement is an important legal document that provides protection and anonymity to the beneficial owner while ensuring that they maintain control over their assets. Before entering into a nominee arrangement, it is important to have a well-drafted nominee agreement that sets out the terms and conditions of the arrangement. This example nominee agreement provides a framework for drafting a nominee agreement and can be customized to suit individual circumstances.