Nominee Ownership Agreement

Nominee Ownership Agreement

2023.05.07

A nominee ownership agreement is a legal document that allows one party to hold a property or asset on behalf of another party.

Nominee ownership agreements are commonly used in situations where privacy is a concern, or where the true ownership of a property or asset needs to be shielded from public view. This may include situations involving high-value assets, such as luxury homes or expensive works of art.

In a nominee ownership agreement, the nominee holder is legally responsible for the property or asset, but the beneficial ownership remains with the true owner. The nominee holder is required to act only in the best interests of the beneficial owner, and must not take any action that would be detrimental to their interests.

Nominee ownership agreements are often used in international business transactions, where it may be beneficial to shield the true ownership of a property or asset from foreign governments or tax authorities. They are also commonly used in offshore companies, where greater privacy and asset protection are sought.

While nominee ownership agreements can be a useful tool for asset protection and privacy, they can also be open to abuse. Nominee holders may act in bad faith, or may be forced to act against the interests of the beneficial owner under pressure or duress.

To mitigate these risks, it is important to ensure that nominee ownership agreements are properly structured and legally sound. This may involve seeking the advice of a legal professional experienced in this area, as well as ensuring that the agreement is properly documented and executed.

In summary, nominee ownership agreements are a useful tool for protecting privacy and shielding the true ownership of a property or asset. However, they should be used with caution and only in situations where the benefits outweigh the risks. By obtaining sound legal advice and properly documenting the agreement, both the nominee holder and the beneficial owner can safeguard their interests and ensure a successful transaction.