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FAQs related to
Nominee Shareholder

To appoint a nominee shareholder, the beneficial shareholder needs to provide a nominee agreement along with a declaration of trust, an Indemnity Letter to the nominee, etc.

Yes, a nominee shareholder can vote on behalf of the beneficial owner if authorized to do so. However, the nominee shareholder must follow the instructions of the beneficial owner regarding voting decisions.

In general, the nominee shareholder can transfer the shares to any third party if the beneficial owner authorizes it. However, the nomination agreement should include the terms and circumstances for share transfer.

The dividends will be transferred to the beneficial owner by the nominee, who will also present them with a consolidated certificate of total dividends and interest received. The income will be reported on the beneficial owner’s tax return and taxed appropriately.

Yes, the beneficial owner normally can change the nominee shareholder by following the processes stated in the nomination agreement and applicable laws and regulations.

By taking the beneficial owner’s name off the public register of shareholders, using a nominee shareholder helps to safeguard their identity. This ensures the beneficial owner’s secrecy and privacy.

No, a nominee shareholder cannot sell or transfer the shares without the consent of the beneficial owner. The nominee shareholder acts as a custodian and holds the shares on behalf of the beneficial owner. Any transfer or sale of the shares requires the authorization and instructions of the beneficial owner, who ultimately has control over the ownership and disposition of the shares.

No, the nominee shareholder does not typically have decision-making powers on behalf of the beneficial owner. The nominee shareholder’s role is primarily limited to holding and safeguarding the shares. Any significant decisions related to the shares, or the underlying company, would require involvement and instructions of the beneficial owner.

  • Legal Ownership: The nominee shareholder has the right to hold legal ownership of the shares on behalf of the beneficial owner.
  • Dividend Distribution: The nominee shareholder is entitled to receive dividends and other income derived from the shares and distribute them to the beneficial owner.
  • Voting Rights: The nominee shareholder may exercise voting rights as instructed by the beneficial owner, ensuring their participation in company decisions and resolutions.
  • Confidentiality: The nominee shareholder has the right to maintain the confidentiality of the beneficial owner’s identity and personal information.

The regulation of nominee shareholders may depend on the jurisdiction. In some countries, there may be specific laws or regulations that govern the activities and responsibilities of nominee shareholders. It is important to adhere to applicable legal and regulatory requirements to ensure compliance and transparency in the nominee shareholder arrangement.

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