Nominee services are typically provided by an intermediary to conceal the beneficial owner's business. Nominee services relate to nominee shareholders and nominee directors. As a rule, the nominee service should also include a PO box service (office address for correspondence purposes). Nominee services are suitable for large corporate structures for tax planning purposes and often involve international elements. For example, the beneficial owner is located in a different country than the company itself.
Nominee shareholder services are normally performed on the basis of a declaration of trust, whereby the nominee declares that they hold shares on behalf of someone else and have no authority to make decisions in the company, vote at a shareholders' meeting, or receive dividends, unless: the customer has expressly instructed it. The nominee has no rights to sell shares unless requested by the client. However, the Client and the Agent may agree on specific tasks for the Agent to perform. Such duties are often delegated to lawyers and attorneys who are professionals in the field and can protect the interests of the client.
Nominated director, also called "shadow director", who usually only appears for official records, while the company is effectively ruled by the client by power of attorney. Based on the authorization, the customer can open a bank account and assume full management and control of the company.
Benefits of nominee services
The benefits of using nominee services are evident in cases where a business owner wishes to maintain their privacy and reduce access to official records or does not want their name to be associated with the business in question. In addition, there may be situations where an individual has restrictions on performing the proposed activity or where the law requires local management, such as a local secretary in Hong Kong.
When quick action is required to register a company abroad in the event the client is unable to travel, it is often more convenient to temporarily appoint a local company director. When intending to open a business in a foreign jurisdiction such as the British Virgin Islands, Belize or Hong Kong, it can be physically difficult to appear in person.
Nominee services usually guarantee confidentiality and anonymity. However, disclosure is sometimes made to banks or investigative authorities during court proceedings.
The nominee services are often used for tax planning and wealth protection purposes. If the ultimate beneficiary of the full corporate structure resides in low-tax jurisdictions, it should enjoy the benefits of the low-tax regime for the dividends received from the profits generated.
Other benefits derive from the country of registration and are often related to financial statements and reports. In some tax haven jurisdictions there is no need for annual filing, hence low auditing and accounting requirements which offer certain advantages if the individual is willing to increase privacy and confidentiality and hide their assets.
The term "nominee" may refer to a nominee director or a nominee shareholder. Confidus Solutions can offer you both services worldwide, depending on your company structure and your personal goals.
The nominated director is usually a local resident. However, it can also be a person from abroad, since there are no special requirements. Nominee Director should be an individual or a private person. In some countries a director is an institution, so the director could be a collegiate body.
For the purposes of nominee service in certain jurisdictions, the nominee shareholder is typically an individual private individual. Depending on the individual case, the person may be resident or non-resident.
Confidus Solutions nominees
It is possible to combine nominee services and extend the corporate structure to two nominee levels. Nominee Director and Nominee Shareholder should not necessarily be the same person or located in the same jurisdiction. There can be different solutions for tax planning purposes.
Confidus Solutions has partners and agents around the world, enabling us to provide nominee services worldwide depending on the needs and goals of our clients. Our lawyers and tax advisors will provide you with a detailed tax planning opinion and provide you with a unique corporate structure that suits your needs. Call us to nominate a candidate for your company!