What is a director / shareholder nominee?
Certain companies in certain jurisdictions have the particularity of not requiring that officers and shareholders not be required to reside effectively in the locality. If this is your case, it is necessary for you to appoint someone to represent you in the jurisdiction. This role is entrusted to the nominee director or nominee shareholder.
About the nominee director / shareholder
As mentioned above, by creating an offshore, shareholders set up a structure in another country. They appoint their representatives, the nominee, to replace them on the spot. If you are an officer, the term "nominee director" is used to designate your representative. Otherwise, as a shareholder, the term nominee shareholder is more appropriate for your substitute.
Importance of a nominee
A person takes the quality of nominee after signing a contract. It becomes your substitute, allowing you to remain anonymous in your company. The importance of using a nominee is evident in countries where the identity of the officers or shareholders must be specified in the public registers. Thus, it is the information on the nominees that will be registered for you, and yours will be known only to the official agent in charge of the creation of the company. It should also be mentioned that the nominee does not have effective power over the assets of the company.
The particularities of the statutes of nominee director and nominee shareholder
A Power of Attorney protects you by appointing a nominee director. This contract specifies that the nominee director is only a representative, and that all power and all rights remain exclusively reserved to you. If you want him to take part in the management of the company, you must specify it. The Power of Attorney guarantees both your anonymity and the security of your company. In practice, only the name of the nominee director is written on the company documents. Signing can sign contracts on behalf of your company.
Unlike the nominee director, the nominee shareholder does not require the signature of a Power of Attorney. You only need to have the Nominee issue a "Declaration of Trust" to protect your company's assets. This will be the subject of a notarial certification before being valid. It should be noted that the appointment of a nominee director and a nominee shareholder is legal, and accepted in most countries. It is also possible to give the status of nominee to a person whose nationality is different from yours.
Attention from 1 and November 2018 FIDULINK will no longer offer a nominee service, the nominee director or shareholder nominee service must be the subject of a local manager's work contract in the local language and in the language of the client and in the language of the nominee director before notary public (Jurisdiction of domiciliation of the company + Country of residence of the customer).