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Nominee Declaration Form for the United States

Nominee Declaration Form Template for United States

A Nominee Declaration Form is a legal document used in the United States to formally declare and document a nominee arrangement, where one party (the nominee) holds legal title to assets on behalf of another party (the beneficial owner). The document complies with U.S. federal and state regulations, including securities laws, tax requirements, and anti-money laundering provisions. It serves as official documentation of the relationship between the nominee and beneficial owner, protecting both parties' interests and ensuring transparency for regulatory compliance.

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What is a Nominee Declaration Form?

The Nominee Declaration Form is essential in situations where assets are legally held by one party on behalf of another. This arrangement is common in securities trading, real estate transactions, and corporate structures within the United States. The form details the nominee's acknowledgment of their role, the beneficial owner's rights, and the specific assets involved. It ensures compliance with U.S. regulatory requirements, including SEC regulations, state corporate laws, and federal tax obligations. The document serves as crucial evidence of the arrangement's legitimacy and helps prevent disputes about ownership rights.

What sections should be included in a Nominee Declaration Form?

1. Declarant Information: Full legal name, address, and contact details of the nominee

2. Beneficial Owner Information: Details of the true owner of the assets/shares

3. Asset Description: Detailed description of assets/shares held in nominee capacity

4. Declaration Statement: Formal declaration of nominee status and acknowledgment of obligations

5. Signature Block: Execution section with notarization requirements

What sections are optional to include in a Nominee Declaration Form?

1. Term of Appointment: Duration of nominee arrangement, applicable when the arrangement is time-limited

2. Compensation Details: Terms of payment for nominee services, included when the nominee receives compensation

3. Governing Law Choice: Specific jurisdiction selection, used when multiple jurisdictions are involved

What schedules should be included in a Nominee Declaration Form?

1. Asset Schedule: Detailed listing of all assets held in nominee capacity

2. Verification Documents: Copies of identity documents, corporate authorizations

3. Tax Forms: Relevant tax declarations and forms

4. Beneficial Owner Declaration: Separate declaration from the beneficial owner confirming the arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Declaration Form

Cost

Free to use
Clauses
























Industries

Securities Laws: Including Securities Act of 1933, Securities Exchange Act of 1934, State-specific Blue Sky Laws, and SEC regulations regarding beneficial ownership. These govern securities transactions and ownership declarations.

Corporate Laws: Including Delaware General Corporation Law, state-specific corporate laws, and Model Business Corporation Act provisions. These govern corporate structure and nominee relationships.

Tax Laws: Including Internal Revenue Code, state tax regulations, tax reporting requirements for nominees, and FATCA requirements for international nominees. These govern tax implications and reporting obligations.

Anti-Money Laundering Laws: Including Bank Secrecy Act, USA PATRIOT Act, and FinCEN regulations. These ensure compliance with anti-money laundering and counter-terrorism financing requirements.

Fiduciary Duty Laws: Including state-specific fiduciary responsibility laws and common law principles of agency. These govern the nominee's duties and responsibilities to the beneficial owner.

Documentation Requirements: Including notarization requirements, state-specific documentation rules, and record-keeping requirements. These ensure proper execution and maintenance of nominee arrangements.

Privacy Laws: Including federal privacy regulations, state privacy laws, and data protection requirements. These govern the handling and protection of personal information in nominee arrangements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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