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A Nominee Agreement lets someone act legally on behalf of another person or company while keeping the real owner's identity private. In Australia, these agreements are common in share trading, property holdings, and business arrangements where the nominee holds assets or rights as a representative of the beneficial owner.

The agreement must spell out the nominee's duties, confirm they're just holding things in trust, and follow Australian corporate regulations. It's particularly useful for overseas investors working through local representatives, though ASIC requires proper disclosure of beneficial ownership for corporate transparency. The agreement protects both parties by clearly defining their roles and responsibilities.

Consider using a Nominee Agreement when you need someone to hold assets or conduct business activities on your behalf while maintaining privacy. This arrangement proves valuable for international investors entering the Australian market through local representatives, or when structuring complex property or share transactions that benefit from confidentiality.

The agreement becomes essential in scenarios like managing investment portfolios through a nominee shareholder, handling commercial property deals where privacy matters, or setting up business arrangements where the beneficial owner prefers to remain behind the scenes. Just remember that ASIC still requires proper disclosure of ultimate ownership for regulated entities.

• Share Trading Nominees: Used when a nominee holds company shares on behalf of investors, including detailed voting rights and dividend arrangements
• Property Holding Nominees: Structured for real estate transactions, covering property management duties and beneficial ownership rights
• Corporate Nominees: Focused on business operations where a nominee acts as a director or officer, with specific governance obligations
• Trust-Based Nominees: Designed for family trusts or investment structures, outlining asset protection and distribution requirements
• Bare Trustee Nominees: Simplified agreements where the nominee holds assets with minimal active management duties

• Beneficial Owners: The actual owners of assets who engage nominees to act on their behalf, often including foreign investors or private shareholders seeking confidentiality
• Nominee Companies: Professional firms that specialize in holding assets and acting as corporate representatives for clients
• Legal Practitioners: Lawyers who draft and review Nominee Agreements to ensure compliance with Australian regulations
• Financial Advisers: Professionals who recommend and structure nominee arrangements for investment purposes
• Corporate Trustees: Organizations that manage nominee relationships within trust structures or investment schemes

• Party Details: Collect full legal names, addresses, and ACN/ABN numbers for both nominee and beneficial owner
• Asset Information: Document exact details of properties, shares, or rights being held under the arrangement
• Duties Outline: List specific responsibilities, authority limits, and actions the nominee can take
• Payment Terms: Define fees, expenses, and payment arrangements for nominee services
• Compliance Points: Note relevant ASIC requirements, disclosure obligations, and reporting duties
• Duration Terms: Specify agreement length, renewal conditions, and termination procedures

• Parties Section: Full legal identities of nominee and beneficial owner, including ACN/ABN details
• Asset Description: Clear identification of properties, shares, or rights under nominee control
• Powers Clause: Specific authority granted to nominee and any limitations on actions
• Ownership Declaration: Explicit statement confirming beneficial ownership remains with principal
• Indemnification: Protection clauses for nominee acting within authorized scope
• Termination Terms: Conditions for ending the agreement and asset transfer procedures
• Governing Law: Statement confirming Australian jurisdiction and applicable regulations

A Nominee Agreement differs significantly from an Advisory Agreement in both purpose and legal structure. While both involve one party acting for another, their roles and responsibilities are fundamentally different.

• Legal Authority: Nominee Agreements transfer legal control of assets while maintaining beneficial ownership with the principal; Advisory Agreements only grant authority to provide guidance and recommendations
• Asset Control: Nominees can directly manage and transact with assets; advisors can only suggest actions for the client to take
• Fiduciary Duties: Nominees have strict trustee obligations regarding asset management; advisors have more limited professional service obligations
• Regulatory Oversight: Nominee arrangements face stricter ASIC scrutiny and disclosure requirements; advisory relationships typically have lighter regulatory obligations
• Risk and Liability: Nominees bear direct responsibility for asset handling; advisors mainly face professional negligence risks for poor advice