Why use a nominee director?
When considering whether to use a nominee director in your company it is important to have a full understanding of what a nominee director is and how it could benefit your company.
All UK companies must appoint at least one real person as a company director, the person must be at least 16 years of age and they can reside anywhere in the world. The details of the director(s) are shown on public record in the UK.
When you form a company, privacy may be a key factor for you and your business. Appointing a nominee director can help you achieve a certain level of privacy within your company as your directors name will be kept confidential and away from public record.
A nominee director is different to a normal appointed director as they have been nominated by the shareholder or beneficial owner to represent the position of the director within the company.
Nominee directors are used for a number of different reasons and can be a great way to have local representation when forming offshore.
The Nominee Director would not be in control of the company, they would simply be appointed as a Director so that your name is not shown on public records.
What role does a nominee have in my company?
This is a common question asked as protecting your company is of upmost importance.
The term nominee generally means a name that appears on the public register but has no actual real power in the company. We would also recommend that a power of attorney is used and this is usually provided by the nominee to protect both themselves and you. CFS provide power of attorneys for all nominee director appointments. The power of attorney is a document that will ultimately state that the beneficial owner has full control over the company and that the nominee is appointed in name only. Therefore the nominee does not have any control over the company.
The nominee director will not actively participate in any of the day to day running of the company they are purely there to occupy the position of director.
What control will the nominee have on the company bank account?
The Nominee Director does not have and does not want any access to your company bank account.
Please note that with an Isle of Man nominee director, you may need more involvement in order to obtain a bank account in the Isle of Man, therefore the nominee will take more of an active roll in the company.
If you are looking to open a new bank account for your company and you are using a nominee director, they will need to provide due diligence documents in order for the account to be opened, these details are typically shown below:
- Certified Passport
- Certified Utility Bill
- A reference letter from a bank
- Signature on certain bank forms when opening the account
The nominee will not be a signatory on the account and therefore will not have access to the bank account, however as they are taking the position of the company director, they will need to provide due diligence documents in order to satisfy the bank’s money laundering regulations.
So in conclusion a nominee director can be a great asset to your company when you use a reputable person and have the correct legal documents in place. All of our nominee services are for a 12 month period and can be cancelled at any time without any notification period.