Although under a strict interpretation of the law, the shareholder and director of the designated agreements are not authorized, they are still common in practice. This appointed third-party director makes no active business decisions on his own and never acts on his own terms. Before making a decision, the designated director must consult with the economic beneficiary to see how he can act next and what he is entitled to do. Hilda Loe Associates offers nominee Director and Nominee Shareholder Services to meet legal requirements and/or ensure the privacy you need. These services are all slightly different, but in all cases the names of the nominees are filed in the business register, so that anyone conducting a business search would see the names of the nominees and not yours. If the owner himself causes trouble and thus leads the creditors, tax and judicial authorities to the candidate, the candidate will submit the agreement and PoA to them to avoid liability. This document gives clues to trace the true identity of the true owners. Nominated shareholders are not candidates. The CEO cannot be a company.
During the registration process, all Hong Kong companies must have at least one director on the board of directors at all times. Some board members prefer to remain anonymous, so they stop nomine services to provide them with a director appointed for the company. Partners are considered to be the partners identified in the single limited partnership agreement and in the SCSp`s social interest register. At this point, you may discover that the bank must be informed of the relationship between the named shareholders and the UBO in the business organization table, which must indicate “[the candidate`s name] [a certain percentage] of the company`s share in the confidence of [the UBO name]” Hong Kong investors who choose to keep all their investments confidential generally hire a named company that can offer them designated share services. The nominated shareholders represent real shareholders and keep their personal data secret. The Bank`s decision whether or not to accept the use of candidates in banking matters is the Bank`s sole decision. The cost of hours is due to the monitoring and signing of agreements, documents, decisions of the board of directors, etc., on behalf of the actual beneficiary. The appointee director has no financial, management or operational interest in the company. He will not be involved in the company`s business, contract or banking affairs. Its role is only to meet the legal requirements of a local manager for your business in Singapore and to appear in public records. The very concept of nominated shareholders is not known in the Netherlands.
However, under Dutch law, there are opportunities for a similar outcome. In general, it is not applicable. The exception is a subsidiary in which a candidate for the designated actuator must fulfill the nationality requirement of the partners (when the company is subject to foreign capital restrictions). Each director must own at least a share of the company to qualify him as a director.