What to Do if you Need a Nominee Director for Your Company?
If you are starting your company, you might have come across the term ‘Nominee Director.’ Before appointing a nominee director for your company, there are a few elemental points you should familiarize yourself with.
This article will give you complete information on appointing nominee directors uk company, the documents you need to provide ahead of the appointment, and more.
We will start the discussion by letting you know that appointing a nominee director or parent company is optional and will most likely happen during the initial stages of registering your company. If you want to speak with our adviser please call on 03300 887 912
Do you need a Nominee Director?
Whether you need a nominee director or not depends entirely on you. You will, however, be required to provide a nominee director service who’s name to be included in the list of board of directors.
Choosing a nominee director is entirely optional. However, a nominee director will give your company the advantage of anonymity when conducting business-related activities.
There are essentially two principal reasons why you would need a nominee director.
You do not Wish to Have your Name Listed on the Public Registry
The Companies House maintains all the records of registered companies along with the names of shareholders and directors.
However, if you don’t want to have your name listed on the public register, you can appoint a nominee director to act as the ‘face’ of the company. Despite that, you’ll still be the sole beneficiary owner of the company with complete control of the business.
You Wish to Avoid Paying Excessive, Unnecessary Taxes
If you are a foreign national investing in the UK or an overseas business owner, you can choose to have a local nominee director who can help you save money on taxation.
Nominee Director – Job Requirements
Although appointing a nominee director is optional, it is still legitimate. Setting a nominee director is quite similar to selecting a nominee secretary or real director. A nominee director:
- Should be a natural person
- Should be over 16 years of age at least
- Should not be bankrupt
- They shouldn’t have been disqualified for the role of a director in the past
- Should not be the company’s auditor
A nominee director can act only on behalf of the shareholder or beneficiary owner and is not legally permitted to take business decisions without consulting with the director. Any deviations from this can attract legal charges, and it will be seen as a breach of contract.
How to Get a Nominee Director For your Company
There are two ways in which you can get a nominee director for your company. You can choose:
To do it Yourself
You can look for a nominee director by yourself. However, you should know that it is time-consuming and not always fruitful.
Moreover, the legal documents and contract agreements can be overwhelming for a novice. You can try the ‘do-it-yourself’ option only if you have prior experience in appointing nominees and directors.
The Services of Corporate Service Providers (CSP)
The second option is to engage the services of Corporate Service Providers (CSP). CSP makes the entire appointing process easier and convenient. You would be required to provide precise information on your company director and requirements.
Information you Should Provide the Service Provider
The service provider will appoint a nominee director for your company if you provide the company secretary following information.
- Reasons for appointing a nominee director
- Identity and address proof of the beneficiary owner or business owner
- Information about the nature of your business
Documents you Need to Appoint a Nominee Director
These are some of the legal documents you’d need to make the former director duties appointment legal. You’d also require these documents if you run into legal trouble with the nominee director.
1. A Signed Agreement Between Both the Parties
The signed agreement should ideally have complete information of both the owner and the nominee. The information should include the names of both parties, addresses, identification numbers, and more.
The name and details of bank account of the appointed nominee will appear on the public registry, and you will remain anonymous.
2. Nominee and Beneficiary Owner’s Agreement
The nominee agreement will stipulate that the nominee services said person does not have control over the company’s workings and that the owner retains complete control. Both parties should sign this agreement.
The beneficiary owner’s agreement essentially protects the rights and interests of the beneficial owner. This legal document will come in handy if proof of ownership is required to be proved in the future.
3. Updated Signed Resignation Letter from the Nominee
The nominee director should hand over a signed and undated resignation letter before taking charge. If you wish to cease the services of the nominee or he decides to resign from his position in the company, powers will be completely transferred back to you.
4. Power of Attorney
A general power of attorney document is mandatory as the nominee shareholder or director must perform duties such as signing agreements, opening bank accounts, and more.
Since only the nominee’s name will appear on the public registry, the owner would require a general power of attorney to ascertain his control over the company.
How long is the Nominee Director Service valid?
The Nominee Director Service has a validity of 12 months. After this period, you have the option to renew the service or we can resign as Director of your company.
To ensure you have ample time to make a decision, we will send you an email reminder 1 month before the service is due to expire.
Our service offers the opportunity to have a dedicated individual appointed to your company for a period of 12 months. It is important to note that any request for identification documents will incur extra fees.
When can I buy a Nominee Director Service?
When incorporating your company, you have the option to choose a Nominee Director. This individual will be appointed during the incorporation process and their details will be included in the company’s incorporation documents.
This allows for an added layer of privacy and can be beneficial for those who prefer not to have their own name listed as a director.
The price of the Nominee Director service covers the appointment of the Director to the company. However, it does not include the signing of documents, except for the company documents.
Wrapping Up
These are some of the most critical points to note when appointing a nominee for your company. While searching for the right nominee director could be a daunting task for many business owners, seeking the help of experienced authorised firm can make the entire process easier and legally compliant.
Frequently Asked Questions
What is the benefit of nominee director?
Nominee directors provide anonymity and privacy to the beneficial owner of a company, as well as compliance with legal requirements for having a resident director in the UK.
Is nominee director legal in the UK?
Yes, nominee directors are legal in the UK, and can act as a director appointed by a shareholder or beneficiary owner, provided they adhere to the duty of acting in the best interests of the company and consulting with the director before making business decisions.
What is the difference between nominee director and shareholder director?
Nominee directors have more power and authority than nominee shareholders, as they are involved in the management and decision-making of the company. Conversely, shareholder directors only have rights to vote at meetings and certain other actions.
What are the risks of nominee director?
Using a nominee director can lead to decisions that are not in line with your goals, as well as potential conflicts of interest, making it important to thoroughly assess the risks before taking this step.
What is the role of a nominee director?
A nominee director is appointed by a business owner to act on their behalf, taking the role of company director and maintaining its legal responsibilities.
