Nominee Declaration Form for United Arab Emirates

Nominee Declaration Form Template for United Arab Emirates

A formal declaration document used in the United Arab Emirates that establishes and evidences a nominee arrangement, where one party (the Nominee) formally acknowledges holding assets, shares, or positions on behalf of another party (the Beneficial Owner). The document complies with UAE Federal laws, including the Commercial Companies Law and beneficial ownership regulations, ensuring transparency in ownership structures while protecting the interests of all parties involved. It includes detailed declarations, obligations, and compliance statements required under UAE law, particularly addressing anti-money laundering requirements and economic substance regulations.

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What is a Nominee Declaration Form?

The Nominee Declaration Form is a crucial document in the UAE's corporate and regulatory framework, designed to ensure transparency and compliance with beneficial ownership requirements. This document is typically required when establishing nominee arrangements in the UAE, whether for holding shares, assets, or positions. The form must comply with various UAE regulations, including Federal Law No. 32 of 2021 (Commercial Companies Law) and Cabinet Resolution No. 58 of 2020 regarding beneficial ownership disclosure. The Nominee Declaration Form includes comprehensive details about the nominee arrangement, the parties involved, specific assets or shares being held, and necessary compliance declarations. It serves as official documentation for regulatory authorities and provides protection for both the nominee and beneficial owner by clearly defining their relationship and respective obligations.

What sections should be included in a Nominee Declaration Form?

1. Parties: Details of the Nominee (declaring party) and the Beneficial Owner, including full legal names, addresses, and identification numbers

2. Background: Context of the nominee arrangement, including reference to the main agreement or arrangement under which the nominee holds assets or shares

3. Definitions: Key terms used in the declaration, including 'Nominee', 'Beneficial Owner', 'Assets', 'Shares' and other relevant terms

4. Declaration of Nominee Status: Clear statement that the Nominee holds the assets/shares solely as a nominee for the Beneficial Owner

5. Details of Assets/Shares: Specific description of the assets or shares held under the nominee arrangement

6. Beneficial Ownership Confirmation: Explicit confirmation of the true beneficial ownership of the assets/shares

7. Nominee's Obligations: Detailed list of the nominee's duties and responsibilities regarding the held assets/shares

8. Compliance Declarations: Statements confirming compliance with UAE laws, particularly regarding beneficial ownership disclosure and anti-money laundering regulations

9. Instructions and Authority: Scope of authority granted to the nominee and mechanism for receiving instructions from the beneficial owner

10. Execution: Signature blocks with attestation requirements as per UAE law

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

1. Power of Attorney: Required when specific powers need to be granted to the nominee to act on behalf of the beneficial owner

2. Regulatory Notifications: Include when the arrangement requires specific notifications to regulatory authorities

3. Term and Termination: Required when the nominee arrangement has a specific duration or termination conditions

4. Governing Law and Jurisdiction: Include when the arrangement involves cross-border elements or specific emirate jurisdiction preferences

5. Confidentiality: Include when there are specific confidentiality requirements beyond standard nominee obligations

6. Fee Arrangements: Required when the nominee arrangement involves payment of fees or expenses

What schedules should be included in a Nominee Declaration Form?

1. Schedule 1 - Asset Register: Detailed list of assets/shares held under the nominee arrangement

2. Schedule 2 - Identification Documents: Copies of required identification documents for both parties

3. Schedule 3 - Corporate Documents: Relevant corporate documents evidencing the nominee arrangement

4. Appendix A - Regulatory Forms: Required regulatory forms for beneficial ownership disclosure

5. Appendix B - Instructions Protocol: Agreed procedure for giving and receiving instructions regarding the assets/shares

Authors

Alex Denne

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

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A UAE legal document declaring eligibility for and claiming specific exemptions from legal requirements or regulations, requiring proper authentication under UAE law.

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What is a Nominee Declaration Form?

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

What schedules should be included in a Nominee Declaration Form?

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