The Nominee Declaration Form is a crucial document used in Canadian business and financial transactions to formally establish and document nominee arrangements. This document is required when one party acts as a nominee holder of assets, securities, or rights on behalf of a beneficial owner, ensuring compliance with Canadian federal and provincial regulations, including the Canada Business Corporations Act, provincial Securities Acts, and anti-money laundering legislation. The form includes detailed information about the parties involved, the assets being held, the scope of the nominee's authority, and various compliance declarations. It serves as evidence of the legal relationship between the parties and helps maintain transparency in beneficial ownership structures while meeting regulatory requirements for disclosure and documentation.
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1. Parties: Identification of the Nominee and the Beneficial Owner, including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the nominee arrangement and the purpose for which it is being established
3. Definitions: Key terms used throughout the document, including 'Nominee', 'Beneficial Owner', 'Assets', and other relevant terms
4. Declaration of Nominee Status: Formal declaration that the Nominee holds specified assets solely as a nominee for the Beneficial Owner
5. Assets Description: Detailed description of the assets or rights being held under the nominee arrangement
6. Terms of Nominee Arrangement: Core terms governing the nominee relationship, including duties, responsibilities, and limitations
7. Instructions and Authority: Scope of authority granted to the Nominee and process for receiving/acting on instructions from the Beneficial Owner
8. Representations and Warranties: Statements of fact and promises made by both parties regarding their capacity and authority
9. Termination: Conditions and process for ending the nominee arrangement
10. Governing Law: Specification of applicable Canadian law and jurisdiction
1. Compensation: Terms of payment or fees for nominee services, if applicable
2. Indemnification: Provisions for protecting the Nominee from liability when acting properly under the arrangement
3. Confidentiality: Provisions regarding the confidential nature of the arrangement and handling of sensitive information
4. Assignment: Whether and how the nominee rights/obligations can be transferred to another party
5. Dispute Resolution: Specific procedures for resolving disputes between parties
6. Tax Matters: Special provisions regarding tax treatment and responsibilities, if relevant
7. Reporting Requirements: Additional reporting or disclosure obligations beyond standard requirements
1. Schedule A - Asset Register: Detailed listing of all assets held under the nominee arrangement
2. Schedule B - Fee Schedule: If applicable, detailed breakdown of fees and payment terms
3. Schedule C - Authorized Representatives: List of individuals authorized to give instructions on behalf of the Beneficial Owner
4. Appendix 1 - KYC Documentation: Required Know Your Client documentation and verification of identity
5. Appendix 2 - Compliance Certificates: Any required regulatory or compliance certifications
6. Appendix 3 - Operating Procedures: Detailed procedures for routine operations and communications between parties
Relevant legal definitions
Agreement
Applicable Law
Assets
Authorized Representative
Beneficial Owner
Business Day
Confidential Information
Control
Effective Date
Encumbrance
Governing Law
Instructions
Nominee
Nominee Arrangement
Nominee Services
Notice
Party/Parties
Person
Records
Regulatory Authority
Related Party
Representatives
Securities
Security Interest
Term
Transfer
Ultimate Beneficial Owner
Working Hours
Applicable Law
Assets
Authorized Representative
Beneficial Owner
Business Day
Confidential Information
Control
Effective Date
Encumbrance
Governing Law
Instructions
Nominee
Nominee Arrangement
Nominee Services
Notice
Party/Parties
Person
Records
Regulatory Authority
Related Party
Representatives
Securities
Security Interest
Term
Transfer
Ultimate Beneficial Owner
Working Hours
Clauses
Appointment
Declaration of Trust
Authority and Powers
Duties and Obligations
Instructions
Representations and Warranties
Compliance
Record Keeping
Confidentiality
Indemnification
Liability
Fees and Expenses
Term and Termination
Assignment
Notice
Governing Law
Dispute Resolution
Force Majeure
Regulatory Compliance
Anti-Money Laundering
Reports and Statements
Amendment
Severability
Entire Agreement
Counterparts
Declaration of Trust
Authority and Powers
Duties and Obligations
Instructions
Representations and Warranties
Compliance
Record Keeping
Confidentiality
Indemnification
Liability
Fees and Expenses
Term and Termination
Assignment
Notice
Governing Law
Dispute Resolution
Force Majeure
Regulatory Compliance
Anti-Money Laundering
Reports and Statements
Amendment
Severability
Entire Agreement
Counterparts
Relevant Industries
Financial Services
Real Estate
Investment Management
Securities and Trading
Corporate Services
Trust Services
Legal Services
Banking
Private Equity
Venture Capital
Relevant Teams
Legal
Compliance
Corporate Secretariat
Risk Management
Investment Operations
Corporate Governance
Regulatory Affairs
Trust Administration
Securities Administration
Relevant Roles
Corporate Secretary
Legal Counsel
Compliance Officer
Trust Officer
Investment Manager
Corporate Director
Financial Controller
Risk Manager
Company Secretary
Securities Administrator
Regulatory Affairs Manager
Corporate Governance Officer
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