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A Nominee Agreement lets someone act legally on behalf of another party while keeping the real owner's identity private. In Belgium, these agreements are common in real estate and investment transactions where confidentiality matters, though they must comply with Belgian anti-money laundering regulations.

The agreement clearly outlines the nominee's duties, limitations, and reporting requirements. Under Belgian law, nominees must disclose their status to financial institutions and maintain detailed records of all transactions. While the arrangement keeps the beneficiary's identity protected from the public, authorities can still access this information when needed.

Consider using a Nominee Agreement when you need to maintain privacy while conducting legitimate business transactions in Belgium. This arrangement works particularly well for real estate investments, company formations, or securities trading where confidentiality is crucial but transparency with authorities remains mandatory.

Nominee Agreements become essential during international business expansions, joint ventures, or when managing multiple properties under a single investment strategy. Belgian law permits these arrangements for legitimate business purposes, provided they meet strict documentation requirements and don't obstruct regulatory oversight. The agreement helps balance privacy needs with compliance obligations.

• Property Nominee Agreements: Used in real estate transactions to hold and manage properties on behalf of investors, with strict reporting requirements to Belgian tax authorities
• Corporate Nominee Agreements: Enable professional nominees to act as company directors or shareholders while maintaining full documentation of beneficial ownership
• Investment Nominee Agreements: Common in securities trading and investment management, allowing discrete portfolio management while meeting Belgian financial regulations
• Trust-Style Nominee Agreements: Structure long-term asset management relationships with detailed control and reporting mechanisms

• Beneficial Owners: The actual owners who wish to keep their ownership private while maintaining control of assets or investments in Belgium
• Nominee Companies: Professional firms that act as formal representatives, often specializing in corporate services and asset management
• Legal Advisors: Belgian lawyers who draft and review agreements to ensure compliance with local regulations and anti-money laundering laws
• Financial Institutions: Banks and investment firms that must verify and process transactions involving nominee arrangements
• Regulatory Bodies: Belgian authorities who oversee nominee relationships and ensure proper disclosure of beneficial ownership

• Identify Parties: Gather complete details of both the nominee and beneficial owner, including legal names, addresses, and registration numbers
• Define Scope: Clearly outline the specific assets, rights, and responsibilities being managed under the nominee arrangement
• Document Powers: List exact actions the nominee can take, including limitations and required approvals from the beneficial owner
• Compliance Check: Ensure alignment with Belgian anti-money laundering laws and beneficial ownership reporting requirements
• Payment Terms: Specify nominee fees, payment schedules, and expense reimbursement procedures
• Exit Strategy: Include clear termination conditions and procedures for transferring control back to the beneficial owner

• Party Details: Full legal identities of nominee and beneficial owner, including registration numbers and addresses under Belgian law
• Scope Definition: Precise description of assets, rights, and duties being managed through the nominee arrangement
• Authority Limits: Clear boundaries of nominee's powers and specific actions requiring beneficial owner approval
• Compliance Declarations: Statements confirming adherence to Belgian anti-money laundering and UBO reporting requirements
• Termination Provisions: Conditions and procedures for ending the agreement and transferring control
• Governing Law: Explicit statement that Belgian law governs the agreement and related dispute resolution procedures

A Nominee Agreement differs significantly from a Custody Agreement in several key aspects, though both involve managing assets on behalf of others. Understanding these differences is crucial for choosing the right legal structure in Belgium.

• Legal Relationship: Nominee Agreements create a representative relationship where the nominee acts as the public face while the beneficial owner maintains control, while Custody Agreements establish direct asset safekeeping responsibilities
• Privacy Level: Nominee arrangements prioritize confidentiality of ownership, whereas Custody Agreements typically operate with transparent ownership structures
• Regulatory Framework: Nominees must comply with Belgian beneficial ownership reporting rules, while custodians face stricter financial institution regulations
• Operating Authority: Nominees usually have limited decision-making power and act on specific instructions, while custodians have broader operational responsibilities for asset protection and management