A nominee is someone whose name is provided as a place holder. They satisfy a requirement, often with their name publicly available, but they do not in truth own or control the underlying asset or document. An easy example would be our nominee service for annual report filings. There we act as a representative for the company, but we have no role or part in the company's operations, finances, etc.
The relationship is set up this way to protect both parties. You do not want us having a role in the company or access to accounts. This is reasonable. We also do not want to be seen as having an active role in your company. We are not a part of your daily affairs and that separation should be clear. We have a nominee agreement delineating this relationship. Discover more information on how Wyoming LLCs keep you anonymous here.
Nominees are generally used to sign public documents. Examples of these include Articles of Organization or Incorporation, deeds, titles, Secretary of State filings, leases and contracts. Rather than listing everything we can be nominee for it would be easier to list what we cannot.
We cannot sign forms which require us to make representations beyond our ability. We are not intimately familiar with your company and do not function as your in house counsel. Accordingly, if the document being signed requires us to make financial representations, then that would be beyond our ability. You would either need to retain our services to familiarize us with your company or find someone familiar enough with your finances to make the representation.
We also will not list ourselves as the owner of financial accounts. For example, if you are receiving a large wire from overseas, we will not designate ourselves as the recipient.
Nominee services are surprisingly common. For example, everyone for whom we form their Wyoming LLC uses us as a nominee on their initial formation documents. Such services should be used by anyone who takes their privacy seriously. A decade ago public documents were still relatively difficult to find with physical copies having to be requested. Today, everything has been digitized. For this reason alone privacy has become much more of a buzzword recently.
A common use for our services is when you are filing for an LLC in a state that does not allow anonymous ownership. In such cases, you may also follow our guide on using a double limited liability set up.
We offer two standard options. If you are a trust client or have a special situation, then please contact us today.
The double company strategy above is not always possible. This is because the Secretary will require the name of the filer. For example, in Colorado, even if an entity is filing the Articles, the Secretary still require a person's name. As noted, you may either use a professional incorporator or you may file the using our name and signature. Our nominee document signing is popular for public documents (such as titles) and when additional privacy is desired, e.g. employment contracts.
We believe it is ok to pursue privacy. Many clients believe we assume the worst when they ask about privacy. We don't. We understand there is a lot of information out there and many bad actors. There is no reason to make your private life public, and with us you don't have to. Discover more on our page for Wyoming LLC privacy and form an LLC today.