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A nomination clause is to be distinguished from a novation of the agreement as it is restricted in being a right for the benefiting party to direct a transfer to the nominee. A nomination clause does not result in the nominee becoming a party to the contract. Consequently, the nominee can reject the nomination.
Purchasers often nominate a third party to perform the obligations under an agreement for sale and purchase. They flag their intention to do so by using the words and/or nominee on the front of the agreement.
A Nominee Trust is an estate planning tool that is unique to Massachusetts. It is essentially a realty trust in which the trust holds the property for the beneficiaries, but the beneficiaries are able to exercise control over the real property.
A nominee (pursuant to a nomination by the deceased during their lifetime) acts only as a trustee on behalf of the rightful legal heirs, holding any property until the matter of succession or inheritance has been decided under law.
Example: In a real estate purchase agreement, Bob Buyer agrees to purchase the property, but provides that title (legal ownership) will be granted to "Bob Buyer or nominee," so that Buyer can sell his rights to another person before the deal closes, or because Buyer is really acting for someone else.
A nominee is ordinarily a related entity to the buyer named in the purchase and sale agreement. An assignment occurs when the buyer assigns their interest in the purchase and sale agreement to someone else. An assignee is an entirely different person or entity.
As a nominee, they holds the flat in trust for the legal heirs of the deceased and they will be bound to transfer the flat in the name of such legal heirs and will not be legally entitled to sell/transfer the flat to any third party without the daughter's consent.
A "nominee" is someone who is given limited authority to act on behalf of an entity, usually for a limited period of time, and usually during the formation of the entity. The "principal officer, general partner," etc., as defined by the IRS, is the true "responsible party" for the entity, instead of a nominee.
Generally, a nominee defines an individual or company whose name appears on securities or real estate. First and foremost, their purpose is to assist the progress of a particular transaction. Note, however, that the legal owner remains the initial buyer. Thus, the nominee functions as a caretaker or supervisor.
A nominee agreement is an agreement where one person agrees to act on behalf of another person in certain legal matters. A nominee agreement is like a power of attorney but may be broader in scope. A nominee may receive a payment for services or may agree to conduct the affairs of without charge.