A nominee trust is a trust in which the trustee holds legal title to the trust property for the trust's beneficiaries, but the beneficiaries exercise the controlling powers, and the actions that the trustees may take on their own are very limited. Such trusts are a common device for holding title to real estate, and afford certain tax advantages. A nominee trust is not a trust in the strict classical sense, because of the trustee-beneficiary relationship. Despite a nominee trust's nontraditional relationship between trustee and beneficiary, such a trust must still adhere to the rule that no trust exists when the same individual is the sole settlor, sole trustee, and sole beneficiary. The trustees of a nominee trust act at the direction of the beneficiaries.
Wake North Carolina Nominee Trust
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How to fill out Nominee Trust?
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FAQ
By Practical Law Corporate. A declaration of trust for use where shares in a company incorporated in England, Wales or Northern Ireland are registered in the name of a nominee shareholder but held for the benefit of another person (the beneficial owner).
The property is held in the name of the trustee (or trustees), but the trustee has no discretion over the assets held in trust. The trustee of a bare trust is a mere nominee, in whose name the property is held. Except in the case of bare trusts for minors, the trustee has no active duties to perform.
The nominee is someone or a company who assumes a title on a securities transaction or other property in order to facilitate certain transactions with the owner as their real, legal title.
Living trusts, Totten trusts, and nominee trusts are the main types of revocable trusts. They can be revoked, amended, or terminated by the trust grantor, the person who creates the trust, any time before his or her death.
A Nominee Trust is often used as way to provide anonymity to property ownership because the beneficiaries of a Nominee Trust are not listed with the Registry of Deeds. This will enable the property to pass to your beneficiaries in a manner that avoids probate, possible creditor claims, and reduces costs.
A nominee trust is an example of a bare trust: this is a simple type of trust where the trustee acts as the legal owner of some property but is under no obligation to manage the trust fund other than as directed by the beneficiary, and where there are no restrictions beneficiary's right to use the property.
A nominee trust is a tool used to hold title to real estate. The real property is transferred from the title holder(s), into the trust, and the trust becomes the holder of the real property. In fact, real property can be held by any trust, not just a nominee trust.
A nominee arrangement gives rise to a bare trust over the shares, under a bare trust the nominee has no discretion over the assets subject to the trust. Please note that a nominee shareholder can be an individual or a company and, it is also possible to have more than one nominee holding legal title to shares jointly.
