In law, there are two noteworthy sorts of directors, effective and non-effective directors. A nominee director has a place with the second category and is delegated for an interested individual on account of new businesses, it is most commonly an equity investor.
Individual who goes about as a non-executive director on the top directors of a firm, in the interest of someone else or firm, for example, loan specialist, financial specialist or a bank. Likewise, a resident in a tax haven who lends his or her name to a non-inhabitant as a trustee on the leading body of an offshore firm in that tax haven. Ordinarily, there is no shareholding prerequisite for the chosen one executive be that as it may, if the standing rules of a firm force a share qualification, the individual must acquire them inside the specified period. Some jurisdictions enable a firm to be named as a chosen one chief of another firm. Additionally called a straw man.
Are shares held by a nominee director in the Company?
A nominee director is quite often a non-executive director and isn't a shareholder of the company.
Can a Company act as a nominee director?
In certain countries, a company or an LLP can be designated as a nominee director, charging a nominee director fee in your Company. Be that as it may, in India, it is the training for a person to be the chosen one and regularly an organization or a reserve isn't delegated as a candidate.
It would likewise be illogical since the purpose of having a nominee is to have a supervisory entity and an inanimate entity like an organization can't be in a supervisory position.
What powers and obligations does a nominee have?
The principal motivation behind why a nominee is delegated is to have the ability to regulate and sit in on the procedures of the board and to be available at the gatherings of the board.
A nominee is a representative of the financial investor or the outside party getting engaged with the Company, has a double, practically clashing position. As the chief of the organization, on the other hand, he needs to serve the company and take activities that are to the greatest advantage of the company. In the meantime, since he has been delegated to ensure the interest of the financial investors putting resources into the organization, he needs to likewise ensure that the investors’ interests are protected, regardless of whether that now and again implies conflicting with the interest of the company.
Will a start-up get a state in who its nominee director will be?
A start-up normally can voice a sentiment concerning who the delegate of the financial investor sitting on its board will be for example the fundamental board part, yet the start-up does not have a voice concerning who the nominee director will be. This is because the nominee is simply the investors’ agent, and the investor would be very excited about designating someone in particular as its nominee.