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A Nominee Agreement lets someone act officially on behalf of another person or company while keeping the real owner's identity private. In Austria, these agreements are common in real estate and investment dealings where businesses want to maintain confidentiality while still following strict Austrian disclosure laws.

The agreement clearly outlines the nominee's duties, limits, and reporting requirements under Austrian corporate law. It must spell out how the nominee handles decisions, manages assets, and protects the beneficiary's interests. Austrian banks and regulatory bodies recognize these arrangements, but they require proper documentation and regular updates to prevent misuse.

Consider using a Nominee Agreement when you need to maintain privacy while conducting legitimate business transactions in Austria. Common scenarios include real estate investments where you prefer not to appear as the direct owner, or when managing international business operations through a local representative.

These agreements prove especially valuable for foreign investors entering the Austrian market, family offices managing wealth discreetly, and businesses structuring complex corporate transactions. The key timing is before initiating any transaction where you need a trusted intermediary to act on your behalf while maintaining confidentiality under Austrian law.

• Basic Nominee: Used for simple asset holdings or single transactions, with clear terms about the nominee's authority and reporting duties
• Corporate Nominee: Designed for business representation, including detailed provisions for board meetings, voting rights, and corporate governance
• Real Estate Nominee: Specifically structured for property transactions, addressing land registry requirements and Austrian property laws
• Investment Nominee: Focuses on financial asset management, with provisions for investment decisions and portfolio handling
• Trust-Style Nominee: Combines nominee services with trust-like features, common in family wealth management scenarios

• Beneficial Owners: Private investors, companies, or family offices who want to keep their ownership confidential while maintaining control of assets
• Nominee Representatives: Professional trustees, lawyers, or corporate service providers who act as the public face of the arrangement
• Legal Advisors: Austrian attorneys who draft and review agreements to ensure compliance with local corporate and tax laws
• Financial Institutions: Banks and investment firms that process transactions and maintain accounts under nominee arrangements
• Regulatory Bodies: Austrian authorities who oversee nominee arrangements to prevent misuse and ensure transparency where required

• Party Details: Gather full legal names, addresses, and registration numbers of both the nominee and beneficial owner
• Asset Scope: Define exactly which assets, properties, or rights the nominee will manage
• Authority Limits: List specific powers granted to the nominee and any restrictions on their actions
• Compliance Check: Review Austrian anti-money laundering requirements and beneficial ownership disclosure rules
• Documentation: Collect proof of identity, ownership certificates, and any required corporate resolutions
• Payment Terms: Outline compensation, expense reimbursement, and payment schedules for nominee services

• Identification Section: Complete details of nominee and beneficial owner, including registration numbers and addresses
• Scope Definition: Precise description of assets or rights covered and specific powers granted
• Duties & Obligations: Clear outline of nominee's responsibilities, reporting requirements, and limitations
• Compensation Terms: Fee structure, payment schedule, and expense reimbursement procedures
• Liability Provisions: Risk allocation, indemnification clauses, and insurance requirements
• Termination Clause: Conditions for ending the agreement and asset transfer procedures
• Austrian Law Compliance: References to relevant local regulations and beneficial ownership disclosure rules

A Nominee Agreement differs significantly from a Custody Agreement in several key aspects, though both involve managing assets on behalf of others. The main distinction lies in the level of control and public disclosure required under Austrian law.

• Control and Authority: Nominee agreements grant the nominee power to act as the apparent owner, while custody agreements simply allow safekeeping of assets without ownership rights
• Legal Ownership: Under a nominee arrangement, the nominee appears as the legal owner in public records, while custodians never claim ownership status
• Purpose: Nominee agreements focus on maintaining privacy in business transactions, while custody agreements primarily ensure safe asset storage
• Regulatory Requirements: Nominee arrangements face stricter Austrian beneficial ownership disclosure rules compared to custody relationships
• Operational Scope: Nominees can actively manage investments and make decisions, while custodians mainly provide administrative services