The Nominee Declaration Form is a crucial document in Philippine corporate governance and regulatory compliance. It is required when establishing nominee arrangements where assets, shares, or positions are held by one party on behalf of another. The document ensures compliance with Philippine regulations, including the Revised Corporation Code, Securities Regulation Code, and Anti-Money Laundering Act. The form must be used whenever a nominee arrangement is established or modified, requiring detailed disclosure of the beneficial owner's identity, the nature of the arrangement, and compliance declarations. This document plays a vital role in maintaining transparency in corporate ownership structures and preventing unauthorized dummy arrangements that might violate Philippine nationality requirements in restricted business sectors.
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1. Details of Parties: Identification of the Nominee and the Beneficial Owner, including full legal names, addresses, and registration details if corporate entities
2. Declarations: Clear statements by the Nominee confirming their role, acknowledging they hold assets/shares on behalf of the Beneficial Owner
3. Nature of Nominee Arrangement: Specific details of the assets/shares being held, including quantity, value, and any identifying details
4. Terms of Nominee Arrangement: The conditions under which the Nominee holds the assets, including duties, responsibilities, and limitations
5. Beneficial Ownership Confirmation: Express confirmation of the true beneficial ownership of the assets/shares
6. Compliance Statements: Declarations regarding compliance with Philippine laws, including Foreign Investments Act and Anti-Money Laundering regulations
7. Duration and Termination: Period of the nominee arrangement and circumstances under which it can be terminated
8. Execution: Signature blocks for all parties and witnessing requirements
1. Consideration: Details of any payment or consideration for the nominee services, if applicable
2. Indemnification: Provisions for indemnifying the Nominee against certain risks or liabilities, if agreed
3. Governing Law and Jurisdiction: Specific choice of law and jurisdiction clauses, particularly relevant for international arrangements
4. Confidentiality: Provisions regarding the confidentiality of the arrangement, subject to legal disclosure requirements
5. Power of Attorney: Specific powers granted to the Nominee, if any additional authority is required
1. Schedule A - Asset Details: Detailed description of the assets/shares subject to the nominee arrangement
2. Schedule B - Required Disclosures: Specific disclosures required by Philippine regulations, including beneficial ownership information
3. Schedule C - Supporting Documents: List of attached documents such as ID proofs, corporate resolutions, or other relevant certificates
4. Appendix 1 - Corporate Authorizations: Copies of relevant corporate authorizations or board resolutions approving the nominee arrangement
5. Appendix 2 - Compliance Certificates: Copies of any required regulatory compliance certificates or clearances
Relevant legal definitions
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Financial Services
Banking
Corporate Services
Investment Management
Real Estate
Securities Trading
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Corporate Governance
Regulatory Compliance
Relevant Teams
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Compliance
Corporate Secretarial
Risk Management
Corporate Governance
Regulatory Affairs
Investment Operations
Trust Administration
Board Secretariat
Securities Operations
Relevant Roles
Corporate Secretary
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Compliance Officer
Board Director
Trust Officer
Investment Manager
Corporate Governance Officer
Risk Management Officer
Chief Legal Officer
Company Secretary
Regulatory Affairs Manager
Securities Compliance Officer
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