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The unspoken, constant, offshore scandals associated with the disclosure of the constituent documents of offshore companies lead to a growing interest in the institution of nominal directorship, which appeared in Western business practice in the middle of the last century, and in the post-Soviet latitudes – along with the legalization of market relations.

As is known, the essence of recent incidents came down to the fact that data on foreign owners of offshore businesses became publicly available.

Most states do not encourage such actions by their citizens, especially if these citizens are directly related to the political life of the country or are public figures. In international legal practice, it is customary to combat tax evasion by compiling “offshore black lists” and punishing those who display the legal addresses of enterprises in the territories specified in these lists. In this context, there is nothing surprising in the awakening of increased interest in nominee directors, since they allow for a simple way out of this seemingly stalemate situation.

Who is a nominee director?

In short, a nominal director is a company manager who is such only on paper. As for the administrative and management functions, they all remain in the hands of the real owner (the separation of powers is prescribed in the contract and notarial documents when cooperation with the nominal is just beginning). As for the nominal director, his main (and sometimes only) function is to cover the name of the real owner so that no one would guess anything if there was a sudden leak of confidential information.

Now about legality

First of all, it should be said that it is practically impossible to prove the “nominal nature” of a particular manager. At least, if he knows about his mission, has at least a superficial idea of ​​the business he heads, and is able to answer basic questions regarding the type of activity of the company being inspected. In this case, the inspection service is unlikely to be able to gather enough grounds for an official claim.

It would be naive to assume that most businessmen who have registered their business offshore do not use such a service.

You can get advice on the services of a nominal service for a company in Ukraine or an offshore company here. Fill out the form and get qualified advice from legal consultants at Poshuk.info.