Finish construction in a Nominee Agreement - Online Editor

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What is nomination in contract law?

A nudum pactum is a bare agreement, a promise or undertaking without any consideration for it. Blacks Law Dict, 5th Ed., 1979. Where there is a nudum pactum, there is no consideration, and the contract is not valid and not enforceable.

What is a nominee in contract law?

A nominee is generally understood to mean one who is appointed by the originally responsible party but who has not contractually agreed to assume those responsibilities. In a real estate transaction, typically the assignee or nominee becomes the buyer in place of the named buyer in the contract.

What is a nomination clause?

A nomination clause is to be distinguished from a novation of the agreement as it is restricted in being a right for the benefiting party to direct a transfer to the nominee. A nomination clause does not result in the nominee becoming a party to the contract. Consequently, the nominee can reject the nomination.

What is the purpose of a nominee agreement?

This is a form of a nominee agreement used to document the relationship of a bare trustee all of which typically provide that the nominee has no ownership interests at all and is merely registered on title as a convenience to and as an agent for the true beneficial owner, which beneficial owner has exclusively

Is a nominee agreement a trust?

The nominee trust is not a trust - it is an agency arrangement in which the trustees are agents for undisclosed principals.

What are nominee arrangements?

A nominee agreement is an arrangement between two parties where one person consents to acting as a director, secretary or shareholder for a company which is owned by someone else.

What does a nominee agreement do?

A nominee agreement is an agreement where one person agrees to act on behalf of another person in certain legal matters. A nominee agreement is like a power of attorney but may be broader in scope. A nominee may receive a payment for services or may agree to conduct the affairs of without charge.

What is the nominee clause in an agreement?

The term Nominee when used with respect to the Depositary shall mean such nominee or nominees of the Depositary as it shall appoint from time to time to act on its behalf in connection with the performance of its duties and obligations under this Deposit Agreement.

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