Insert name in the Nominee Agreement

Aug 6th, 2022
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How to insert name in the Nominee Agreement

5 out of 5
38 votes

lets talk about and or nominee its uh something that hasnt really been accepted in Alberta legally for over a decade yet were still seeing it on contracts at times so lets break it down and talk about why so parties to the contract if you remember from your real estate course uh the party to the contract is one of the five core contract elements so both parties have to know who the other party is the same reason you cant have an unnamed person so what and or nominee does is effectively that now weve contacted Rika area and several lawyers for opinions on this and its still being used out there fairly often often in the investment side of things or with investor clients but the reality is if its Court tested how is it interpreted so the current uh kind of precedent with the Alberta courts is which is it they dont know how to interpret and or nominee so is it and if its and then whos the other party you have to name them they have to sign the contract they have to fill out al

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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.
The nominee agreement will provide express authority to the nominee to do specific things and all the parameters necessary to complete these tasks must be defined within the agreement. In real estate matters, the nominee agreement may even temporarily transfer legal ownership of a property to another person.
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.
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.
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
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.

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