As I know the declaration of trust is able to protect the benefit of the real shareholder from the nominee shareholder . However, under the record of Hong Kong Registry, the owner is still the nominee sharesholder; at the same meaning, this person seen has the legal control power to interfere the company if the real shareholder still conceal his identity.
Do there any ways to restrict the degree of interference of the nominee shareholder in order to secure the control power of real shareholder??
Urgents need advices ...thanks
Are my undersatanding of nominee shareholder wrong?
2008-08-12 2:46 am
回答 (2)
2008-08-13 1:12 am
As you are well aware, the declaration of trust only confers the beneficial ownership to the beneficiary and the legal ownership goes with the trustee (ie. nominee shareholder). There is absolutely no way that you can physically control the behaviour of an individual who wants to go astray. Law only binds those individuals behaving themselves but not criminals.
Hope it can be of help!
Hope it can be of help!
2008-08-12 4:26 am
The legal power and rights vetted to the nominee shareholder is governed by the terms in the trust deed. He is acting on behalf of the real shareholder upon his instruction and in the normal course of business. Moreover, the original declaration of trust is in the hand of the real shareholder. And, the real shareholder must be informed on the affairs of the company should a critical issue be made. If not, the nominee shareholder may not act in good faith and break the trust thereof and therefore may liable for damages etc to the beneficiary, the real shareholder, under the common law.
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