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If Article 8 is set aside and the brokerage account is considered purely under principles of common law, there is a possibility of construing the collection of brokerage accounts in the intermediated custodial holding chain as a collection of directed agency nominee trusts. According to this legal theory, each securities position with respect ...
A nominee trust is a legal arrangement whereby a person, termed the settlor, appoints another person, termed the "nominee" or "trustee", to be the owner of the legal title to some property. [1] Although the legal title is transferred to the nominee, the beneficial ownership of the property is transferred to a third person, termed the beneficiary .
A custodian bank, or simply custodian, is a specialized financial institution responsible for providing securities services. It provides post-trade services and solutions for asset owners (e.g. sovereign wealth funds , central banks , insurance companies ), asset managers , banks and broker-dealers .
[1] [page needed] In the US where Cede & Co. is the street name holder, therefore, all beneficial rights such as voting rights and dividends flow first to the nominee holder Cede, and then are passed onward, and ultimately to the beneficial owners. [2] In the United Kingdom this is known as holding shares in a nominee account.
A nominee director's name would appear on all corporate paperwork in place of the beneficial owners, and like nominee shareholders, few jurisdictions can compel a nominee director to divulge the identity of beneficial owners. [15] A further hurdle is that some jurisdictions allow a corporation to be named as a director. [15]
In reality, they will hold the securities via a custodian, so the custodian's nominee details will appear on the company's register. This is known as holding stock in the 'domestic' market. Securities held this way can only be traded domestically i.e. in the market of the country of origin.
The term has evolved since its first recorded use in American writer Henry David Thoreau’s book "Walden" which reports his experiences of living a simple lifestyle in the natural world, Oxford ...
Despite the uniform law, however, differences remain, as states still harbor rich differences in fiduciary law. Each state adopting the UTC has incorporated changes into their version of the Code, reflecting certain peculiar or long-standing exceptions in their own state's law that legislators intend to preserve.