FAQ - Frequently Asked Questions

  • Will the owner maintain his control over the management and direction of their companies where nominee members act on their behalf?

    When the owner does not hold the position of the chief executive of the company, but is replaced by a nominee executive, he maintains control of his company through a special contract made for this purpose in accordance with the Commercial Code. Furthermore, the nominee executive can carry out only those tasks that are based on instructional letters (instructions) given by the owner.

  • Can a nominee executive grant the real owner (or a chosen person) general power of attorney, so that the real owner can carry out tasks without participation and knowledge of the nominee executive?

    In case of a nominee executive, a general power of attorney is not used. However, for individual instances either a temporary power of attorney or one for the given purpose can be used. Such a power of attorney is always granted upon the specific instructions of the company owner.

  • What are the means of protection against possible damages caused deliberately or through negligence during the mandate of the nominee representative?

    Cases of damages and their retributions are defined through an Agreement concerning the Assumption of Liability, which stipulates the liability for possible damages arising from the activities of any nominee executive(s).

  • Is it possible to recall a nominee representative? What is the procedure?

    Yes, a nominee representative can be recalled by a simple process. It suffices to recall the nominee representative and thus, at the same time, terminate the contract about the execution of his function.

 
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