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Nominee vs direct shareholding

Also called Nominee structure, Bare trust

Whether your shares are registered in your own name or held for you by a nominee company that appears on the register in your place — a distinction that decides who votes, who is informed, and how easily you can sell.

In plain English

When you invest through a crowdfunding platform or a syndicate, your shares are usually held by a nominee: a company that is the legal owner on the register while you remain the beneficial owner. Economically the shares are yours. Legally, the person the company recognises is the nominee.

This matters in four concrete ways. The nominee votes, usually by aggregating the wishes of the underlying holders or, in some structures, at its own discretion. The nominee receives the information rights, and passes on what it chooses to pass on. The nominee signs documents in a sale, which is why nominee structures make exits administratively easy for founders. And the nominee is a company that must continue to exist and function for the entire life of your investment.

Direct shareholding gives you all of that back and imposes the corresponding burden: you sign every consent, you appear in every register, and the company deals with you individually. Founders find a hundred direct small shareholders genuinely painful, which is precisely why nominee structures exist.

A nominee arrangement is not an SPV. In a nominee structure the shares are held on bare trust for you specifically — your holding is identifiable and separable. In an SPV you own an interest in a company that owns shares, which is a different and more layered thing, with different tax consequences.

What it means for your cheque

For most small cheques a well-run nominee is the better outcome. It costs you almost nothing, keeps you off the company's administrative critical path, and means an acquirer will not need to chase your signature during a sale — which, in a tight deal, is a genuine risk to the transaction.

The thing to verify is the nominee's own resilience. Read what happens if the nominee company is wound up or the platform behind it fails. A properly structured bare trust protects your beneficial ownership in that event; a loosely drafted arrangement can leave you arguing about it. This is the question to ask before investing, because it is unanswerable afterwards.

Do the arithmetic

The same £5,000 held two ways

Two angels each put £5,000 into the same round. One holds directly, one through the platform's nominee. Four years later the company is acquired and there is a follow-on round in between.

Follow-on round — who is offered pre-emptionDirect: offered individually. Nominee: only if the nominee passes it on
Shareholder vote on the acquisitionDirect: votes personally. Nominee: nominee votes, usually on aggregated instructions
Signature pages at the exitDirect: signs. Nominee: nominee signs on behalf of all holders
Annual accounts and updatesDirect: from the company. Nominee: whatever the nominee forwards
UK SEIS/EIS reliefAvailable under both, provided the nominee holds on bare trust
Time cost over four yearsDirect: several hours of paperwork. Nominee: near zero

The nominee holder traded influence for convenience. On a £5,000 cheque that is almost certainly the right trade; on a £200,000 cheque it is not.

At the table

What to negotiate

  • Ask whether the nominee holds on bare trust with your beneficial ownership recorded separately — this is what protects you if the platform fails.
  • Ask how voting instructions are collected, and what the nominee does when holders disagree.
  • Establish whether pre-emption offers in future rounds are passed through to you individually.
  • If you hold directly, ask to be added to the company's investor update list explicitly. Being on the register does not automatically get you the email.
  • For UK investors: confirm in writing that the nominee structure preserves SEIS/EIS relief before you subscribe.

Around the world

How this differs by market

Nominee vs direct shareholding: common questions

Do I still own the shares if a nominee holds them?
You own them beneficially — the economic rights are yours and a properly drafted bare trust keeps them separate from the nominee's own assets. What you do not have is legal title, which is what determines who the company recognises, who votes and who signs.
Does a nominee structure affect SEIS or EIS relief?
Not if it is set up correctly. HMRC accepts nominee holdings for SEIS and EIS where the nominee holds on bare trust for the individual investor. Get confirmation in writing rather than assuming, because the structure is what matters and not the label.
Can I convert a nominee holding into a direct one?
Usually yes, on request and sometimes for a fee, though platforms vary and some resist it. It is worth doing if your holding has grown large enough that you want a vote and direct information rights.