Declaration of Trust for Domain Names

Our Declaration of Trust for Domain Names template:

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Our Declaration of Trust for Domain Names template is for use where a nominee holds a single domain name or multiple domain names in trust for someone else. Either could be an individual or a company. The Declaration of Trust template is brief, without unnecessary waffle, making it quick and simple for you to use.

Put the declaration of trust in place straight-away when  you realise that the domain name has been registered in the name of someone other than the real owner.

Whenever a domain name has been registered in the name of a nominee such a declaration of trust should be made as soon as possible, so no disputes arise later as to the true ownership.

The declaration itself is not registered anywhere, e.g. it is not sent to the domain name hosting company for registration. You might need to send a copy of it to the domain name hosting company at a later stage if ever the ownership were disputed. At that point, having a declaration is good proof.

When you have the declaration of trust in place, there is then no real need for the beneficial owner to ask the nominee to transfer the domain names to him immediately (although it gives him to the power to require this at any point). Such a transfer might do some level of harm to the search engine optimisation (SEO) of the domain name, so it can be better to leave it registered in the nominee’s name and simply get a declaration of trust in place.

Using our Declaration of Trust for Domain Names template

When you buy our template, is comes with a free guide to filling it in and using it. You will find it very easy to use as a result. If you have any problems or queries with it, you can simply pick up the telephone or send an email to our free helpline service.

Clauses in this Declaration of Trust for Domain Names

Here is an excerpt from the guide to the template:

1. Interpretation – This clause defines the main terms used in the declaration.

  • Domain Names – fill in the details of the domain name or names. If there is only one domain name held by the nominee, it is simplest if you leave the definition spelt in the plural form here and throughout the document.

2. Declaration of trust – This is the main clause, which states that the nominee holds the domain names in trust for the beneficial owner.

3. Undertaking – Clause 3.1 provides that the nominee will account to the beneficial owner for any benefits received in respect of the domain names, will keep up the registrations of them, advise the beneficial owner of the log-ins and passwords for them and will only deal with them in accordance with the way he is directed to by the beneficial owner. It also says that if the beneficial owner asks for the domain names to be transferred to him or to another nominee or sold, then the nominee will obey. Clause 3.2 states that the beneficial owner will reimburse the nominee for the proper costs incurred in keeping the registrations up-to-date.

4. Power of attorney – This gives a power of attorney in favour of the beneficial owner. This protects the beneficial owner in case the nominee does not follow his directions. With the log-ins and passwords for the registrations of the domain names, which are to be provided under clause 3.1.2, this will act as a form of security.