Legal Definitions - hoc nomine

Hoc nomine is a Latin phrase that translates to "in this name" or "in this capacity." Historically, it was used in legal contexts to specify that an action, statement, or obligation was made by an individual not in their personal capacity, but rather on behalf of a specific entity, in a particular official role, or under a designated authority.

Here are some examples to illustrate this concept:

• Corporate Officer Signing a Document: Imagine a Chief Financial Officer (CFO) of a large corporation signing a loan agreement with a bank. When the CFO signs, they are not personally taking on the debt. Instead, they are acting hoc nomine of the corporation. This means the loan agreement legally binds the company itself, as the CFO is exercising their authority in their official corporate role, not as a private individual.

• Trustee Managing Assets: Consider a trustee who manages a trust fund established for a minor beneficiary. If the trustee decides to sell a property held within the trust to invest in another asset, they are making this decision hoc nomine of the trust. Their actions are taken on behalf of the trust and its beneficiaries, adhering to the terms of the trust agreement, rather than for their own personal gain or interest.

• Government Official Issuing a Proclamation: When a governor issues an emergency proclamation during a natural disaster, they are acting hoc nomine of the state government. The proclamation carries the legal force and authority of the state, not merely the governor's personal opinion or directive. The governor is operating within their official capacity as the head of the executive branch, representing the state.