Legal Definitions - nominandus

The term nominandus comes from Latin and is primarily used in Scots law. It refers to a person or entity who is to be named or designated for a specific role, position, or benefit, particularly when the right to make that selection has been explicitly reserved by another party in a legal document.

Essentially, it describes someone whose identity is not yet fixed in the document itself but will be determined later by a designated nominator who holds the reserved power to make that choice.

• Example 1: Succession in a Family Trust

  A wealthy individual establishes a family trust, outlining how their assets will be distributed over generations. The trust document specifies that a particular scholarship fund will be awarded annually to "a deserving family member nominandus by the independent trustee, based on criteria of academic excellence and community service."

  Explanation: In this scenario, the specific recipient of the scholarship is not named in the trust document itself. Instead, the independent trustee holds the reserved right to select and name the deserving family member each year. The person who will eventually be chosen and named by the trustee is the "nominandus" for that scholarship.

• Example 2: Corporate Board Appointment

  Two companies, Alpha Corp and Beta Inc., form a new joint venture. Their foundational agreement states that "the fifth seat on the new venture's Board of Directors shall be filled by an individual nominandus by Alpha Corp within 60 days of the venture's official launch."

  Explanation: Here, the identity of the fifth board member is not specified in the initial joint venture agreement. Alpha Corp has reserved the right to name that individual at a later date. The person who will ultimately be selected and named by Alpha Corp to fill that board seat is the "nominandus."

• Example 3: Designation of a Beneficiary in a Deed

  A landowner creates a deed for a rural property, intending it to remain within the family. The deed includes a clause stating that if the primary heir predeceases the landowner without issue, the property shall pass to "a suitable family member nominandus by the landowner's legal executor, in consultation with the family elders, within six months of the landowner's passing."

  Explanation: In this case, if the primary heir cannot inherit, the specific alternative beneficiary is not fixed in the deed. The legal executor, with family input, has the reserved power to name that person. The individual who would eventually be chosen and named to inherit the property under these specific conditions is the "nominandus."