Deed of nomination

A deed of nomination is a document by which a purchaser nominates another entity to complete the purchase and be named on the title, without changing the original agreement.

Why investors use it

Commonly where an agreement is signed in personal name — often at speed, or at auction — and the property is intended to be held by a trust, LTC or company. The agreement is signed "\[name\] and/or nominee," and the entity is nominated before settlement.

What to watch

• The agreement must permit nomination. The "and/or nominee" wording matters and can be removed by a vendor's lawyer.
• The original purchaser usually remains liable if the nominee fails to settle.
• There can be tax consequences. Nomination to an associated entity, or nomination where value has moved between signing and settlement, can have implications — particularly around GST and land-sale rules.

Common misunderstanding

Nomination is not a way to fix a structure decision you should have made earlier. Get the ownership structure right before signing where you can. Nomination is a practical mechanism, not a reset button.

Get advice before nominating, particularly if the nominee is a trust or a GST-registered entity.

Related terms

Last reviewed: 1 August 2026 · General information only, not legal advice.

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