Glossary entry (derived from question below)
Spanish term or phrase:
escritura pública de protocolización del pacto social y de las reformas
English translation:
public deed officially recording the Articles of (AmE) Incorporation/Partnership and alterations
Added to glossary by
Adrian MM. (X)
Apr 2, 2012 21:56
12 yrs ago
14 viewers *
Spanish term
escritura pública de protocolización del pacto social y de las reformas
Spanish to English
Law/Patents
Law (general)
I am having trouble with this phrase. I looked through previous threads and, through a combination of all of them, came up with this however, I am still unsure. Spanish to English
Copia de la escritura pública de protocolización del pacto social y de las reformas, si las hubiere, debidamente inscritos en el Registro Público.
Copy of the:
document/deed/act substantiating the partnership agreement and reforms.
Partnership agreement and reforms act.
Copia de la escritura pública de protocolización del pacto social y de las reformas, si las hubiere, debidamente inscritos en el Registro Público.
Copy of the:
document/deed/act substantiating the partnership agreement and reforms.
Partnership agreement and reforms act.
Proposed translations
(English)
References
Public deed | AllegroTrans |
Change log
Apr 5, 2012 07:50: Adrian MM. (X) Created KOG entry
Proposed translations
+5
32 mins
Spanish term (edited):
escritura pública de protocolización del pacto social y de las reformas
Selected
public deed officially recording the Articles of (AmE) Incorporation/Partnership and alterations
Pacto social: if a partnership, Partnership Articles or Deed.
If a company, Articles of (AmE:) Incorporation/(BrE) Memorandum (and Articles) of Association.
Alterations is the co. textbook term for changes to such a document, though UK Notaries prefer amendments.
Reforms are what are made to a law, statute or regulation though, coincidentally, amendments are what are made to the American/US Constitution.
If a company, Articles of (AmE:) Incorporation/(BrE) Memorandum (and Articles) of Association.
Alterations is the co. textbook term for changes to such a document, though UK Notaries prefer amendments.
Reforms are what are made to a law, statute or regulation though, coincidentally, amendments are what are made to the American/US Constitution.
Peer comment(s):
agree |
Charles Davis
14 mins
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Thanks.
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agree |
AllegroTrans
1 hr
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Thanks.
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agree |
Yvonne Gallagher
: Ná bac. Fáilte!
1 hr
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Go raibh maith agat!
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agree |
Emiliano Pantoja
3 hrs
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Muchas gracias!
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agree |
John Cutler
13 hrs
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Thanks.
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4 KudoZ points awarded for this answer.
39 mins
Public deed of the writtern record of the articles of incorporation and of the reforms
My suggestion.
1 hr
document of public record for recording articles of incorporation and any amendments
escritura pública de protocolización del pacto social y de las reformas = document of public record for recording articles of incorporation and any amendments
Don't use "public DEED"; use "document of public record". At least in the USA, a "deed" is only for conveyance of real property, nothing else.
Don't use "public DEED"; use "document of public record". At least in the USA, a "deed" is only for conveyance of real property, nothing else.
Peer comment(s):
neutral |
AllegroTrans
: Your point about "public deed" in USA is valid; however, the text appears to be from a SP-speaking jurisdiction, so why not use "deed"; a "wider than USA" understanding among English speakers is that it is a formal legal document, often notarized
54 mins
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OK, better. But the asker is in the USA, probable destination, and "public deed" is not readily understood in the USA.
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1 day 15 hrs
officially attested instrument recording the constitution of the company and any amendments thereto
“instrument” covers all kinds of documents and removes the connotations of sealing (even though a deed no longer needs sealing and must be ‘signed as a deed’) which attach to deeds (and deeds are usually synallagmatic whereas in so many cases attested documents involve only one person and create no reciprocal obligations).
It would be illuminating to have a discussion about bylaws/articles of incorporation/memorandum of association/articles of association/ statutes etc.
The EU institutions have gone for “statutes” in most cases (see for example: ECJ Case C-426/98. “Failure by a Member State to fulfil its obligations - Directive 69/335/EEC - Indirect taxes on the raising of capital - Special charges imposed on the formation of public and private limited liability companies, on the publication and alteration of their statutes and on the increase in their capital.”)
On the other hand, in the ECJ Rules of Procedure (Art. 38) the term chosen is “constituting”:
“5. An application [to the Court] made by a legal person governed by private law shall be accompanied by …the instrument or instruments constituting or regulating that legal person or a recent extract from the register of companies, firms or associations or any other proof of its existence in law …”
This reflects the age-old problem of the EN law approach of setting out the objects in the memorandum of association and other provisions in the articles of association (so that neither term alone tells the whole story – so the decision was taken in about 1971 to skate round the problem when the ECJ English version of the Rules of Proc was drawn up.
Reference comments
2 hrs
Reference:
Public deed
The words imo express the "reality" here.
http://www.notar.at/notar/en/home/ueberdienotare/public_deed...
Public Deeds
Drafting public deeds is one of the core activities of a civil law notary. A document is considered a public deed if it was recorded by a notary following the notarisation procedures laid down in the Notarial Code in compliance with all major formal requirements.
Public notarial deeds may be:
Notarial acts
Notarisations of legally relevant acts
Notarial minutes
Public deeds furnish conclusive evidence of the "authenticity" and "correctness" of a document. They create the assumption that the deed stems from the person identified as the issuer ("authenticity"). They also create the assumption that the contents of the deed are accurate ("correctness"). Whenever a civil law notary drafts a public deed, he must comply with stringent verification and instruction requirements.When drafting notarial acts, civil law notaries must establish the facts, find out the "genuine intention" of the contracting parties and lay down their findings in a legally valid form. The civil law notary must instruct the parties on the legal meaning and the legal consequences arising from a transaction. In practice, notarial instruction also covers the financial consequences of such transaction.
The law rightly prescribes the involvement of a civil law notary for a number of transactions:
Civil law
Company law
Enforceability
Notarial acts may be designed as titles of execution (enforceable notarial act). The enforceable notarial act carries all the advantages of a court ruling without being the result of litigation. It is low-cost way of creating an executory title.
http://www.notar.at/notar/en/home/ueberdienotare/public_deed...
Public Deeds
Drafting public deeds is one of the core activities of a civil law notary. A document is considered a public deed if it was recorded by a notary following the notarisation procedures laid down in the Notarial Code in compliance with all major formal requirements.
Public notarial deeds may be:
Notarial acts
Notarisations of legally relevant acts
Notarial minutes
Public deeds furnish conclusive evidence of the "authenticity" and "correctness" of a document. They create the assumption that the deed stems from the person identified as the issuer ("authenticity"). They also create the assumption that the contents of the deed are accurate ("correctness"). Whenever a civil law notary drafts a public deed, he must comply with stringent verification and instruction requirements.When drafting notarial acts, civil law notaries must establish the facts, find out the "genuine intention" of the contracting parties and lay down their findings in a legally valid form. The civil law notary must instruct the parties on the legal meaning and the legal consequences arising from a transaction. In practice, notarial instruction also covers the financial consequences of such transaction.
The law rightly prescribes the involvement of a civil law notary for a number of transactions:
Civil law
Company law
Enforceability
Notarial acts may be designed as titles of execution (enforceable notarial act). The enforceable notarial act carries all the advantages of a court ruling without being the result of litigation. It is low-cost way of creating an executory title.
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