This question was closed without grading. Reason: Answer found elsewhere
Nov 12, 2015 10:53
8 yrs ago
5 viewers *
Italian term
atti (in context)
Italian to English
Law/Patents
Law (general)
articles of association
An interesting one – or at least I think so. Part of a statuto, under the poteri di gestione:
“La gestione dell’impresa spetta all’organo amministrativo, il quale compie le operazioni necessarie per l’attuazione dell’oggetto sociale, esclusi gli atti che la legge ed il presente statuto riservano ai soci”.
I’m looking at ‘operazioni’ and ‘atti’ (I had choose one for forum purposes, so I put ‘atti’). ‘Operazioni’ here covers a variety of things to be done. As the sentence is drafted, ‘atti’ must by definition come under the umbrella of ‘operazioni’ (basically, the governing body can do anything in order for the company to achieve what it’s been set up to do, unless it’s something that needs the shareholders’ blessing). But it doesn’t just mean one specific type of ‘operazioni’ – it could be hiring and firing, deciding how much to pay someone, deciding to merge etc.
So I’m considering using ‘steps’ for both terms (or ‘steps’ and then ‘save for those reserved….’), with the view that this would not be misleading. Any views anyone?
“La gestione dell’impresa spetta all’organo amministrativo, il quale compie le operazioni necessarie per l’attuazione dell’oggetto sociale, esclusi gli atti che la legge ed il presente statuto riservano ai soci”.
I’m looking at ‘operazioni’ and ‘atti’ (I had choose one for forum purposes, so I put ‘atti’). ‘Operazioni’ here covers a variety of things to be done. As the sentence is drafted, ‘atti’ must by definition come under the umbrella of ‘operazioni’ (basically, the governing body can do anything in order for the company to achieve what it’s been set up to do, unless it’s something that needs the shareholders’ blessing). But it doesn’t just mean one specific type of ‘operazioni’ – it could be hiring and firing, deciding how much to pay someone, deciding to merge etc.
So I’m considering using ‘steps’ for both terms (or ‘steps’ and then ‘save for those reserved….’), with the view that this would not be misleading. Any views anyone?
Proposed translations
(English)
4 +2 | deeds | Cedric Randolph |
4 +1 | acts | Thomas Roberts |
5 | measures | Adiel Stephenson |
5 | actions | James (Jim) Davis |
4 | within the powers - intra vires (lat.) | Mihaela Ghimici |
Proposed translations
+2
7 mins
deeds
I would use operations for operazioni here and deeds for atti, as they can be either documental in nature or actual actions taken by the shareholders. Hiring firing, etc. They will always be accompanied by a document. These are the standard usages as I know them. Steps is clever, but might be misconstrued. Nevertheless. It is always your choice and yours alone what you put into your translations.
Peer comment(s):
agree |
Anca Malureanu
: the meaning of actions (issue of documents is included)
23 hrs
|
agree |
Peter Cox
1 day 20 hrs
|
+1
48 mins
acts
I think it's a case of a loose use of language here, so I don't think you need to over-complicate matters.
I would assume these atti refer to the conclusion of transactions over a certain limit, the establishment of branch offices, the sale or acquisition of business units: basically the more important decisions in the life of the company.
If you have a look at the following google search the clauses from the documents generated largely coincide in terms of meaning with your own:
https://www.google.co.uk/search?q="esclusi quelli che la leg...
I would assume these atti refer to the conclusion of transactions over a certain limit, the establishment of branch offices, the sale or acquisition of business units: basically the more important decisions in the life of the company.
If you have a look at the following google search the clauses from the documents generated largely coincide in terms of meaning with your own:
https://www.google.co.uk/search?q="esclusi quelli che la leg...
1 hr
within the powers - intra vires (lat.)
According to the Oxford Dictionary of Law (2015), the inter vires - describing an act carried out by a body that is within the limits of the powers conferred on it by statute or some other constituting document.
esclusi gli atti che la legge ed il presente statuto riservano ai soci - except for those actions the shareholders take intra vires/within their powers
esclusi gli atti che la legge ed il presente statuto riservano ai soci - except for those actions the shareholders take intra vires/within their powers
1 day 11 hrs
measures
Because it's the only one that's English and fits. Actions or acts would also be alright, steps is too colloquial for a set of bylaws like this.
4 days
actions
This is from the standard articles of association offered by companies house UK
4. Shareholders1 reserve power
4.1. The Shareholders may, by Special Resolution, direct Directors to take, or
refrain from taking, specified action.
http://www.howtolaw.co/the-rights-powers-and-liabilities-of-...
Shareholder actions requiring unanimous assent
In addition, there are certain types of actions that shareholders may take if all entitled shareholders agree unanimously. These actions include:
authorising dividends
approving a discount scheme
the acquisition by the company of its own shares
--------------------------------------------------
Note added at 4 days (2015-11-16 22:07:38 GMT)
--------------------------------------------------
Forgot the article 4 above comes under this heading:
PART 2 DIRECTORS DIRECTORS’ POWERS AND RESPONSIBILITIES
4. Shareholders1 reserve power
4.1. The Shareholders may, by Special Resolution, direct Directors to take, or
refrain from taking, specified action.
http://www.howtolaw.co/the-rights-powers-and-liabilities-of-...
Shareholder actions requiring unanimous assent
In addition, there are certain types of actions that shareholders may take if all entitled shareholders agree unanimously. These actions include:
authorising dividends
approving a discount scheme
the acquisition by the company of its own shares
--------------------------------------------------
Note added at 4 days (2015-11-16 22:07:38 GMT)
--------------------------------------------------
Forgot the article 4 above comes under this heading:
PART 2 DIRECTORS DIRECTORS’ POWERS AND RESPONSIBILITIES
Discussion
Don't use "deeds"....
"L’amministratore unico….. compie tutte le operazioni necessarie per l’attuazione dell’oggetto sociale, esclusi quelli che per legge or per statuto sono devoluti all’assemblea."
I’m perfectly aware that this is a totally different document and that my decision cannot be based solely on this, but in my view in terms of the concept we're dealing with it does point to ‘atti’ (in my problem sentence) simply being part of the ‘operazioni’, suggesting that the same word can be used for both without being misleading.