Glossary entry

Spanish term or phrase:

notas registrales de afección

English translation:

registered notice of liability to payment

Added to glossary by Adrian MM. (X)
Oct 17, 2013 18:06
10 yrs ago
16 viewers *
Spanish term

notas registrales de afección

Spanish to English Law/Patents Real Estate
Hello. This is from a loan agreement between an individual and a company (the individual lending to the company):

El acreedor podrá dar por vencido el préstamo y reclamar anticipadamente el capital pendiente y los intereses devengados en los siguientes casos
(...)
4.- Aparición de cargas o gravámenes preferentes a la hipoteca no conocidos por el acreedor al tiempo de este otorgamiento.
Se exceptúan las notas registrales de afección al pago de impuestos por razón de esta escritura.

Thanks for your help

Simon
Change log

Oct 24, 2013 09:33: Adrian MM. (X) Created KOG entry

Proposed translations

+1
4 hrs
Spanish term (edited): nota registral de afección al pago
Selected

(BrE) registered notice of liability to payment

Maybe the question could be expanded to include the al pago.

The AmE tax lien answer in the web ref. is presumably not wanted.

So I have for something more general as impuestos could include stamp duty as well as land taxes.

I am NOT using notice in the technical UK Land Registry sense confined to to notice of a trust.

Cautions was or were also my first thought but, as Allegro mentions, they are used in UK land registration not only against dealings, but also against first registration. But that doesn't of itself rule out the term.

Charging orders nisi or absolute - provisional or final - in E&W are normally a court-ordered mortgage (cf. the hipotecas line before) obtained by an execution/ judgment creditor against an executiion/ judgment debtor's *separate interest* in the land - and not the land itself. This is not an academic but a practical distinction for warring spouses over the matrimonial home.
Peer comment(s):

agree AllegroTrans : yes, I think this works as a functional, descriptive and syntactic translation, whilst avoiding the temptation to "convert" terms incorrectly across jurisdictional divides
27 mins
Thanks.
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4 KudoZ points awarded for this answer.
1 hr

Registered cautions/notes of charges .....

....securing taxes payable by reason of this deed are excepted.

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Note added at 1 hr (2013-10-17 19:56:05 GMT)
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This normally covers the stamp duty equivalent which will be charged against the property if not paid, for a period of 5 years.
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3 hrs

registered charges for unpaid tax

Buying Property in Spain - Spanish Property for Sale in Spain
All property in Spain should be registered in the Land ... as soon as possible to prevent any mortgages or other charges being registered against the property, ...
www.sunbreakspain.com/inmoeasy/en/akelos/tips_to_buy_in... - Cached

Sólo puede practicarse nota registral de afección fiscal si ...
Las notas registrales de afección fiscal -que se practican al margen de la inscripción realizada en el folio de una finca registral cuando ésta es objeto de algún ...
www.fiscalaldia.es/noticias.php?id=298 - Cached

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Note added at 3 hrs (2013-10-17 21:56:19 GMT)
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"Cautions" are not in themselves charges to secure debts
The term is used in English land reguistration procedure and covers a range of different circumstances. The effect is not to create a charge or interest, but merely to warn the proprietot of any attempt to register a dealing on the land. I think it would be confusing to use this term.

The "true" equivalant in England and Wales would be a Charging Order, which has to be obtained through a Court.
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3 days 14 hrs

Tax payment notifications

I think the word "afección" has been used here as in Eng we'd say (literally) "with regards to/ that affect" (ie. notifications with regards to tax). I'd therefore translate is simply as:

Tax payment notifications will not be considered /will be waived for the purpose of this document.


In Spanish it's not saying which taxes, so I don't think we need to guess at which ones, although I assume you'll have more context to be able to deduce that.

This may well be an extension of, or repeating what others have suggested, I'm not 100% sure. I understand it's just a loan agreement, rather than property sale, but I may be wrong.
Hope it helps anyway.
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