pacto parasocietario vs convenio de accionistas underlying Business Partnership Arrangement (not Memo. of Assoc.) vs. Shareholders' Agreement
Explanation: 'Excuse' the Aussie-European time difference lag in answering this question. I may have a 'translation' for parasocietario in my own glossaries on a PC and drives that have, again, crashed. I am surprised no on else has picked up on the partnership vs. company law distinction. The conclusion jumped to may be that we are dealing with a sociedad as a company (as suggested by accionistas) - though an underlying partnership can't be ruled out. Cut to the 'well-known' E&W case of Ebrahimi that was going through half a century ago to mark my induction into the legal profession. Part of the problem, as usual, is that the subjects of co. & partnership are taught separately (and usually badly: no names mentioned) in the UK vs. Oz, and judging from my short time spent at Melbourne Uni.... Obiter, Phil G's discussion entry militates against a Memorandum of Assoication clanger: 'El convenio de sindicación es un negocio parasocietario (no forma parte del *estatuto* (vs. estatutos?) pero se encuentra íntimamente ligado al *negocio* societario)', the UK and Aussie estatutos being split into two parts Memo of Assoc. governing internal dealings and Arts. of Asso. governing outside trappings. PS There is no need for anyone to lift my 'quasi-partnership' ref. as an answer.
Example sentence(s):- UK: Ebrahimi v Westbourne Galleries Ltd (1973) The House of Lords ...believed that as the company was so similar in its operation as it was when it was a partnership, they created what is now known as a quasi-partnership.
Reference: http://www.contractscounsel.com/t/us/business-partnership-ag... Reference: http://en.wikipedia.org/wiki/Ebrahimi_v_Westbourne_Galleries...
| Adrian MM. Austria Specializes in field Native speaker of: English PRO pts in category: 143
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14 hrs confidence: peer agreement (net): +1 translate them both as "shareholders' agreements"
Explanation: The context is important here: it's about learning to translate these two types of document. As Allegro's helpful reference shows, a "pacto parasocietario" is just a particular kind of shareholders' agreement covering matters not dealt with in the company's statutes. The distinction isn't relevant here, so I'd combine the two list items into one, and add a translator's note explaining why. In a different context, of course, "shareholders' agreements" might not be an adequate translation for "pacto parasocietario" and you'd need to paraphrase it.
| philgoddard United States Specializes in field Native speaker of: English PRO pts in category: 376
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| | Notes to answerer
Asker: Thanks. I sort of felt the same, that even if they are different, it would be convoluted to purposely avoid the term "Shareholder's Agreement" just to differentiate.
However, since it was a list of topics in a curriculum, I couldn't really just conflate two into one, so I chose to list both as "shareholder's agreement" but with the original Spanish in square brackets and italics, in each case.
I've never been much of a fan of Translator's notes because of the way they break up the document, but maybe I need to get more comfortable with their use.
Asker: Apologies. I think I didn't completely follow, or have the time to thoroughly digest everyone's discussion and suggestions. I agreed with you that they were both shareholder's agreements ( and that's what I went with) but i also (possibly mistakenly) thought that Adrian's differentiation sounded plausible and that on another day someone might want to differentiate, rather than lumping them both in as shareholder's agreements. I thought that Adrian's two terms would both come under a wider 'shareholder's agreements' term, but I probably misunderstood.
I suppose I can't change the points now?
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