Glossary entry

French term or phrase:

dissolution anticipée

English translation:

early dissolution

Added to glossary by JH Trads
Nov 3, 2009 23:33
14 yrs ago
26 viewers *
French term

par anticipation

French to English Bus/Financial Law (general) company general meeting minutes re potential acquisitions
le projet de déclaration de dissolution de la société *** SAS par anticipation par application des dispositions de l'article 1844-5 alinéa 3 du Code Civil,

My translation:
"the advance draft declaration of dissolution of Horwell SAS under the provisions of Article..."
doesn't make sense- a draft is already an advance document. The term recurs several times in the document in a similar context- ie: " et décision de dissoudre par anticipation ladite société...'
Is there an alternative translation for the term in a regulatory/finance context that makes sense?
Change log

Nov 8, 2009 17:42: Peter Beauclerk DTCM, CPT Created KOG entry

Nov 10, 2009 21:17: JH Trads changed "Edited KOG entry" from "<a href="/profile/608982">Peter Beauclerk DTCM, CPT's</a> old entry - "par anticipation"" to ""early dissolution""

Discussion

Adam Warren Nov 5, 2009:
It's all right, though a bit clumsy early dissolution of the Company **pursuant to**... (par application de ...)
Peter Beauclerk DTCM, CPT (asker) Nov 4, 2009:
possible clarification This is one of the resolutions on the agenda:
Autorisation de dissoudre par anticipation la société Medfor SAS ;
Clearly "par anticipation" must refer to corporate dissolution (I like "voluntary"), but I don't understand the mechanism being referred to- and me the former stockbroker :-(
Is there some mechanism for immediate on, or even prior to, takeover, corporate dismemberment and butchery? If so there must be a term for it.
JH Trads Nov 3, 2009:
not necessarily in french it is possible to accomodate different word orders, nonetheless your rendering would be more clearly understood
philgoddard Nov 3, 2009:
Thw word order looks wrong. Shouldn't it be "dissolution par anticipation de la société"?

Proposed translations

+6
5 mins
Selected

early dissolution

hth

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Note added at 6 mins (2009-11-03 23:40:29 GMT)
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you are right, "par anticipation" refers to "dissolution", not "projet de déclaration" or "draft"
Peer comment(s):

agree philgoddard
3 mins
thanks!
agree Jennifer Levey
17 mins
thanks!
agree mimi 254
10 hrs
agree Verginia Ophof
16 hrs
agree Aude Sylvain
1 day 1 hr
agree cmwilliams (X)
1 day 10 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I went with advance dissolution- see asker's comment re Article 1844-5 of the Civil Code"
2 hrs

by anticipated application, or advance implementation

I prefer:

the draft declaration of voluntary dissolution of the company *** by anticipated application of the provisions of Article 1844-5.

but you can substitute involuntary or leave it out; it's often relevant in the US.
Note from asker:
OK, here it is- "Global Transfer of assets (TUP) "It is actually a merger that takes the form of a dissolution by amalgamating the assets between a parent company (French or foreign) and its French daughter company organized as per Article 1844-5 subparagraph 3 of the French Civil Code." The assets are automatically transferred prior to the completion of the transaction: - "All of the shares or parts sociales (in the case of SARLs or EURLs) issued by the Dissolved Company must be transferred beforehand to a single shareholder that must be a legal entity. "
Peer comment(s):

disagree mimi 254 : sorry, but it is not the application which is anticipated, but the dissolution - in this case advance or early dissolution in accordance with provisions of article xxxx....
8 hrs
agree writeaway
10 hrs
Something went wrong...
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