Glossary entry (derived from question below)
French term or phrase:
statuant en sa compétence ordinaire
English translation:
acting in its ordinary capacity
Added to glossary by
Tony M
Dec 2, 2009 09:35
14 yrs ago
5 viewers *
French term
statuant en sa compétence ordinaire
French to English
Law/Patents
Law: Contract(s)
(realting to decisions of a Shareholders' General Meeting)
This term, and its complement '...en sa compétence extraordinaire', appear in an agreement (in fact, to cancel by mutual agreement a previous contract):
« COMPANY, Représentée par Monsieur X, dûment habilité à l'effet des présentes en vertu d'une délibération de l'Assemblée Générale en date du XXX 2009 statuant en sa compétence ordinaire, »
[the text then goes on to define the other party to the agreement, etc.]
The other version appears later as:
« L'Assemblée Générale de COMPANY du xxx 2009, statuant en sa compétence extraordinaire, a prononcé la dissolution de COMPANY, compte tenu de la cessation de son activité »
I understand generally what this means, both 'statuant' and 'compétence', but I'm uncertain of what the correct wording should be; from the rest of my text, it is clear enough that 'ordinary' and 'extraordinary' are OK, but i'm not sure about the rest — I don't quite see how a Shareholders' Meeting can be said to 'rule', in the way that a Court might... same problem for 'compétence' — not really 'jurisdiction' here! and I don't feel that 'scope' for example, sits very comfortably. I did wonder about 'capacity' — but I'm not sure if one can talk about 'ordinary/extraordinary capacities'??
Nothing I've found in the glossary has really helped me to find the solution I need here.
« COMPANY, Représentée par Monsieur X, dûment habilité à l'effet des présentes en vertu d'une délibération de l'Assemblée Générale en date du XXX 2009 statuant en sa compétence ordinaire, »
[the text then goes on to define the other party to the agreement, etc.]
The other version appears later as:
« L'Assemblée Générale de COMPANY du xxx 2009, statuant en sa compétence extraordinaire, a prononcé la dissolution de COMPANY, compte tenu de la cessation de son activité »
I understand generally what this means, both 'statuant' and 'compétence', but I'm uncertain of what the correct wording should be; from the rest of my text, it is clear enough that 'ordinary' and 'extraordinary' are OK, but i'm not sure about the rest — I don't quite see how a Shareholders' Meeting can be said to 'rule', in the way that a Court might... same problem for 'compétence' — not really 'jurisdiction' here! and I don't feel that 'scope' for example, sits very comfortably. I did wonder about 'capacity' — but I'm not sure if one can talk about 'ordinary/extraordinary capacities'??
Nothing I've found in the glossary has really helped me to find the solution I need here.
Proposed translations
(English)
3 +5 | acting in its ordinary capacity | David BUICK |
5 +1 | deciding as an ordinary general meeting | Mary Lalevee |
Proposed translations
+5
8 mins
Selected
acting in its ordinary capacity
Someone translating for L'Oréal seems to have come up with this, but it looks as though it's used by native English sites too. I agree with "capacity". I think the idea is more to distinguish whether the assembly is meeting under "ordinary" rules and attributions or "extraordinary" ones (powers, majorities, notice to attend, etc). So "acting" is probably enough rather than anything more specific in this phrase. Hth.
4 KudoZ points awarded for this answer.
Comment: "Thanks, that was most helpful!"
+1
6 hrs
deciding as an ordinary general meeting
Hi there Tony,
this is definitely what it means, how you word it is up to you. When a shareholders' meeting meets in the form of an ordinary meeting, there are certain rules on what kind of decisions it can take etc. , the quorum and majority required. Some decisions can only be taken by Extraordinary meetings, with usually more stringent conditions as regards quorum and majority, i.e. changing the form of the company.
HTH
this is definitely what it means, how you word it is up to you. When a shareholders' meeting meets in the form of an ordinary meeting, there are certain rules on what kind of decisions it can take etc. , the quorum and majority required. Some decisions can only be taken by Extraordinary meetings, with usually more stringent conditions as regards quorum and majority, i.e. changing the form of the company.
HTH
Note from asker:
Thanks a lot, Mary, for your very helpful extra input! |
Peer comment(s):
agree |
Ken Fagan (X)
2 days 22 hrs
|
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