Jul 26, 2008 10:38
15 yrs ago
15 viewers *
French term

enjoindre sous astreinte

French to English Bus/Financial Law (general)
Articles of Association
Where capital is not paid in, there is the threat of a daily interest penalty.
How might this be rendered SVP?

Discussion

Attorney DC Bar Jul 27, 2008:
Oh, OK fourth, sorry, I misunderstood. Check out the youtube video if you get the chance though, if you're need a break from the 3000 words. It's amazing what an updraft can do. http://www.youtube.com/watch?v=6RuE5t1-H9k
Attorney DC Bar Jul 27, 2008:
Well, that toy wasn't invented then, and neither Leonardo nor Michelangelo sailed any kind of boat, Scottish or otherwise-- but still, I can more or less see where you are lamely trying to go with the quip. But you're right. Translator's translate.
Vicky James Jul 26, 2008:
No, but it sounds preferable to what I'm doing right now.
Jack Dunwell (asker) Jul 26, 2008:
Vicky have you ever sailed a Scottish 505? (God help you)
Jack Dunwell (asker) Jul 26, 2008:
Nobody is forcing anyone to do anything here Graham. No handcuffs, no "joining".It's in the Articles of Association of a company. I KNOW what it means, but am so dull-headed as not to know how to express it. Vicky does. Don't you have a 505 to sail, my brother??Yes OK it does say Blah blah. OK?
Vicky James Jul 26, 2008:
And there was me thinking I was the only one having nowt more exciting to do at 8pm on a Saturday evening... :-)
Graham macLachlan Jul 26, 2008:
does it read: blah blah blah enjoindre, sous astreinte, blah blah blah?
Graham macLachlan Jul 26, 2008:
sorry F couldn't resist it, I don't think 'enjoindre sous astreinte' is a legal collocation most examples on the web give 'sous astreinte' as an interruption; it might be an idea to post the sentence from whence it comes
Jack Dunwell (asker) Jul 26, 2008:
I think he's getting there Graham. That's a really beautiful S&M translation G. You put new poetical stresses into dry legalise. Thank you. Creativity always lifts the spirits!
Graham macLachlan Jul 26, 2008:
sounds extremely painful, something Max Mosley would do

Proposed translations

2 hrs
Selected

imposition of daily penalty payments...

...for unpaid capital

Something along these lines?

http://findarticles.com/p/articles/mi_m0EIN/is_2007_Oct_22/a...
"It is regrettable that Microsoft has only complied after a considerable delay, two court decisions, and the imposition of daily penalty payments.


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Note added at 2 hrs (2008-07-26 13:23:00 GMT)
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Or "a daily interest penalty"

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Note added at 6 hrs (2008-07-26 17:35:49 GMT)
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Hello again, fourth. In response to your asker note below, my Harraps goes along the lines of your explanation for "astreinte" which it defines as "a daily penalty for delay in payment of debt". This is a legal definition, the general one being, as Ellen states, an "obligation" or "constraint" (but a non-specific one).
Note from asker:
THAT'S the sort of thing Vicky, thank you.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you Vicky. I've used that"
6 hrs

to be obliged to act in conformity with a compulsory measure ´/ in this case: see below

the defaulter (the person who fails to invest capital) is obliged to pay, as you say, daily interests (for failed payments)
Note from asker:
Hello Elen. Do you think that "sous astreinte" might be more particular?
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+2
8 hrs

order, subject to a daily penalty for non-compliance

"Enjoindre", when coming from a court, is to 'order' someone TO DO something, and sometimes, but more rarely, to "enjoin' someone FROM doing something. "Sous astreinte" means subject to a daily or monthly penalty for non-compliance, see that term in the Dict. des Expressions Juridiques. Here, I imagine it's daily. Based on the background provided by Asker, here, the shareholder is ordered to pay in a call or an assessment on his shares, subject to a penalty for failure to comply.
Fourth, Graham, have you tried kite-surfing? I have tried getting up on the board twice in the past month and have twice been catapulted, as from an ejection seat, across the adjacent marshland in a very bad imitation of the triple jump, bouncing each time on a different part of my anatomy, but never the feet. But see Erik Eck's accidental world record, at http://www.youtube.com/watch?v=6RuE5t1-H9k
Note from asker:
But Rufinus. What a Renaissance Man! What Erudition! What intelligence....... I just wish I'd been there.
R. Can we say then that you agree with Vicky with additional descriptive elements ?
R. By "Renaissance" I was trying to say "all-round". I think the answer is great, both parts of it. Because the first is informed and the second suits the weekend mood. I have another 3,000 in front of me today and I feel that you have picked me up a bit. So thank you!
Thanks E. Vicky came in like a train!
Peer comment(s):

agree Graham macLachlan : exactly, and there's that comma too. Kite-surfing? Hell no!
57 mins
agree Enza Longo
3 hrs
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