Glossary entry (derived from question below)
French term or phrase:
droits sociaux d\'apports
English translation:
shares issued for contributions in kind
Added to glossary by
Anne Greaves
Sep 6, 2022 11:08
1 yr ago
45 viewers *
French term
United Kingdom
droits sociaux d'apports
French to English
Bus/Financial
Finance (general)
Articles of Association
Hello all,
This comes from an Articles of Association, in a list so not much context. Are these shares issued in return for contributions? Thanks for any help. Here is an extract.
Droits sociaux de numéraire :
250
Libérés à concurrence de :
100.00 %
Droits sociaux d'apports :
0
This comes from an Articles of Association, in a list so not much context. Are these shares issued in return for contributions? Thanks for any help. Here is an extract.
Droits sociaux de numéraire :
250
Libérés à concurrence de :
100.00 %
Droits sociaux d'apports :
0
Proposed translations
(English)
| 4 +6 | shares issued for contributions in kind |
Peter Shortall
|
| 4 | equity interests or debentures granted in consideration of contributions (cash, non-cash or labour) |
Adrian MM.
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Change log
Sep 6, 2022 11:12: writeaway changed "Field" from "Law/Patents" to "Bus/Financial"
Proposed translations
+6
1 hr
Peter Shortall
United Kingdom
United Kingdom
Native in English
Works in field
United Kingdom
Legal / Business / Government
Native in: English
Works in: Romanian to English, Russian to English, French to English
Related KudoZ points
:
12
Selected
shares issued for contributions in kind
I suppose I may as well post it as an answer, having pretty much suggested a translation above!
Alternative wordings: shares issued against (or in exchange for/as consideration for) in-kind contributions.
Many moons ago, when I worked as a corporate finance researcher covering eastern Europe, I had to look at documents like this on the Bucharest stock exchange website and often came across the Romanian phrase for "contributions in kind" to companies' share capital, as opposed to the usual cash. Contributions in kind were rare in my experience, so it's not surprising that the number of these shares mentioned in your document is 0.
I do think "in kind" must be implied because "cash" has already been covered by "numéraire" in your text. Any consideration for shares that isn't cash is said to be "in kind". If you look up the phrase "apports en numéraire ou en nature", you'll find shedloads of examples.
This old question looks very relevant:
www.proz.com/kudoz/3179653
Here is a phrase in a French law that means the same thing, "parts" being shares:
Les parts émises en contrepartie d'apports en nature sont intégralement libérées dès leur émission.
https://www.legifrance.gouv.fr/loda/article_lc/LEGIARTI00000...
And to expand on what I posted above, below is an explanation of both types of capital contribution - cash and in kind.
Different types of capital contribution
Business owners and shareholders can put both money and benefits in kind into a company.
Cash deposits: The cash deposit is probably the most common type of capital contribution. This is simply money being made directly available to the company. This can be done through a bank transfer or a cash deposit, for example.
Contributions in kind: When it comes to contributions in kind, the business owner makes certain means of production available to the business. This could be real estate or land, machines and tools, or even vehicles. In addition to these tangible assets, intangible assets are also among the possible contributions in kind: Securities, patents, and licenses can be transferred to a company as private deposits.
https://www.ionos.co.uk/startupguide/grow-your-business/capi...
Alternative wordings: shares issued against (or in exchange for/as consideration for) in-kind contributions.
Many moons ago, when I worked as a corporate finance researcher covering eastern Europe, I had to look at documents like this on the Bucharest stock exchange website and often came across the Romanian phrase for "contributions in kind" to companies' share capital, as opposed to the usual cash. Contributions in kind were rare in my experience, so it's not surprising that the number of these shares mentioned in your document is 0.
I do think "in kind" must be implied because "cash" has already been covered by "numéraire" in your text. Any consideration for shares that isn't cash is said to be "in kind". If you look up the phrase "apports en numéraire ou en nature", you'll find shedloads of examples.
This old question looks very relevant:
www.proz.com/kudoz/3179653
Here is a phrase in a French law that means the same thing, "parts" being shares:
Les parts émises en contrepartie d'apports en nature sont intégralement libérées dès leur émission.
https://www.legifrance.gouv.fr/loda/article_lc/LEGIARTI00000...
And to expand on what I posted above, below is an explanation of both types of capital contribution - cash and in kind.
Different types of capital contribution
Business owners and shareholders can put both money and benefits in kind into a company.
Cash deposits: The cash deposit is probably the most common type of capital contribution. This is simply money being made directly available to the company. This can be done through a bank transfer or a cash deposit, for example.
Contributions in kind: When it comes to contributions in kind, the business owner makes certain means of production available to the business. This could be real estate or land, machines and tools, or even vehicles. In addition to these tangible assets, intangible assets are also among the possible contributions in kind: Securities, patents, and licenses can be transferred to a company as private deposits.
https://www.ionos.co.uk/startupguide/grow-your-business/capi...
Peer comment(s):
| agree |
Myriam Seers
20 mins
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Thanks, Myriam!
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| agree |
AllegroTrans
: mpoma makes a good point
45 mins
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Thanks, Chris!
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| agree |
philgoddard
: Good answer. I don't know why they left out "en nature", but I think they must have done.
1 hr
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Thanks, Phil! Yes, I couldn't see any other interpretation.
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| agree |
Samuël Buysschaert
2 hrs
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Merci, Samuël !
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| agree |
Yvonne Gallagher
1 day 3 mins
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Thanks, Yvonne!
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| agree |
Mpoma
: Yes, ultimately I agree in view of the "numéraire" line preceding. But it's not acceptable French to my way of thinking, as "apports" most definitely covers cash and "sweat equity".
1 day 1 hr
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Thanks! Yes, I think the French phrase is incomplete.
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| neutral |
Adrian MM.
: > droits sociaux are not only shares but - crucially - can include obligations, namely debentures; apports include 'd'industrie' and Articles of Association vs. Partnership is still a pre-suzpposition by the asker who does not mention the type of entity.
4 days
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4 KudoZ points awarded for this answer.
Comment: "Many thanks for the help!"
8 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 6 more.
Related KudoZ points
:
81
equity interests or debentures granted in consideration of contributions (cash, non-cash or labour)
I think we ought to know if the Articles are of Partnership, rather than of Association (AmE: incorporation), so what kind of undertaking is involved e.g. the title of the société that doubles as a corp., partnership or association like our old firend of the S.A.S again -> Société par actions simplifiée, namely a loose assoc. of legal entities.
Note 1. apport can be *en industrie* and that droits sociaux can include not only shares of stock, but also debenture loan stock, the latter unlikely for an or general partnership, but query for an SAS..
'L’attribution de droits sociaux en rémunération d’un apport ne constitue pas un prix de vente Une opération d’apport d’actions en contrepartie de laquelle sont attribuées des actions à bons de souscription d’actions ('equity warrants' or scrip / 'titre convertible' : www.wordreference.com/enfr/scrip) et des *obligations convertibles en actions* (convertible debenture loan stock or bonds) ne peut pas être qualifiée de vente.'
PS thanks to everyone for drawing my attention to this question.
Note 1. apport can be *en industrie* and that droits sociaux can include not only shares of stock, but also debenture loan stock, the latter unlikely for an or general partnership, but query for an SAS..
'L’attribution de droits sociaux en rémunération d’un apport ne constitue pas un prix de vente Une opération d’apport d’actions en contrepartie de laquelle sont attribuées des actions à bons de souscription d’actions ('equity warrants' or scrip / 'titre convertible' : www.wordreference.com/enfr/scrip) et des *obligations convertibles en actions* (convertible debenture loan stock or bonds) ne peut pas être qualifiée de vente.'
PS thanks to everyone for drawing my attention to this question.
Example sentence:
" Les différents types d'apport. Les apports peuvent être de natures différentes. On distingue en pratique trois types d'apport..." which are then described in detail: "en numéraire/en nature/*en industrie*"
IATE: fr apport en industrie COM en contribution in kind ! vs. in the form of services or know-how or 'sweat equity' https://www.proz.com/kudoz/french-to-english/law-contracts/2678771-apport-en-industrie.html
Reference:
http://www.proz.com/kudoz/french-to-english/law-general/1113971-avantages-particuliers.html
Peer comment(s):
| neutral |
Peter Shortall
: We know the "apports" can't include cash as there's a separate figure for that, and "in kind" would cover "apports en industrie" as it is anything non-monetary (services, labour etc.), see e.g. https://www.accountingtools.com/articles/in-kind
52 mins
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contribution in kind as an IATE 'translation' for apport en industrie would not necessarily connote such labour and services to English accountants and lawyers.
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| neutral |
AllegroTrans
: All you are doing here is theorising on whether or not this is a partnership, and whether the droits sociaux are other than shares. As you appear not to know, your CL is way too high as you are really asking questions
3 hrs
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> droits sociaux are not only shares but - crucially - can include obligations, namely debentures : *obligations convertibles en actions*, apports include 'd'industrie' and Articles of Association is still an assumption if this is an S.A.S.
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| neutral |
SafeTex
: Hello Adrain.I think you often confuse "translate" with "define".This is just a heading in a financial report, not some dictionary definition.
3 hrs
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Hello, Safetex. Your 'defining' criticism still does not detract from the crucial point in legal and accountancy practice that droits sociaux can include *obligations convertibles en actions*.
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| neutral |
Daryo
: You are in fact more precise, but it's too long.
9 hrs
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Maybe, but we still don't know whethert this is an S.A.S.-type corporate partnership so Articles of Partnership. Also droits sociaux are wider than shares, including as they do: debentures / bonds -> *obligations convertibles en actions*..
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| neutral |
Mpoma
: Yes, "contributions" certainly don't have to be "in kind". But your expression seems too long-winded.
16 hrs
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As we know, de novo /de nouveau, droits sociaux - crucially - can include *obligations convertibles en actions*, besides which we agree that IATE's translation of contibution in kind for apport en industrie is a facile one and non-obvious in practice.
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Discussion
Droits sociaux d'apports en nature : 0
Droits sociaux de numéraire : 400
Libérés à concurrence de : 100 %
https://www.pappers.fr/entreprise/les-nobles-sauvages-902306...
See also https://www2.deloitte.com/be/en/pages/audit/solutions/contri...