Jun 2, 2023 16:49
1 yr ago
28 viewers *
German term

in der Person

German to English Law/Patents Law: Contract(s) in the articles of association of a Swiss company
"Der Verwaltungsrat kann die Zustimmung zur Übertragung ablehnen, wenn in der Person des Erwerbers als Aktionär der Gesellschaft die Erfüllung des Gesellschaftszweckes gefährdet werden konnte."

Proposed translations

+3
51 mins
Selected

in its capacity

A little twist that should work:
"The board of directors may refuse the approval of the transfer if an acquirer in its capacity as an shareholder could jeopardize the attainment of the company´s objective/ the fulfillment of the company's purposes."
Peer comment(s):

neutral philgoddard : I think this can be expressed more concisely.
6 mins
agree AllegroTrans : in their capacity (the acquirer could be a he, she or a legal entity)
2 hrs
Thanks, especially for your addition. It should have been pointed out here! Well done.
agree writeaway
3 hrs
Thanks.
agree Marion Linssen : in its capacity as "a" shareholder (not an). Nice solution!
21 hrs
correct - a leftover from the creative process! I had several solutions.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you everybody for your contribution"
+1
57 mins

as

The management board may decline to approve the transfer if having the recipient as a shareholder could jeopardize the attainment of the company's objectives.
Peer comment(s):

neutral thefastshow : I think this is lacking in style a little bit. //Re: Oh, has it come to that, has it? :))
54 mins
This is articles of association, not Romeo and Juliet.
agree AllegroTrans : yes but not "recipient"
2 hrs
Something went wrong...
3 hrs
German term (edited): in der Person

by personal reason (consideration)

.. des Erwerbers als Aktionär der Gesellschaft -> of the transferee as a company shareholder /or : by dint of the transferee personally as a....

-> The Board of Directors may *withhold* consent (shareholders withhold assent) to the transfer ... if there could be a risk to /jeopardis/zing of) the attainment of the corporate object(s) / (if a KGaA > Kommanditgesellschaft auf Aktien) partnership purpose (in which case these would be Articles of *Partnership*).

Erwerber: also an acquirer, but not necessarily a purchaser for value who, in Eng. law (UK Law of Property Act 1925), includes a mortgage lender aka mortgagee.
Example sentence:

X appealed to the Employment Appeal Tribunal (EAT), arguing that the reason for the dismissal had been entirely personal to Y and did not relate to the transfer

Peer comment(s):

neutral AllegroTrans : I fail to see how this fits into the sentence (and you haven't included it in your explanation) or why you have added (consideration). Please explain/expand,
11 mins
neutral philgoddard : Your answer doesn't include the words "by personal reason".
4 hrs
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