Glossary entry

Italian term or phrase:

mala gestio

English translation:

acts of maladministration

Added to glossary by James (Jim) Davis
Feb 15, 2007 13:06
18 yrs ago
17 viewers *
Italian term

mala gestio

Italian to English Law/Patents Law (general) civil corporate action
Obviously "negligent management" would spring to mind, but any legal experts got any better ideas?
"Azione di responsabilità sociale, ratificata e confermata dall’assemblea ordinaria di SOCIETA' in data xxxx, volta ad ottenere il risarcimento dei danni causati alla medesima SOCIETA' in relazione ad atti di **mala gestio compiuti** dal suddetto amministratore, in qualità di Presidente del Consiglio di Amministrazione di SOCIETA' . "

Discussion

James (Jim) Davis (asker) Feb 15, 2007:
Hi writeaway, I checked out a search of mala gestio, English only. Only 45 and many seem to be related to Italy.

http://www.google.com/search?as_q=&hl=en&num=100&btnG=Google...
writeaway Feb 15, 2007:
... a manager of a corporation, insured with the same company, is sued by a plaintiff claiming damages for mala gestio. The second is provided for by art. ...
www.iclg.co.uk/index.php?area=4&country_results=1&kh_public...
writeaway Feb 15, 2007:
this confirms my other post, it's a Latin term that you can keep (with explanation of concept in English) http://www.icer.it/docs/wp2001/monti28-01.pdf
James (Jim) Davis (asker) Feb 15, 2007:
Thanks for the link Silbia, however, the concept is clear. The question is, what exactly would you call it in an English or American court? Either would do, since this is a world wide document.
silvia b (X) Feb 15, 2007:
forse questa definizione può essere utile: "violazione, dolosa o colposa, di obblighi imposti dalla Legge e dall’atto costitutivo" http://www.assintelbroker.it/ln_news.asp?serie=252&novita=17...

Proposed translations

+2
37 mins
Selected

acts of maladministration

This what I would use, or mismanagement

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Note added at 1 hr (2007-02-15 14:14:11 GMT)
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I think you should leave it in the Italian. I think it means that the managing director has failed to act with the due diligence/ exercise the duty of care required of the position. Maladministration may be a bit strong.
Note from asker:
Its a board room battle. The chairman of a mutual bank opposed a merger, My translation is just a list of cases. But it does look impressive ;-)
Writeaway, Latin is very much out of fashion in the UK at least. A recent law (1998 I think) revamped all the legal language and managed to get it out of the 17th century and almost into the 19th.
Peer comment(s):

agree writeaway : it's Latin, not Italian. agree that it should be left. needs to have a term that can be used in court afaik.
48 mins
thanks writeaway, I did realise it was Latin, as usual in a rush!
agree John E. Kelleher : The Plain English Movement may dislike the use of Latin though so depending on target audience I would vote for mismanagement :-)
1 hr
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4 KudoZ points awarded for this answer. Comment: "Thanks Jean."
24 mins

bad corporate governance

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Note from asker:
Thanks Hirselina
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1 hr

bad faith

Directors have several duties they owe to the company:
to act in good faith
duties regarding conflict of duty and interest
duties regarding transactions with the company
etc. See en.wikipedia.org/wiki/Board_of_Directors

Even though I don't know what these particular directors did, 'bad faith' means that they didn't act with what they considered to be the best interests of the company which may work here
Note from asker:
Thanks Patricia
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1 hr

management misconduct

This may be a bit strong for the context.
In any event I agree with the others that "mala gestio" might be best footnoted and explained.
Best of luck,
Michael
Note from asker:
Hi Michael. Ya canna footnote press releases, you know. Misconduct is I think a bit too strong here. Not quite the same thing.
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