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  3. Law: Contract(s)

in der Person

English translation: in its capacity

16:49 Jun 2, 2023
German to English translations [PRO]
Law/Patents - Law: Contract(s) / in the articles of association of a Swiss company
German term or phrase: in der Person
"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."
transatgees
United Kingdom
Local time: 08:15
English translation:in its capacity
Explanation:
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."
Selected response from:

thefastshow
Germany
Local time: 09:15
Grading comment
Thank you everybody for your contribution
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3in its capacity
thefastshow
4 +1as
philgoddard
4by personal reason (consideration)
Adrian MM.


  

Answers


51 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
in its capacity


Explanation:
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."


thefastshow
Germany
Local time: 09:15
Works in field
Native speaker of: German
PRO pts in category: 4
Grading comment
Thank you everybody for your contribution

Peer comments on this answer (and responses from the answerer)
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.
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57 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
as


Explanation:
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.

philgoddard
United States
Native speaker of: English
PRO pts in category: 228

Peer comments on this answer (and responses from the answerer)
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
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
in der Person
by personal reason (consideration)


Explanation:
.. 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(s):
  • 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

    Reference: http://eng.proz.com/kudoz/german-to-english/law-contracts/11...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 42

Peer comments on this answer (and responses from the answerer)
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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