Jun 18, 2023 09:16
11 mos ago
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Spanish term

Las asevera libre de cargas

Spanish to English Bus/Financial Law (general) Articles of association
SPAIN. This phrase appears in a notarised deed of creation of a limited liability company.
I understand what it means, and assume that "las" refers to the "entidades/compañias/participaciones" mentioned before it. I'm just not sure how to word it, without making it more long-winded (i.e., to make it intelligible to non-expert readers).

Sample text:
"Tiene por objeto social, entre otros, la prestación de servicios …. a que se refiere el artículo 6 de la ley de Inversión Extranjera. ------------------------------ TITULO. Adquiridas por aportación de los socios en la escritura fundacional de la entidad "COMPANY NAME -- CARGAS. Las asevera libre de cargas.”

PS: So far, I'm translating CARGAS as "ENCUMBRANCES", and "libre de cargas" as "unencumbered", although it does seem rather cumbersome.

I'd also be interested to know about any differences in form between US/UK legalese in this boilerplate context.

Discussion

Toni Castano Jun 18, 2023:
Subject (???) @Neil. I can understand your frustration. The phrase is certainly very confusing because of the lack of subject. This is actually quite rare. Are you sure you have reproduced the phrase correctly?
At any rate, the mysterious subject missing here is, I am quite sure of that, "acciones", as you correctly inferred in your first post in this discussion area. Try to reconstruct your sentence by using "acciones" as the reference for "las" in "las asevera libre de cargas". The meaning is that the company guarantees that those shares are unencumbered ("la empresa/sociedad/compañía las [= las acciones] asevera [gosh, what a weird verb here!] libre de cargas").
Good luck!
neilmac (asker) Jun 18, 2023:
@Matthew It's really just the lack of a subject at the start of the phrase that's putting me off. The client ordered the translation just before I went on holiday, so I recommended two trusted colleagues. However, the client decided to put it through an MT program which has spewed out a mangled heap of gibberish, which they thought it would be easier (and cheaper) for me to post edit. However, I'm having to translate these two horrible documents from scratch because they need them for tomorrow. Heigh-ho.
Matthew McDonald Jun 18, 2023:
An option You could translate "libre de cargas" as "free of impediments" so as not to have the "ENCUMBRANCES/unencumbered" strange-sounding repetition (if I read your post correctly). But you might (and I say might because I don't know the full legal ramifications of this), lose the legal significance of "unencumbered" there, so it might be better to leave it as you have suggested it ought to be translated. Further, if you translated it as "free of impediments," you'd then have to decide whether or not to say "free from impediments," which in my mind would cause a headache; I don't know about in yours.
neilmac (asker) Jun 18, 2023:
FWIW I now understand it refers to the company shares/assets being unencumbered.

Proposed translations

3 hrs
Selected

avows/asserts that they are free of encumbrances/liens.

Its corporate purpose is, among others, the provision of services .... referred to in Article 6 of the Foreign Investment Law. Acquired by (free) contribution by the partners in the founding deed of the entity "COMPANY NAME -- Charges/Encumbrances/Liens . Avows them them to be free of encumbrances/liens."

In a nutshell, it means that the contributions of the partners to the total fund come without any strings attached.
Note from asker:
I was thinking "affirms/states"... but the lack of a pronoun or subject is throwing me off. I feel like it should be "The undersigned… "or something.
Peer comment(s):

neutral AllegroTrans : "affirms" - not "avows" or "asserts". A matter of the language of law, with which you are frequently ignorant.
1 day 2 hrs
Yes, agree, ' affirms' works best here.
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