https://www.proz.com/kudoz/english-to-french/law-contracts/6938872-disclosed-agent.html
Mar 9, 2021 09:56
3 yrs ago
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English term

Disclosed agent

English to French Law/Patents Law: Contract(s) Corporate/Policy
Agent commercial? ...

Disclosed agent.
XXXX acts as disclosed agent on behalf of Client for Transaction Tax purposes in dealing with Third Party Suppliers.
As such, Client is the party who will enter into an agreement with Third Party Suppliers, which agreement is subject to applicable laws, taxes, tariffs, and the terms and conditions of those Third Party Suppliers.

Discussion

Daryo Mar 9, 2021:
If these is a mention of a "disclosed agent" it's for the simple reason that NOT ALL agents are "disclosed" as being such /as openly acting as someone's agent.

See the concept that is the polar opposite of "disclosed agent", and strangely enough / rather unexpectedly happens to be called "undisclosed agency".

You could see a "disclosed agent" as "an agent who is openly acting as agent for someone else" as opposed to an agent that will pretend to be acting on its own behalf (= "undisclosed agency").

It would be more "un agent déclaré" in the sense of "agissant ouvertement en tant qu'agent".

Another element to take into account:

"... as disclosed agent on behalf of Client for Transaction Tax purposes ..."

IOW "disclosed agent" in this ST must be interpreted as defined for Transaction Tax purposes!

What's the country where this "Transaction Tax" is levied?

Proposed translations

10 hrs
Selected

madataire/représentant identifié

[...] antérieurement nouée est
effectivement le client identifié en vue de cette relation d'affaires ou son mandataire autorisé et identifié.
siccfin.gouv.mc

[...] into previously is
indeed the client identified with regard to these business relations or their authorized and identified proxy.
siccfin.gouv.mc
Peer comment(s):

neutral Daryo : certainly not wrong, but seems to be used with a different connotation in your refs s.t. like "we managed to find who they are, we tracked them, they couldn't hide from us", not quite the same as a "disclosed agent" who never tried to hide the fact.
16 mins
there may be a better term
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4 KudoZ points awarded for this answer.
-1
2 hrs

agent commercial

En fait, il s'agit tout simplement d'une personne qui agit en qualité d'agent pour un mandant, en l'indiquant au client final. Je dirais agent commercial
Peer comment(s):

agree Francois Boye
2 hrs
L'explication que j'en ai donnée me semble suffisamment claire. Cependant, il est vrai que pour plus de précision et d'exactitude, nous pourrions peut être ajouter "agréé". Doc "agent commercial agréé"? Qu'en pensez-vous ?
disagree Daryo : "disclosed" wasn't added to make the text look prettier, or to pad the word count. You can't ignore that bit - it's there for a very good reason - to make a distinction from what would be the opposite of "disclosed agent". // CL5++ about that that
7 hrs
disagree AllegroTrans : And "disclosed"? You cannot simply omit the word
7 hrs
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Reference comments

10 hrs
Reference:

disclosed agent

The clarification paper focuses specifically on cases where a travel agent acts as a disclosed agent, i.e. where the ticket is sold directly from the airline to the customer through a travel agent and there is a separate commission charge, service charge or administration fee by the travel agent for the facilitation / agency services that it has provided.

https://www.pwc.com/m1/en/services/tax/me-tax-legal-news/201...



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Note added at 11 hrs (2021-03-09 20:59:43 GMT)
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Disclosed, undisclosed, unnamed and commission agency

The concepts of disclosed and undisclosed agency have already been briefly mentioned. Undisclosed agency is the usual type of agency, where a third party knows he is working through an agent. In undisclosed agency, a third party does not know whether he is working through an agent or not.
...
Disclosed agency
In disclosed agency, the agent is entitled to reveal the identity of his principal.
...
Undisclosed agency
There is opposition to the idea that an agent can work for an undisclosed principal.
...

https://webstroke.co.uk/law/commercial-law/disclosed-and-und...
Peer comments on this reference comment:

agree AllegroTrans
3 hrs
Thanks!
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