la escritura pública de cesión deberá ser otorgada

English translation: E+W: The Notarial Deed of Transfer shall be executed

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:la escritura pública de cesión deberá ser otorgada
English translation:E+W: The Notarial Deed of Transfer shall be executed
Entered by: Adrian MM.

13:14 Apr 7, 2021
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / share transfer process
Spanish term or phrase: la escritura pública de cesión deberá ser otorgada
This relates to an entity - a group of independent companies who have an ongoing relationship to work together on certain business opportunities. It is part of the agreement that sets out the terms and process for the right of one of the companies to purchase one of the other company's shares in the entity.

"La escritura pública de cesión deberá ser otorgada en el lugar, fecha y hora indicados en la notificación de ejercicio de la opción, compareciendo las partes en la notaría que corresponda."

I'm pretty sure that "escritura pública" means "record in a notarial instrument". So does that mean "escritura pública de cesión deberá ser otorgada" would be "The record(ing) of the transfer in a notarial instrument shall be executed"? I'm just not too sure, so could do with some help, please.

There seem to be variances in terms of US and UK English and I'm looking specifically for UK ENGLISH, please.

Many thanks.
Comunican
United Kingdom
Local time: 09:40
E+W: The Notarial Deed of Transfer / Disposal/ shall be executed
Explanation:
Deed is used in the US for land dealings only.

escritura pública BrE / IrE often AmE oftentimes - cut to the televised trial in Minnesota - and recording a contrato privado de compraventa. Stamp duty will need to be paid on the escritura. Otherwise, the Registro Mercantil or de Propiedad will - as forewarned by Spanish and Cuban lawyers in Madrid - refuse to register such hallowed muniments of title.

The problem to me is the translation of cesión : so whether is a general disposal of shareholdings, the parties to which in UK tax terms are the IT / Income Tax disposer or CGT/ Capital Gains Tax disponer and disponee, trasnfer of share certs as tangibles or assignment of the underlying 'choses in action' as intangibles.

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Note added at 4 heures (2021-04-07 17:31:19 GMT)
--------------------------------------------------

1. E+W: England and Wales, so not necessarily Scotland.

A company share, like copyright, in the law of E+W counts as a 'chose in action' so needs to be 'assigned in writing' - as constantly and otiosely mentioned by English, Aussie and Irish Assistant Solicitors in the company dept. of my ex-City law firm wishing to earn Brownie Points, though it coud be argued that a bearer share certificate is a 'chose in possession'.

2. trasnfer > transfer of share certs

3. the UK notarial favourite of an 'Indenture' for an escritura would be two documents with serrated edges that fit together. A Deed Poll is a unilateral Deed, as used for for change of name.
Selected response from:

Adrian MM.
Austria
Grading comment
Thanks Adrian MM and everyone. I now understand that "escritura pública" is neatly translated as "notarial deed". "Notarial deed means a deed attested by a notary public, and does not include a document a signature to which is merely authenticated by a notary public, or a copy of a document which has been certified as correct by a notary public".
And that deeds are "executed". Much appreciated.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +3E+W: The Notarial Deed of Transfer / Disposal/ shall be executed
Adrian MM.
4 +1the deed of assigment must be executed
patinba


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
the deed of assigment must be executed


Explanation:
A Deed of Assignment is a legal document that transfers or assigns the legal rights and obligations to another party.

What Is A Deed of Assignment, Anyway? | Sprintlaw

patinba
Argentina
Local time: 06:40
Native speaker of: Native in EnglishEnglish
PRO pts in category: 564
Notes to answerer
Asker: Thanks Patinba. Isn't a deed of assignment when one is transferring the rights/obligations arising under a contract? Whereas this is the transfer of shares... I'm not sure...

Asker: "Equitable interest is also known as beneficial interest" - from https://www.samconveyancing.co.uk/news/conveyancing/deed-of-assignment-transfer-your-beneficial-interest-in-property-8197


Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
20 hrs

neutral  philgoddard: I think you have to say "public" or "notarised".
1 day 1 hr
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
E+W: The Notarial Deed of Transfer / Disposal/ shall be executed


Explanation:
Deed is used in the US for land dealings only.

escritura pública BrE / IrE often AmE oftentimes - cut to the televised trial in Minnesota - and recording a contrato privado de compraventa. Stamp duty will need to be paid on the escritura. Otherwise, the Registro Mercantil or de Propiedad will - as forewarned by Spanish and Cuban lawyers in Madrid - refuse to register such hallowed muniments of title.

The problem to me is the translation of cesión : so whether is a general disposal of shareholdings, the parties to which in UK tax terms are the IT / Income Tax disposer or CGT/ Capital Gains Tax disponer and disponee, trasnfer of share certs as tangibles or assignment of the underlying 'choses in action' as intangibles.

--------------------------------------------------
Note added at 4 heures (2021-04-07 17:31:19 GMT)
--------------------------------------------------

1. E+W: England and Wales, so not necessarily Scotland.

A company share, like copyright, in the law of E+W counts as a 'chose in action' so needs to be 'assigned in writing' - as constantly and otiosely mentioned by English, Aussie and Irish Assistant Solicitors in the company dept. of my ex-City law firm wishing to earn Brownie Points, though it coud be argued that a bearer share certificate is a 'chose in possession'.

2. trasnfer > transfer of share certs

3. the UK notarial favourite of an 'Indenture' for an escritura would be two documents with serrated edges that fit together. A Deed Poll is a unilateral Deed, as used for for change of name.

Example sentence(s):
  • Deed of Transfer means the notarial instrument of transfer of the Shares (as relevant), substantially in the forms set forth in Schedule E.

    Reference: http://www.proz.com/kudoz/spanish-to-english/law-contracts/6...
    Reference: http://www.lawinsider.com/dictionary/deed-of-transfer
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 278
Grading comment
Thanks Adrian MM and everyone. I now understand that "escritura pública" is neatly translated as "notarial deed". "Notarial deed means a deed attested by a notary public, and does not include a document a signature to which is merely authenticated by a notary public, or a copy of a document which has been certified as correct by a notary public".
And that deeds are "executed". Much appreciated.
Notes to answerer
Asker: Thanks Adrian MM. What does E+W mean, please?

Asker: Ah, OK, it never occurred to me that you meant England and Wales. Thanks!


Peer comments on this answer (and responses from the answerer)
agree  Eileen Brophy
30 mins
  -> Thanks and gracias, Eileen.

agree  AllegroTrans
20 hrs
  -> Thanks, Chris.

agree  philgoddard
1 day 1 hr
  -> Thanks again, Phil.
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