Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.
11:06 Jun 16, 2011
English to English translations [PRO] Bus/Financial - Business/Commerce (general) / Operating Agreement
English term or phrase:effective
What word does 'effective' refer to in the sentence below:
The Company shall be dissolved upon the first to occur of the following events:
b) At any time there are no Members, provided that, the Company is not dissolved and is not required to be wound up if, within 90 days after the occurrence of the event that terminated the continued membership of the last remaining member, the legal representative of the last remaining Member agrees in writing to continue the Company and to the admission of the legal representative of such Member or its assignee to the Company as a Member, effective as of the occurrence of the event that terminated the continued membership of the last remaining Member.
Explanation: This is a use of the word effective in a business register which means "taking effect from", i.e. the date the said procedure will be deemed to have taken place is the date when the last remaining member terminated their membership due to some event or other.
I agree with Stephanie's interpretation. I feel that an insertion of the word "if" would help make sense, as follows: "... providing that, IF the company is not dissolved and is not required to be wound up, within 90 days...". Obviously, in the two cases covered by IF, there is nothing more to be done.
I think they are saying that it is dissolved when there are not members (in b) unless there is a 90 day clause as described that allows a back-dating so to speak of a substitute for a member
If there are no active members, there's no company left, really so it would be normal to dissolve it. The "if" clause says that this dissolution will only happen if the lawyer agrees. This means that the company can be left (although totally inactive) for a while, probably in case things change. HTH
I believe that that they are saying that you have 90 days to agree to an earlier effective date. That earlier effective date is the "occurrence of the event that terminated." That type of thing is done all the time in legal agreements -- you agree (of course always in writing) to an effective date that goes back to an earlier date.
For me, that would reverse the meaning completely from "if the last member's lawyer agrees" to "unless the last member's lawyer agrees". However, I agree that it's a sentence that's horribly difficult to follow.
I too think that "if" should be replaced with "unless" in order to make any sort of sense out of the sentence. It is badly constructed and punctuated, which makes comprehension difficult, if not impossible.
about 'if' in "if, within 90 days after the occurrence..."
Shouldn't there be 'unless'? Otherwise the sense of the sentence escapes me.
Automatic update in 00:
Answers
5 mins confidence: peer agreement (net): +4
taking effect from
Explanation: This is a use of the word effective in a business register which means "taking effect from", i.e. the date the said procedure will be deemed to have taken place is the date when the last remaining member terminated their membership due to some event or other.
Liz Broomfield United Kingdom Specializes in field Native speaker of: English PRO pts in category: 26
The translation workplace 
peer agreement (net): +4