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qui acceptent d'être commandités

English translation: who agree to become general/active partners

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:qui acceptent d'être commandités
English translation:who agree to become general/active partners
Entered by: xxxcmwilliams
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16:57 Jan 10, 2008
French to English translations [PRO]
Law/Patents - Business/Commerce (general)
French term or phrase: qui acceptent d'être commandités
"La transformation en société en commandite simple ou par actions est décidée dans les conditions prévues pour la modification des statuts et avec l'accord de tous les associés qui acceptent d'être commandités." In articles of association, I think this means that the shareholders have to accept to have unlimited liability but does it mean that all of the shareholders have to agree to have unlimited liability or that they need the approval of only the shareholders who accept to have unlimited liability...any help appreciated.thanks
Jane RM
France
Local time: 12:59
who agree to become general partners
Explanation:
general or active partners (who have unlimited liability) as opposed to limited partners (commanditaires)

t contains two categories of partners: the general partners (commandite), who bear joint and unlimited liability for the debts of the SCS; and the limited ...
books.google.com/books?isbn=0792326822...

According to French law the sociehte en commandite (limited partnership) ... several partners called general or managing partners (commandite or ge'rant.s) ...
links.jstor.org/sici?sici=0013-0133(190706)17%3A66%3C284%3ACIF%3E2.0.CO%3B2-Z -

--------------------------------------------------
Note added at 1 hr (2008-01-10 17:58:27 GMT)
--------------------------------------------------

... on two categories of partners: The Associés commanditaires (Limited partners) ─ the Shareholders ─ and the Associés commandités (General Partners). ...
www.michelin.com/corporate/front/templates/affich.jsp?codeR...

--------------------------------------------------
Note added at 1 hr (2008-01-10 18:35:28 GMT)
--------------------------------------------------

Limited Partnership (société en commandite simple or SCS)
The SCS structure, seldom used in France, has two classes of partners :
- at least one unlimited general partner (commandité), which may be a limited
company, who manages the partnership and has unlimited personal liability.
- one or more limited partners (commanditaires) that have liability limited to their
capital contribution and are not allowed to participate in the management. Their legal
status is similar to that of a partner of a SARL.
No minimum capital is required.
Partnership Limited by shares (société en commandite par actions or
SCA)
Similar to the previous category except that the shares are negotiable, and the status
of the limited liability partners (commanditaires) is similar to that of shareholders in an
SA
www.sodip.com/images/Produits/A91DADB5-8743-4455-B2A3-BA3D9...
Selected response from:

xxxcmwilliams
United Kingdom
Local time: 11:59
Grading comment
thanks, it seemed to create a lot of argument - I went "with accept to become unlimited partners"
4 KudoZ points were awarded for this answer

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Summary of answers provided
4who accept to become partners
L.J.Wessel van Leeuwen
4 -1who agree to become general partnersxxxcmwilliams
4 -3who accept becoming limited partners
AllegroTrans
4 -3who accept to become sleeping (UK) / silent (US) partners
Transitwrite


Discussion entries: 2





  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
who accept to become partners


Explanation:
soc en commandite is a partnership

--------------------------------------------------
Note added at 10 mins (2008-01-10 17:08:22 GMT)
--------------------------------------------------

soc . en commandite simple = limited or special partnership
soc. en commandite par actions = partnership limited by shares

L.J.Wessel van Leeuwen
South Africa
Local time: 12:59
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in DutchDutch
PRO pts in category: 14

Peer comments on this answer (and responses from the answerer)
neutral  rkillings: So how to distinguish the 'associés' from the 'commandités' ?
23 mins
  -> What is the difference between an "associate" and a "partner"...

agree  Transitwrite: limited partnership
28 mins
  -> thanks Sharon

neutral  xxxcmwilliams: who agree to become general partners (i.e. they have unlimited liability) as opposed to limited partners (commanditaires).
40 mins
  -> see my notes

neutral  BusterK: simple or par action isn't the point. Both have commandités, i.e. unlimited responsibility, and commanditaire, i.e. limited. Capital is split in "parts sociales" or "actions"
53 mins
  -> So what? What is your problem? Your suggestion?

disagree  AllegroTrans: a partnership is a société en nom collectif (Collins Robert) - this is about tranformation into a limited partnership (of which there are 2 forms under French law)
2 hrs
  -> Qu'est ce que ceci a a faire avec la traduction que je propose? Soit ils acceptent, soit ils n'acceptent pas d'etre commandite.
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49 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -3
who accept becoming limited partners


Explanation:
I read this as the partners (i.e. simple partners...no pun intended) becoming limited partners

AllegroTrans
United Kingdom
Local time: 11:59
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 245

Peer comments on this answer (and responses from the answerer)
disagree  L.J.Wessel van Leeuwen: Please read:" ...en commandite simple ou par actions " so it is either the one or the pther.
4 mins
  -> NO, this is about an "entity" (not defeined in the text) becoming EITHER a limited partnership or a partnership limited by shares, in which case the partners agree to become "limited partners"

disagree  rkillings: The commandités are the *unlimited* (liability), i.e., "general", partners; the commanditaires are the limited partners. Same translation whether soc. simple or par actions.
2 hrs

disagree  xxxcmwilliams: limited partners are commanditaires, not commandités
3 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -3
who accept to become sleeping (UK) / silent (US) partners


Explanation:
select the adjective according to whether US or UK English

Transitwrite
France
Local time: 12:59
Specializes in field
Native speaker of: English
PRO pts in category: 27

Peer comments on this answer (and responses from the answerer)
disagree  writeaway: that is a commanditaire according to Robert Collins business and Larousse. not the same thing
1 hr

disagree  AllegroTrans: Yes Robt Collins defines commanditaire as sleeping partner and this term is not in the asker's text
1 hr

disagree  rkillings: Sleeping/silent partners are just limited partners with no role in running the firm.
13 hrs
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52 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
who agree to become general partners


Explanation:
general or active partners (who have unlimited liability) as opposed to limited partners (commanditaires)

t contains two categories of partners: the general partners (commandite), who bear joint and unlimited liability for the debts of the SCS; and the limited ...
books.google.com/books?isbn=0792326822...

According to French law the sociehte en commandite (limited partnership) ... several partners called general or managing partners (commandite or ge'rant.s) ...
links.jstor.org/sici?sici=0013-0133(190706)17%3A66%3C284%3ACIF%3E2.0.CO%3B2-Z -

--------------------------------------------------
Note added at 1 hr (2008-01-10 17:58:27 GMT)
--------------------------------------------------

... on two categories of partners: The Associés commanditaires (Limited partners) ─ the Shareholders ─ and the Associés commandités (General Partners). ...
www.michelin.com/corporate/front/templates/affich.jsp?codeR...

--------------------------------------------------
Note added at 1 hr (2008-01-10 18:35:28 GMT)
--------------------------------------------------

Limited Partnership (société en commandite simple or SCS)
The SCS structure, seldom used in France, has two classes of partners :
- at least one unlimited general partner (commandité), which may be a limited
company, who manages the partnership and has unlimited personal liability.
- one or more limited partners (commanditaires) that have liability limited to their
capital contribution and are not allowed to participate in the management. Their legal
status is similar to that of a partner of a SARL.
No minimum capital is required.
Partnership Limited by shares (société en commandite par actions or
SCA)
Similar to the previous category except that the shares are negotiable, and the status
of the limited liability partners (commanditaires) is similar to that of shareholders in an
SA
www.sodip.com/images/Produits/A91DADB5-8743-4455-B2A3-BA3D9...

xxxcmwilliams
United Kingdom
Local time: 11:59
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 59
Grading comment
thanks, it seemed to create a lot of argument - I went "with accept to become unlimited partners"

Peer comments on this answer (and responses from the answerer)
disagree  L.J.Wessel van Leeuwen: Please read:" ...en commandite simple ou par actions " so it is either the one or the other. You are offering GENERAL partners which I am saying is not the correct translation, which you suggest will work for either or both types.
2 mins
  -> there are two types of partners in a French limited partnership//please see my latest note.

disagree  AllegroTrans: they would have been general partners in the first place - the crux is here that they are to become limited partners
1 hr
  -> they are definitely not limited partners. commandités have unlimited liability, as opposed to commanditaires who have limited liability.

agree  rkillings
2 hrs
  -> Thanks
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Changes made by editors
Jan 20, 2008 - Changes made by xxxcmwilliams:
Created KOG entryKudoZ term » KOG term


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