As Fourth has pointed out, this doesn't exist in English so I feel that it would be best to leave the term in French with a gloss or translator's note. A quick Google search shows that this has been translated in many different ways, so take your pick, but be sure to also mention the French term.

French companies can take various legal forms : Société anonyme (SA), ... An expert appraiser (Commissaire aux apports) must be appointed by the Commercial ...
www.thieffry.com/doingbusiness/corporations.htm

Becomes a MEMSCAP Group company. Grenoble, France and Durham, North Carolina ... the transaction by an independent appraiser (‘commissaire aux apports’) and ...
www.memscap.com/dowload/20041020_Optogone_en.pdf

The "commissaire aux apports" is responsible for evaluating the assets brought to the capital of your company. The appointment of one or more "commissaire ...
www.users.globalnet.co.uk/~lalmy/english/www.greffe-tc-pari...

The company as a legal identity (personne morale) will then take over liability for ... provided in kind officially evaluated by a commissaire aux apports. ...
www.startingabusinessinfrance.info/Book/Procedures/



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Note added at 1 day15 hrs (2008-09-18 09:00:30 GMT)
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Assuming we're talking about France, this is a very specific role in Fench law. Whichever translation/explanation you use, I would also mention the French term in brackets.

by Christopher Joseph Mesnooh - 1994 - Law - 366 pages
A contributions auditor (commissaire aux apports) is appointed by the chief judge ... this auditor is chosen from the list of registered statutory auditors. ...
books.google.co.uk/books?isbn=0792326822...

... well as of the special auditors ("COMMISSAIRE AUX APPORTS") appointed by Court; ... the 26779 Shares to be registered under the Act have been duly and ...
www.secinfo.com/dVut2.714hz.d.htm - 17k

5.28 Specific tasks
Registered auditors are frequently engaged for specific tasks, particularly in the capacity of assessing the
value of contributions in kind (commissaires aux apports) or values attributable to the shares of companies
in a merger (commissaires à la fusion).
www.oecd.org/dataoecd/43/2/2086910.pdf

http://www.proz.com/kudoz/french_to_english/bus_financial/41...

In investment banking the English loan word 'pricing agent' is often used in French. I think BNP has the largest pricing agent service in France. I think there is also another English term I can't recall right now. I'll look back in my files. Pleas give a whole sentence.

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Note added at 2 hrs (2008-09-16 20:51:39 GMT)
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French definition of commissaire aux apports:

Les apports sont les sommes d’argent (apport en numéraire) ou les biens corporels ou incorporels (apports en nature) qui sont apportés par les associés à leur entreprise pour la constitution du capital social. En conséquence de quoi, les associés reçoivent une fraction de ce capital alors représenté par des parts sociales ou des actions selon la forme juridique de l’entreprise.
Les apports en nature pouvant constituer tout ou partie du capital social des entreprises, à ce titre, ils doivent être évalués par les associés. Et pour préserver l’égalité des associés, présents et à venir, cette évaluation est opérée par un expert indépendant et extérieur à la société, le commissaire aux apports.

In English this is called a 'pricing agent'. That is the official term in investment banking, which most often deals with the formation of new companies or new equity issue (UK-capital increase/FR augmentation de capital). There are other kinds of 'pricing agents' who collect prices for consumer goods, etc. Those for equity valuations for companies will usually be found only in a few specialized companies serving the banking/investment banking/hedge fund industries.

This is a fairly esoteric term you may not be able to confirm on the internet. You might telephone BNP Capital Markets Service in Paris and inquire.

Or to avoid the issue, just put 'independent valuation consultant/agent'.

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Note added at 13 hrs (2008-09-17 07:33:37 GMT)
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I can't speak to Articles of Association in the UK, but the function exists in France, Switzerland, US, Japan and Canada. It strikes me as surprising that it doesn't exist in the UK. It seems it would be a necessity when forming companies, partnerships, consortia, etc.

My personal observation, which I might or might not be able to confirm with a linguistic reference, is that the words 'appraiser/appraisal are typically used for concrete things, (real estate, art, equipment, etc.), and 'valuation' is used for financial instruments, derivatives, intangible capital goods (good will, value of a brand name, expertise of a person), or a combination of concrete and intangible assets. However, the term 'pricing agent' seems to be the accepted translation in the investment banking and asset valuation professions. I remember that the first time I encountered this term, I had a hard time tracking it down, and 'pricing agent' just didn't sound right. My editor challenged it and researched it also.

As I mentioned, the context I invoke is the consulting of clients wanting to form a company or issue new equity who come to an investment bank for advice (which is one of the functions of many investment banks).

Although they may not appear in the UK Articles of Association, I think any term like 'independent appraiser', 'independent assessor', 'independent valuation advisor/consultant/expert', would be understood, is clearly what is meant, and should probably be placed in parentheses after the French term if it is used.

An advertisement for a company offering such services in EL Paso, Texas, USA appears at http://legal.masterseek.com/id/8317847/Asset-Appraisal.htm. They call themselves an 'independent valuation firm'.

Are you sure the 'UK Articles of Association' are the correct reference and context? It appears to me that since the asker mentions 'dans le context d'un apport en nature pour augmenter le capital d'une société' that there is an investment bank probably involved here and this is new equity (UK capital increase) requiring a valuation, rather than this being a question of chartering a company in the UK.

I would be curious to know how they get around the necessity for independent valuation in the UK (?)







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Note added at 4 days (2008-09-21 06:39:22 GMT)
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1. In cmwilliams' posting there are clear translations of 'commissaire aux apports' as 'expert appraiser', 'independent appraiser', either of which I think would do.

2. I have had the opportunity to ask a lawyer practicing in this field in New York and Paris. He says 'licensed independent appraiser' but any of the above are fine.

3. There is nothing to preclude an auditor from being an appraiser or pricing agent, but this is not an audit function. An auditor would verify tangible contributions. He does not evaluate intangible (in-kind) contributions which is a specialized expertise and different vocation.

4. If you put 'commissaire aux apports' in French, I think it would be best to explain it with one of the independent/expert/appraiser terms, or if it is for an investment bank, which the mention of 'augmenter le capital' suggests it might be, use pricing agent. Independent and properly licensed will be understood with that term.