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proces verbal de notification

English translation: record/affidavit of service

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:procès verbal de notification
English translation:record/affidavit of service
Entered by: Yolanda Broad
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05:05 Jun 15, 2005
French to English translations [PRO]
Bus/Financial - Law (general)
French term or phrase: proces verbal de notification
The term is the title of the document, drawn up in reference to the Commercial Code (France). It was served on a company for unfair trade practices.
Tina Delia
United Kingdom
Local time: 07:22
official notification
Explanation:
A proces-verbal is always an official report of something, so could this be a document just giving notification that this company is using unfair trade practices? I this document just given to the company, or is it also published somewhere?
Selected response from:

Carolyn Brice
Australia
Local time: 16:22
Grading comment
The document was not published. I think this is a good solution. Many thanks!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3record of serviceChristopher RH
3 +2affidavit of service
Nikki Scott-Despaigne
4writ
Graham macLachlan
2official notification
Carolyn Brice
21) certificate of the service of the writ 2) affidavit made by process server on the defendantAssimina Vavoula


  

Answers


52 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
1) certificate of the service of the writ 2) affidavit made by process server on the defendant


Explanation:
...

Assimina Vavoula
Greece
Local time: 09:22
Works in field
Native speaker of: Native in GreekGreek
PRO pts in category: 48
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55 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
official notification


Explanation:
A proces-verbal is always an official report of something, so could this be a document just giving notification that this company is using unfair trade practices? I this document just given to the company, or is it also published somewhere?

Carolyn Brice
Australia
Local time: 16:22
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in category: 7
Grading comment
The document was not published. I think this is a good solution. Many thanks!

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: am not convinced this is correct (can also be a protocol, record for example). -more context would have helped a lot. can you show definite reference to back this?
1 hr
  -> No, but I based my guess on the fact that this document was served on the company, and so it is not just a record somewhere. Otherwise, I would agree with Christopher RH below.
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
writ


Explanation:
A formal document; a legal instrument; spec. (Law) (a) a written command or order issued in the name of a sovereign, court, State, or other competent authority, directing a specified person or persons to act or refrain from acting in a specified way;

Graham macLachlan
Local time: 08:22
Native speaker of: Native in EnglishEnglish
PRO pts in category: 298
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
record of service


Explanation:
More context is necessary to be certain, but this would appear to be the "PV de notification" of a procedural document by a huissier.

I would imagine (but this is mere conjecture) that it is notification either of an "assignation" or perhaps a "saisie-contrefaçon".

Whatever it is, it is likely to describe that such-and-such a bailiff served a given document on a company.
Hence: "record of service"

Christopher RH
Local time: 08:22
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 164

Peer comments on this answer (and responses from the answerer)
agree  Nikki Scott-Despaigne: Much closer to my reading. I suggest "affidavit of service" US/UK. Agree that this is a doc certifying service has been effected.
1 day1 hr

agree  writeaway: question was already closed when I looked but what I found also pointed in this direction. this is why they advise waiting 24 hours before grading.
1 day1 hr

agree  Yolanda Broad: "PROCES-VERBAL - ... record of acts performed by a bailiff (eg service or attachment)" fm The Council of Europe French-English Legal Dictionary, F.H.S. Bridge, 1994 (I should have looked at this source sooner!)
1 day7 hrs
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1 day4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
affidavit of service


Explanation:
Hello Tina,

I see you have already made your choice. Unfortunately you have not provided much context which I admit handicaps me a little in my confidence level on this one. Never the less, you may find this helps.
"Official notification" may be insufficient as I suspect that the document in question in fact certifies service of an official notice. As I read this, "official notification" only deals with the last part of the term. The difference may be quite significant for your end client – the difference between the document itself and another one confirming service thereof…

Questions :

1) Context :

Official notification (US) / notice (UK) of what ?
Notification/notice may be suitable, but if I were sending this to a client, I’d prefer to have more specific details before making up my mind.
If I understand this correctly, it is being alleged that a company has failed to comply with fair trade legislation. I would like to know what is being notified specifically. As I say, this might not make any difference to your choice of term, but I’d like to set my mind at rest and get a fuller picture !

2) Does your original make reference to a specific article of the Code ?

You may find it helpful to consult the Code on the Legifrance site, ref below.

The following may be of assistance, although for lack of context, this is something of a shot in the dark. The extract relates to what English legalise would refer to as an “affidavit of service”. This is a long-shot, but this source may be helpful :

(Approach adopted :
Google search : “process verbal de notification”+”code de commerce”+legifrance)

http://www.legifrance.gouv.fr/texteconsolide/ADHQW.htm

Art 12-5, 3° al. :
« La commission doit se prononcer dans le délai de trois mois à compter du dépôt de la demande accompagnée de l'ensemble des pièces nécessaires à l'instruction du dossier. Le président de la commission transmet la proposition de celle-ci, qui est motivée, au ministre de la justice et au ministre chargé du budget, dans le délai de quinze jours à compter de son adoption. Il la notifie également, dans le même délai, au greffier et à l'agent judiciaire du Trésor, par lettre recommandée avec demande d'avis de réception. Le PROCES-VERBAL DE NOTIFICATION est joint au dossier de la commission. »



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Note added at 1 day 4 hrs 20 mins (2005-06-16 09:25:29 GMT) Post-grading
--------------------------------------------------

Service procedures in each jurisdiction are very important and specific. It is not uncommon for process servers – huissiers, solicitors – to have to furnish an affidavit to prove that those upon whom service is said to have been affected were in fact duly notified, obviously to prevent those being notified from saying “He say he sent it, but I never received it !”
Examples of “affidavit of service” – there are tons more out there ! Happy searching !
1) US – New York
http://www.courts.state.ny.us/lawlibraries/glossary.shtml
“affidavit of service: an affidavit intended to certify the service of a writ, notice, or other document”
2) UK
http://www.dca.gov.uk/civil/procrules_fin/contents/practice_...
3) Canada
http://www.gov.ns.ca/snsmr/consumer/resten/def.asp



    Reference: http://www.legifrance.gouv.fr/texteconsolide/ADHQW.htm
Nikki Scott-Despaigne
Local time: 08:22
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 424

Peer comments on this answer (and responses from the answerer)
agree  Yolanda Broad: Thanks for providing all the references and explanation, as well as the cautionary note about context.
4 hrs

agree  writeaway: and with Yolanda ;-)
5 hrs
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