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  3. Law: Contract(s)

Einberufungsmängel

English translation: defective notice

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Einberufungsmängel
English translation:defective notice
Entered by: Michael Kucharski

06:55 Jun 17, 2005
German to English translations [PRO]
Law/Patents - Law: Contract(s) / articles of association
German term or phrase: Einberufungsmängel
Context:
Einberufungsmängel:
Eine nicht vorschriftsmäßig einberufene Generalversammlung kann nur dann Beschlüsse fassen, wenn alle Gesellschafter anwesend oder rechtsgültig vertreten sind.

Defective notice???

Got no idea ;-(
Michael Kucharski
Local time: 21:05
defective notice
Explanation:
Defective notice - or defect in giving notice - sounds reasonable to me.
Selected response from:

Olav Rixen
Canada
Local time: 12:05
Grading comment
Thanks Olav and the other contributors!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1defective notice
Olav Rixen
4improper convocation
D.K. Tannwitz
4defective/improper/legally inadequate notice / noncompliance with the notice requirement
silfilla
4defective convocation
Monika Leit
2insufficient quorum
Stephen Sadie


  

Answers


2 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
Einberufungsmängel
insufficient quorum


Explanation:
I seem to remember this from times past. HTH

Stephen Sadie
Germany
Local time: 21:05
Specializes in field
Native speaker of: English
PRO pts in category: 190

Peer comments on this answer (and responses from the answerer)
agree  Astrid Elke Witte
7 mins
  -> thanks astrid and i thought my memory was getting worse!
disagree  Olav Rixen: It seems to me that even if the meeting is called with insufficient notice according to regulations, you can wind up with a quorum.
16 mins
  -> no, a quorum is needed to be able to pass decisions etc
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12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
Einberufungsmängel
defective notice


Explanation:
Defective notice - or defect in giving notice - sounds reasonable to me.

Olav Rixen
Canada
Local time: 12:05
Works in field
Native speaker of: Native in GermanGerman
PRO pts in category: 28
Grading comment
Thanks Olav and the other contributors!

Peer comments on this answer (and responses from the answerer)
disagree  Stephen Sadie: sounds extremely German
12 mins
  -> Sorry, Stephen, but 'insufficient quorum' is not a translation of Einberufungsmängel, which clearly means that the meeting wasn't called in accordance with company articles. At best, an insufficient quorum could be the result thereof.
agree  silfilla: commonly used term! :-) // p.s. I had overlooked that you had suggested *defective...* and ended up suggesting your option along with others; I asked Michael to disregard that part of my suggestion :-)
6 hrs
  -> Thanks, silfilla.
agree  Raghunathan Rajagopalan: defective notice (or) inadequate notice (i take it legally as implied) should work well in this context
1 day 17 hrs
  -> Thanks, R.Raghunathan.
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
Einberufungsmängel
improper convocation


Explanation:
not in line with articles of corporation

D.K. Tannwitz
Germany
Local time: 21:05
Works in field
Native speaker of: German
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  silfilla: sorry, WIDIC, but "convocation" is not used in this context; please check out the definitions in the OED, Webster's, and the like :-)
4 hrs
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Einberufungsmängel
defective/improper/legally inadequate notice / noncompliance with the notice requirement


Explanation:
Defective Notice: Some courts have indicated that without proper compliance with the DMCA, the notice is ineffective ... Other courts have held that substantial compliance with the notice requirement effectively puts the service provider ...

http://www.cybertelecom.org/ip/dmcatakedown.htm

Defective notice of any proceeding, effect.

257.460. In any case of a proceeding before the court where a notice is provided for in this chapter, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not be void; ...

http://www.moga.mo.gov/statutes/C200-299/2570000460.HTM

Can a director object to a defective notice at board of directors' meeting where the corporation failed to provide proper notice? ...
The laws of most states allow the director to object to the lack of proper notice of the board of directors meeting. However, the director must record his objection to the improper notice at the beginning of the meeting. ...

http://www.businesspowerlaw.com/13/101

improper notice. 4/21/04. 5/5/04 scheduled once/month please refer to agenda.
$19200.00. CAREONE Block 1805 Lots 13, 14, 16 & 18, Preliminary Minor ...
oldtappan.net/Boards%20&%20Committees/Planning%20Board/application_status.htm

business at the meeting due to improper notice and also refuses to take part in any
... business transacted at such meeting because of the improper notice. ...
www.iftach.org/Bylaws effective July 2004.pd

his item was deferred for improper notice from the meeting of January 6, 1999.
APPLICANT: Charles Joseph Reeder. BOARD ACTION: Approved on consent calendar ...
ci.alexandria.va.us/city/ current_docs/planning/ds012099.html

Any hearing request filed on such legally inadequate notice would be a timely hearing request. Counties would have to present evidence on the substantive ...
www.dss.cahwnet.gov/shd/docs/notes/97-02-02A.htm

Issues Raised in Midwest Plastics
Thus, Midwest had legally inadequate notice of her need for FMLA leave. The court also offered an alternative basis for its holding. ...
www.people.virginia.edu/~jhv3q/EmpLawCTS_2005/supp/fmla_iss...

--------------------------------------------------
Note added at 6 hrs 30 mins (2005-06-17 13:25:30 GMT)
--------------------------------------------------

I just noticed that Olav had suggested *defective notice*; my apologies! My amended suggestions are:

improper/legally inadequate notice / noncompliance with the notice requirement

silfilla
Local time: 15:05
Specializes in field
PRO pts in category: 300
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Einberufungsmängel
defective convocation


Explanation:
ist der richtige Ausdruck

--------------------------------------------------
Note added at 1 day 7 hrs 58 mins (2005-06-18 14:54:23 GMT)
--------------------------------------------------

Please ignore Silfilla\'s comment. Shareholder meetings are in fact convoked. Check google. There are about ten thousand hits when a shareholder meeting is convoked; it is commonly used.

--------------------------------------------------
Note added at 1 day 8 hrs 0 min (2005-06-18 14:55:44 GMT)
--------------------------------------------------

www.capcom.co.jp/ir/english/stock/pdf/2003capcom.pdf
www.capcom.co.jp/ir/english/stock/meeting.html
www.capcom.co.jp/ir/english/stock/meeting.html


    Reference: http://https://www.bancamediolanum.it/pdf/Statuto_eng.pdf
Monika Leit
Local time: 21:05
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 88

Peer comments on this answer (and responses from the answerer)
neutral  silfilla: sorry, Monika, but "convocation" is not used in this context; check out the definitions in the OED, Webster's, :-) // shareholder meetings are convened, not convoked; convoke/convocation is used icw universities, religious assemblies and the like
3 hrs
  -> sorry, Silfilla, but it is. Webster: convoke: to call together for a meeting; summon to assemble
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