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registrato fiduciariamente

English translation: registered as being held beneficially on trust

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:registrato fiduciariamente
English translation:registered as being held beneficially on trust
Entered by: lesley haigh
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07:56 Apr 5, 2004
Italian to English translations [PRO]
Law: Contract(s)
Italian term or phrase: registrato fiduciariamente
contract - guarantee clause - shares are registered in trust company
During the period in which the shares are "registrate fiduciariamente" the trust company undertakes to collect the profits..................
lesley haigh
Italy
Local time: 09:43
registered as being held beneficially on trust
Explanation:
As the question refers to shares regd. in a trust co., I see less of a problem using the concept of trust.

Ital. law obviously allows such, wheras Eng. co. law doesn't allow a trust of shares to be regd. The Articles of Association will not recognise such, but only the holder entered on the Register of Members who may be holding benficially i.e. for a secret 'beneficial/ultimate owner'.

'9. There are a total of 21,299 Elf Aquitaine ADS held by registered holders in Canada and held beneficially by participants in the Employee Plans and the ...'
Selected response from:

xxxKirstyMacC
Local time: 08:43
Grading comment
thanks!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4registered as being held beneficially on trustxxxKirstyMacC
3 +1registered in a fiduciary capacityfgb


  

Answers


49 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
registered in a fiduciary capacity


Explanation:
In the law firm I work for we do not use trust for "fiduciario". The idea being not to mix up the concept of a common law "trust" with the Italian concept. We usually translate "fiduciario" with fiduciary and try to work everthing out starting from there.

Hope this can help.


    Reference: http://www.la-notary.com/rs12/rs12c2.html
fgb
Works in field
Native speaker of: Native in ItalianItalian
PRO pts in category: 51

Peer comments on this answer (and responses from the answerer)
agree  xxxKirstyMacC: I see no harm in using 'trust' that may be claimed by the Eng. common law, but may well be the Roman law 'usufructus' that has come into Eng. & Wales on the back of Norman French law.
6 hrs
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
registered as being held beneficially on trust


Explanation:
As the question refers to shares regd. in a trust co., I see less of a problem using the concept of trust.

Ital. law obviously allows such, wheras Eng. co. law doesn't allow a trust of shares to be regd. The Articles of Association will not recognise such, but only the holder entered on the Register of Members who may be holding benficially i.e. for a secret 'beneficial/ultimate owner'.

'9. There are a total of 21,299 Elf Aquitaine ADS held by registered holders in Canada and held beneficially by participants in the Employee Plans and the ...'



    Reference: http://www.msc.gov.mb.ca/orders/total_fina.html
xxxKirstyMacC
Local time: 08:43
Native speaker of: Native in EnglishEnglish
PRO pts in category: 101
Grading comment
thanks!
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