This question was closed without grading. Reason: No acceptable answer
Sep 15, 2008 13:36
16 yrs ago
18 viewers *
French term

Statuts sous seing privé

French to English Bus/Financial Business/Commerce (general) INCORPORATION OF A COMPANY
Bjr,

Je traduis les statuts d'une société en création vers l'anglais, merci de m'aider pour :

' Dépôt de statuts sous seing privé', je vois plusieurs possibilités et ne sais choisir.......merci

Discussion

Yolanda Broad Sep 16, 2008:
Reposted from Clarifications section joehlindsay: 5:56pm Sep 15, 2008: I think we might want to consider the jurisdiction of the reader (US? UK? other?) I think 'sous seing privé' is usually certified by a 'huissier' of a French court. It might be what we call 'notarized' (which is usually certifié in French).
Ellen Kraus: 6:29pm Sep 15, 2008: Yes, that´s why I insinuated by saying ..... deposited or has been taken into safekeeping by the notary´s office. Besides, it is a document signed in the presence of a notary public.
joehlindsay: 7:54pm Sep 15, 2008: You are probably correct for the UK. Notaries in the UK are quite different than in the US (and even more so in France). There is isn't room here to explain, I will add a note to my answer (notarized articles of incorporation)

Proposed translations

7 mins

status under private seal

Une suggestion, d'après le grand dictionnaire...
Example sentence:

français seing privé n. m. Équivalent(s) English private seal

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+1
8 mins

legal statuts under private agreement

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Note added at 8 mins (2008-09-15 13:44:52 GMT)
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legal status, sorry
Peer comment(s):

agree Jennie Knapp
9 mins
thanks Jennie
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12 mins

statutes signed under hand

statutes signed under hand
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11 mins

by-laws private agreement deposit



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Note added at 13 mins (2008-09-15 13:49:09 GMT)
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References:

http://history.utah.gov/heritage_tourism_toolkit/partnership...

http://lrc.ky.gov/KRS/274-00/095.PDF
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17 mins

status under private writing

private writing: writing drafted without the intervention of a public officer and signed by the interested party or parties.

Termium
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+2
27 mins

Standard Articles of Association

Statuts= Company Statutes=Articles of Association (and Memorandum if you like)
Sous seing privé: either private or, as in this case simple= standard

==Articles in standard format.
Peer comment(s):

agree Clair Pickworth
1 hr
Thank You Clair
agree cmwilliams (X) : exactly - not 'statutes' or 'status' in English
3 hrs
Thank you CMW
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30 mins

the Statutes, in their capacity as private agreement, (have been taken into safekeeping by the nota)

Dictionnaire juridique - Définition de Sous-seing privé
Définition de Sous-seing privé

by the notarial office.

L'acte "sous seing privé" (on dit aussi sous signature privée) est une convention écrite établie par les parties elles-mêmes ou par un tiers, qui a été signée par elles ou par une personne qu'elles ont constituée pour mandataire en vue de règler une situation contractuelle (vente, location, société, contrat de travail...). Un testament olographe, un contrat d'assurances sont des actes sous-seing privé
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+2
46 mins

Filing of the memorandum and articles of association executed as a private agreement

just another variation

In uk, we refer to memorandum and articles of association
Peer comment(s):

agree cmwilliams (X)
2 hrs
agree Lanna Castellano : yes, if it is for a UK English readership
16 hrs
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4 hrs

notarized articles of incorporation (US, not UK)

Is this a 'société' as a private company? If it is, in US-EN it would be articles of incorporation rather than association. US 'articles of incorporation' = UK 'articles of association'. Who are your readers?

Also, I think sous seing privé, depending on jurisdiction, just means 'notarized', rather than officially filed with an authority. This question might be better answered in the 'law category'

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Note added at 7 hrs (2008-09-15 20:41:18 GMT)
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Please note that a notary public in the US is very different from a 'notary public' or 'civil law notary' in the UK, and very different from notaries in continental Europe who are authorized to practice certain kinds of law (convey property, family law. etc.).

Becoming a notary public in the US is fairly simple in most states, but what notaries are authorized to do is very limited relative to the UK or Europe. They mostly just witness signatures. The notary would not be custodian of documents unless he or she is also a licensed attorney. As Ellen Kraus noted, the notary does take custody of the documents here, but they probably would not in the US.

An agreement that would be signed and notarized, and confided to a notary in Europe, would be signed and notarized and confided to a custodian other than a notary in the US, usually a lawyer or maybe a bank custodian.

What is confusing here is the title 'notary PUBLIC'. The notary has a 'notary seal' which is the 'seing' in question. Although this matter is a 'private matter' at this point, the signatures have been authenticated by a notary public. Thus we have the concept of 'sous seing privé' although the certifier of the signatures is a notary PUBLIC. The documents are still in private custody and not filed with an authority, only the signatures have been notarized.

The agreement is private, but even documents reflecting private agreements usually are notarized in the US, but the documents not deposited with the notary. It would probably be best to get the opinion of some one versed in transnational law who is familiar with these differences, if the readership is US rather than UK and if it seems they might be of importance.


Peer comment(s):

disagree cmwilliams (X) : 'sous seing privé' does not mean notarized.
27 mins
You seem to live in the UK, in this context it does probably mean 'notarized' which is quite different from the meaning in Britain. A civil law notary or notary public in the UK is different from in the US. The 'seing' in question is the notary's seal.
disagree Lanna Castellano : Arts. of Incorp., yes; but agree with cmwilliams that sous seing privé means precisely that it is not notarised, but under private hand - See B. Nicholas, French Law of Contract (p. 57).
13 hrs
Of course it is under private hand, but it must be notarized, it is implied. This is just the way it is expressed in the US. Notarized means private and witnessed, not registered or filed with authorities. No one signs such things without witness
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