Glossary entry

French term or phrase:

mandant, mandataire

English translation:

donor, donee

Added to glossary by Imogen Hancock
Jul 16, 2011 13:57
13 yrs ago
54 viewers *
French term

mandant, mandataire et representative

French to English Law/Patents Law (general)
I am translating a "procuration" and although I have consulted previous proz entries I still can't make up my mind.

My question is about which words go together as a pair within a power of attorney like this:

The parties in the document are:
LE MANDANT (a company) which I have translated as "PRINCIPAL"
LES MANDATAIRES (lawyers authorised to receive all legal documents etc. on behalf of the mandant) - who I want to call "AGENTS" but am not sure if this is correct as I'm not sure if you would normally call lawyers "agents" within a power of attorney document in English.

There is also the CEO of the company - who is said to represent the company (Société A, Société Anonyme sise au....., représentée par son Directeur Général et administrateur Monsieur ..."), which is why I'm wary of calling the lawyers "representatives" as the CEO is the company's representative he's just giving the lawyers authority to represent the company in particular legal matters.

Discussion

Imogen Hancock (asker) Jul 16, 2011:
Mandant is definitely principal It's just whether or not it's ok for "mandataire" to be "agent" in this context. Principal/agent is the usual legal word pairing but it's just a bit unusual to refer to a lawyer as a company's "agent".
I forgot to mention when I first posted that I'm looking for the British translation.
Colin Morley (X) Jul 16, 2011:
Mandataire -v- Mandant In the case of a property sales mandate, the mandataire is the selling agency and the mandant the seller - I know this is in a different context and I'm no law specialist, but it just seems to me to be the wrong way round ??

Proposed translations

2 hrs
French term (edited): mandant, mandataire
Selected

donor, donee

mandataire (the one in whim the power is vested), here the solicitor = donee

mandant (the one who grants the power of attorney), here the client = donor

représentative = representative

http://www.lawontheweb.co.uk/Wills/Power_Of_Attorney



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Note added at 2 hrs (2011-07-16 16:55:32 GMT)
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PS : there is nothing wrong with the terms 'principal' and 'agent', whatever their profession. In other words, a solicitor can be described as an 'agent' if that accurately describes the function of the role he he is playing.

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Note added at 4 hrs (2011-07-16 18:05:37 GMT)
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On the matter of representation etc, if the document has been correctly put together (cough, cough, cough and fingers crossed...) the CEO's representative role and that of the solicitor acting under a power of attorney in certain (hopefully) clearly defined circumstances, will be clear.
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4 KudoZ points awarded for this answer. Comment: "Many thanks - this answer was also backed up by a conversation I had with a solicitor friend of mine"
29 mins

principal / grantor / empowered donor, agent / donee / attorney-in-fact and legal representative

principal / grantor / empowered donor, agent / donee / attorney-in-fact and legal representative

sources:

So Now you are an Agent Under Financial Power of Attorney
www.cobar.org/index.cfm/ID/21280 -
You have recently learned that you have been designated as an agent under a Financial Power of Attorney, also known as a General Power of Attorney or ...

Power of Attorney
www.lectlaw.com/filesh/qfl04.htm -
General Power of Attorney - authorizes your Agent to act on your behalf in a variety of different situations. Special Power of Attorney - authorizes your ...

Power of Attorney Frequently Asked Questions
www.legalhelpmate.com/power-of-attorney-faq.aspx -
Jump to Can I appoint more than one Agent in a Power of Attorney?‎: Without a trustworthy Agent, a Power of Attorney becomes a dangerous legal ...

[PDF] POWER OF ATTORNEY FOR REAL ESTATE TRANSACTIONS ONLY Know all ...
https://www.vtbar.org/.../Power_Attorney_RealEstate[1].pdf
PDF/Adobe Acrobat - Quick View
described in Section 1 of this Power of Attorney. Section 1. Delegation of Power . The Principal appoints the Agent to act for the Principal in, ...

Power of attorney - Wikipedia, the free encyclopedia
en.wikipedia.org/wiki/Power_of_attorney -
The person authorizing the other to act is the principal, grantor, or donor (of the power), and the one authorized to act is the agent, donee, or attorney ...
Office of the Public Guardian - Enduring power of attorney

Peony Capital - Senior Management
www.peonycapital.com/en/Senior-Management.htm -
Chief Executive Officer and Legal Representative. Tim has lived and worked in China for the past twenty years and is fluent in spoken and written Mandarin ...
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20 hrs

Grantor, Grantee OR Holder

"This Revocation of Power of Attorney will act as written notice that all powers granted under a Power of Attorney are revoked. This legal document sets forth the name(s) of the person originally granting the Power of Attorney (the “Grantor”), the original signing date, person to whom the Power of Attorney was given (the “Grantee”) and the date the original Power of Attorney is revoked. It is important that this revocation of powers is in writing and witnessed by two individuals. Having a written Revocation of Power of Attorney will make it difficult for a third party to challenge its validity."
http://uk.findlegalforms.com/product/revocation-of-power-of-...



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Note added at 20 hrs (2011-07-17 10:25:00 GMT)
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"In a recent Florida case, Deborah Butler, a partner in her father's real-estate business and holder of his power of attorney before his death, ..."
www.morningstar.co.uk/uk/markets/newsfeeditem.aspx?id...

"You can appoint a person or persons who to be the holder of lasting power of attorney which grants them the legal rights to make decisions on your behalf. ..."
dwt.essentialsystems.co.uk/private.../lasting-power-of-attorney.html -
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