... la consignation d’une provision complémentaire,

English translation: the payment-in or -over of a supplementary advance

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

French term or phrase:	... la consignation d’une provision complémentaire
English translation:	the payment-in or -over of a supplementary advance
Entered by:	Adrian MM.

06:48 Aug 4, 2019

French to English translations [PRO]
Law/Patents - Law (general)

French term or phrase: ... la consignation d’une provision complémentaire,

this part appears in a divorce ruling... My attempt to translate is "... a deposit of an additional payment,..."

Please find the sentence for more context:
DIT que le notaire, si le coût probable de sa mission s’avère plus élevé que la provision fixée, doit communiquer au juge aux affaires familiales ainsi qu'aux parties où à leurs conseils, l’évaluation prévisible de ses frais et honoraires en sollicitant la consignation d’une provision complémentaire,

Dinusha Dayawansa KudoZ activity Questions: 31 (none open) (1 without valid answers) (1 closed without grading) Answers: 0 Canada
Local time: 01:09

the payment into court of a supplementary advance on costs

Explanation:
Note that 'a provision' is arguably a false friend with 'une provision' in this context and that stylistic criticism of the terms like 'top-up' should not be allowed to get in the way of the pith of the answer serving as a template.

La provision: cover; advance; reserve; funds; value; consideration; par proivision; by way of *advance* (FHS Bridge)

Selected response from:

Adrian MM.
Austria

Grading comment

4 KudoZ points were awarded for this answer

Summary of answers provided

4 +2

...the payment of an additional provision

AllegroTrans

...the payment into escrow [or depositing with the court] of such additional fee,

Eliza Hall

the payment into court of a supplementary advance on costs

Adrian MM.

4 -1

lodging of an additional provision

Tony M

Discussion entries: 2

Eliza Hall

United States

@AllegroTrans and @Adrian

20:13 Aug 5, 2019

Per Art. R 444-60 of the Code de Commerce, money "consigné" to pay the fees of a notaire is "soumis aux règles applicables en matière d'expertise," in other words, held and paid out according to the same rules as money consigné to pay a court-appointed expert.
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFT...

That is, it's deposited with le Greffe. In the US we often call that court office the prothnotary, but to avoid jurisdiction-specific terms you can just say deposited into escrow with the court. As I said, NOT into the notaire's client account.

But since you two don't seem to like taking my word on legal matters, here's a male lawyer -- perhaps you're better at listening to men?

"Consignation: Dépôt d'espèces, de valeurs ou d'objets entre les mains d'une tierce personne à charge pour elle de les remettre à qui de droit. Il en est ainsi du plaideur qui dépose au greffe de la juridiction la somme nécessaire à la couverture des frais... de l'expert."

https://www.bruno-bedaride-notaire.fr/lexique-juridique-et-f...

Eliza Hall

United States

Re notaire accounts, @AllegroTrans

14:03 Aug 5, 2019

The link you've posted is interesting but doesn't mean what you think it does. Law firms and solo lawyers in the US have these accounts too; they are for holding money for your clients and third parties. In the US they're called lawyer's trust accounts: https://www.lawyersmutualnc.com/risk-management-resources/ar...

This type of account is where you put money for your clients or for third parties. It's not where a client or third party puts money for you (as in the text Dinusha is translating).

Quote from your link: "Vous disposez de sommes et valeurs qui n’ont pas pu être versées à leurs bénéficiaires ? Vous pouvez consigner les reliquats de compte à la Caisse des Dépôts, pour garantir leur sécurité jusqu’à la déconsignation.... Succession, donation, divorce, vente immobilière : le notaire intervient dans un large panel d’actes patrimoniaux. Vous êtes ainsi amené à détenir des sommes et des valeurs."
https://consignations.caissedesdepots.fr/professionnel-du-dr...

That's not what Dinusha's text is about.

Answers

3 hrs confidence:

peer agreement (net): +2

...the payment of an additional provision

Explanation:
"Top-up" is a bit off-register imo
"Consignation" MAY mean into Court but could also mean into the Notary's client US escrow) account

AllegroTrans
United Kingdom
Local time: 06:09
Specializes in field
Native speaker of:

English
PRO pts in category: 1355

8 hrs confidence:

the payment into court of a supplementary advance on costs

La consignation c'est également la mesure figurant dans une décision avant dire droit par laquelle une partie est invitée à déposer au Greffe une *provision* destinée à couvrir des frais d'enquête ou d'expertise.
Supplementary Payments covers various expenses associated with your defense , such as attorneys fees, court costs, and interest charged on judgments.

Reference: http://www.dictionnaire-juridique.com/definition/consignatio...

Adrian MM.
Austria
Specializes in field
Native speaker of:

English
PRO pts in category: 359

Peer comments on this answer (and responses from the answerer)

neutral

Tony M: Except that the "payment" is normally made to the notaire, not the Court.This is just the simple case where you over-py the notaire an estimayed amount to cover their fees + sundry disbursements, the balance to be refunded afterwards.

1 hr

-> Thanks, Tony, but there seems to be a misunderstanding about the idea of 'une provision' & the mechanics of a 'consignation' pd. into court or la Caisse des dépôts et consignations to earn int. http://www.droit.fundp.ac.be/pdf/faculte/D141.pdf

neutral

AllegroTrans: I would need to be convinced that payment is actually into Court rather than simply mandated by the Court and held on the Notary's client account

17 hrs

-> Best wait for any clarification from the asker.

neutral

Eliza Hall: Consignation means payment into escrow -- the funds can be held by a private escrow company, or the court; per FR law, here it's the court. You're right that Tony M's comment is incorrect.

22 hrs

-> Be careful about using AmE 'payment into escrow' terms for the UK & Sri Lanka (SL): 'escrow' in the US is also a land reg. process &, in the UK, describes docs. & deeds held on deposit subject to a *condition*. UK & SL: stakeholder, deposit or trustee a/c

9 hrs confidence:

peer agreement (net): -1

lodging of an additional provision

Explanation:
In terms of notaires' out-of-pocket expenses, what is paid over is considered 'lodged' with the notaire, pending final accounting and settlement.

Tony M
France
Local time: 07:09
Native speaker of:

English
PRO pts in category: 258

1 day 6 hrs confidence:

...the payment into escrow [or depositing with the court] of such additional fee,

Explanation:
Consignation isn't just payment, it's payment into escrow, either literally (using a third-party escrow company) or figuratively (depositing the funds with the court to be held against later payment).

Consignation in FR legal dictionary: https://www.dictionnaire-juridique.com/definition/consignati...

The notaire here is supposed to let the court and the parties know if her fees are likely to be higher than previously anticipated, and to request that an additional sum be paid into escrow to cover that. It's not to be paid to her yet. When she finishes her work and knows the exact final cost, she can be paid by some procedure established by the court, under which she lets the escrow company (or whatever entity is holding the funds) know what she's owed. She'll then be paid that amount and the remainder will presumably be returned to the party or parties who paid it into escrow.

As for "provision," there are a few different terms for that in EN but because we're talking about the money owed to a type of lawyer (FR notaire) for legal services, the proper word is fee or fees.

--------------------------------------------------
Note added at 1 day 7 hrs (2019-08-05 14:39:24 GMT)
--------------------------------------------------

Per Tony M's point below, this might better be termed "anticipated additional fee" rather than just "additional fee." It's anticipated because the notaire is supposed to make a reasonable estimate of what they think it's likely to be, but nobody knows yet what the final number will be.

--------------------------------------------------
Note added at 1 day 7 hrs (2019-08-05 14:40:43 GMT)
--------------------------------------------------

Per Tony M's point below, this might best be called an "anticipated additional fee" rather than just an "additional fee." It's anticipated because the true final number isn't yet known, but the notaire is supposed to make a reasonable estimate of what the extra fees will be (and then that amount is placed in escrow).

Eliza Hall
United States
Local time: 01:09
Specializes in field
Native speaker of: English
PRO pts in category: 145

Peer comments on this answer (and responses from the answerer)

neutral

AllegroTrans: Don't agree with your reasoning. A notary's separate client account meets all the requirments of escrow and is standard practice in France. Also this is not a "fee" but a provisional payment toward costs.

11 mins

-> You're not understanding how this works. You can't hold money in escrow for yourself. A notaire's client account is for client and third-party funds (e.g. if an estate is the client, the $ might go to 3d-party beneficiaries), not the notary's own funds.

neutral

Tony M: And also, do note it is not 'paying the additional fee', but rather 'an amount set aside for possible fees/expenses' — which will be settled later, when it's all done and dusted.

38 mins

-> Fair point; it might better be described as "anticipated additional fee" (since the true amount isn't yet known but the notaire is supposed to make a reasonable estimate, not just invent a number out of thin air).

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