il semble que vous déteniez une créance a la encontre de la societe

English translation: it appears that you hhave a claim against the company

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:il semble que vous déteniez une créance a la encontre de la societe
English translation:it appears that you hhave a claim against the company
Entered by: Heathcliff

14:31 Sep 12, 2000
French to English translations [PRO]
Law/Patents
French term or phrase: il semble que vous déteniez une créance a la encontre de la societe
it is a legal letter from a liquidator, inviting us to file a complaint for a company who was declared (a éte mise en liquidation)
linda
Or, less literally but equally correctly (see below):
Explanation:
"You appear to be one of the creditors of XYZ Company..." In other words, XYZ Company apparently owes you money.

This (apparent) fact was presumably determined by the liquidators when they examined the financial records of XYZ Company.

Incidentally, one good English equivalent of "...déclaré" is "...placed in receivership," meaning that management of the company has been turned over to the receivers (also known as "liquidators"), who are responsible for examining the company's accounting records, determining who its creditors are, and making arrangements for payment of all of the company's debts and distribution of the company's remaining assets (if any). -- Hope this helps!
Selected response from:

Heathcliff
United States
Local time: 13:11
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Summary of answers provided
na... a debt against the company ...
Janet Kemp
naOr, less literally but equally correctly (see below):
Heathcliff
naIt would appear that you have a claim against the company
Nikki Scott-Despaigne
na"it seems that you hold a claim against the company"
Louise Atfield


  

Answers


16 mins
... a debt against the company ...


Explanation:
"You would appear to have (or, you seem to have) a debt (or, a receivable: money outstanding)against the company..." It makes sense that that would be the reason "you" were asked to file a complaint against them.

Janet Kemp
United States
Local time: 16:11
PRO pts in pair: 39

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

Nikki Scott-Despaigne
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47 mins
Or, less literally but equally correctly (see below):


Explanation:
"You appear to be one of the creditors of XYZ Company..." In other words, XYZ Company apparently owes you money.

This (apparent) fact was presumably determined by the liquidators when they examined the financial records of XYZ Company.

Incidentally, one good English equivalent of "...déclaré" is "...placed in receivership," meaning that management of the company has been turned over to the receivers (also known as "liquidators"), who are responsible for examining the company's accounting records, determining who its creditors are, and making arrangements for payment of all of the company's debts and distribution of the company's remaining assets (if any). -- Hope this helps!

Heathcliff
United States
Local time: 13:11
Native speaker of: English
PRO pts in pair: 953
Grading comment
Graded automatically based on peer agreement.

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

Nikki Scott-Despaigne
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13 hrs
It would appear that you have a claim against the company


Explanation:
détenir = hold, possess, have
une créance = a claim, a debt (from the creditor's point of view)
à l'encontre de = against

Given your context, that the "vous" is in a position to obtain something form the company, your sentence indicates that they are owed money from the company (in liquidation and not in receivership, judging from the information you have provided) and that the liquidator is informaing them that they should make a claim. Use the term "claim" as that is the correct term in the circumstances.

RECEIVERSHIP and LIQUIDATION are not the same. LIQUIDATION means the company is being wound up, it has gone bust, if you prefer! RECEIVERSHIP is another possibility and comes before liquidation and may even save a company from liquidation although not always. For many receivership arrives too late and the company cannot be saved.

LQUIDATORS take care of liquidations and RECEVIERS of receiverships. There is an Official Recevier (unhelpful title) who can be apoitned to take care of a company in receviership or in liquidation. If someone other than the Official Receiver is appointed, then that person must be a qualified insolvency practitioner. Certain accountancy and law qualifications enable a person to act as liquidator. I forgot to check out the sites of professional bodies before answering your question. (I used to work for the ACCA Legal, Ethics and Disciplinary Dept in Lincoln's Inn Fields, WC2A in London). You may like to try the Insolvency Practionners Association (IPA). Also check out the Companies Acts and the Inolvency Act which are accessible on the web, I think through the IPA.

Simply put, a liquidator is in charge of the winding-up of a company. There are strict rules regarding his appointment, his obligations and his rights. He basically looks at what asets the company has (if any) tries to collect monies due to the company and then redistributes them pro rata among those entitled.

A receiver on the other hand is appointed to preserve & protect property at risk so that relevant third parties can benefit from rights over it or recover payment of a debt. He can also be appointed under the terms of a debenture. He moves in and manages the company for a while. Recevierships often end up as liquidations - but not always. There are other fairly recent intermediate solutions too.

www.ipa.org?
www.acca.co.uk? / www.acca.org?

Nikki



    Robert & Collins
    Oxford Dictionary of Law, OUP
Nikki Scott-Despaigne
Local time: 22:11
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4638
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18 hrs
"it seems that you hold a claim against the company"


Explanation:
"créance" in this legal context is "claim".

For instance:
"IF YOU
BELIEVE THAT YOU HOLD A CLAIM AGAINST ANY ONE OR
ALL OF THE DA ENTITIES IT IS IMPERATIVE THAT YOU FILE
YOUR CLAIM ON OR BEFORE THE ABOVE DATE. "
http://www.sec.gov/enforce/alerts/notewin.txt

By the way it should be "à l'encontre" and not "à la encontre".

Louise Atfield
PRO pts in pair: 300
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