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Glossary entry

German term or phrase:

Anmeldung aufschiebend bedingt zum 20.03.2008

English translation:

the application was subject to fulfilment of a condition precedent deadlined 20 March, 2008

Added to glossary by Sebastian Witte
Sep 14, 2013 14:06
10 yrs ago
German term

Anmeldung aufschiebend bedingt zum 20.03.2008

German to English Law/Patents Law (general) Company law: German commercial register excerpt
Die Eintragung lfd. Nr. 18 war zu löschen, da ***Anmeldung*** der Firmenänderung ***aufschiebend bedingt zum 20.03.2008***

The entry with serial number 18 had to be deleted, as the application to enter a change in the company name in the commercial register ... subject to a condition precedent .... 20/03/2008 ... (???)

I really don't get it ... The German sentence seems nonsensical to me. What's missing here or am I missing something?

UK English, please
Proposed translations (English)
3 +1 application was subject to fulfillment of a suspensive (suspensory) condition by March 20, 2008
3 +1 the application being subject to a condition precedent deadlined 20.03.2008
Change log

Sep 15, 2013 18:45: Sebastian Witte changed "Edited KOG entry" from "<a href="/profile/60654">Sebastian Witte's</a> old entry - "Anmeldung aufschiebend bedingt zum 20.03.2008"" to ""the application is subject to fulfillment of a condition precedent deadlined 20 March, 2008""

Sep 15, 2013 18:49: Sebastian Witte changed "Edited KOG entry" from "<a href="/profile/60654">Sebastian Witte's</a> old entry - "Anmeldung aufschiebend bedingt zum 20.03.2008"" to ""the application was subject to fulfillment of a condition precedent deadlined 20 March, 2008""

Discussion

Shivaun Conroy Sep 15, 2013:
Both of the above look correct to me.
Shivaun Conroy Sep 14, 2013:
Perhaps the entry with serial number 18 uses the new company name which has not yet been validated (this being effected as of 20/03/2008 subject to a condition precedent). I think if that were the case you do not need to know what the precedent is.
Sebastian Witte (asker) Sep 14, 2013:
Condition precedent So does it in line with the definition of "condition precedent" given in Black's Law Dictionary (in our Creifelds I couldn't find the term)* mean "The registration of the change in the company name applied for will only be effected as at 20/03/2008 if such and such happens"?, i.e. the change in the company name will only be entered in the register as at 20/03/2008 subject to a condition precedent? Where to find the condition precedent then? Or do I not need to know in order to translate the entry at issue?



* That definition is in line with what Dietl has on the matter: Wird ein Rechtsgeschäft unter einer aufschiebenden Bedingung vorgenommen (z. B. Eigentumsvorbehalt), tritt die gewollte Rechtswirkung erst mit Eintritt der Bedingung ein.
A transaction which is entered into subject to a condition precedent becomes effective only if and when the condition occurs (e. g. reservation of title until payment in full of purchase price).

Proposed translations

+1
9 hrs
Selected

application was subject to fulfillment of a suspensive (suspensory) condition by March 20, 2008

or "contingent on fulfillment of a suspensive condition..."

I still think your text is missing a full verb consisting of more than "ist". It should state the condition or, perhaps, a missed deadline.

Examples below:
1.
"Notwithstanding the other provisions in this Clause 3 the assignment of all Receivables shall be effective only if and upon the condition (aufschiebende Bedingung) that the aggregate amount of Receivables owed to the Assignor exceeds GBP 20 million or its equivalent in any other currency." http://www.sec.gov/Archives/edgar/data/1122135/0001156973030...
2.
"a suspensory condition (aufschiebende Bedingung) = in this case, the clearance decision will only come into effect following the condition being implemented;" http://www.mondaq.com/x/112070/EU Law Regulatory/Remedies at...
3.
"Moreover, the testator can direct that a legacy take effect subject to a suspensive condition (aufschiebende Bedingung) or at a particular time: § 2177 BGB." http://books.google.com/books?id=qnSsXdFyrCgC&pg=PA139&lpg=P...

Peer comment(s):
agree Shivaun Conroy
1 hr
Thanks much, Shivaun!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I wonder whether suspensive condition would work for the UK, as Dietl says it won't. Thanks anyway, everybody, in particular Tom."
+1
8 hrs
German term (edited): Anmeldung ist aufschiebend bedingt zum 20.03.2008

the application being subject to a condition precedent deadlined 20.03.2008

1. the verb 'ist' is 'missing' in the subordinate clause but can reflected with a present participle/gerundive.

2. The condition precedent is arguably not postponed 'bis zum' but, like zum... kündigen > notice to quit expiring = the termination takes effect on that date. So the application to *register* the change of name will fail unless the cond. prec. is fulfilled on that date.

3. the registered entry had to be expunged meantime

4. as in the discussion entry, we don't know what the cond. prec. is, but speculatively it could something like production of a company board resolution ratifying the change of name..

5. a German commercial register excerpt would, in the UK, be called a company search if def. a co. and not a partnership. Otherwise a trade *registry* search.
Reference:

http://www.proz.com/kudoz/german_to_english/law%3A_contracts/4315688-aufschiebend_bedingt.html

Peer comment(s):
agree Shivaun Conroy
2 hrs
Thanks. BTW, suspensive condition is Scots law.
Something went wrong...