nach seiner Wahl

English translation: after he has been appointed

16:18 Apr 11, 2005
German to English translations [PRO]
Law/Patents - Law (general) / GmbH
German term or phrase: nach seiner Wahl
Aus einem Überblick der Aufgaben eines Geschäftführers:

"Soweit die Gesellschaft prüfungspflichtig ist, haben sie dem Abschlussprüfer unverzüglich nach seiner Wahl den Prüfungsauftrag zu erteilen."

MY ATTEMPT SO FAR: "If the company is subject to auditing, the managing directors are to promptly occasion the final auditor according to the auditor’s wishes."

For some reason I have the feeling that I'm just not getting it... What do you think?
Derek Gill Franßen
Germany
Local time: 13:29
English translation:after he has been appointed
Explanation:
once the auditor has been appointed (or selected), then ... would be my interpretation but I may be completely sidelaid.
Selected response from:

EdithK
Switzerland
Local time: 13:29
Grading comment
I don't know where I was headed with that one, but I'm glad you caught me before I got there. Thank you so much Edith. And a big thanks goes out to the others offering their comments and emotional support. :-)
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4after he has been appointed
EdithK
3 +1after his appointment
Ian M-H (X)
4after the selection of the same
Jonathan Morris
4s.u.
Frosty
4they should issue a remit to the final auditor immediately after this latter has been selected
CMJ_Trans (X)
3If the law requires that the company's financial statements
Anne Gillard-Groddeck


Discussion entries: 13





  

Answers


9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
after he has been appointed


Explanation:
once the auditor has been appointed (or selected), then ... would be my interpretation but I may be completely sidelaid.


EdithK
Switzerland
Local time: 13:29
Works in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 381
Grading comment
I don't know where I was headed with that one, but I'm glad you caught me before I got there. Thank you so much Edith. And a big thanks goes out to the others offering their comments and emotional support. :-)

Peer comments on this answer (and responses from the answerer)
agree  Nick Somers (X): You got there first, Edith. Duh, am I thick or what?
8 mins

agree  Ian M-H (X): Yup, it's yours!
10 mins

agree  Shane London: Yes. I think this is the right meaning. At first glance I was seeing it the same way Derek did.
13 mins

agree  Linnea16
31 mins
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12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
they should issue a remit to the final auditor immediately after this latter has been selected


Explanation:
This is NOT good English but shows you how the sentence works. Over to you now!

CMJ_Trans (X)
Local time: 13:29
Native speaker of: Native in EnglishEnglish
PRO pts in category: 14

Peer comments on this answer (and responses from the answerer)
neutral  Nick Somers (X): Yes, but not "final auditor" - see my note above
4 mins
  -> true - I sometimes get too hooked on one point and forget the rest - la preuve!
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16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
s.u.


Explanation:
Should the company be liable to auditing you are required to assign the chosen auditor with the task as soon as possible after his selection.

Minor point - managing directors. Usually there is only one MD in a firm - no plural in this position within the firm. But "the directors are to .." would be OK.

Frosty
Local time: 13:29
Native speaker of: English
PRO pts in category: 12
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
If the law requires that the company's financial statements


Explanation:
(and management report) are audited, the MDs shall appoint the auditor to perform such an audit immediately after it (or the auditor) has been selected.

This is how I would interprete "prüfungspflichtig".

Section 316 (1) HGB requires that the financial statements and management report of companies that are not "small companies" are audited.

Or you could say:

If the company is one whose financial statements (and management report) must be audited by law, etc.

I would say "immediate" rather than prompt as I find "prompt" too elastic.

The point made about final above is correct as the Abschluß refers to the financial statements.

The meeting of shareholders will select rather than appoint the auditor as the actual "Auftrag" comes from the MDs.

This may be nit-picking, a bit, I admit as they act on behalf of the meeting.

I would call the auditor an "it" as it will almost invariably be a company.




Anne Gillard-Groddeck
Local time: 13:29
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 17
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
after the selection of the same


Explanation:
In my experience, each company can specify how it chooses its auditors in its Articles, often the Board presents a shortlist and the AGM votes on it - I just prefer selection to appointment (which would be Ernennung).

Presumably the meaning behind this is that if a company is obliged to do an audit it will have a deadline for choosing an auditor who once chosen cannot be kept in suspended animation while the company plays around with its accounts, but has to get down to work.

Jonathan Morris
Local time: 09:29
Specializes in field
Native speaker of: English
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15 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
after his appointment


Explanation:
I'm assuming that the board (or a general meeting) has to formally elect/approve/appoint an auditor, who is then instructed by the GF.

If the co. is subject [...] then the managing director(s) shall instruct the person appointed as final auditor immediately after his appointment/election.

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Note added at 17 mins (2005-04-11 16:35:52 GMT)
--------------------------------------------------

Asker\'s note re \"PC\" just seen: after their election (horrid English) or rephrase: Immediately following the appointment/election of a final auditor, the MD(s) shall instruct the person selected/elected/appointed.

Also just seen Edith\'s answer - she appears to have got it first.


--------------------------------------------------
Note added at 18 mins (2005-04-11 16:36:50 GMT)
--------------------------------------------------

...and (of course...) Nick\'s right and I shouldn\'t have copied Derek\'s \"final auditor\" without switching my brain on. Cheers Nick! ;-)



--------------------------------------------------
Note added at 33 mins (2005-04-11 16:51:21 GMT)
--------------------------------------------------

Borrowing from almost everyone sho\'s answered:

Should the company be subject to an auditing requirement then the director(s) shall, without delay following the resolution making an appointment of a person to audit the final accounts, issue instructions to that person.

Now let someone else edit it down to nicer English ;-)

--------------------------------------------------
Note added at 20 hrs 35 mins (2005-04-12 12:53:26 GMT)
--------------------------------------------------

Anne\'s answer made me think again about the he/she question. I don\'t agree with her solution (\"it\"), but wasn\'t happy with anything else anyone had come up with either.

Then it occurred to me that agenda item at relevant meetings I\'ve had anything to do with has almost always been \"appointment of auditors\". In other words plural, even if if it was a small organisation and the person appointed was very definitely a one-person operation.

\"...shall instruct auditors without delay following their selection.\"

And it\'s getting shorter ;-)


Ian M-H (X)
United States
Local time: 07:29
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  Kathi Stock
1 min
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