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Niessbrauchvorbehalt

English translation: beneficial interest

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Niessbrauch
English translation:beneficial interest
Entered by: transatgees
Options:
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13:57 May 23, 2001
German to English translations [PRO]
Law/Patents
German term or phrase: Niessbrauchvorbehalt
X% der Anteile an YYY wurden unter Niessbrauchvorbehalt an ZZZ uebertragen.
trans@gees
resevation due to beneficial interest
Explanation:
x% of the shares in YYY were transferred to ZZZ with resevation due to beneficial interest.

Nießbrauch=beneficial interest according to Professional Dictionary Accounting, Tax, Banking
Selected response from:

Andy Lemminger
Canada
Local time: 08:02
Grading comment
Thank you. This is just the simple, but precise, phrase I was looking for.
4 KudoZ points were awarded for this answer

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Summary of answers provided
naunder reservation of usufruct
Vesna Zivcic
nareservation of usufructAdalbert Kowal
nasubject to usufruct rightsberelin
nareservation of usufrucht rightsberelin
nasubject to usufructuary right (or usufructuary interest)Ulrike Lieder
naresevation due to beneficial interest
Andy Lemminger


  

Answers


14 mins
resevation due to beneficial interest


Explanation:
x% of the shares in YYY were transferred to ZZZ with resevation due to beneficial interest.

Nießbrauch=beneficial interest according to Professional Dictionary Accounting, Tax, Banking



    Professional Dictionary Accounting, Tax, Banking
Andy Lemminger
Canada
Local time: 08:02
Native speaker of: German
PRO pts in pair: 1127
Grading comment
Thank you. This is just the simple, but precise, phrase I was looking for.

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

profile removed: Please mind your spelling
2 days 17 mins
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56 mins
subject to usufructuary right (or usufructuary interest)


Explanation:
or X% of the shares ... were transferred while reserving [the original owner's] usufructuary rights

Nießbrauch - usufruct, usufructuary enjoyment, beneficial interest
[Romain]

Nießbrauch m
(Re) lifelong right of use
– usufruct
– usufructuary right
(ie, right to use another's property and to appropriate the proceeds thereof, §§ 1030–1089 BGB)
[Schäfer]






    Romain, Legal & Commercial Terms
Ulrike Lieder
Local time: 07:02
Native speaker of: German
PRO pts in pair: 3525

Peer comments on this answer (and responses from the answerer)
profile removed: technically wrong
1 day 23 hrs
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1 hr
reservation of usufrucht rights


Explanation:

a) uses of nießbrauch
‘To secure the right of the head lessee to use or take repossession of the leased assets from thesublessee and perhaps to manage the assets itself certain use rights may be agreed. UnderAustrian law these may be an ususfructus (or Nießbrauch) which allows the beneficiary of suchan agreement to make use of the assets in any way possible into collect any income dived fromthe use on the assets’ http://www.google.com/search?q=cache:YaMc4Rtb6aI:www.opf.at/...

specifically on shares:
‘voting rights in respect of which a usufruct (Nießbrauch) has been created in favour of the offeror’; from “discussion draft on German takeover code”

b) from an accountancy glossary:
“Nießbrauch: usufructuary, use of rights (land)” from http://www.der-bilanzbuchhalter.de/fremdsprachen/fremdsprach...

c) translation: reservation of usufruct rights
as in
“The financial offer for the acquisition of a 35% stake in Romtelecom along with usufruct rights over an additional 16% of the share capital of the company amounted to US$ 675 million” http://www.ote.gr/oteweb/english/investors/invrel/invrelhist...


These points can in general only be attributed in case there is no ownership of shares.
The quality of the way the usufruct rights of the investors are secured are rated between 0 and 3. These points are added over and above the points attributed in instruction N1. http://home-1.worldonline.nl/~molen/ratingsystem.html








    Creifelds - German monlingual legal dictionary
    URL
berelin
Local time: 16:02
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 115

Peer comments on this answer (and responses from the answerer)
profile removed: terrible spelling
1 day 23 hrs
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1 hr
subject to usufruct rights


Explanation:
I've just read Uel's answer and agree that 'subject to' is better than 'under reservation of'. I think 'usufruct rights' is better than 'usufructary rights' though (got far more google hits on the former +shares/stock)

berelin
Local time: 16:02
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 115

Peer comments on this answer (and responses from the answerer)
profile removed: technically wrong
1 day 23 hrs
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1 hr
under reservation of usufruct


Explanation:
1. The Practicing Notary, Baton Rouge Notary Public Baton Rouge ...
... the usufruct or by operation of law. Legal usufructuaries, and sellers or donors of property under reservation of usufruct, are not required to give security. ...


2. French Civil Code: Book II: Of Property, Title III
... and mother having the legal usufruct of the property of their children, the seller or donor with a reservation of usufruct are not bound to give security. ...




    Reference: http://www.la-notary.com/civil/civil2_2.html
    Reference: http://www.napoleon-series.org/research/government/code/book...
Vesna Zivcic
Local time: 16:02
Native speaker of: Croatian
PRO pts in pair: 571

Peer comments on this answer (and responses from the answerer)
Dierk Seeburg: looks like close to a duplicate of previous answers?
12 hrs

profile removed: wrong reg. use of language/style
1 day 23 hrs
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18 hrs
reservation of usufruct


Explanation:
X% of the shares on YYY were transferred under reservation of usufruct to ZZZ


    Reference: http://dict.leo.org/?...
Adalbert Kowal
Local time: 16:02
Native speaker of: Native in GermanGerman
PRO pts in pair: 50
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