se elevó a público ante notario

English translation: it was made public before notary

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:se elevó a público ante notario
English translation:it was made public before notary
Entered by: Armando Diaz

13:50 Jul 10, 2006
Spanish to English translations [PRO]
Bus/Financial - Accounting / Mergers
Spanish term or phrase: se elevó a público ante notario
In an annual report: "Con fecha 22 de Septiembre de 2.005 se elevó a público ante Notario la operación de fusión por la cual la Sociedad absorbió las mercantiles XXX, S.L.(Sociedad Unipersonal) y YYY, S.L.(Sociedad Unipersonal)."
Catherine Dexter
Spain
Local time: 04:35
it was made public before notary
Explanation:
Buena suerte!
Selected response from:

Armando Diaz
Local time: 20:35
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +3was recorded in a notarial instrument
Rebecca Jowers
5 +1was recorded in a public deed before a Notary
Marian Greenfield
5was made public in the presence of a notary
Edward Tully
5was recorded before a Notary
Henry Hinds
4it was made public before notary
Armando Diaz


Discussion entries: 1





  

Answers


10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
it was made public before notary


Explanation:
Buena suerte!

Armando Diaz
Local time: 20:35
Works in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 19
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10 mins   confidence: Answerer confidence 5/5
was made public in the presence of a notary


Explanation:
please see kudoz 1008574

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Note added at 13 mins (2006-07-10 14:04:02 GMT)
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http://www.proz.com/kudoz/1008574

Edward Tully
Local time: 04:35
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 295
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13 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
was recorded in a public deed before a Notary


Explanation:
or, if you prefer, in a public instrument

you don't make something public (announce it) before a Notary... you record it in a public deed.

Marian Greenfield
Local time: 22:35
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 429

Peer comments on this answer (and responses from the answerer)
agree  Robert Copeland
36 mins
  -> thanks

neutral  Henry Hinds: In checking it out, I have be unable to find the term "public deed" used by native English sources, or "deed" other than with regard to real property transfers. I see it often from non-natives.
47 mins
  -> well asker chose the wrong answer, Rebecca's would have been right, but native English sources do indeed use public deed... I use to use "public instrument", but my clients (almost native Eng. speakers) prefer "deed" to "instrument", but notarial is key..
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55 mins   confidence: Answerer confidence 5/5
was recorded before a Notary


Explanation:
Ya

Henry Hinds
United States
Local time: 20:35
Works in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 205
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50 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
was recorded in a notarial instrument


Explanation:
"Elevar a público" means "to record in a notarial instrument," which in Spain is called an "escritura pública". I do not think it would be appropriate here to translate "elevar a público" as "to record in a public deed." In English a "deed" is not a notarial instrument, but rather a "an instrument by which land is conveyed" or that "conveys some interest in property" (Black's Law Dictionary). (In this case, the transaction being reflected in the notarial instrument is not a conveyance of land, but rather a merger, i.e., "fusión.") Thus, as indicated by Tom West in his "Spanish-English Dictionary of Law and Business", "escritura pública" must be translated as "notarial instrument" or "notarially-recorded instrument." The foregoing was underscored at an ATA Legal Translation Conference presentation on commonly mistranslated notarial terminology: "Escritura pública: Notarially recorded instrument or document. Described as the "mother" of all documents. Kept in the notarial record book and never taken out. Not the same as a deed, which is an instrument that conveys land."
(reproduced in the July-August 2003 issue of "The Gothic Translator", Publication of the New York Circle of Translators, pp. 6-7.)
http://www.nyctranslators.org/GothamTranslator/pdf/July-Augu...

In other respects, I do not think that "to record in a public instrument" would be an appropriate translation of "elevar a público", since in English "public instrument" does not mean "notarial document (or) instrument," and thus does not convey what "elevar a público" actually involves in Spain. Likewise, "elevar a público" is much more than merely making a transaction public before a notary, since it means having a civil law notary record a given transaction in a notarial instrument that will henceforth become a part of his notarial records ("protocolo") and will serve as official evidence of that transaction vis-à-vis third parties and may be submitted as evidence of such in court.




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Note added at 3 hrs (2006-07-10 17:32:32 GMT) Post-grading
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typo above: please read "The Gotham Translator"

Rebecca Jowers
Spain
Local time: 04:35
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 108
Notes to answerer
Asker: Wow, what a well researched reply. Thank you so much for your help.


Peer comments on this answer (and responses from the answerer)
agree  Marian Greenfield: Based on my client's comments and my own experience, don't quite agree with your reasoning, but notarial instrument or notarial deed is indeed the way to go... too bad the asker doesn't get it...
1 hr
  -> Thanks, Marian. Based on the definition of "deed", the ATA Legal Translation Conference article, West's explanation and a Spanish notary who knows the US legal system, I am convinced that escritura=deed is truly an (often repeated) mistranslation.

agree  MikeGarcia: These toddler translators, they hurry and make mistakes.- Congrats as usual from a future grandpa of...twins!!!
1 hr
  -> Gracias y DOS enhorabuenas, "Yayo Miguel"!!!

agree  Ross Andrew Parker
3521 days
  -> Thanks, Ross!
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