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  3. Law: Contract(s)

que es titular y propietario único y exclusivo de un fondo de inversión

English translation: who is the sole and exclusive investor and owner of an investment fund

12:34 Dec 1, 2016
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Poder Notarial
Spanish term or phrase: que es titular y propietario único y exclusivo de un fondo de inversión
Estoy traduciendo un poder notarial para un cliente canadiense, en el que expone que
"es titular y propietario único y exclusivo de un Fondo de Inversión...".

A mi entender la frase podría realizarse de la siguiente manera:
"sole and exclusive holder and owner of a Investment Fund..." pero no estoy del todo segura, por lo que agradezco la ayuda.
Carmen Zurita
Spain
Local time: 10:28
English translation:who is the sole and exclusive investor and owner of an investment fund
Explanation:
With the reservation that some legal minds say the use of "sole and exclusive" is contradictory, as Ken Adams points to here (although he doesn't agree with the appreciation, asserting that it's redundant but not contradictory):
http://www.adamsdrafting.com/sole-and-exclusive/

I would say that the meaning in this case of "titular" is that of the "investor" in this investment vehicle, i.e., who holds shares in it, while "proprietario" means the "owner", i.e. the person who actually runs the fund or has acquired it.

We are writing in response to your request for an advisory opinion regarding whether your ownership interest in a proposed ambulatory surgical center (“ASC”), in which you would be the sole owner and investor (the “Proposed Arrangement”)...
https://oig.hhs.gov/fraud/docs/advisoryopinions/2002/ao0209....

Your IRA (not you) is the sole owner and investor in the IRA-LLC. You as an individual may not place funds directly into the IRA-LLC.
http://www.iraclub.org/sites/all/themes/iraclub/ira-info-pdf...





Selected response from:

Robert Carter
Mexico
Local time: 02:28
Grading comment
Thanks for your answer
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1who is the sole and exclusive investor and owner of an investment fund
Robert Carter
4who is the single and exclusive holder of an investment fund
Andrew Bramhall
4that is the sole direct and beneficial owner of an investment fund
Sandy Carpenter


Discussion entries: 2





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
who is the single and exclusive holder of an investment fund


Explanation:
...under his/her sole proprietorship.

Andrew Bramhall
United Kingdom
Local time: 09:28
Native speaker of: Native in EnglishEnglish
PRO pts in category: 68

Peer comments on this answer (and responses from the answerer)
neutral  Sandro Tomasi: If "titular y propietario" can be two different people, would we need something more than "holder" in English? // Oh, yes, Carmen mentioned that, "cliente canadiense, ... que es titular y propietario." But you only put "holder."
1 hr
  -> except that here, it's one and the same person....
neutral  Andy Watkinson: If asked, would you say "I'm the "single" owner of xxx" or "I'm the sole owner"? i.e. 100%
9 hrs
neutral  Robert Carter: Holder of what exactly? Holder is too vague in my opinion, what does that entail?
13 hrs
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
who is the sole and exclusive investor and owner of an investment fund


Explanation:
With the reservation that some legal minds say the use of "sole and exclusive" is contradictory, as Ken Adams points to here (although he doesn't agree with the appreciation, asserting that it's redundant but not contradictory):
http://www.adamsdrafting.com/sole-and-exclusive/

I would say that the meaning in this case of "titular" is that of the "investor" in this investment vehicle, i.e., who holds shares in it, while "proprietario" means the "owner", i.e. the person who actually runs the fund or has acquired it.

We are writing in response to your request for an advisory opinion regarding whether your ownership interest in a proposed ambulatory surgical center (“ASC”), in which you would be the sole owner and investor (the “Proposed Arrangement”)...
https://oig.hhs.gov/fraud/docs/advisoryopinions/2002/ao0209....

Your IRA (not you) is the sole owner and investor in the IRA-LLC. You as an individual may not place funds directly into the IRA-LLC.
http://www.iraclub.org/sites/all/themes/iraclub/ira-info-pdf...







Robert Carter
Mexico
Local time: 02:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 558
Grading comment
Thanks for your answer

Peer comments on this answer (and responses from the answerer)
neutral  Andrew Bramhall: Where does the source say that the holder is also the sole investor?SOLE investor, i,e, them and NOBODY ELSE???// titular;
26 mins
  -> If someone "holds" an investment, are they not an "investor"?//Just clarify me one thing: what does your term "holder" refer to?/I meant in English.
agree  Andy Watkinson
7 hrs
  -> Thanks, Andy.
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
that is the sole direct and beneficial owner of an investment fund


Explanation:
The titular is the person whose name appears on the share certificates (direct owner) while the propietario could be someone who derives the economic benefit of ownership but whose name does not appear on the certificates. In this case the text underlines that they are one and the same person but it also alludes to the possibility that in other cases they may not be.


    Reference: http://www.wikinvest.com/stock/Mannatech_(MTEX)/What_Differe...
Sandy Carpenter
Spain
Local time: 10:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  Andrew Bramhall: 'that' is the wrong conjunction;
3 mins
  -> How so? Both 'that' and 'who' are conjunctions that can be used to refer to people.
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