Glossary entry

French term or phrase:

acte constitutif (in the context of Unions)

English translation:

Articles/memorandum of Association

Added to glossary by Clare Hogg
Apr 11, 2010 18:26
14 yrs ago
24 viewers *
French term

acte constitutif

French to English Law/Patents Law (general) Unions (creation)
I am translating a text about the creation of a postal community (NB: NOT a company) that will bring together postal services from different countries in Europe and the Mediterranean. The legal section of this document is causing me a few problems (pls see my other Kudoz postings too).

The text discusses the possiblity of creating a "restricted union". My question is: what's the most appropriate translation for the term "actes constitutifs" IN THE CONTEXT OF UNIONS (there are, I know, other Kudoz questions for the same term, but these are in the context of commercial companies. I have, for example, googled "memorandum of association" along with "Union" and I don't get any convincing matches so I suspect a different term might be more appropriate in this context?) Thanks for any help from legal specialists, preferably those who translate stuff related to Unions.

"Le règlement général (art. XXX) prévoit que deux exemplaires des **actes constitutifs** et des arrangements soient transmis au YYYY, qui vérifie que ces accords ne sont pas moins favorables pour le public que les actes de l’Union."

and then later on:

"Le contrat de communauté peut servir **d’acte constitutif** de l’Union restreinte, ou peut seulement en prévoir le principe et renvoyer à un **acte constitutif** distinct."

Proposed translations

+6
25 mins
Selected

Articles of Association

I think it's to do with 2 copies of the Articles of Association (see if it fits with context)

--------------------------------------------------
Note added at 13 hrs (2010-04-12 08:19:03 GMT)
--------------------------------------------------

although it's an association it falls within the scope of a "personne morale" in French law therefore the "actes constitutifs" are likely to refer to the "constitution" of the association, hence it's likely to be Articles of Assocation or as rightly put elsewhere Statutes or Memorandum of Association. I don't see what it could be otherwise. An association according to French law needs a "constitution"

--------------------------------------------------
Note added at 15 hrs (2010-04-12 10:00:58 GMT)
--------------------------------------------------

fair enough I accept your point that it's under European Law but it's still the same principles of law. It may be vague out of context, I don't have the whole document to see if it fits with the remainder. I can't see what else it could be otherwise. What would you suggest then?
Peer comment(s):

agree Yolanda Broad : Seems the most likely, although the normal term in French is statuts constitutifs
7 hrs
Thanks Yolanda
agree philgoddard : Or memorandum of association, or statutes, or constitution - there's various things you can call it.
9 hrs
Thanks Phil
agree mimi 254 : ok with philgoddard
13 hrs
Thanks Mimi
agree Julie Barber : Looking online the text appears to refer to French law regarding associations, so this seems quite valid
14 hrs
Thanks Julie
neutral writeaway : if it's a European community of postal whatever, then how can it be governed by French law or by the laws of any individual country. I think your suggestion of constitution is probably better. I hid my answer because this is all too vague to my liking.
15 hrs
Thanks
agree Liliane Hatem
18 hrs
Thanks Liliane
agree Hazel Le Goff : I have seen acte constitutif translated as Memorandum and Articles of Association in the English version of the Code de Commerce
19 hrs
neutral rkillings : UK Companies Act 2006 describes the memorandum and articles as "constitutional documents" (and not the only ones, either).
597 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks to you and everyone who agreed and gave further comments. I actually ended up using "memorandum of association" but either term seems valid."
1 hr

constitutive deed

Peer comment(s):

neutral B D Finch : This is a legal term, as far as I am aware, only in Scotland. Your reference is an example of truly dreadful translation and the writing can hardly be called English.
18 hrs
Something went wrong...
1 day 12 hrs

constitutional document

Another generic term, avoids country-specific 'cultural equivalents'. Use for any kind of association.

--------------------------------------------------
Note added at 597 days (2011-11-30 08:52:26 GMT) Post-grading
--------------------------------------------------

And this is the exact term and heading used in the UK Companies Act 2006 to describe the memorandum and articles, amendments thereto and so on -- all of the documents that constitute a company's "constitution".
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search