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Patent-Lizenzboxen
jenseits
Dec 8, 2016 15:19
7 yrs ago
10 viewers *
German term

Berechtigt

German to English Law/Patents Law: Contract(s)
Hi guys,

Have been asked to translate a legal text. It's generally not too bad but I'm a little out of my comfort zone. See below:

"Die Gesellschaft ist weiterhin zur Übernahme der persönlichen Haftung sowie zum Erwerb, dem Halten und der Veräußerung von Beteiligungen im In- und Ausland berechtigt."

My literal translation "The company shall also be entitled to assume personal liability .... " doesn't add up. Any suggestions from legal experts:)?

I currently have the "safer" option of "Furthermore, the company can assume personal liability and also acquire, retain and dispose of investments domestically and abroad."

Thanks,

Gavin
Proposed translations (English)
3 +3 the company may
5 is entitled to
3 is within its rights to...

Discussion

David Hollywood Dec 13, 2016:
the German site tends to be combative and tooing and froing a lot so just go with what you feel is right
David Hollywood Dec 13, 2016:
cut the bs ... means "is entitled to"
Martin Ris Dec 8, 2016:
If this is in the context of a grant of corporate powers, then what might be going on is an authorization of the company to assume somebody else's personal liability, such as those of corporate officers (as well as do the other things). This would usually require explicit authorization, unless it's one of the stated business purposes of the company, because the company assumes liabilities.

Otherwise, at least in the US, giving an entity the power to assume personal liability, i.e., liability tied to a human, does not make much sense.
Gavin O'Leary (asker) Dec 8, 2016:
Thanks Kirsten - "have the right to"/"entitled"/"authorised" are all fine. I'm just wondering - is it possible to have a right or authorisation to assume liability? The DE sentence doesn't add up in that sense.
Steffen Walter Dec 8, 2016:
Simpler solution ist berechtigt = may
(see answer below)
Kirsten Bodart Dec 8, 2016:
have the right to? THat's another possibility.

Proposed translations

+3
11 mins
German term (edited): die Gesellschaft ist berechtigt
Selected

the company may

I tend to agree with your 'safer' option (with the exception of 'may' instead of 'can') but would word the sentence as follows:

Furthermore, the company may assume personal liability as well as acquire, hold and dispose of (business) interests/investments (both) domestically and abroad.
Peer comment(s):
agree philgoddard
4 mins
agree AllegroTrans
3 hrs
agree Johanna Timm, PhD
4 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks guys"
12 hrs

is entitled to

the way we would say it in English

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Note added at 12 hrs (2016-12-09 04:08:15 GMT)
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perfect legalese

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Note added at 12 hrs (2016-12-09 04:09:49 GMT)
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or: is empowered to etc.

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Note added at 12 hrs (2016-12-09 04:11:13 GMT)
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up to you

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Note added at 12 hrs (2016-12-09 04:15:35 GMT)
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I see nothing wrong with "is entitled to"

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Note added at 13 hrs (2016-12-09 04:20:51 GMT)
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but "may" etc is ok too
Something went wrong...
2 days 15 hrs

is within its rights to...

The company...etc

is more formal, but the simple "may" or "is free to" is also OK.
At least in the US, not sure about the UK.
Something went wrong...
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