Glossary entry

English term or phrase:

at Arm\'s-Length

English answer:

with no question of a conflict of interest

Added to glossary by Ivan Niu
Dec 27, 2011 09:41
12 yrs ago
35 viewers *
English term

at Arm's-Length

English Law/Patents Finance (general) Limited Partnership Agree
Please rephrase the first sentence, specially "at Arm's-Length":
The Limited Partnership Agreement has not been Negotiated at Arm's-Length. The Company has
generally established the terms of the Limited Partnership Agreement, which were not negotiated on an
arm's length basis. In addition, legal counsel for the Company has not acted as counsel for or represented
the interests of the prospective investors. Prospective investors should consult with their own legal
counsel with respect to the investment to the Company.

Page 24 Para 2: http://wenku.baidu.com/view/f9b144d7b14e852458fb5763.html?fr...

Thank you very much!
I'm translating this agreement to Chinese, but I need some advice from a native English speaker to help me understand what it means before I translate it. That's why I'm not posting this question as an English to Chinese one (I've tried this way, but mostly it's not very helpful).

Discussion

Kathy Leiva Dec 27, 2011:
Transparency and Full Disclosure The concept of transparency and full disclosure in negotiations and business transactions in general may help understand the meaning of "arm's length". Good luck!

http://www.scu.edu/ethics/practicing/focusareas/government_e...

Responses

+5
29 mins
Selected

with no question of a conflict of interest

The Limited Partnership Agreement has not been Negotiated in such a way that it can be seen to be open and fair , etc.- that the parties are not related, are not using any unfair advantage


arm's length transaction

Definition
A transaction between two related or affiliated parties that is conducted as if they were unrelated, so that there is no question of a conflict of interest. Or sometimes, a transaction between two otherwise unrelated or affiliated parties.
Peer comment(s):

agree Jack Doughty
1 min
thanks Jack
agree B D Finch
58 mins
thanks Barbara
agree Liz Dexter (was Broomfield)
1 hr
thanks Liz
agree marybro
15 hrs
thanks marybro
agree KHALDUN ALQAYSI
4226 days
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4 KudoZ points awarded for this answer. Comment: "Thank you!"
+1
33 mins

independent [negotiations] (please see below)


at arm's length -> independent

The arm's length principle (ALP) is the condition or the fact that the parties to a transaction are independent and on an equal footing. Such a transaction is known as an "arm's-length transaction". It is used specifically in contract law to arrange an equitable agreement that will stand up to legal scrutiny, even though the parties may have shared interests (e.g., employer-employee) or are too closely related to be seen as completely independent (e.g., the parties have familial ties).
http://en.wikipedia.org/wiki/Arm's_length_principle

Arm's Length Relationship
An arm's length relationship is a term used to describe a type of business relationship a corporation should have with a close associate to avoid a conflict of interest. For example, when you negotiate with your banker or your supplier, any agreement which results will likely reflect market value and commercially reasonable terms and conditions.
http://apostille.us/abc/arms_length_relationship.shtml

arm's length adj. the description of an agreement made by two parties freely and independently of each other, and without some special relationship, such as being a relative, having another deal on the side or one party having complete control of the other. It becomes important to determine if an agreement was freely entered into to show that the price, requirements, and other conditions were fair and real. Example: if a man sells property to his son the value set may not be the true value since it may not have been an "arm's length" transaction.
http://legal-dictionary.thefreedictionary.com/arm's length


Peer comment(s):

agree Tina Vonhof (X) : Very good explanations.
6 hrs
Thank you, Tina!
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37 mins

A transaction when the parties are not related or behave as if they were not related

The parties are admitting that they may be acting in their own interests and on special terms - as they are perfectly entitled to do.

However, most people wishing to do business with them must trade on normal market terms, and these still have to be assessed or negotiated.

Specially favourable terms can be agreed between family and friends, depending on what the business is, and the law of the country.

For instance, in Denmark, the owner of a house may sell it to certain close family members for a sum 15% below the market price, but any greater reduction will attract tax one way or another.

Other rules apply to other kinds of business.

Others can probably explain better!
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