Glossary entry (derived from question below)
Spanish term or phrase:
instrumentalmente transmitida
English translation:
transferred, using the instrument for the same
Spanish term
instrumentalmente transmitida
"La posesión de las participaciones se entenderá instrumentalmente transmitida por la formalización del ejercicio de la opción."
I'm not 100% sure about this (hence why I'm asking you wonderful guys and gals!).... but I think that, since an instrument is "a written legal document such as a contract, lease, deed, will or bond", then "instrumentalmente transmitida" should mean "transferred via legal written document"? [that's what I'm going with in the absence of any brighter ideas!]
Many thanks.
Apr 9, 2021 19:00: Barbara Cochran, MFA Created KOG entry
Proposed translations
transferred, using the instrument for the same
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Patricia Fierro, M. Sc.
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Mil gracias, Patricia.
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Orkoyen (X)
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Thanks, Orkoyen.
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instrumentally transferred
https://books.google.com.uy/books?id=zh0rAAAAYAAJ&pg=PA251&l...
instrument of transferral
"The formal written exercise of the option shall be deemed to be the instrument transferring possession of the shares".
Possession ..... to have constructively passed
I'm unsure instrumentalmente has the meaning of a 'proper instrument of transfer' > query, the form - oral or written - taken by 'formalización del ejercicio de la opción'.
Instrumental also has the meaning of a 'nominee' - see the second weblink: un agente instrumental being an agent acting *vicariously* as a nominee.
constructive possession - (law) having the power and intention to have and control property but without direct control or actual presence upon it
Instrument of Transfer means an instrument which is effective to transfer an interest in property; it includes but is not limited to a will, a deed, a contract to transfer or bill of sale absolute vs. by way of mortgage
http://www.proz.com/kudoz/spanish-to-english/law-patents/1046725-carácter-instrumental.html
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Robert Carter
: Interesting point you raise, but if it meant "constructively" I would expect to see "tácitamente" or "para todos los efectos" or something similar in the Spanish, rather than "instrumentalmente". "Formalización" generally means a formal writing.
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true, but used adverbially this 1. comes within the indirect-control of my first example sentence and 2. the context struck me as more akin to una sociedad instrumental > a nominee company rather than anything to do with a proper inst. of transfer
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philgoddard
: I don't believe this has anything to do with instruments. This gives "implemental" as one definition, ie "as a means to an end, effectively". http://www.thefreedictionary.com/instrumentally
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Thanks, Phil. I thought I'd nailed it, but apparently not....
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transferred by way/by means of instrument
https://uk.practicallaw.thomsonreuters.com › ...
30 Aug 2018 — ... the Companies Act 2006 subject to section 770 of the Act, such that shares have to be transferred by way of a "proper instrument of transfer"?
1) Shares may be transferred by means of an instrument of transfer in any usual form or any other form approved by the directors, which is executed by or on behalf of the transferor. (2) No fee may be charged for registering any instrument of transfer or other document relating to or affecting the title to any share.
Company Law Club // Transferring shares
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