Glossary entry

Spanish term or phrase:

instrumentalmente transmitida

English translation:

transferred, using the instrument for the same

Added to glossary by Barbara Cochran, MFA
Apr 7, 2021 14:12
3 yrs ago
27 viewers *
Spanish term

instrumentalmente transmitida

Spanish to English Law/Patents Law: Contract(s) share transfer process
This is for the transfer of shares from one company to another.

"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.
Change log

Apr 9, 2021 19:00: Barbara Cochran, MFA Created KOG entry

Discussion

Barbara Cochran, MFA Apr 7, 2021:
You're welcome, Comunican!
Comunican (asker) Apr 7, 2021:
Thank you Barbara Thanks!
Barbara Cochran, MFA Apr 7, 2021:
I Agree... ...with your assumption that the phrase in question refers to a written document that has legal validity/a legal instrument that enables the transfer.

Proposed translations

+2
21 mins
Selected

transferred, using the instrument for the same

Peer comment(s):

agree Patricia Fierro, M. Sc.
4 hrs
Mil gracias, Patricia.
agree Orkoyen (X)
5 hrs
Thanks, Orkoyen.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you Barbara. Although I didn't use your precise translation, I found your contribution and comments to me the most helpful. Many thanks to you and everyone else. "
38 mins

instrumentally transferred

...company to which the stock of the parties had been instrumentally transferred, the power of Congress would attach and find...
https://books.google.com.uy/books?id=zh0rAAAAYAAJ&pg=PA251&l...
Peer comment(s):

neutral AllegroTrans : Literal translatiion doesn't really work here
1 day 19 hrs
Something went wrong...
4 hrs

instrument of transferral

You might consider taking a different approach here, e.g.,

"The formal written exercise of the option shall be deemed to be the instrument transferring possession of the shares".
Something went wrong...
+1
4 hrs
Spanish term (edited): La posesión ... instrumentalmente transmitida

Possession ..... to have constructively passed

Constructively > impliedly or vicariously and ties up with the shall be deemed.....

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.
Example sentence:

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

Peer comment(s):

neutral 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.
18 mins
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
agree 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
20 hrs
Thanks, Phil. I thought I'd nailed it, but apparently not....
Something went wrong...
+1
20 hrs

transferred by way/by means of instrument

Share transfers: are the provisions of section 112(2) of the ...
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

Peer comment(s):

agree Luis M. Sosa
3 hrs
thanks
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search