Glossary entry (derived from question below)
German term or phrase:
Belastung von Beteiligungen
English translation:
assignment of equity interests as security/collateral
Added to glossary by
Ken McKerrow
Jul 6, 2009 19:48
14 yrs ago
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German term
Belastung von Beteiligungen
German to English
Law/Patents
Law (general)
GmbH Partnership Agreement
Hello - I know there are legion entries for belasten/Belastung in the archive, and while I'd like to avoid adding another, I haven't found any that I thought were completely relevant.
This from a GmbH Partnership Agreement:
"Die Geschäftsführer bedürfen für alle Geschäfte, die über den gewöhnlichen Betrieb des Unternehmens hinausgehen, der ausdrücklichen vorhergenden Einwilligung der Gesellschafterversammlung.
a) Erwerb, Veräusserung, **Belastung von Beteiligungen** an anderen Unternehmen, einschliesslich stiller Beteiligungen."
I'm proofreading this document, and the translator has "charging of interests." This seems a little odd to me, and I confess I don't really know what is meant. Is there some sort of mechanism in corporate law parallel to that of encumbering real estate? Is it like placing a sort of 'lien' on the holdings of another company? Is 'charging' correct?
Thanks in advance..
This from a GmbH Partnership Agreement:
"Die Geschäftsführer bedürfen für alle Geschäfte, die über den gewöhnlichen Betrieb des Unternehmens hinausgehen, der ausdrücklichen vorhergenden Einwilligung der Gesellschafterversammlung.
a) Erwerb, Veräusserung, **Belastung von Beteiligungen** an anderen Unternehmen, einschliesslich stiller Beteiligungen."
I'm proofreading this document, and the translator has "charging of interests." This seems a little odd to me, and I confess I don't really know what is meant. Is there some sort of mechanism in corporate law parallel to that of encumbering real estate? Is it like placing a sort of 'lien' on the holdings of another company? Is 'charging' correct?
Thanks in advance..
Proposed translations
(English)
4 +2 | assignment of equity interests as security/collateral | RobinB |
Proposed translations
+2
15 hrs
Selected
assignment of equity interests as security/collateral
"Beteiligungen" in this context is most appropriately translated as "equity interests" - "investments" would be another possibility. You should always avoid using "participation" for "Beteiligung" in the sense of equity interest (it's quite meaningless in English), although I know it's much loved by non-natives.
As far as the "Belastung" is concerned, this essentially means transferring the interests held in other entities as security/collateral. Personally, I'd prefer to avoid the term "encumbrance" for such intangible assets, and agree with Ken here that it's best reserved for tangible assets.
This is a standard provision in GnbH shareholder agreements (no "partners" in a GmbH, only shareholders or members), and sometimes in AG agreements, too. The interests referred to are, indeed, interests held in other companies. On a word-for-word basis, this gives a translation along the following lines:
a) The acquisition, disposal, assignment as security/collateral to other companies of equity interests, including silent partnership interests.
However, this is pretty clumsy, so I would suggest spelling it all out in somewhat greater detail, e.g.:
a) The acquisition and disposal of equity interests, including silent participation interests, and their assignment as security/collateral to other companies.
As far as the "Belastung" is concerned, this essentially means transferring the interests held in other entities as security/collateral. Personally, I'd prefer to avoid the term "encumbrance" for such intangible assets, and agree with Ken here that it's best reserved for tangible assets.
This is a standard provision in GnbH shareholder agreements (no "partners" in a GmbH, only shareholders or members), and sometimes in AG agreements, too. The interests referred to are, indeed, interests held in other companies. On a word-for-word basis, this gives a translation along the following lines:
a) The acquisition, disposal, assignment as security/collateral to other companies of equity interests, including silent partnership interests.
However, this is pretty clumsy, so I would suggest spelling it all out in somewhat greater detail, e.g.:
a) The acquisition and disposal of equity interests, including silent participation interests, and their assignment as security/collateral to other companies.
4 KudoZ points awarded for this answer.
Comment: "Thanks, Robin. Very helpful. "
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