Sep 14, 2020 18:50
3 yrs ago
82 viewers *
English term
Brazil
Audiovisual Translator
Native in: Portuguese (Variant: Brazilian) 
Works in: English to Portuguese, Spanish to Portuguese, Portuguese to Spanish
General Partner
English to Portuguese
Law/Patents
Law: Contract(s)
Acceptance by the General Partner of its duties as trustee under this Trust Agreement is subject to the following terms and conditions, which the parties to this Trust Agreement hereby agree shall govern and control the rights, duties and immunities of the Trustee.
Proposed translations
(Portuguese)
References
| Definition |
Amir Akbarpour Reihani
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| general partner |
Daryo
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Change log
Sep 17, 2020 14:29: Yvonne Gallagher changed "Language pair" from "English" to "English to Spanish"
Sep 17, 2020 14:34: Yvonne Gallagher changed "Language pair" from "English to Spanish" to "English to Portuguese"
Proposed translations
3 hrs
Mark Robertson
Native in English
Specializes in field
Translations by lawyers for lawyers
Native in: English 
Works in: Portuguese to English, English
Related KudoZ points
:
36
Selected
sócio ostensivo / associante
There is a lack of context as to the nature of the partnership in question. However the term General Partner suggests that the partnership in question is a so-called silent partnership. In simple terms, in a silent partnership there is a general partner that runs the business and who has unlimited liability for the partnership debts and a silent partner, who is a mere investor, whose liability is limited to the amount of his/her investment.
There are two candidate "figuras" in Brazilian/Portuguese law with a status more or less equivalent to a silent partnership.
The first, as Dayane implies, is a sociedade em comandita, which trades under corporate name (& Cia.) and in which there are two types of sócios: the sócios comanditados (general partners), who have unlimited liability for the company's debts, and sócios comanditários (silent partners) whose liability is limited to the amount of their investment. Unlike a silent partnership a sociedade em comandita has a legal/corporate personality.
The second candidate "figura" which is called a "sociedade em conta de participação" in Brazilian law, and an "associação em participação" in Portuguese law and which, like a silent partnership, does not have a legal/corporate personality.
In a sociedade em conta de participação/associação em participação, there are also two types of sócios, which are referred to in Brazilian law as socios ostensivos (general partners) e sócios ocultos (silent partners) and in Portuguese law as the associantes (general partners) and the associados (silent partners). A sociedade em conta de participação/associação em participação normally trades under the name(s) of the sócio(s) ostensivo(s)/associante(s).
So for Brazil: sócio ostensivo
For Portugal: associante
For Brazilian law see Vocabulário Jurídico, De Plácido e Silva, 28ª Edição páginas 1305 - 1306.
For Portuguese law see Decreto-Lei 231/81, de 28 de Julho, arts 21 - 32.
https://dre.pt/pesquisa/-/search/579479/details/normal?jp=tr...
There are two candidate "figuras" in Brazilian/Portuguese law with a status more or less equivalent to a silent partnership.
The first, as Dayane implies, is a sociedade em comandita, which trades under corporate name (& Cia.) and in which there are two types of sócios: the sócios comanditados (general partners), who have unlimited liability for the company's debts, and sócios comanditários (silent partners) whose liability is limited to the amount of their investment. Unlike a silent partnership a sociedade em comandita has a legal/corporate personality.
The second candidate "figura" which is called a "sociedade em conta de participação" in Brazilian law, and an "associação em participação" in Portuguese law and which, like a silent partnership, does not have a legal/corporate personality.
In a sociedade em conta de participação/associação em participação, there are also two types of sócios, which are referred to in Brazilian law as socios ostensivos (general partners) e sócios ocultos (silent partners) and in Portuguese law as the associantes (general partners) and the associados (silent partners). A sociedade em conta de participação/associação em participação normally trades under the name(s) of the sócio(s) ostensivo(s)/associante(s).
So for Brazil: sócio ostensivo
For Portugal: associante
For Brazilian law see Vocabulário Jurídico, De Plácido e Silva, 28ª Edição páginas 1305 - 1306.
For Portuguese law see Decreto-Lei 231/81, de 28 de Julho, arts 21 - 32.
https://dre.pt/pesquisa/-/search/579479/details/normal?jp=tr...
Peer comment(s):
| neutral |
Daryo
: this person being most likely some kind of lawyer (they are usually the ones setting up trusts), now many law practices in any English speaking country are structured as " société en commandite"? The existence of even a single one would surprise me.
3 hrs
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See my discussion entry.
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| neutral |
Yvonne Gallagher
: why Portuguese for a "monolingual" question?// ok I just changed it. Makes more sense. You could have edited target lang. when you noticed it was wrong
2 days 15 hrs
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1. The question was asked by a first-time poster. The language settings were wrong for what was obviously a bilingual question as was confirmed when the answer was selected. 2 The target language is Portuguese.
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4 KudoZ points awarded for this answer.
+1
3 mins
Dayane Zago Furtado
Brazil
Brazil
Native in Portuguese
Specializes in field
Brazil
12-years' experience | MKT, Legal, IT
Native in: Portuguese
Works in: English to Portuguese, French to Portuguese, Spanish to Portuguese
Related KudoZ points
:
4
Sócio Comanditado
General Partner é o Sócio Comanditado.
Veja: https://static1.squarespace.com/static/56f1ef9045bf21ad0eb86...
• sócio comanditado Æ administrator; general partner.
sócio comanditado = general partner
https://claudiaxavierdelima.wixsite.com/dicionario-juridico/...
Veja: https://static1.squarespace.com/static/56f1ef9045bf21ad0eb86...
• sócio comanditado Æ administrator; general partner.
sócio comanditado = general partner
https://claudiaxavierdelima.wixsite.com/dicionario-juridico/...
7 hrs
David Hollywood
Native in English
worked for int. orgs (IMF, OAS, IDB)
Native in: English
Works in: Spanish to English, German to English
Related KudoZ points
:
8
member of a business partnership who has unlimited liability for debts incurred by the business
a member of a business partnership who has unlimited liability for debts incurred by the business.
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Note added at 7 hrs (2020-09-15 02:27:08 GMT)
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What Is a General Partner?
A general partner is one of two or more investors who jointly own a business and assume a day-to-day role in managing it.
A general partner has the authority to act on behalf of the business without the knowledge or permission of the other partners. Unlike a limited or silent partner, the general partner may have unlimited liability for the debts of the business.
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Note added at 7 hrs (2020-09-15 02:27:08 GMT)
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What Is a General Partner?
A general partner is one of two or more investors who jointly own a business and assume a day-to-day role in managing it.
A general partner has the authority to act on behalf of the business without the knowledge or permission of the other partners. Unlike a limited or silent partner, the general partner may have unlimited liability for the debts of the business.
Peer comment(s):
| neutral |
Daryo
: perfectly good definition, but without knowing the exact nature of the partnership you might get the translation wrong. Unfortunately, the combination "poetic licence" + legal text won't work ...
8 mins
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11 hrs
Pallavi Mehta
India
India
Native in English
Specializes in field
India
Professional Language Expert
Native in: Gujarati , Hindi , English , Bengali
Works in: Hindi to Gujarati, Gujarati to Hindi, English to Gujarati, and 23 more.
Partner of its duties as trustee under this Trust Agreement
As it is mentioned that "General Partner of its duties as trustee under this Trust Agreement", one have to read it as single sentence or phrase, as in trust act liabilities of trustees are unlimited (much more than in partnership) as there is lot of compliances to be meet by a trust and trustees as well.
so here general partner will mean "a partner responsible for trust only as per provisions of trust deed and not otherwise".
This will limit duties of partner, no doubt other provisions of trust deed will also apply.
so here general partner will mean "a partner responsible for trust only as per provisions of trust deed and not otherwise".
This will limit duties of partner, no doubt other provisions of trust deed will also apply.
Reference comments
5 mins
Amir Akbarpour Reihani
Works in field
Professional & Reliable Translator
Native in: Persian (Farsi)
Works in: English to Persian (Farsi), Persian (Farsi) to English, Turkish to Persian (Farsi), and 2 more.
Reference:
Definition
A general partner is one of two or more investors who jointly own a business and assume a day-to-day role in managing it.
A general partner has the authority to act on behalf of the business without the knowledge or permission of the other partners. Unlike a limited or silent partner, the general partner may have unlimited liability for the debts of the business.
A general partner has the authority to act on behalf of the business without the knowledge or permission of the other partners. Unlike a limited or silent partner, the general partner may have unlimited liability for the debts of the business.
7 hrs
Reference:
general partner
general partner n.
1) usually one of the owners and operators of a partnership, which is a joint business entered into for profit, in which responsibility for management, profits, and, most importantly, the liability for debts is shared by the general partners. Anyone entering into a general partnership (the most common business organization involving more than one owner) must remember that each general partner is liable for all the debts of the partnership. Furthermore, any partner alone can bind the partnership on contracts. For example, Joe Doright and Sam Sleazeball are partners in a retail store. Sleazeball runs up a large American Express card bill in the name of the company while on a toot in Las Vegas, contracts for purchase of $30,000 worth of maxi-dresses which are out of fashion, and then takes off with a girlfriend for Tahiti. Doright is responsible for the entire debt.
2) in the 40 states which recognize limited partnerships, the managing partner (or partners) operate the partnership and are liable for its debts beyond the value of the investments by limited partners. The general partners usually receive a management fee and share in profits. Limited partners are prohibited by law from participating in management, can lose more than their investments, and get less than the general partners of unusually high profits. (See: partnership, partner, limited partnership)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
https://legal-dictionary.thefreedictionary.com/general partn...
There is clearly NO AUTOMATIC LINKS between the existence of "general partners" and "limited partners" - what is more, in USA, in 10 states (50-40) a partnership is forbidden from including "limited partners" - in these 10 states that possibility doesn't even exist!
There ALWAYS MUST BE at least one "general" partner but it may well happen that there is NOT A SINGLE ONE "limited" partner.
So basis of what are we to assume that there is ANY "limited partner" in this ST???
1) usually one of the owners and operators of a partnership, which is a joint business entered into for profit, in which responsibility for management, profits, and, most importantly, the liability for debts is shared by the general partners. Anyone entering into a general partnership (the most common business organization involving more than one owner) must remember that each general partner is liable for all the debts of the partnership. Furthermore, any partner alone can bind the partnership on contracts. For example, Joe Doright and Sam Sleazeball are partners in a retail store. Sleazeball runs up a large American Express card bill in the name of the company while on a toot in Las Vegas, contracts for purchase of $30,000 worth of maxi-dresses which are out of fashion, and then takes off with a girlfriend for Tahiti. Doright is responsible for the entire debt.
2) in the 40 states which recognize limited partnerships, the managing partner (or partners) operate the partnership and are liable for its debts beyond the value of the investments by limited partners. The general partners usually receive a management fee and share in profits. Limited partners are prohibited by law from participating in management, can lose more than their investments, and get less than the general partners of unusually high profits. (See: partnership, partner, limited partnership)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
https://legal-dictionary.thefreedictionary.com/general partn...
There is clearly NO AUTOMATIC LINKS between the existence of "general partners" and "limited partners" - what is more, in USA, in 10 states (50-40) a partnership is forbidden from including "limited partners" - in these 10 states that possibility doesn't even exist!
There ALWAYS MUST BE at least one "general" partner but it may well happen that there is NOT A SINGLE ONE "limited" partner.
So basis of what are we to assume that there is ANY "limited partner" in this ST???
Discussion
Limited partnership
Type of partnership comprised of one or more general partners, who manage business and who are personally liable for partnership debts and one or more limited partners who contribute capital and share in profits but who take no part in running business and incur no liability with respect to partnership obligations beyond contribution.
"SECTION 408. GENERAL STANDARDS OF GENERAL PARTNER’S CONDUCT.
(a) The only fiduciary duties that a general partner has to the limited partnership and the other partners are the duties of loyalty and care under subsections (b) and (c).
(b) A general partner’s duty of loyalty to the limited partnership and the other partners is limited to the following:
(1) to account to the limited partnership and hold as TRUSTEE for it any property, profit, or benefit derived by the general partner in the conduct and winding up of the limited partnership’s activities or derived from a use by the general partner of limited partnership property, including the appropriation of a limited partnership opportunity;"
So maybe this a merely a case of a limited partnership. After all, the silent/limited/oculto partner is so in comparison to the general partner, who is the public face of the business.
Just because in English the same term "general partner" can apply to a partner in several different forms of "partnership" there is no guarantee whatsoever that in every other language the translation for "general partner" will be the same regardless of the exact nature of the "parternship".
As shown by "sócio ostensivo" ("the visible partner") - THAT makes sense ONLY if there are also other "invisible / silent partners" - otherwise it's pure misleading nonsense - would imply that the partnership is a kind of "société en commandite" when it's not.
-- this person is already a "General Partner" - most likely in some form of "association of lawyers" and
-- this person is only a future/would be trustee in some trust - most a likely a trust being set up by this law practice. You don't need to be a university professor of law to figure that one out.
The practical consequence being that the nature of this "trust" is irrelevant - to be sure exactly what kind of "general partner" this person is, we need to know how this "association of lawyers (or whatever they are exactly - notaries, solicitors ...) is organised - in which legal form exactly.
Without that missing context, it's just a pointless guessing game of no real help to Asker.
There must be a mention of the "partenership" (of some kind) in which this "general partner" is one of the partners.
What kind of "partenership" is that?