con il quale dichiara di costituire, come costituisce

14:12 May 6, 2021
Italian to English translations [PRO]
Law/Patents - General / Conversation / Greetings / Letters / power of attorney
Italian term or phrase: con il quale dichiara di costituire, come costituisce
"...mi chiede di ricevere il presente atto, con il quale dichiara di costituire, come costituisce, suo procuratore speciale e per quanto infra generale il geometra."

This comes from a short power of attorney following, what seems like, the death of one of the partners.

I am confused about the word order/structure of this part.
Lara Barnett
United Kingdom
Local time: 22:57


Summary of answers provided
3 +1in which he makes a declaration to appoint, as s/he does hereby appoint
Adrian MM.
4granting
philgoddard


  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
in which he makes a declaration to appoint, as s/he does hereby appoint


Explanation:
... the land surveyor /to be/ his or her Special Agent - Attorney-in-Fact vs. in Law - and generally for all matters below cf. 'within written'.....

atto: US instrument UK deed, namely of appointment of new partner or oddly known as as appointment of a 'new trustee' even in a partnership.

come costituisce : the full UK and US notarial wording is often 'does make, constitute and appoint'.

Example sentence(s):
  • n order to enable the Continuing Partners to get in and receive the partnership assets, effects and premises, the Retiring Partner doth hereby irrevocably appoint ...
  • USA: SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, CHESTER B. BLACK, a legal resident of the State of Massachusetts, desiring to execute a SPECIAL POWER OF ATTORNEY, have made, constituted and appointed, and *by these presents do make

    https://www.proz.com/kudoz/italian-to-english/law-general/4548266-come-nomina-e-costituisce-procuratore.html
    https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1104.htm
Adrian MM.
Austria
Meets criteria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  Anita M. A. Mazzoli
14 days
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
granting


Explanation:
Adrian's literal translation makes a distinction between declaring that he/she makes the appointment, and making the appointment. We wouldn't do this in English: the two are regarded as a single act.

I suggest something along these lines:

"He/she asked me to accept this deed granting special power of attorney to the surveyor, and general power of attorney in the following matters."

philgoddard
United States
Meets criteria
Native speaker of: English
PRO pts in category: 186

Peer comments on this answer (and responses from the answerer)
neutral  Adrian MM.: Perhaps you ought to read my second example sentence more carefully: https://www.sec.gov/Archives/edgar/data/882235/0001193125120... // I wasn't suggesting use of the tripartite formula that is notarial + EN legal drafting convention.
2 hrs
  -> I read both of your example sentences with great care, and I don't see how either is relevant. "Make, constitute and appoint" is saying the same thing three times, so it's even more convoluted than the Italian.
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