Sep 4, 2012 09:25
11 yrs ago
22 viewers *
Spanish term

cuya copia del nombramiento

Spanish to English Law/Patents Law: Contract(s)
Hello everyone.

This phrase occurs in the first part of a financial consultancy agreement from Spain, to be translated into UK English. Here is the context:
_________________________

INTERVIENEN

D. Fulano de Tal, en nombre y representación de “XXX” (en adelante, el “Cliente”), entidad constituida conforme a las leyes de [US state] en virtud de la escritura de Constitución del Trust **cuya copia del nombramiento** se adjunta al presente Acuerdo, como “Anexo I”.

El Sr. Fulano de Tal actúa en su condición de representante persona física del Trustee de “XXX”. La identidad del Trustee es “YYYYYYY”.
____________________

Anexo I is not present, but it is mentioned at the end of the agreement:
"ANEXO I: TRUST DEED" (sic, in English).
So the document attached as Anexo I is apparently the trust deed itself. XXX is a family trust.

Perhaps I'm being obtuse, but I don't understand the exact sense of "del nombramiento". I would have no problem if it simply said "cuya copia se adjunta", but "cuya copia del nombramiento se adjunta" puzzles me. I presume that the sense of "nombramiento" may be the appointment of Fulano de Tal as legal representative of the Trust, and that this is stated in the trust deed (though Fulano de Tal's authority to act is really the subject of the second paragraph quoted), but how does this phrase work exactly, and how should I translate it? I'd be very grateful for any suggestions.
Proposed translations (English)
4 +1 whose copy of letter of appointment is .......

Discussion

Charles Davis (asker) Sep 4, 2012:
Hi Rosa I agree with you about "cuyo". Whatever they were trying to say it seems to be garbled. I think you're right; the best thing here is to send the client a note. Thanks, and saludos.
Rosa Paredes Sep 4, 2012:
Hi Charles, I'd just like to mention that most people make serious mistakes when using the relative pronoun "cuyo"and its variants; so IMO it is almost impossible to try and figure out what is meant here. I think Lorena may be on to something. If I were you, I'd ask the client. Saluods.
Charles Davis (asker) Sep 4, 2012:
Hi Lorena Well, it had to happen sooner or later! To tell the truth, I was getting a bit embarrassed about never having asked a question :)

Now, your point about the naming of the trust really is interesting, especially since this is a US trust. I'll have to check it out. Thanks!
lorenab23 Sep 4, 2012:
by the way and I don't know if it helps at all. In the US, trusts have to be named when created as in "The Barrett Trust". So I am wondering if the nombramiento in this particular case refers to the naming of the trust as opposed to the appoinment of a representative and this is why the annexo I is a copy of the deed and not a letter of appointment
lorenab23 Sep 4, 2012:
@ Charles Welcome to the other side!
Charles Davis (asker) Sep 4, 2012:
Cheers Much appreciated
Yvonne Gallagher Sep 4, 2012:
imo always better to be safe. "Letter" could be on 1st page of deed, doesn't have to be separate attachment. Have often come upon forms/letters etc included as part of contract appendix for example, so, I think your proposed wording should work
Charles Davis (asker) Sep 4, 2012:
Hi gallagy Thanks. I see what you mean. I must admit I'm a bit reluctant just to omit it, because surely "nombramiento" must be there for some reason. It's just that "cuya" clearly seems to be referring to the deed (what else could it be?), and that is apparently what Anexo I is, but then you have "copia del nombramiento", which leads you in a different direction. Maybe I could spell it out and say "a copy of which deed and appointment", to be on the safe side. If the "nombramiento" is not in Anexo I it doesn't make any sense at all. I think it must be part of the trust deed.
Yvonne Gallagher Sep 4, 2012:
Hi Charles, there probably is an actual "letter of appointment" (as legal rep or nominee) attached though whether you need to say this is English is a moot point. I think here there might be ambiguity if you omitted it as perhaps what "copia" is referring to is unclear? Everything legal often spelled out several times!!
Charles Davis (asker) Sep 4, 2012:
Mil gracias, José Confirmas mi propia conclusión provisional. Hice la pregunta por si se me escapaba algo obvio; tu reacción me consuela. Saludos.
José Manuel Lozano Sep 4, 2012:
Lo cierto es que, por más vueltas que le doy a la frase, no le encuentro el sentido a ese "nombramiento". Yo lo omitiría y me limitaría a decir "a copy of which" teniendo en cuenta que el Anexo, como dice Charles, es la propia trust deed.

Proposed translations

+1
1 hr
Selected

whose copy of letter of appointment is .......

i think adding the letter/form in front of appointment works here
Note from asker:
Thanks, Adela! The trouble is that apparently Anexo I is not a letter of appointment but a copy of the actual trust deed, though perhaps it includes a letter of appointment. So I still find the formulation confusing.
Peer comment(s):

agree Yvonne Gallagher
2 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I'm still not sure and have had no feedback from the client, but the "letter of appointment" was useful, so thanks!"
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