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Glossary entry

French term or phrase:

mandat de gestion

English translation:

management mandate

Added to glossary by Silvia Brandon-Pérez
Feb 20, 2009 17:25
15 yrs ago
22 viewers *
French term

mandat de gestion

French to English Law/Patents Law: Contract(s)
I don't like the suggestions in the glossary. This is the text in which it appears:

Par convention intitulée XXX, le requérant a confié au dénommé YY un mandat de gestion sur une somme de 3.000.000 EUR en vue de faire des investissements fructueux.

I was thinking of power of administration, because this is similar to a power of attorney for investment purposes... Mandate just does not go here.
Proposed translations (English)
4 +1 management mandate
3 +1 power of attorney of the estate
4 (Portfolio) Management and Advisory Mandate
4 mandate to manage
3 administration
3 management assignment/management agreement
3 management powers
References
Fr and En refs and explanations
Change log

Oct 28, 2009 17:13: Silvia Brandon-Pérez changed "Edited KOG entry" from "<a href="/profile/599094">Silvia Brandon-Pérez's</a> old entry - "mandat de gestion"" to ""management mandate""

Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): writeaway

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Discussion

Silvia Brandon-Pérez (asker) Oct 28, 2009:
Thank you all! The truth is that many of your proposed answers would have worked; Matthew's, for example, but in the end I decided, based on references provided here and others I found, to go with the simple one proposed by Valerie.
wfarkas (X) Feb 21, 2009:
In my humble opinion, we are dealing here with a discretionary portfolio management mandate .
rkillings Feb 21, 2009:
Because there are narrower and broader senses of 'investment mandate', e.g., a one-off mandate to an investment bank to underwrite an issue; an ongoing mandate to an asset manager to conduct investing activities. Depends on context.
Valerie SYKES Feb 21, 2009:
If 'investment mandate' is the best translation (and I agree that googling reveals a whole load of references), why does IATE translate 'investment mandate' as, quite simply, 'mandat d'investissement'?
rkillings Feb 20, 2009:
The document itself is the convention intitulée XXX. Won't you call that the Agreement and proceed to describe what it does, i.e., gives/confers a mandate/authorisation/power of attorney/whatever? Even "puts €3m under discretionary mgt by YY" covers it.
rkillings Feb 20, 2009:
Agree, but you don't have to call it that. Sure, it is a power of attorney -- and more. 'Mandate' in English alone suffices for the term of art. "a mandate to invest €3m in income-generating assets" will do it; you don't necessarily need to spell it out in full as "a discretionary asset management mandate". Is the objective to explain it to the unitiated rather than use the standard industry term?
MatthewLaSon Feb 20, 2009:
power of attorney I think my definiton in my answer box proves that this is a "power of attorney." The person is given the power to manage the investment (sorry, not really an "estate" here). This is a power of attorney for investment management"
Silvia Brandon-Pérez (asker) Feb 20, 2009:
Yes, I saw that, but... The term, mandat de gestion,' is a term of art for a type of document to enable the individual to whom it is given to carry out investments. The document itself is a form of power of attorney for the purpose of investing. It does not say 'mandat de investissement' but rather refers specifically to the giving of the mandate (i.e. power) to use the funds to invest, don't you think?
rkillings Feb 20, 2009:
Actually, 'mandate' does go here. Financial English is now global, and there are 20 Ghits for 'investment mandate' on wsj.com alone. (Example: "...although our investment mandate is not exclusively Iowa.”)

Proposed translations

+1
10 mins
Selected

management mandate

IATE also gives - 'management authorisation' and 'management authority'.

--------------------------------------------------
Note added at 11 mins (2009-02-20 17:37:03 GMT)
--------------------------------------------------

The 'Grand Dictionnaire Terminologique' gives 'managemnt authority'.

--------------------------------------------------
Note added at 15 hrs (2009-02-21 08:32:34 GMT)
--------------------------------------------------

'With a Sarasin portfolio management mandate, you delegarte all investment decisions to sarasin's investment experts'.
'BSI Prudentia is a management mandate designed for investors ...'
www.sarasin.ch/internet/iech/en/private_clients_investment_... - 14k -
www.sarasin.ch/internet/iech/en/private_clients_investment_... - 14k -
Reference:

http://www.iate.europa.eu/iatediff/SearchByQuery.do;jsessionid=9ea7991930d8a8048ee2d6934ff48b25bd405ddec0eb.e38KbN4Mc34Nay0TahqLahiKah90

Peer comment(s):
agree rkillings : In this case, it's an investment management mandate -- so go straight to 'investment mandate'.
1 hr
French has a perfectly good translation for 'investment mandate' (mandat d'investissement). Please see added notes to my entry to illustrate how 'management mandate' is used portfolio management in the field of finance and investment..
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Sorry for the delay! This one had slipped by my radar... Thank you for your suggestion. The truth is many of the suggested translations might have worked, but I went with yours in the end."
1 hr

administration

...has entrusted YY with the administration...
Something went wrong...
1 hr

management assignment/management agreement

that's the way I'd put it
Something went wrong...
+1
17 mins

power of attorney of the estate

Hello,

Is this what you mean?


"Le mandat de gestion est l'acte par lequel le propriétaire d'un bien (le mandant) donne à une autre personne (le mandataire, qui peut être un agent immobilier, un administrateur de biens, .) le pouvoir d'accomplir en son nom plusieurs actes juridiques comme la vente, la location ou la gestion d'un bien."

http://www.explorimmoneuf.com/html/gpi5_gestion.htm

I hope this helps.


--------------------------------------------------
Note added at 2 hrs (2009-02-20 20:16:38 GMT)
--------------------------------------------------

power of attorney for investment management
Note from asker:
Yes, Matthew, that is exactly what I meant, it is in the US a power of attorney. I have drawn many of these up in my lifetime.
Peer comment(s):
agree Jack Dunwell : Yes, I agree M
3 hrs
Thanks, fourth! Have a good one.
Something went wrong...
3 hrs

management powers

"power" the legal right or authorisation to act-" Blacks
"gestion" = management

The closest to this is Matthew, I think, otherwise
Something went wrong...
11 hrs

(Portfolio) Management and Advisory Mandate

Can be 'discretionary' (you hand over control to an expert as to how and in what your money is invested ) or 'non-discretionary' (you get expert advice but you ultimately make your own investment decisions)
Something went wrong...
14 hrs

mandate to manage

'Mandate' in this sense is a Roman-law concept, used throughout continental Europe and in Scotland (if not England and Wales). When you rule out the senses of 'mandat' that are translated by (arrest) warrant, (money) order, summons, etc., you're left with power of attorney and Dalloz' helpful 'contract of agency'. Or, of course, the cognate.

When even tarp.net is using the word here in the USA, the case for 'mandate' is strong:

"Bank of New York Mellon Wins TARP Asset Management Mandate

Bank of New York Mellon emerged as one of the credit crunch’s benefactors when it was named the master custodian firm overseeing the Treasury Department’s bailout fund (the Troubled Asset Relief Program, or TARP) on Oct.14 2008.

As master custodian bank it will manage the toxic assets that the government will buy with taxpayer’s dollars, and also run auctions when they are sold for cents on those taxpayer dollars.

BONYM’s official title is “prime contractor of the purchase program.”
Reference:

http://troubled-asset-relief-program.net/bank-of-new-york-mellon-wins-tarp-asset-management-mandate/

Something went wrong...

Reference comments

42 mins
Reference:

Fr and En refs and explanations

http://www.proz.com/kudoz/french_to_english/bus_financial/81...

Mandat de gestion

Contrat par lequel un client délègue à un professionnel de la finance (banque, compagnie d'assurance, conseiller en gestion de patrimoine indépendant, agent de change...), l'initiative des opérations d'achats et de ventes de valeurs mobilières. Le mandat précise l'orientation de la gestion (prudente, audacieuse, ...),le niveau de l'information du titulaire du compte et le montant et la structure de la rémunération de l'intermédiaire.
http://www.vernimmen.net/html/glossaire/definition_mandat_de...

j) The term ''Palmindustrie Mandat de gestion" means the agreement dated May
12, 1969, as amended June 10, 1971, between Palmindustrie and Palmivoire whereby Palmindustrie had fully authorized and empowered Palmivoire to act as its agent in running
the affairs of Palmindustrie and managing all its properties and interest for a period of
30 years commencing January 1, 1969, and terminating December 31, 1998; and
(k) The term "SODEPALM Mandat de gestion" means the agreement dated May 12, 1969, as amended June 10, 1971, between SODEPALM and Palmivoire whereby Palmindustrie had fully authorized and empowered Palmivoire to act as agent in managing
SODEPALM's industrial oil palm plantations and related operations and facilities for a period of 30 years commencing January 1, 1969, and terminating December 31, 1998
http://untreaty.un.org/unts/60001_120000/8/24/00015188.pdf
Something went wrong...
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