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  3. Law: Contract(s)

Zwangsversteigerung in die Geschäftsanteile erfolgen kann.

English translation: that shares in YYY GmbH can, if at all, be subjected to enforcement in respect of those shares

14:36 May 30, 2013
German to English translations [PRO]
Law/Patents - Law: Contract(s) / Dispute over loan contract
German term or phrase: Zwangsversteigerung in die Geschäftsanteile erfolgen kann.
From a letter from one of the lawyers involved: Wir weisen darauf hin, dass eine Zwangsversteigerung allenfalls in die der XXX GmbH gehörende Geschäftsanteile an der YYY GmbH erfolgen kann.
I am puzzled by the accusative "in die" in this sentence. "Compulsory auction into the shares" ?? What does this mean in practice please?
Jo Bennett
United Kingdom
Local time: 15:35
English translation:that shares in YYY GmbH can, if at all, be subjected to enforcement in respect of those shares
Explanation:
in the company that are held by XXX GmbH

Does this make any sense in light of the thread ('train of thought') of your document?

Enforcement "in die Anteile" just means the shares are at the receiving end of enforcing. That's how we talk.
Selected response from:

Sebastian Witte
Germany
Local time: 16:35
Grading comment
Thanks Sebastian, I didn't quite use this wording in the end, but your suggestion and explanation were very helpful.
4 KudoZ points were awarded for this answer



Summary of answers provided
3sale by order of the court post-execution levied against the ordinary shares
Adrian MM. (X)
1that shares in YYY GmbH can, if at all, be subjected to enforcement in respect of those shares
Sebastian Witte


Discussion entries: 4





  

Answers


51 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5
that shares in YYY GmbH can, if at all, be subjected to enforcement in respect of those shares


Explanation:
in the company that are held by XXX GmbH

Does this make any sense in light of the thread ('train of thought') of your document?

Enforcement "in die Anteile" just means the shares are at the receiving end of enforcing. That's how we talk.

Sebastian Witte
Germany
Local time: 16:35
Meets criteria
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 103
Grading comment
Thanks Sebastian, I didn't quite use this wording in the end, but your suggestion and explanation were very helpful.
Notes to answerer
Asker: Ah...! That does seem to make sense, thank you! I'll see how it fits. (PS I like the "that's how we talk". That's why I like German!)

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9 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
sale by order of the court post-execution levied against the ordinary shares


Explanation:
There may be a conflation of Zwangsversteigerung with Zwangsvollstreckung *in*: sale by court order following levy of execution *against* the ordinary shares (UK: usually subject to a charging order nisi or absolute - the latter being a provisional or final court-ordered/'judicial' mortgage enforced by sale by order of the court and known as 'compulsory auction' in most non-English lingos.)

Prospectively, any judgment debt will be possibly enforced against such ord. shares in YYY GmbH as belong to XXX GmbH.

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Note added at 18 hrs (2013-05-31 08:44:02 GMT)
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I'd thought you'd like the HMRC link. BTW, a short answer could be that a 'court auction sale could be ordered against (of) the ordinary shares' (namely post-enforcement of any charging order).


    Reference: http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm667320.htm
Adrian MM. (X)
Local time: 16:35
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 572
Notes to answerer
Asker: Thanks for the HMRC link - that's very helpful.


Peer comments on this answer (and responses from the answerer)
neutral  Sebastian Witte: You don't help asker understand the somewhat complicated construction under company law with this. You make things more complicated with this.
7 hrs
  -> Thanks. I'll need to study your answer more carefully and learn something.
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