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  3. Law: Contract(s)

dessen Genehmigung ausdrücklich vorbehaltend

English translation: whose authorization is expressly required

00:15 Aug 18, 2016
German to English translations [PRO]
Law/Patents - Law: Contract(s) / Notarized Document
German term or phrase: dessen Genehmigung ausdrücklich vorbehaltend
Hello - I found this phrase in the introduction of a notarial deed (from Germany):

"Vor mir, [notary's name], erschienen heute:

Party 1, hier handelnd nicht im eigenen Namen, sondern vollmachtlos für

Party 2

dessen Genehmigung ausdrücklich vorbehaltend, die mit Eingang beim amtierenden Notar allen gegenüber Wirksam [sic] wird."

Is this saying that because Party 1 is acting "vollmachtlos" (without authority, or without power of attorney), the approval of Party 2 is required for any resolutions made among the appearing parties to take effect, and that all the resolutions contained in the agreement will only take effect once the acting notary receives Party 2's approval?

Any suggestions you have would be greatly appreciated.

Thanks.
Matthew Bunczk
United States
Local time: 02:07
English translation:whose authorization is expressly required
Explanation:
that's the idea

--------------------------------------------------
Note added at 12 mins (2016-08-18 00:27:09 GMT)
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I think you're on the right lines with your own interpretation of this

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Note added at 16 mins (2016-08-18 00:31:20 GMT)
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or: withoutC/pending the express approval of xxx
Selected response from:

David Hollywood
Local time: 03:07
Grading comment
Thank you. I found your and Kyra's recommendations very helpful. I went with this wording though.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +5subject to his/her explicit approval
Kyra OL
4with the express proviso of the latter's (subsequent) ratification
Adrian MM. (X)
3whose authorization is expressly required
David Hollywood
3whose approval is mandatory
Mariann Makrai


  

Answers


10 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
whose authorization is expressly required


Explanation:
that's the idea

--------------------------------------------------
Note added at 12 mins (2016-08-18 00:27:09 GMT)
--------------------------------------------------

I think you're on the right lines with your own interpretation of this

--------------------------------------------------
Note added at 16 mins (2016-08-18 00:31:20 GMT)
--------------------------------------------------

or: withoutC/pending the express approval of xxx

David Hollywood
Local time: 03:07
Native speaker of: English
PRO pts in category: 327
Grading comment
Thank you. I found your and Kyra's recommendations very helpful. I went with this wording though.
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
subject to his/her explicit approval


Explanation:
Agree with Mathew's interpretation, but would suggest using the "subject to".

Kyra OL
Germany
Local time: 08:07
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Bettina Rittsteuer
1 hr
agree  Steffen Walter: or 'express approval/consent'
2 hrs
agree  AllegroTrans: express approval
3 hrs
agree  Ramey Rieger (X)
11 hrs
agree  Johanna Timm, PhD
13 hrs
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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
with the express proviso of the latter's (subsequent) ratification


Explanation:
It's not an ex ante approval but a ratification ex post facto of the acts of the party or the 'appearer' who is vollmachtlos - and, in Anglo-Am l lawspeak, to be 'supplied hereafter', to wit: of pre-incorporation resolutions.

Note carefully the web ref.


    Reference: http://www.proz.com/kudoz/german_to_english/law_general/2116...
Adrian MM. (X)
Local time: 08:07
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 572

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: not "wrong" per se but could be expressed more concisely (v. Kyra)
10 hrs
  -> Conciseness isn't the point. Pre-incorporation contracts and resolutions, both in the US and UK, are ratified or adopted in company law http://www.lawteacher.net/free-law-essays/contract-law/pre-i...
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3 days 10 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
whose approval is mandatory


Explanation:
approval or consent also

Mariann Makrai
Croatia
Local time: 08:07
Specializes in field
Native speaker of: Native in HungarianHungarian, Native in CroatianCroatian
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