and collaterally or further to secure

English translation: infinitive

16:51 Apr 2, 2014
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s) / Memorandum of Association
English term or phrase: and collaterally or further to secure
I know I'm beating a dead horse with that question as many threads have dealt with it. However, in the sentence "to mortgage and charge the undertaking and all or any of the real and personal property and assets, present or future, and all or any of the uncalled capital for the time being of the Company and to issue at par or at a premium or discount, and for such consideration and with and subject to such rights, powers, privileges and conditions as may be thought fit, debentures or debenture stock, either permanent or redeemable or repayable, and collaterally or further to secure any securities of the Company by a trust deed or other assurances;", I'm not sure whether "to" in "and collaterally or further to secure" must indeed be understood as "in order to" - as all posters in all the threads related to that term have understood, or whether "to" has the same infinitive value as in "to mortgage and charge" and in "to issue" in the same sentence. In those cases, "to" refers to the list of objects of the Company, introduced by "The Company's objects are :" earlier on in the deed, with the list going: 1) to do X, 2) to do Y, etc.

(This is from a British English document.)
Anton Omaz
Local time: 07:01
Selected answer:infinitive
Explanation:
It is the infinitive of the verb.

The objects of the company include all the stuff listed before and "collaterally or further to secure any securities of the Company by a trust deed or other assurances". i.e. to secure such securities (an unfortunate juxtaposition) collaterally or by further security.

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Note added at 15 hrs (2014-04-03 08:50:48 GMT)
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Re Asker's note. That does raise a problem of whether it is best to substitute the common usage in French language official documents for an accurate translation of the English (irrespective of whether the English document is well drafted, the actual wording is what matters). Perhaps this is a question of what jurisdiction this comes under and how the document is to be used. The Client might want to consult their lawyer.
Selected response from:

B D Finch
France
Local time: 07:01
Grading comment
Many thanks again!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4infinitive
B D Finch


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
infinitive


Explanation:
It is the infinitive of the verb.

The objects of the company include all the stuff listed before and "collaterally or further to secure any securities of the Company by a trust deed or other assurances". i.e. to secure such securities (an unfortunate juxtaposition) collaterally or by further security.

--------------------------------------------------
Note added at 15 hrs (2014-04-03 08:50:48 GMT)
--------------------------------------------------

Re Asker's note. That does raise a problem of whether it is best to substitute the common usage in French language official documents for an accurate translation of the English (irrespective of whether the English document is well drafted, the actual wording is what matters). Perhaps this is a question of what jurisdiction this comes under and how the document is to be used. The Client might want to consult their lawyer.

B D Finch
France
Local time: 07:01
Specializes in field
Native speaker of: English
PRO pts in category: 28
Grading comment
Many thanks again!
Notes to answerer
Asker: Thanks, that's the way I first understood the sentence. However, I then had serious doubts as all the French translations I've found in similar sentences were along the line of "collatéralement et pour garantir davantage", including, apparently, in official documents, e.g.: "Explication : collatéralement ou pour garantir davantage (les titres de la Société) formulation du Journal officiel luxembourgeois http://www.etat.lu/memorial/memorial/2010/C/Pdf/c1712218.pdf" Source: http://www.proz.com/kudoz/english_to_french/law_general/4551583-collaterally_or_further_to_secure.html

Asker: I concur with you that the actual source wording should always prevail, especially in legal texts. In the case at hand, identifying "to" as "in order to" may greatly affect the meaning of the translation, depending on what precedes in the sentence.

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