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the determination vs the termination

15:34 Oct 16, 2019
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: the determination vs the termination
The Companies Act of 1948 uses the determination, as seen in point (b) below.


(a) the right to transfer shares is restricted in manner hereinafter prescribed ;

(b) the number of members of the company (exclusive of persons who are in the employment of the company and of persons who having been formerly in the employment of the company were while in such employment and have continued after the determination of such employment to be members of the company) is limited to fifty.

- http://www.legislation.gov.uk/cy/ukpga/1948/38/schedule/FIRS...


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(a) The right to transfer shares is restricted in the manner hereinafter prescribed.

(b) The number of Members of the Company (exclusive of persons who are in the employment of the Company and of persons who, having been formerly in the employment of the Company, were, while in such employment, and have continued after the termination of such employment, to be Members of the Company) is limited to fifty.

- https://www.sec.gov/Archives/edgar/data/1046880/000119312513...

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Searching further online, you can find the both "terms", as seen in search queries below;

and have continued after the determination of such employment - https://isn.page.link/LRA1

and have continued after the termination of such employment - https://isn.page.link/Uojc

is it just a typo, or else ...?
geopiet


SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +1determination is perfectly correct
AllegroTrans
4determination
Alexandra Hirsch (X)
4termination is correct
philgoddard
Summary of reference entries provided
Determination
Daryo

Discussion entries: 7





  

Answers


14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
termination is correct


Explanation:
It's interesting if the typo is widespread, but "determination" doesn't make sense in my opinion. They were employees, their employment has been terminated, but they're still shareholders.

philgoddard
United States
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
Notes to answerer
Asker: thanks, I will cross-post it to the Pol=Eng group


Peer comments on this answer (and responses from the answerer)
agree  AJ Ablooglu
52 mins

disagree  AllegroTrans: "Determination" does make sense (see my answer) but the terms are somewhat interchangeable
2 hrs

agree  Daryo: doesn't happen often - shouldn't happen at all in principle - but even texts of laws can have typos. Can see how it happened: plenty other occurrences of "determination" (rightly used) in the surrounding text.
3 hrs

disagree  Yvonne Gallagher: not a typo. "determination" does indeed make sense
1 day 8 hrs
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The asker has declined this answer

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
determination is perfectly correct


Explanation:
Is Determination Of Employment And Termination Of Contract ...
entrusty.com › ...
The action of determination or termination almost always brings the contracting parties into arbitration or litigation. ... Further, it is often said that a contract has been determined or the Contractor's employment has been terminated, which in the strictest sense and interpretation, is wrong.

DETERMINATION OF EMPLOYMENT CONTRACTS ...
https://www.manifieldsolicitors.com › 2019/04/24 › determination-of-empl...
24 Apr 2019 - By Ademola Adeola. Employment relationships are not such that are intended to exist in perpetuity. Consequently, it can be determined in ...
[PDF]Determination of Employment Status Guidance for ... - StaffNet
documents.manchester.ac.uk › display
Determination of Employment Status. Guidance for Managers. Introduction. There are occasions when the University needs to bring in individuals to undertake ...
Chap 6: Determination of Contractor's Employment by ... - Prezi
https://prezi.com › chap-6-determination-of-contractors-employment-by-e...
6 May 2014 - Any disputes regarding the final accounts have to be submitted within 3 months to the consultants to verify if needed to be changed or not.
[PDF]Determination of Employment Relationship Policy ... - UVic
https://www.uvic.ca › universitysecretary › assets › docs › policies
Associated Procedures: Determination of Employment Relationship Procedures. Purpose. 1.00 This policy provides guidance in determining the relationship of ...
[PDF]i DETERMINATION OF CONTRACT BY EMPLOYER IN ... - Core
https://core.ac.uk › download › pdf
by TAYLEE YONG - ‎2006 - ‎Cited by 5 - ‎Related articles
14 Jul 2006 - Determination of Employment of Contractor. 60. 3.4 Conclusion. 65. 4. DISPUTES ASSOCIATED WITH DETERMINATION OF. CONTRACT BY ..

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Note added at 19 hrs (2019-10-17 11:18:39 GMT)
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See this up-to-date article using "determine" in this sense:
https://www.i-law.com/ilaw/doc/view.htm?id=351057


AllegroTrans
United Kingdom
Local time: 08:53
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28
Notes to answerer
Asker: thank you, I will leave it to the PL-En group asker to pick the answer


Peer comments on this answer (and responses from the answerer)
neutral  Daryo: yes, you could have situations where the nature of what could be /is an "employment contract" (in this ST for an employee NOT a contractor) has to be determinated but it makes no sense in the text quoted with the question.
48 mins
  -> it's "determined" not "determinated" and the Companies Act 1948 uses this term, so how can you say "neutral" ?

agree  Yvonne Gallagher: of course this is correct.
1 day 6 hrs
  -> Thank you
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1 day 5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
determination


Explanation:
determination < determinable
Collins Dictionary defines "determinable" as
adjective
1.
able to be decided, fixed, or found out
2.
law
liable to termination under certain conditions; terminable

Collins English Dictionary. Copyright © HarperCollins Publishers

while the Oxford Dictionary of Law lists "determinable interest" and lawguru.com defines "determination" as "The end, the conclusion, of a right or authority,
as, the determination of a lease."



    https://www.collinsdictionary.com/dictionary/english/determinable
Alexandra Hirsch (X)
Austria
Local time: 09:53
Native speaker of: Native in GermanGerman
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The asker has declined this answer




Reference comments


3 hrs peer agreement (net): -1
Reference: Determination

Reference information:
Determination
The final resolution or conclusion of a controversy.

In legal use, determination usually implies the conclusion of a dispute or lawsuit by the rendering of a final decision. After consideration of the facts, a determination is generally set forth by a court of justice or other type of formal decision maker, such as the head of an Administrative Agency.

Determination has been used synonymously with adjudication, award, decree, and judgment. A ruling is a judicial determination concerning matters, such as the admissibility of evidence or a judicial or an administrative interpretation of a statute or regulation.

https://legal-dictionary.thefreedictionary.com/determination

Daryo
United Kingdom
Specializes in field
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 12

Peer comments on this reference comment (and responses from the reference poster)
disagree  AllegroTrans: This is a valid definition, but not the one at issue here, it's not about getting a Court to rule
3 hrs
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