https://wiki.proz.com/kudoz/french-to-english/law-contracts/6740885-approbation-d%C3%A9clarative.html

approbation déclarative

English translation: declaratory approval

15:46 Dec 5, 2019
French to English translations [PRO]
Bus/Financial - Law: Contract(s)
French term or phrase: approbation déclarative
Hi,

I'm translating some articles of association for a not-for-profit organisation and this is one of the duties of the Board:

Établir le règlement de la fondation, qui sera soumis à l’autorité de surveillance des fondations pour approbation déclarative.

Does the term just mean 'official approval' (i.e. approval given in the form of a statement) or is there a term 'declarative/declaratory approval' in English (I haven't found it by googling).
Many thanks for any help.
Christine Birch
United Kingdom
English translation:declaratory approval
Explanation:
This pdf gives a good outline of the law on Foundations in Swizerland
https://www.rwi.uzh.ch/dam/jcr:ffffffff-97d7-6b6d-ffff-ffffa...


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Note added at 1 hr (2019-12-05 16:52:51 GMT)
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Foundation
The first step in the constitution of a foundation is the drafting of its statutes: the foundation's purpose and its resources, its general organisation, bodies and their respective powers are set out in the foundation's statutes.
Once the statutes are approved by the founder, they must be cleared by the competent supervisory authority, cantonal or federal, depending on the scope of the foundation's activity.
After the preliminary clearance of the statutes by the supervisory authority, it is advisable to file a request for preliminary tax exemption with the tax authorities. Following the supervisory authority's preapproval and the granting of the preliminary tax exempt ruling by the tax authorities, the foundation is formally constituted by public notary deed.

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Note added at 1 hr (2019-12-05 16:54:37 GMT)
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https://uk.practicallaw.thomsonreuters.com/8-633-1801?transi...
Selected response from:

AllegroTrans
United Kingdom
Local time: 19:21
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1declaratory approval
AllegroTrans
4notice of preliminary (pre-)approval
Adrian MM.


Discussion entries: 2





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
declaratory approval


Explanation:
This pdf gives a good outline of the law on Foundations in Swizerland
https://www.rwi.uzh.ch/dam/jcr:ffffffff-97d7-6b6d-ffff-ffffa...


--------------------------------------------------
Note added at 1 hr (2019-12-05 16:52:51 GMT)
--------------------------------------------------

Foundation
The first step in the constitution of a foundation is the drafting of its statutes: the foundation's purpose and its resources, its general organisation, bodies and their respective powers are set out in the foundation's statutes.
Once the statutes are approved by the founder, they must be cleared by the competent supervisory authority, cantonal or federal, depending on the scope of the foundation's activity.
After the preliminary clearance of the statutes by the supervisory authority, it is advisable to file a request for preliminary tax exemption with the tax authorities. Following the supervisory authority's preapproval and the granting of the preliminary tax exempt ruling by the tax authorities, the foundation is formally constituted by public notary deed.

--------------------------------------------------
Note added at 1 hr (2019-12-05 16:54:37 GMT)
--------------------------------------------------

https://uk.practicallaw.thomsonreuters.com/8-633-1801?transi...

AllegroTrans
United Kingdom
Local time: 19:21
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 466

Peer comments on this answer (and responses from the answerer)
agree  writeaway: nothing beats a bit of research
1 hr
  -> thanks

neutral  Adrian MM.: Your quote actually refers to preliminary clearance or pre-approval. Also why Bye-Laws (the term oft-used for les Statuts by UK translation-client lawyers) are secondary to the Statutes needs to be spelled out.
2 hrs
  -> I didn't attempt to explain everything; what is wong with "declaratory approval" here? Approval -> clearance, is there any fundamental difference?
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16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(CH) approbation déclarative
notice of preliminary (pre-)approval


Explanation:
The translation ought to read vaguely like English rather than franglais, plus refs are not enough. The empirical example of d/w Anglo-American translation-client lawyers and courts who describe 'les statuts' as By(e)-Laws for a Foundation ought to be watched. In a Trust /Treuhand, the Bye-Laws (Beistatuten) are always a semi- or fully secret trust spelling out Willed gifts and secret beneficiaries in a separate document.

Example sentence(s):
  • Following the supervisory authority's *pre-approval* and the granting of the preliminary tax exempt ruling by the tax authorities, the foundation is formally constituted by public notary deed.

    Reference: http://www.linguee.fr/anglais-francais/traduction/notice+of+...
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 39
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