Dec 20, 2022 06:23
1 yr ago
10 viewers *
Hebrew term

שאינה נינתנת להתנאה

Hebrew to English Other Law (general) Articles of Association
This phrase appears repeatedly in my text, can't seem to understand what it's referring to.
Here's one sample sentence:
ככל שאין הוראה אחרת בדין (שאינה ניתנת להתנאה), החברה תהיה רשאית לכנס אסיפה כללית בהודעה של 14 ימים מראש.
Anyone?
Thanks!

Discussion

Shalom Bresticker Dec 20, 2022:
I don't know what the legal terms are, but this is from the same root as תנאי. It means that one is not allowed to specify otherwise in the articles of association, or whatever the document is. There are standard rules which apply only if not explicitly specified otherwise. This means that you are not allowed to specify otherwise.

Proposed translations

+1
11 mins
Selected

which cannot be stipulated against

Just one possible version
Note from asker:
Thank you very much! So helpful!
Very helpful, thank you so much!
Peer comment(s):

agree J. Lerner : agreeing with Frank, but wondering if a form of "unconditional" could be used
7 hrs
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4 KudoZ points awarded for this answer.
2 hrs

that cannot be overriden or waived (disregarded -> opted / contracted out of)

Compare 'derogate from (by law)' in other, esp.- Romance - lingos.

In the UK, 'Table A' Artilces of Association - with individual opt-out clauses - used to be automatically adopted if the company didn't file any at Companies House. No opt-out of notice of meeting provisions for alterations thereto or e.g. payment of stamp duty on conveyances of land.
Example sentence:

The exclusion of the obligation to make an offer requires that an opting(-)out clause be included in the articles of association.

When a company limited by shares was incorporated, it didn't need to file articles if it used 'Table A' as its articles.

Note from asker:
Thank you, I like this wording for the phrase.
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