en présence de

English translation: and

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:en présence de
English translation:and
Entered by: AllegroTrans

00:21 Apr 9, 2021
French to English translations [Non-PRO]
Law/Patents - Finance (general) / Shareholders agreement (France)
French term or phrase: en présence de
Pacte d'Associés

Entre

XXXX S.A.
YYYY GmBH


Et

AAAA
BBBB

Et

CCCC, DDDD, EEEE, FFFF etc. Les Investisseurs

En présence de

ZZZZ S.A.

ZZZZ is a company launching a financing round. XXXX and YYYY are invstment companies, AAAA and BBBB are the two founders (individuals) CCCC DDDD etc. are a long list of Investors (individuals, venture capitalists and companies) who will be assigned shares of various categories.

ZZZZ has agreed to be the representative for the financing round and has signed a "pacte d'adhésion".

Whilst I can understand what "en présence de" effectively means I want the equivalent expressiion that would be used in an English language agreement of this kind. "In the presence of" simply dies not sound correct.
AllegroTrans
United Kingdom
Local time: 18:35
and / (3)
Explanation:
See discussion

Just use 'and'

or 'agreement between'
(1) founders...
(2) investors...
(3) company...

to folllow English conventions and not mislead the readership with French conventions
Selected response from:

Cyril Tollari
France
Local time: 19:35
Grading comment
Thanks you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2In the presence of
Conor McAuley
4 +1In attendance
Andrew Bramhall
4 +1and / (3)
Cyril Tollari
3 +1with
Marge Hogarty
3before
Daniel Frisano
2on behalf of
SafeTex
Summary of reference entries provided
drafting shareholders' agreements
Nikki Scott-Despaigne

Discussion entries: 10





  

Answers


10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
In attendance


Explanation:
Although don't see any valid objection to a literal translation here in all honesty;

Andrew Bramhall
United Kingdom
Local time: 18:35
Native speaker of: Native in EnglishEnglish
PRO pts in category: 25
Notes to answerer
Asker: Thanks, and yes, probably nothing lost with a literal translation. Would be interesting to know what an English language shareholder agreement would use in the circumstances though


Peer comments on this answer (and responses from the answerer)
agree  Francois Boye
12 hrs
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
with


Explanation:
It seems almost too simple, but "with" seems to indicate an agreement between ZZZZ and the other parties. It's hard to be sure, though, without knowing what the following sentence is.

Marge Hogarty
United States
Local time: 14:35
Works in field
Native speaker of: Native in EnglishEnglish
Notes to answerer
Asker: Thanks Marge, there is no following sentence, this is simply the first page of the agreement, listing the parties. The term doesn't appear anywhere else.


Peer comments on this answer (and responses from the answerer)
agree  philgoddard
29 mins
  -> I still think "with" is ok. Generally, when there are only 2 parties, you would use "and", but here there are multiple parties, so I guess all the first parties are contracting "with" ZZZZ.
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2 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
on behalf of


Explanation:
Those in the pact are going to organise a financing round on behalf of ZZZ SA. Perhaps this is okay then?

SafeTex
France
Local time: 19:35
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 40
Notes to answerer
Asker: Thanks but I somehow think although true, using this would be over-translation

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10 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
before


Explanation:
Usually it's "before" a notary or other official. Perhaps it may apply here too.

Daniel Frisano
Italy
Local time: 19:35
Works in field
Native speaker of: Native in ItalianItalian
PRO pts in category: 4
Notes to answerer
Asker: Thanks Daniel, but there was no notary and all of the parties signed the agreement electonically.

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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
In the presence of


Explanation:

No need to read anything more into it. I'll try to come back with more after looking at my records.

--------------------------------------------------
Note added at 12 hrs (2021-04-09 12:49:58 GMT)
--------------------------------------------------

I think the term means both that the party has been made aware of the contents of the agreement and that it was signed in the presence of that party, and almost certainly that the party was a signatory of it, see this example (I hope the link to the PDF works):

PACTE D'ACTIONNAIRES ENTRE - Bordeaux Métropolehttps://www.bordeaux-metropole.fr › file_pdf › 4...
PDF
EN PRESENCE DE : BORDEAUX METROPOLE ENERGIES, société anonyme d'économie mixte locale au capital de. 139.054.863 € dont le siège social est ...


Also this, from the glossary (apologies, I appear in the discussion, pure chance):
https://www.proz.com/kudoz/french-to-english/law-contracts/1... (I don't think "pris" has any special meaning here.)


Nothing from my own records (the search function is almost useless since it changed with Windows 10), but I have always translated the term this way, without a second thought.

And, if the worst comes to the worst, the French version of the contract will have a prevailing language clause, and the exact wording of this should not be particularly dispute-generating.


I think you're only other option is to google the term to death -- I don't have time to do that today.

--------------------------------------------------
Note added at 12 hrs (2021-04-09 12:53:19 GMT)
--------------------------------------------------

oh dear

Correction: not "you're" - your!!! I must be getting old.

This link should work:

https://www.bordeaux-metropole.fr/content/download/110940/fi...

--------------------------------------------------
Note added at 20 hrs (2021-04-09 21:09:09 GMT)
--------------------------------------------------

English language shareholder agreement equivalent.

Maybe:

"Witnessed by..."
There is a Witness here, at the end.

or
"Co-signatory:"

I need to do some more googling on these two terms.

--------------------------------------------------
Note added at 20 hrs (2021-04-09 21:13:35 GMT)
--------------------------------------------------

here, at the end: https://www.lawinsider.com/contracts/8T5HgSt2KSI

"En présence de" always refers to an interested party, in my experience, but I don't know how to bridge the gap between that and the literal meaning of the text (which makes sense on its own, in any case).

--------------------------------------------------
Note added at 23 hrs (2021-04-09 23:47:33 GMT)
--------------------------------------------------

AHAAAA!!! Is this a bit of a breakthrough? Several more options in fact.

Albeit in a European court decision, official translation though, and in the legal subject area:
About 15 lines down from the top

EN: intervener:
FR: en présence de :

https://eur-lex.europa.eu/legal-content/EN-FR/TXT/?fromTab=A...

I do like intervener, it chimes with my "interested party" in my post above. ("Intervenant" in French, tangentially involved, but not a party to the agreement, as I think Cyril notes in the Discussion.)

****

A European court decision, again, and legal terminology again:

EN: other party to the proceedings: [other party tangentially involved, in the context of the question]
FR: en présence de:

https://eur-lex.europa.eu/legal-content/EN-FR/TXT/?from=FR&u...

****

The term "en présence de" does appear here in a non-searchable bilingual Shareholder's Agreement (PDF document), but unfortunately one of my OCR resources and also a CAT tool couldn't convert it to searchable text. Probably a red herring anyway.

SHAREHOLDERS AGREEMENT - AWS Simple Storage ...https://s3.amazonaws.com › documents › cif-csi-g...
PDF
SHAREHOLDERS AGREEMENT. PACTE D'ACTIONNAIRES ... SHAREHOLDERS AGREEMENT. BETWEEN: (1) THE ... en presence de : Administrateur.

https://s3.amazonaws.com/s3.documentcloud.org/documents/3168...

Anyway, the EU references are food for thought. Hope this helps.

Conor McAuley
France
Local time: 19:35
Specializes in field
Native speaker of: English
PRO pts in category: 127
Notes to answerer
Asker: Yes, I'm very tempted to use this or "with the attendance of". I just wondered whether there was a specific English form of words used by the draftsmen/people of shareholder agreements


Peer comments on this answer (and responses from the answerer)
agree  Saeed Najmi
10 hrs
  -> Thanks Saeed!

agree  Yolanda Broad
18 hrs
  -> Thanks Yolanda!

neutral  Cyril Tollari: I agree that the Company is a signatory, but I believe the intent in French is to introduce the Company as a party to the agreement with the right wording since the company is not an 'associé' and this agreement is between 'associés' as per its name.
20 hrs
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1 day 7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
and / (3)


Explanation:
See discussion

Just use 'and'

or 'agreement between'
(1) founders...
(2) investors...
(3) company...

to folllow English conventions and not mislead the readership with French conventions

Cyril Tollari
France
Local time: 19:35
Works in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 4
Grading comment
Thanks you!

Peer comments on this answer (and responses from the answerer)
agree  Yvonne Gallagher: Yes. No need for any convoluting...
1 day 9 hrs
  -> Thank you
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Reference comments


12 hrs peer agreement (net): +4
Reference: drafting shareholders' agreements

Reference information:
This type of source may provide inspiration.

https://www.netlawman.co.uk/g/shareholder-documents

Some of the sources can be downloaded FOC.

Nikki Scott-Despaigne
Native speaker of: Native in EnglishEnglish
PRO pts in category: 162

Peer comments on this reference comment (and responses from the reference poster)
agree  writeaway
10 mins
agree  Yolanda Broad: Nice reference!
7 hrs
agree  Marge Hogarty
9 hrs
agree  Cyril Tollari
20 hrs
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