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  3. Law: Contract(s)

instrumentalmente transmitida

English translation: transferred, using the instrument for the same

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:instrumentalmente transmitida
English translation:transferred, using the instrument for the same
Entered by: Barbara Cochran, MFA

14:12 Apr 7, 2021
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / share transfer process
Spanish term or phrase: instrumentalmente transmitida
This is for the transfer of shares from one company to another.

"La posesión de las participaciones se entenderá instrumentalmente transmitida por la formalización del ejercicio de la opción."

I'm not 100% sure about this (hence why I'm asking you wonderful guys and gals!).... but I think that, since an instrument is "a written legal document such as a contract, lease, deed, will or bond", then "instrumentalmente transmitida" should mean "transferred via legal written document"? [that's what I'm going with in the absence of any brighter ideas!]

Many thanks.
Comunican
United Kingdom
Local time: 16:42
transferred, using the instrument for the same
Explanation:
Known as "instrument of transfer": https://www.lawinsider.com/dictionary/instrument-of-transfer
Selected response from:

Barbara Cochran, MFA
United States
Local time: 11:42
Grading comment
Thank you Barbara. Although I didn't use your precise translation, I found your contribution and comments to me the most helpful. Many thanks to you and everyone else.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2transferred, using the instrument for the same
Barbara Cochran, MFA
4 +1transferred by way/by means of instrument
AllegroTrans
4instrument of transferral
Robert Carter
3 +1Possession ..... to have constructively passed
Adrian MM.
3instrumentally transferred
Marcelo Viera


Discussion entries: 3





  

Answers


21 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
transferred, using the instrument for the same


Explanation:
Known as "instrument of transfer": https://www.lawinsider.com/dictionary/instrument-of-transfer

Barbara Cochran, MFA
United States
Local time: 11:42
Native speaker of: Native in EnglishEnglish
PRO pts in category: 63
Grading comment
Thank you Barbara. Although I didn't use your precise translation, I found your contribution and comments to me the most helpful. Many thanks to you and everyone else.

Peer comments on this answer (and responses from the answerer)
agree  Patricia Fierro, M. Sc.
4 hrs
  -> Mil gracias, Patricia.
agree  Orkoyen (X)
5 hrs
  -> Thanks, Orkoyen.
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38 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
instrumentally transferred


Explanation:
...company to which the stock of the parties had been instrumentally transferred, the power of Congress would attach and find...
https://books.google.com.uy/books?id=zh0rAAAAYAAJ&pg=PA251&l...


    https://books.google.com.uy/books?id=zh0rAAAAYAAJ&pg=PA251&lpg=PA251&dq=%22instrumentally+transferred%22&source=bl&ots=wQnn7Z4xnv&sig=ACfU3U
Marcelo Viera
Uruguay
Local time: 12:42
Native speaker of: Spanish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Literal translatiion doesn't really work here
1 day 19 hrs
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
instrument of transferral


Explanation:
You might consider taking a different approach here, e.g.,

"The formal written exercise of the option shall be deemed to be the instrument transferring possession of the shares".

Robert Carter
Mexico
Local time: 09:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 558
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
La posesión ... instrumentalmente transmitida
Possession ..... to have constructively passed


Explanation:
Constructively > impliedly or vicariously and ties up with the shall be deemed.....

I'm unsure instrumentalmente has the meaning of a 'proper instrument of transfer' > query, the form - oral or written - taken by 'formalización del ejercicio de la opción'.

Instrumental also has the meaning of a 'nominee' - see the second weblink: un agente instrumental being an agent acting *vicariously* as a nominee.

Example sentence(s):
  • constructive possession - (law) having the power and intention to have and control property but without direct control or actual presence upon it
  • Instrument of Transfer means an instrument which is effective to transfer an interest in property; it includes but is not limited to a will, a deed, a contract to transfer or bill of sale absolute vs. by way of mortgage

    Reference: http://www.proz.com/kudoz/spanish-to-english/law-patents/104...
    Reference: http://es.thefreedictionary.com/instrumental
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 278

Peer comments on this answer (and responses from the answerer)
neutral  Robert Carter: Interesting point you raise, but if it meant "constructively" I would expect to see "tácitamente" or "para todos los efectos" or something similar in the Spanish, rather than "instrumentalmente". "Formalización" generally means a formal writing.
18 mins
  -> true, but used adverbially this 1. comes within the indirect-control of my first example sentence and 2. the context struck me as more akin to una sociedad instrumental > a nominee company rather than anything to do with a proper inst. of transfer
agree  philgoddard: I don't believe this has anything to do with instruments. This gives "implemental" as one definition, ie "as a means to an end, effectively". http://www.thefreedictionary.com/instrumentally
20 hrs
  -> Thanks, Phil. I thought I'd nailed it, but apparently not....
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20 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
transferred by way/by means of instrument


Explanation:
Share transfers: are the provisions of section 112(2) of the ...
https://uk.practicallaw.thomsonreuters.com › ...
30 Aug 2018 — ... the Companies Act 2006 subject to section 770 of the Act, such that shares have to be transferred by way of a "proper instrument of transfer"?


1) Shares may be transferred by means of an instrument of transfer in any usual form or any other form approved by the directors, which is executed by or on behalf of the transferor. (2) No fee may be charged for registering any instrument of transfer or other document relating to or affecting the title to any share.

Company Law Club // Transferring shares



AllegroTrans
United Kingdom
Local time: 16:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 577

Peer comments on this answer (and responses from the answerer)
agree  Luis M. Sosa
3 hrs
  -> thanks
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