Glossary entry

Italian term or phrase:

statuto di fondazione

English translation:

constitution of the foundation (UK) / Charter/Articles of Incorporation (US)

Added to glossary by CristianaC
Aug 9, 2012 07:58
11 yrs ago
8 viewers *
Italian term

statuto di fondazione

Italian to English Bus/Financial Law (general) statuto
hi,
is there a preferred term for foundations "statuto"
I use articles of association but the client would like to use "statute", which I think is ok as well.
Thanks!

Discussion

James (Jim) Davis Aug 9, 2012:
I take you need a Brit En translation for statuto and not for atto costitutivo for a fondazione italiana. I would use constitution which incorporates both functions and you don't have two documents anyway. Also in UK law I think they are being considered as one doc for companies too.
James (Jim) Davis Aug 9, 2012:
Hi Cristiana Take care, "articles of association" would only be used in the UK for a "charitable company" and not a "charitable association" or "small charity". You also have "charitable trusts" in the uK, which have a "Trust deed".
As for statutory in equity: riserva legale = statutory reserve;
riserva statutaria = articles of association reserve / bylaws reserve.

"now I know, inappropriately used" there is so much herd behaviour in Italian financial translation!

CristianaC (asker) Aug 9, 2012:
ok- my attempt to clarify this it seems clear that "statute" is not ok (despite being widely and, now I know, inappropriately used).

the American Terminology (e.g. Ford Foundation indicated by Jim) seems the simplest, as it is the same used for commercial companies
Articles of Incorporation (or founding charter as suggested by Techlaw and Jim) + by-laws
this should be the corresponding for Atto Costitutivo + Statuto in Italian

In BE , the reference entity is the Charity (which however does not correspond exactly to Italian foundations) and there you may have the Costitution of the Foundation (as indicated by Jim) but the Articles of Association as well (depending on the form of organization).
at least this is what I found:

http://www.charitycommission.gov.uk/Start_up_a_charity/Guida...



as I mentioned a Fondazione has both an Atto Costitutivo and a Statuto (just as commercial companies) - whereas the Costitution seems to be all in one
http://www.charitycommission.gov.uk/Library/guidance/gd3text...

so I am stuck as to British terminology if I want to indicate the "statuto" (the rules) rather than the "atto costitutivo"


TechLawDC Aug 9, 2012:
"Statute" is unheard of in English. (My opinion. It is hard to prove a negative.)
Articles of incorporation are for a corporation.
Articles of association are for other entities such as a partnership or association.
Neither has anything to do with bylaws, which are bylaws.

Proposed translations

+3
28 mins
Selected

constitution of the foundation (UK) / Charter/Articles of Incorporation (US)

Hi Cristiana. The client wants "statute" for all the wrong reasons. A statute in US and UK would be immediately be interpreted by most readers as an act of parliament. Some dictionary definitions will suggest it is OK, but if you look for a foundation with a "statute", I doubt you will find it except in translation.

In the UK "Articles of association" are strictly for for- profit companies. I was once the secretary of a friendly society (similar to an onlus or a non profit co-operative) and I had to write the constitution and file it to register it officially. A quick Google shows that it is the same for foundations in the UK (and most of commonwealth). However in the United States a foundation will have a charter or articles of incorporation with bylaws or it may in fact be a trust with a "trust" indenture.

http://www.fordfoundation.org/about-us/governance

https://www.google.com/search?source=ig&hl=en&rlz=&q="consti...



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Note added at 4 hrs (2012-08-09 12:34:24 GMT)
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Can't you just follow the American with articles of incorporation and bylaws. Or go for something like "bylaws incorporated within the constitution (hereinafter just "Bylaws).

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Note added at 1 day11 hrs (2012-08-10 19:39:35 GMT) Post-grading
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"the client will make the final decision"! If you let the client decide, unless you have made a very strong recommendation, she or he will go for statute and we've all be wasting our time. I would say as diplomatically as I can manage: of course you are free... but I strongly recommend .... Oh and please don't put my name on it.

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Note added at 2 days6 hrs (2012-08-11 14:53:31 GMT) Post-grading
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Long live kudoz :).
I just gets me when a client hires an expensive highly qualified and experienced translator and then messes everything up by deciding he or she knows best, and it happens so often.
Not infrequently now I look up an obscure term on kudoz and find that I have actually already answered it.
Note from asker:
Hi Jim, thanks. However there must be a distinction between costitution and "regulations" - in the text I am translating there is also reference to the Atto costitutivo-
Hi Jim, thanks for all your help. I needed to clarify this for myself- the client will make the final decision
I did, I did make my case of course- but Jim, dont say that efforts will be wasted, it is not so, you have no idea how many times I was helped by kudoz, including when points were wrongly assigned, but if you know what you are looking for..... this kuodz is here to stay (well as long as proz will be around!:)
Peer comment(s):

agree Vincenzo Di Maso
10 mins
agree Alison Kennedy
30 mins
agree Dr Lofthouse
4 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "thank you Jim!"
12 mins

founding charter; founding articles of incorporation; founding articles of association

Alternative: (leave out "founding").
Whether it is "incorporation" or "association" depends on the type of entity.
Note from asker:
usually in BE terminology I make a distinction between Memorndum of Association (incorporation AE) and Articles of Association (by-laws) - so I think your answer is referring to the first point, but not the second which is my question.
Hi TechLawDc thanks a lot for your help. The client will decide, you know it's better they feel comfortable with the final choice. Cristiana
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