Jan 24, 2015 12:31
9 yrs ago
4 viewers *
Serbian term

voljni organ

Serbian to English Law/Patents Law (general) companies law
"...skupština se ... određuje kao voljni organ društva, odnosno, kao organ koji reprezentuje volju društva jer se na skupštini volja društva stvara"

I get the explanation but an actual expression in English for "voljni organ" eludes me!

Discussion

Daryo Jan 26, 2015:
In our opinion, the determination of the legal nature of the juridical entity, we should consider the following. The body of the legal entity is an individual or a group of individuals, as without a human constituent, organized somehow, a juridical entity can not exist and operate. The process of formation and expression of the will of the juridical entity mainly depends on the legal form of organization of a juridical and a structure and its organs. Russian legislation provides the most complex system of organs for business companies (especially for stocks). There will-forming and volition organs are distinguished respectively. For juridical companies, mainly the actions of volition organs create rights and duties within the relationship with third parties.
http://www.lifesciencesite.com/lsj/life1112/093_26714life111...
translated from Russian - it seems to be quite difficult to find anything in English about "the will of a legal entity"

Proposed translations

+3
30 mins
Selected

representative body

The House of Representatives, as we call it, is the representative body and the law-making power, and that body is to represent the will of the people.
https://books.google.com/books?id=Qq4DwaVEmXQC&pg=PA1697&lpg...

The other option would be to translate it as a "willing body". But I believe that the choice above is better.
Peer comment(s):

agree Bogdan Petrovic : Ja bih rekao tako. Formulacija na srpskom je nesrećno sročena.
3 hrs
Hvala!
agree SilvijaG
5 hrs
Hvala!
disagree Daryo : context "companies law" so: društvo = trgovačko društvo + skupština = skupština deoničara
8 hrs
agree Mihailolja
1 day 20 hrs
Hvala!
agree Natasa Djurovic
2 days 20 hrs
Hvala!
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2 KudoZ points awarded for this answer. Comment: "Thanks. I am not 100% sure this is a direct equivalent - the quote re: the House of Representatives is described as the representative body, and then the quote GOES ON to say that it represents the will of the people, but that is not actually to say that this can be considered a direct translation of the term. However, this is the term I would probably use - the other solutions are a little lacking in support. In particular I avoid the use of "organ" in English for "body, authority" etc."
1 day 2 hrs

volitional organ, organ of volition


American National Red Cross is a human-compassionate organization which offers emergency assistance, disaster relief and education in United States. Red Cross is nominated U.S associate of IFRCRCS (stands for: International Federation of Red Cross and Red Crescent Societies). It stops and relieves the human hardships when confronted with crisis by deploying the wise work of volunteers and donors aid. It is a volitional organ, that claims it is not working for any desire of money. As there is only one Red Cross movement in the country which is functioning for wiping human damages, so it is available throughout the nation. It gives equal importance/rights to all communities and societies rather concerning on race, creed or religion.
http://www.econtactx.com/category/contact-details/page/19/

In fact, the first step is represented by the autonomy that the legal public service companies must have from the local authority; a second point is represented by the consequent separation of policy responsibilities (pertaining to the volitional organ) from those associated with the service production (pertaining to the company); and a third, by the mandatory introduction of public competition procedures for the selection of a shareholder, a partner or a "best” manager to entrust, pro tempore, the management of the service.
https://books.google.rs/books?id=X0W9BAAAQBAJ&pg=PA4&lpg=PA4...

COMMERCIAL LAW
c. Organs
The organs of a joint stock company are the general assembly, the board of directors and the auditors.
aa. General Assembly: It is the highest organ of volition and decision of the joint stock company.
http://www.universaldil.com/ceviriornek/inghukuk.pdf
Peer comment(s):

neutral Daryo : sounds plausible, but the first link is about "being willing to ignore profit as motivation" the other two are translations from Italian and Turkish - any refs in EN?
13 hrs
Druga ref. je iz knjige u izdanju Springera (i to štampano izdanje). Autori su Italijani, ali verujem da takva renomirana kuća svakako ima vrhunske lektore za engleski. BTW, zar nije veći problem ne dati baš nijednu referencu?
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+2
9 hrs
Serbian term (edited): voljni organ [trgovačkog] društva

organ expressing the will of the company

"...skupština se ... određuje kao voljni organ društva, odnosno, kao organ koji reprezentuje volju društva jer se na skupštini volja društva stvara"

"... the General Assembly ... is defined as the organ expressing the will of the Society [i.e. the company], or as the organ were the will of the Company is expressed, as it is at the meeting of shareholders//General Assembly [be it the AGM or an extraordinary General Assembly] that it is decided what the "will" of the company will be.

trgovačko društvo / the commercial society / the company [a moral person] is compared here to a natural person - "the will of the company" is another name for "what the company wants to do", or in other words, the general business strategy that will be followed by the company.

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Note added at 4 days (2015-01-28 17:40:38 GMT)
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Other than for corporate manslaughter offences, to which a separate legal regime applies, companies can generally only be found criminally liable for the acts of employees or agents if the offender was a "directing mind" and the act was the "will of the company". Case law and guidance from the Crown Prosecution Service (CPS) limits this to actions by the Board of Directors, managing director and other senior officers who carry out management functions and speak and act as the company.

http://www.out-law.com/articles/2013/june/companies-should-b...

The Operation of a Cyprus Company
More from Setup & Management
Forms of Cypriot business entities.

There are primarily 7 forms of business vehicles that are used in Cyprus.

These are:

Cyprus Company,
Branch,
Partnership,
International trust,
international collective investment scheme,
Cypriot investment firm
European company.
Cyprus Company Law: Origins

The Cyprus legal system is based on the Anglo-Saxon model of law. Cypriot companies are regulated by the Cyprus Companies Law, Cap. 113. This law was introduced in 1951 and it is actually a copy of the English Companies act of 1948. The law has been revised several times after Cyprus’s succession in the European Union, and it is now fully compatible with all the European company law directives.

The key features of a Cyprus company are the following:

The ownership of the company, in other words the shares may be belong to natural or legal persons.

The company once incorporated has separate legal personality. In other words in law it is considered as a separate legal entity.

A company is also regulated by law. This means that the organization, the structure, the powers and duties of the officers of the company and the powers duties and obligations of the company itself are regulated by statute.

The Organs of a Cyprus Company

A Cyprus company is in essence governed by two organs:

The Board of Directors and
The General Meeting.

Reference must also made to the company secretary who is the administrative officer of the company having administrative functions.

The Board of Directors is the executive body of the company. It is composed by the directors who are considered as the agents of the company. They are the voice and the eyes of the company and they represent it in all outside transactions.

They are also the mind of the company in the sense that they think, decide and express the will of the company.

Another important aspect of the office of the director is that directors are also trustees of the company’s property. This is a special legal relationship which means that the directors have to display due dilligence and exercise care and skill when they carry out their functions as directors.

The General Meeting, on the other hand, is the forum or the organ where the owners of the shares of the company express their voice and take their decisions.

The general meeting has powers that are included in the Companies Law and in a company’s constitutional documents : the Memorandum and Articles of Association.

Many times the question is asked as to which of the two bodies: the Board of Directors or the General Meeting has the final word in deciding the affairs of the company.

The answer is that the shareholders through the General Meeting, have the final word in a company because they control the appointment and removal of directors.

- See more at: http://www.cypruscompaniesportal.com/setup-and-management/th...

[specijalno dodato za Neverne Tome]
Peer comment(s):

agree sofijana
1 day 10 mins
Hvala!
agree Vesna Markovic
1 day 10 hrs
Hvala!
neutral Natasa Stankovic : Po meni, to bi bio prevod za drugi deo rečenice “…organ koji reprezentuje volju društva…”, a to se ovde ne traži. Takođe, u srpskom je: company = privredno društvo (a ne trgovačko) - http://www.pks.rs/poslovnookruzenje.aspx?id=815&p=0
1 day 16 hrs
"privredno/trgovačko društvo" is a secondary aspect of this question - the main problem/trap NOT to fall into is to confuse with plain "society/ društvo" represented by a national parliament
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