Dec 18, 2017 23:17
6 yrs ago
26 viewers *
Spanish term

la legal existencia y subsistencia

Spanish to English Bus/Financial Law: Contract(s)
Text:

"El compareciente acredita la legal existencia y subsistencia de su representada, mediante los siguientes documents, que yo, el Notario, doy fe tener a la vista.
I. Constitución. Se hace constar la constitución de la sociedad (...)"

The document I'm translating is an agreement for amending corporate bylaws (for a Mexican corporation). The phrase above is the beginning of the recitals section. I get that both "existencia" and "subsistencia" likely refer to the company's legal existence, but I'm not sure how to distinguish those two.

Proposed translations

+3
42 mins
Selected

the lawful formation and continued existence

In relation to companies, there are also phrases such as "duly organized" and "validly existing" which you might be able to apply in some form or other. Although these terms are commonly used to denote that a company has been organized in accordance with the law and continues to do business (i.e., no resolution has been made to dissolve it), there seems to be a fair amount of discussion as to what they might actually mean in US corporate law, so I don't think they necessarily have to be used in this context.

In any case, as fair as I know, "legal existencia y subsistencia" isn't a common legal term of art in Mexico.

To furnish proof of continued existence then, the secretary of state must issue a certificate of good standing. This confirms the due and proper formation as well as the continued existence of the corporation as a legal entity as of the certificate’s date of issue.
http://www.businesslaw-magazine.com/2017/03/02/the-company-w...

As mentioned in the paragraph above, perhaps simply "good standing" is also an option here.





Peer comment(s):

agree philgoddard
2 hrs
Thanks, Phil.
agree patinba : Neat!
12 hrs
Thanks, Pat.
agree Pablo Cruz
14 hrs
Thanks, Pablo.
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
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