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aquí es que se concentra la demanda
ofrecen el aprovechamiento idóneo
Jan 19, 2018 02:35
6 yrs ago
103 viewers *
Spanish term

mandato especial con representación

Spanish to English Law/Patents Law: Contract(s) Articles of Incorporation
Hello Everyone,
I need help translating the phrase 'mandato especial con representación' found in the articles of incorporation of a company. The full phrase is as follows:

Los Socios en Junta General, podrán por unanimidad tomar la decisión de otorgar mandatos generales y/o especiales con representación, en los que estipulen las facultades y limitaciones que se confieren al mandatario.

I've tried several searches in Google but I get too few results for them to be the correct translation, here are my attempts so far:
special power of attorney with representation
limited power of attorney with representation
special mandate with representation
limited mandate with representation

Thanks in advance!
Proposed translations (English)
5 +2 Special power of attorney [or simply: power of attorney]
5 +1 special power of attorney
5 limited power of attorney
2 +2 special mandate with representation

Discussion

Maximo Wilhelm Muñoz Jan 23, 2018:
You are welcome William. I have had 3 Proxies myself. I have been a legal representative and also had successfully concluded them. The grantor, who is my mother, was properly represented by me.
I´m glad I learned lots of things while being a proxy.
Have a great day!!!
Maximo Wilhelm Muñoz Jan 19, 2018:
Legal persons. Legal persons are the ones who legally (with a proxy or power of attorney) represents a company. Natural persons would be common persons with no obligations. Legal persons can be proxies (a proxy is a person who holds a mandate or power of attorney). An attorney in fact also does, since they basically represent their clients, and in the name of them they can simply show up before a Judge or so. A proxy can also be the mere mandate document, so you know. Keep it up everybody!!! :D
AllegroTrans Jan 19, 2018:
Point of importance This is about shareholders authorising persons to act for the company, in this case also to represent the company. Query whether this would be a power of attorney (which would be a "poder"). I don't regard "mandate" and "power of attorney" to be synonyms. The first can be a simple letter of authority but a POA has to be in a very specific format + there are other differences. See https://www.quora.com/What-is-the-difference-between-mandate...

Proposed translations

+2
10 mins
Selected

Special power of attorney [or simply: power of attorney]

Special power of attorney [or simply: power of attorney]

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Note added at 4 días (2018-01-23 17:28:28 GMT) Post-grading
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Muchas gracias por la elección William. ¡Saludos!
Reference:

https://www.investopedia.com/terms/s/special-power-attorney.asp

Note from asker:
Gracias a ti!
Peer comment(s):
agree philgoddard : It has to be "special" because of the context. But "with representation" is redundant, because power of attorney means authorisation to act on the company's behalf.
14 hrs
Thank you for your comments. Best of all to you. :D
agree Susana Cabello M.
14 hrs
Thank you for your comments. Best of all to you. :D
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks Maximo!"
12 mins

limited power of attorney

Limited Power of Attorney [also: Special Power of Attorney or simply: Power of Attorney].
¡Saludos!
Reference:

https://www.investopedia.com/terms/s/special-power-attorney.asp

Note from asker:
Thanks for your help Maximo!
Something went wrong...
+2
16 mins

special mandate with representation

https://www.proz.com/kudoz/spanish_to_english/law_contracts/...
From Thomas West's dictionary:
mandato con representación - agency involving a disclosed principal
mandato sin representación - agency involving an undisclosed principal.

From Javier Becerra's Mexican legal dictionary:
contrato de mandato - mandate, power of attorney; an agreement where the agent (called mandatario) agrees, usually for consideration, to act for the principal (called mandante) under a power of attorney.

https://www.proz.com/kudoz/spanish_to_english/law_contracts/...
contrato de ***mandato especial con representación*** [see options]

".... may unanimously make the decision to grant general and/or special mandates with representation ..." may work.
Note from asker:
Thanks Taña! I think I will go with Julieta's suggestion but I will definitely check with the client just to make sure, your answer also makes a lot of sense. Thank you all!
Peer comment(s):
agree AllegroTrans : I think "mandate" is correct here because it seems unusual to me to grant powers of attorney within a company; I think this would just be a written authority, otherwise the source text would have specified "poder".
8 hrs
Thank you Allegro.
agree Maximo Wilhelm Muñoz : Hello Taña. Good explanation. I unfortunately didn´t have the time when I entered my answer for the explanation of it. mandate is the synonym for power of attorney. Still, all of the proxys or powers of attorney go along with the representation. Limited P
8 hrs
Thank you Máximo, but see Allegro's explanation in discussion box.
neutral Robert Carter : I like your references, Taña, but I don't agree with your final translation. I'd go with West's idea here, as Becerra also uses it, and its backed up by the description in Julieta's Mexican SC link. Saludos!
15 hrs
Thanks.
Something went wrong...
+1
7 hrs

special power of attorney

"Mandato especial con representación" refers to a special power of attorney in which the agent acts on behalf of the principal. This idea of "acting on behalf of" is already included in the definition of special power of attorney, so there is no need to specify it in English. Just special power of attorney gives the same idea, as you can see in this definition:

https://www.investopedia.com/terms/s/special-power-attorney....

Mandato con o sin representación:

El artículo 2560 del Código Civil para el Distrito Federal alude a lo que la doctrina ha denominado mandato con o sin representación, al estipular que el mandatario podrá desempeñar el mandato tratando en su propio nombre o en el del mandante.

https://sjf.scjn.gob.mx/sjfsist/paginas/Reportes/ReporteDE.a...
Reference:

https://sjf.scjn.gob.mx/sjfsist/paginas/Reportes/ReporteDE.aspx?idius=162346&Tipo=1

https://www.investopedia.com/terms/s/special-power-attorney.asp

Note from asker:
Thank you Julieta and every one else who contributed. I think I will go with Julieta's answer given that it is not specified who the agent is.
Thanks for your help Julieta!
Peer comment(s):
agree Maximo Wilhelm Muñoz : {Con cláusula especial{ refers to specific clauses within the mandate or power of attorney. That´s the main reason at some point it also is a limited one; right Julieta? Best of all to you too. :D
7 hrs
neutral Robert Carter : Good reference, Julieta, by why no mention of "con representación"? Your Mexican SCJ reference shows there is a difference between the two.
7 hrs
Because "con representación" means that the agent is acting on the name of the principal, and there is no such distinction in English. The definition of special power of attorney already implies an agent acting on the principal's name.
Something went wrong...
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