Aug 10, 2004 16:43
19 yrs ago
2 viewers *
English term

and service upon such agent or attorney shall constitute service upon the bearer

English to Chinese Law/Patents Law: Contract(s)
Where shares are issued to bearer, the bearer, identified for this purpose by the number of the share certificate, shall be requested to give to the Company the name and address of any agent or attorney for service of any notice, information or written statement required to be given to members, and service upon such agent or attorney shall constitute service upon the bearer of such shares. In the absence of such name and address being given, it shall be sufficient for purpose of service for the Company to publish the notice, information or written statement in a newspaper circulated in the British Virgin Islands, and in a newspaper in the place where the Company has its principal office.
and service upon such agent or attorney shall constitute service upon the bearer of such shares怎么理解?
TIA

Discussion

Wenjer Leuschel (X) Aug 15, 2004:
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Proposed translations

+2
4 hrs
Selected

对该代理人或授权律师发出通知书将视为对股份持有人的通知

I am not positive about the use of "通知 " and "发出" here, but "service" here is a legal term meaning to officially give someone a legal document. It has nothing to do with fu2wu4 so far as I know. If this is not the case, I'd appreciate someone telling me.

(This is what my 建宏出版社英汉汉英法律词典 has to say).

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Note added at 4 hrs 26 mins (2004-08-10 21:10:32 GMT)
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Please note the object of the verb: \"service of any notice...\"
It could not possibly be \"fu2wu4\".

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Note added at 4 hrs 27 mins (2004-08-10 21:11:19 GMT)
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Please note the object of the verb: \"service of any notice...\"
It could not possibly be \"fu2wu4\".
Peer comment(s):

agree chica nueva : Thank you Terry. My thoughts too, and I was busy Googling on it. Finally 'service of notice 通知' brought up '送达'...
18 mins
Thanks to you too. Funny how we almost never think of opening dictionaries anymore...yet I do have some nice ones here. I'll have to check them more!
agree Raymond Chu : In legal language, "service" means 送達.
10 hrs
Thanks, Raymond. I know you're an expert in this field.
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4 KudoZ points awarded for this answer. Comment: "thanks!"
+1
15 mins

对那样的代理人或授权律师的服务即为对股权持有人的服务

对那样的(前述之)代理人或授权律师的(通知)服务即为对股权持有人的(通知)服务
Peer comment(s):

agree Chinoise
8 mins
Thanks.
agree Ritchest : 对这类(前述之)代理人或授权律师的(通知)服务即为对股权持有人的(通知)服务
15 mins
Thanks.
disagree chica nueva : service = 送达?
4 hrs
Thanks, Lesley. 通知服务 = service (here).
neutral Terry Thatcher Waltz, Ph.D. : None of the legal sources I have consulted use "fu2wu4" in this context...and "legal service" has nothing to do with the normal concept of "service" in English.
23 hrs
Thank you. But, I wouldn't mind to have "fu2wu4" in this context.
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4 hrs

bearer = 持有人;持票人;无记名 constitute = 被认为是

bearer = 持有人;持票人;无记名

bearer bond = 无记名债券
bearer check = 来人支票;无记名支票
bearer draft = 无记名汇票
bearer paper = 无记名票据
bearer shares = 无记名股票
bearer stock = 无记名股票

constitute = to be considered the same as something 被认为是 eg This constitutes an important breakthrough in medical knowledge. 这被认为十医学知识的一项重大突破. See: http://www.proz.com/kudoz/782230


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Note added at 4 hrs 42 mins (2004-08-10 21:26:10 GMT)
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service = 送达:

申请表格常用词语及常用移民法术语1
... address n.地址,住址 address for service(令状,传票的)送达地址 addresee n ... n. 移民;
移居;移居入境 immigration law 移民法 immigration and Naturalization Service 移民局(全
称 ... n.非移民;a.非移民的 nonimmigrant worker n.非移民工人,非移民劳工 notice n.通知 ...
toeflcn.net/tw8105.htm - 21k - Cached - Similar pages

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Note added at 7 hrs 4 mins (2004-08-10 23:48:23 GMT)
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http://www.proz.com/kudoz/725979
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15 hrs

對該代理人或律師之送達即構成對該股份持有之送達

In legal English, "service" means 送達 (of notice, documents, etc.) If a notice 通知 is not legally "served" it is not legally effective. A bearer of shares "issued to bearers" 無記名股份持有人 does not have to register his name with the corporation. He can appoint an agent or attorney to receive notice of meetings, minutes, and other documents for and on behalf of him. If he does give to the company the name and address of his agent or attorney for the purpose of receiving notices and documents, the delivery (service) by the company of any notice or document to such agent or attorney will be legally deemd as having been delivered to (served upon) the bearer himself, which case constitutes a "legal service" effective under law.
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