akte op twintig julii tweeduizend voor dhr. Rijswijk, notaris te Groningen

English translation: before (here)

05:46 Jan 26, 2015
Dutch to English translations [PRO]
Law/Patents - Law (general)
Dutch term or phrase: akte op twintig julii tweeduizend voor dhr. Rijswijk, notaris te Groningen
De aandelen genummerd 1 tot en met 10 zijn door verkoper sub 2 .b. — verkregen bij oprichting van de vennootschap blijkens akte op twintig juli tweeduizend voor dhr Rijswijk, notaris te Groningen, verleden

I am embarassed by "VOOR" - does it mean that the notary has received the shares?
Yevgeni Gerasimenko
Ukraine
Local time: 10:00
English translation:before (here)
Explanation:
"is the physical presence of the signer before the notary"

http://www.asnnotary.org/?form=basicduties
Selected response from:

freekfluweel
Netherlands
Local time: 09:00
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +10before (here)
freekfluweel
4 +2in the presence of
katerina turevich
Summary of reference entries provided
executed in the presence of
Kitty Brussaard
The opinion of a British Notary Public
sindy cremer

Discussion entries: 24





  

Answers


17 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +10
voor (hier)
before (here)


Explanation:
"is the physical presence of the signer before the notary"

http://www.asnnotary.org/?form=basicduties

freekfluweel
Netherlands
Local time: 09:00
Native speaker of: Native in DutchDutch
PRO pts in category: 14
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Nicole Coesel
40 mins
  -> Dankjewel!

agree  Henk Sanderson
1 hr
  -> Dankjewel!

agree  katerina turevich: "in the presence of" is the more or less established phrase.
2 hrs
  -> Er staat niet "in het bijzijn van"... Dankjewel!

agree  writeaway: another amazinq question. before is what's generally used. the notary is more than just present.
5 hrs
  -> Thanks!

agree  philgoddard
7 hrs
  -> Thanks!

agree  Kirsten Bodart: The notary is an official figure, so 'before'. 'In the presence of' would be for witnesses, IMO.
7 hrs
  -> Dankjewel!

agree  Richard Purdom
7 hrs
  -> Thanks!

agree  Kitty Brussaard: verleden voor >> executed before
8 hrs
  -> Dankjewel!

agree  sindy cremer
2 days 11 hrs
  -> Dankjewel!

agree  Michael Beijer
4 days
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
in the presence of


Explanation:
in the presence of


It's immediate synonym and 'meaning' is "in front of", used more colloquially



--------------------------------------------------
Note added at 4 uren (2015-01-26 10:26:49 GMT)
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I mean, the phrase would sound like : 'in the presence of a/the notary"
the same as "in front of a judge"
or in certail contexts (not this one) "while talking to/during the proceedings"
etc.

katerina turevich
Netherlands
Local time: 09:00
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  David Walker (X)
29 mins
  -> Thank you David!

agree  Peter Simon
2 hrs
  -> Thank you!

neutral  philgoddard: I don't think this merits a separate answer -it's a synonym.
4 hrs
  -> of course it's a synonym, but you have to choose the right one.

agree  Kitty Brussaard: verleden voor >> executed in the presence of
6 hrs
  -> Thank you!

disagree  writeaway: I don't think it's a synonym or the correct translation. In the presence of is generally used for witnesses as Kirsten points out. The notary is more than just a witness. Before is the standard translation. /definitely not- the notary executes it.
6 hrs
  -> another phrase acting as a synonym would be "witnessed by the notary".

disagree  sindy cremer: 'voor' means before, not 'in the presence of'. Simple legalese. //Silly me, all the while I thought that with 5 yrs of Dutch civil law in my broekzak I knew something about law.
2 days 9 hrs
  -> Yes, Sindy! That is what it means, if you look in a general dicitionary, whereas simple legalese isn't really that simple nor stringent. http://grammar.about.com/od/d/g/definitionterm.htm

agree  Michael Beijer: Thanks Katerina!
4 days
  -> Thank you Michael! Happy Birthday!
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Reference comments


1 day 14 hrs
Reference: executed in the presence of

Reference information:
Execution

This depends on the jurisdiction and the type of deed. In some jurisdictions the notary and deponent require to sign on every page including schedules and annexations. If in doubt this is safe practice. It is essential that the document is executed in the presence of the notary and both signatures are applied contemporaneously. It has been held to be professional misconduct for a notary to send a document for signature by a client and subsequently apply the notarial signature.
http://www.lawscot.org.uk/rules-and-guidance/section-f-guida...

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Note added at 5 days (2015-01-31 15:28:52 GMT)
--------------------------------------------------

The 21st century may well go down in history as the technology age — a time when innovations come so fast that each new technology is rendered obsolete almost before it takes hold. Yet this whirl of inventiveness makes us re-examine traditional ways of doing things, such as performing notarizations.

At a time when the world does $10 trillion worth of business a year over the Internet, some are attempting to redefine what, for centuries, has been the bedrock of notarization — the personal appearance of the signer before a Notary. After all, video conferencing, satellite links and specialized Web sites allow us to have real time, face-to-face conversations with people halfway around the world.

Any discussion of personal appearance must begin with one salient fact: The requirement for a signer to physically be in the presence of a Notary when the notarization is performed is the law in every jurisdiction in the country. It also is an essential element of the National Notary Association-drafted Model Notary Act as well as the Revised Uniform Law on Notarial Acts, authored by the National Conference of Commissioners on Uniform State Laws.
http://www.nationalnotary.org/notary-bulletin/blog/2011/05/p...

Acknowledgment: a notarial act whereby the signer of a document admits to an officer of the state, such as a notary public, that he signed the document; that he understands the contents of the document; and that he is aware of the consequences of executing the document by signing it. The signer also indicates to the notary that he signed the document of his own free will and was not coerced into signing a document that he did not want to sign. Acknowledgments are taken from signers of documents such as deeds, contracts and powers of attorney. By signing the document the signer agrees to the terms and conditions of the document. The signer does not have to sign the document in the presence of the notary, but the document must display the signer’s original wet ink signature.

Acknowledgment Certificate: a written statement usually found on a document just below the signer’s signature block that records and certifies the details of the acknowledgment notarial act that just took place. The certificate must contain a description of the site of the notarial act, the name(s) of the person(s) acknowledging their signing of the document, an indication that an acknowledgment notarial act was performed; and a statement that the signer personally appeared before the notary, understood the contents of the document and signed the document willingly. The notary also certifies the date that the acknowledgment was taken, signs the acknowledgment notarial certificate and places her notary seal on the certificate. By signing and sealing the acknowledgment certificate the notary certifies as an officer of the state that the acknowledgment notarial act described indeed took place.
http://www.asnnotary.org/?form=termsanddefinitions

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Note added at 5 days (2015-01-31 15:39:36 GMT)
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For your reference, some common notary terms found in jurat and acknowledgment certificates are defined below, along with several other words found in notary regulations.

Before me
The act was conducted in the presence of the notary
http://soswy.state.wy.us/Services/NotariesDefinitions.aspx

Require personal appearance. Personal appearance is required by Maine law. To
perform a notarization, the signer must personally and physically appear before the Notary Public. In an acknowledgement, there is no need for the Notary Public to witness the actual signing of the document, but on a jurat or affidavit, when the words “subscribed before me” or other similar language are present, the signer must sign in the presence of the Notary Public. Never deviate from this requirement of personal appearance. No exceptions. A notarization cannot be done via video conferencing or similar video technology.
http://www.maine.gov/sos/cec/notary/notbk406.pdf

Kitty Brussaard
Netherlands
Specializes in field
Native speaker of: Native in DutchDutch
PRO pts in category: 152

Peer comments on this reference comment (and responses from the reference poster)
neutral  sindy cremer: tja, zo kun je op google.nl ook umpteen voorbeelden vinden van 'in aanwezigheid van een notaris', maar dat is dus gewoon niet het antwoord op de vraag.//En zo zijn er ook vele rel./prest. sources te vinden met 'in aanw. van' maar 'voor' blijft 'before'
21 hrs
  -> I just thought I might add this reference as it comes from a reliable source and describes the process of execution "in the presence of a notary" / I fully agree though that "before" is the best choice as it is less ambiguous than "in the presence of"
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10 days peer agreement (net): +1
Reference: The opinion of a British Notary Public

Reference information:
I decided to ask the Notaries Society in the UK.

Below is the full version of the reply I received from one of the Notaries Public.

QUOTE

‘Before me’ and ‘In the presence of’ - a translator’s dilemma.

These two phrases are frequently to be found at the conclusion of legal documents. Do they need to be distinguished or is this just an example of a difference without a distinction?

My starting point is the OED. For ‘before’, employed as a preposition, there are several shades of meaning but the most relevant are, ‘Of position...in front of’ and ‘with the added idea of deference towards’. (It does not assist my article that it includes, ‘in presence of’!)

‘Presence’ on the other hand is,’The fact or condition of being present....in the same place’.
‘Usually with of or possessive indicating the person...that is present’. ‘In the presence’ (now only) in reference to ceremonial attendance upon a person of superior, esp. royal, rank’. (Again it does not assist that the definitions include, ‘being before, in front of’.)

I had hoped - and this was the reason for taking some extra time - that Fowler would be of assistance. But there is no reference to either the words or the phrases.

For lawyers, they appear before a judge or tribunal. The prescribed jurat for an oath, affirmation or statutory declaration includes before me. In contrast, deeds are signed in the presence of a witness - indeed the prescribed forms of attestation issued by the Land Registry require this form to be adopted. On three occasions in the Old Testament King David appears in the presence of the congregation. The former supports some degree of deference; the latter just being in the same place.

It would be satisfying if the illustrations were all consistent. Unfortunately it is the Church of England that spoils matters in the wedding service. The Book of Common Prayer referred beautifully to the ceremony taking place, ‘in the sight of God, and in the face of this Congregation’ but the less poetic modernisers have introduced into Common Worship an alternative which is not only dull, but - at least in my eyes - inaccurate. It reads, ‘In the presence of God, and before this congregation’!

I will not wander into the unchartered waters of foreign jurisdictions beyond noting that French Notaries employ, ‘in the study of’ - an affectation to which I have at some time been drawn. Sadly, it does not really work in English and ‘office’ is too well established.

My conclusion - at least for the notarial profession - is that the distinction should be maintained both in English and in translation. An oath or a public act, where the Notary is exercising a (superior) role should be attested before him. A deed or other document requiring him to act only as a witness is attested in his presence.

UNQUOTE

[With many thanks to Mr Christopher Langdon, Notary Public at Hastings, UK]

sindy cremer
Specializes in field
Native speaker of: Native in DutchDutch
PRO pts in category: 60

Peer comments on this reference comment (and responses from the reference poster)
agree  Kitty Brussaard: Thanks for sharing!
1 day 3 hrs
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