Nov 4, 2007 11:39
16 yrs ago
4 viewers *
German term

Die Wiederbestellung eines Vorstandsmitglieds soll nur bei Vorliegen besonderer Umstände erfolgen

German to English Law/Patents Law: Contract(s) Rules of Procedure
I am currently translating the Rules of Procedure for the Supervisory Board of a German Aktiengesellschaft. § 11 (Auswahl und Bestellung von Vorstandsmitgliedern) contains the following (intricate) sentence:

"Die Wiederbestellung eines Vorstandsmitglieds vor Ablauf eines Jahres vor dem Ende der Bestelldauer bei gleichzeitiger Aufhebung der laufenden Bestellung soll nur bei Vorliegen besonderer Umstände erfolgen."

I still haven't found an elegant translation. Can anyone of you provide assistance?
Change log

Nov 4, 2007 13:08: writeaway changed "Field (specific)" from "Law (general)" to "Business/Commerce (general)"

Nov 4, 2007 18:21: Marcus Malabad changed "Term asked" from "help with sentence, please" to "Die Wiederbestellung eines Vorstandsmitglieds soll nur bei Vorliegen besonderer Umstände erfolgen"

Nov 5, 2007 09:45: Steffen Walter changed "Field (specific)" from "Business/Commerce (general)" to "Law: Contract(s)"

Discussion

Francis Lee (X) Nov 5, 2007:
What are your own ideas/what did you have before posting this question?
Iris Schlagheck-Weber (asker) Nov 4, 2007:
Err... sorry... should have been "as stated above"...
Iris Schlagheck-Weber (asker) Nov 4, 2007:
Thank you, hazmatgerman.

Craig, the sentence is actually written like stated above...
Craig Meulen Nov 4, 2007:
Are you sure that's correct: "vor Ablauf eines Jahres vor dem Ende der ..." ? Can't find the sense in that myself - the double "vor".

Proposed translations

+2
2 hrs
German term (edited): help with sentence, please
Selected

Another attempt

A board member may only be reappointed, within a year prior to the expiration of his/her term and with its simultaneous cancellation, under special circumstances.
Note from asker:
Thank you!
Peer comment(s):

agree Craig Meulen : Agree that this is a possible interpretation, but take the commas out - with the commas it's wrong.
3 mins
agree Jon Fedler : I would delete only first comma
14 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you for your quick help!"
-1
14 mins
German term (edited): help with sentence, please

Ein Versuch

A member of the board may only be reappointed before expiry of a year prior to the end of his term of appointment if his current appointment is cancelled at the same time and special circumstances exist.
Note from asker:
Danke, Olav!
Peer comment(s):

disagree Craig Meulen : Your 'if' is in the wrong place, imho. // @Susie: If the translation says something different than the original it's wrong and gets the red card!!
10 mins
neutral silvia glatzhofer : das "bei" ist kein "but" sondern ein "and", denke ich
1 hr
neutral Susan Zimmer : don't think it's fair, Craig, in this case to pull out the "rote Karte"..a neutral would suffice :))
1 hr
Something went wrong...
1 hr
German term (edited): help with sentence, please

restructure and reword

In this case, I would suggest making two sentences out of it.

Beginning with:

Only under special circumstances shall it be permitted to reappoint...prior to expiration ...(is it possible that the text calls for a 12 month termination period?)

Second sentence:

In such cases, the ongoing term shall ...

Note from asker:
Thank you, Susie!
Something went wrong...
1 hr
German term (edited): help with sentence, please

Olavs Versuch weitergeführt

Only in exceptional circumstances may a member of the Supervisory Board be reappointed before expiry of a year prior to the end of his term of appointment with his current contract terminated at the same time.
Note from asker:
Danke, Silvia!
Peer comment(s):

neutral Craig Meulen : I'm obviously a bit dumb today, but what on Earth does "before expiry of a year prior to the end of his term" mean in practice? Makes just as little sense to me as the German (so it's a good translation!!)
15 mins
Something went wrong...
1 hr
German term (edited): help with sentence, please

A member of the board with less than a years' service can be re-appointed before the end of the...

contract term while cancelling his/her current contract if special circumstances are applicable.

That's how I understand it...
Note from asker:
Thank you!
Something went wrong...
4 hrs
German term (edited): help with sentence, please

Except under special circumstances (see below)

Except under special circumstances, a member of the board may not be appointed to a new term until such time as his/her present term is in its final year and upon the simulataneous cancellation of the existing term.
Note from asker:
Thank you, Fred!
Something went wrong...
1 day 26 mins

vorstand

The Vorstand is the executive board. The supervisory board is the Aufsichtsrat,
Something went wrong...
+1
1 day 33 mins

Wiederbestellung

Only in special circumstances may an executive board member be re-elected for a full term, with immediate effect, more than one year before his original term is due to expire.
Note from asker:
Thank you, Stanley.
Peer comment(s):

agree Craig Meulen : Sounds very plausible,
24 mins
Something went wrong...
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