Glossary entry

French term or phrase:

intervient à l\'acte en qualité de séquestre

English translation:

is party to the deed as escrow agent

Added to glossary by Victoria Schmidt
Dec 8, 2023 10:33
5 mos ago
23 viewers *
French term

intervient à l'acte en qualité de séquestre

French to English Law/Patents Law: Patents, Trademarks, Copyright
« Le cabinet BDMV AVOCATS intervient à l'acte en qualité de séquestre »

Should this be translated "acting as trustees"?

Thank you.

Discussion

AllegroTrans Dec 9, 2023:
Without context we will not know what kind of document/deed/etc. this is.
Asker, are you there??
SafeTex Dec 9, 2023:
Deed? Hello

Is "l'acte" really a deed of conveyance here? That term is used for the transfer of property, but this questions is under law/patents

I think it might be more in the sense of "l'acte juridique"
AllegroTrans Dec 9, 2023:
Context is really needed here. Kindly provide it. Thanks!
Lisa Rosengard Dec 8, 2023:
I suggest it's about cabinet lawyers who are called to settle a dispute about property, a sum of money or another asset. The lawyers are entrusted with the documents held in connection with the assets. In the case there's a receiver who intervenes in a debt re-payment settlement process. Here's a reference to escrow agents (U.S. Law)
https://www.law.cornell.edu/wex/escrow_agent#:~:text=The esc...
The escrow agent is an independent 3rd party in charge of holding assets.
AllegroTrans Dec 8, 2023:
More context needed please Please tell us exactly what kind of "acte" this is and what transaction etc. it records. Otherwise, we can only guess at several possible different translations for "séquestre". Also [lease tell us whether you are translating into British/Irish/Commonwealth English, US, Canada or whatever as some of the possible terms vary between jurisdictions

Proposed translations

+3
2 hrs
Selected

is party to the deed as escrow agent

Guessing because ideally there would be more context, but chances are this law firm is holding and managing monies in the interim, until such time as a final agreement is reached.

Example:
"Le compte séquestre permet, lors de la vente d’un fonds de commerce, de bloquer le prix de vente sur un compte spécifique. Ceci permet alors aux créanciers de se manifester dans un délai imparti et de réclamer les sommes dues. Une fois le séquestre levé, le vendeur peut récupérer les fonds disponibles. Le repreneur est alors totalement sécurisé vis-à-vis des créanciers."
https://www.msimond.fr/aide-contact/53/compte-sequestre-quel...

"An escrow agent is a third party, a person or entity, which holds an asset or funds before they are transferred from one party to another. The escrow agent holds the funds or the asset until both parties have fulfilled their contractual requirements."
https://www.google.com/search?q="escrow agent" glossary&sca_...

"Yes, a lawyer may act as both an escrow agent for all parties and a lawyer for one of the parties in the same transaction if all parties consent after full disclosure, as long as the lawyer is able to fulfill all of the lawyer’s duties to all parties under the escrow agreement without creating a conflict with the lawyer’s fulfillment of all ethical duties owed to the lawyer’s client in the transaction."
https://www.cobar.org/Portals/COBAR/Repository/ethicsOpinion...

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Note added at 2 hrs (2023-12-08 12:56:24 GMT)
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It has been said there is a UK/US divide in this matter. I cannot say I have encountered it. True, sometimes 'escrow agent' is defined as being the entity holding documents, but UK sources also use it for the organization holding monies, e.g.

http://www.escrowagent.co.uk/12.html
https://www.psgovernance.com/trusteeship/escrow-agent.html

In a field I am particularly familiar with (construction), we find:
"Under an escrow, the employer sets aside a sum of money in a ring-fenced account, managed by an escrow agent. The sum will typically equate to the maximum predicted spend in any two-month period during the works, to cover both certified monies and work in progress. If the employer fails to pay an amount due, the contractor – having given advance notice of his intention to do so – may draw on the escrow fund to make up the shortfall. The escrow agent may be a bank or a firm of solicitors, although many law firms are now reluctant to offer this service because of onerous anti-money laundering requirements. "
https://www.building.co.uk/comment/legal-the-benefits-of-esc...
Peer comment(s):

agree philgoddard : Yes, I'm sure the asker would prefer 21st-century terminology, and English rather than Latin.
58 mins
neutral AllegroTrans : insufficient context; could well be correct but Asker is not responding to request for context, which I think is needed
1 hr
neutral Adrian MM. : you have basically, naughtily and disingenuously lifted half of my answer without atttributing any credit.
1 hr
That's not what I see. Besides, if I did not actually post before you, between your posting and mine I was researching the issue so didn't see your answer till after posting mine. Then, at 2 hrs, I posted in response to yours.
agree ph-b (X) : with your confidence level :-) In the absence of any meaningful context, this has to be the most literal, plainest and safest suggestion.
23 hrs
agree writeaway : Right or not, it's clear, non-convoluted English
1 day 11 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "thanks"
1 hr

does join in the Deed (of Conveyance) qua / as (BrE) deposit stakeholder (AmE) escrow agent

I agree with the call and clamo(u)r for more context that I can only speculate and guess is a comveyancing of land vs. of chattels (!) scenario.

Trustee, as a generic term, may well be right but, if the acte relates to a corporate insolvency scene, so might 'receiver (and special manager)'.

Our US-Am. have a predilection (if spelt right) for 'escrow accounts' for money but, in UK conveyancing, escrow refers to a conidtion upon which docs. and deeds are held pre-completion.

PS in the UK, a distinction is drawn between holding a money deposit on office vs. client a/c (keep off, naughty Conveyancing Solicitors or imposters posing as such!) as stakeholder for both buyer & seller (prev. vendor and purchase) or as agent for both parties, one leading case that sticks in my mind being: Sorrell v Finch · Date: [1977] · Citation: AC 728 · Keywords: Estate agency.
Example sentence:

Le mot "séquestre" désigne à la fois une personne et une institution juridique. Le "séquestre" est la personne auquel un Tribunal confie le soin d'assurer la garde et l'administration d'un bien.

IATE: fr compte de garantie bloqué COM compte séquestre COM en escrow account

Peer comment(s):

neutral AllegroTrans : insufficient context
1 hr
well, if it's a patent, then no doubt you will chime in with the right answer.
Something went wrong...

Reference comments

22 mins
Reference:

en qualité de sequestre

Peer comments on this reference comment:

agree AllegroTrans
15 mins
Merci
Something went wrong...
26 mins
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