May 8, 2017 20:10
7 yrs ago
1 viewer *
German term

sonstige Gesellschaft

German to English Law/Patents Law (general) Cooperation Contracts
The phrase "einfache Gesellschaft" has already been treated in Proz, but does anyone have a suggestion as to what the best English translation for "sonstige Gesellschaft" would be? "miscellaneous partnership"? "other partnership?" This is for a Kooperationsvertrag under Swiss Law, and both companies are independent companies. And I plan to put the German afterward, in parentheses and quotes.

Discussion

Susan Welsh May 9, 2017:
what is a "company"? I do not think of the word as restrictive, but rather as quite general, including partnerships. See https://en.wikipedia.org/wiki/Company
In this Wiki article, a distinction is drawn between UK and US:

In English law and in legal jurisdictions based upon it, a company is a body corporate or corporation company registered under the Companies Acts or similar legislation....
In the United Kingdom, a partnership is not legally a company, but may sometimes be referred to informally as a company. It may be referred to as a firm.

In the United States, a company may be a "corporation, partnership, association, joint-stock company, trust, fund, or organized group of persons, whether incorporated or not, and (in an official capacity) any receiver, trustee in bankruptcy, or similar official, or liquidating agent, for any of the foregoing". In the US, a company is not necessarily a corporation.
Dr. Andrew Hudson (asker) May 8, 2017:
Yes, I looked up Article 30; here it is http://www.gesetze.ch/sr/220/220_048.htm
AllegroTrans May 8, 2017:
OK - prior research needed Have you looked up Article 530 to see which kind of entities it refers to? Remember that Gesellschaft has a considerably wider meaning than "company" and can refer to a number of different business structures.
Dr. Andrew Hudson (asker) May 8, 2017:
Complete sentence Die Parteien erklären ausdrücklich, dass sie keine einfache Gesellschaft und keine sonstige Gesellschaft im Sinne von OR Art. 530 ff. bilden.
AllegroTrans May 8, 2017:
We need the full sentence in German and we need to know what kind of entity this is
philgoddard May 8, 2017:
Could we have the German context, please. And is it a company or a partnership?

Proposed translations

14 hrs
Selected

other form of association

Simple partnership or other form of association under CO, Art. 530. Appears to be a boilerplate expression.

Compare with this:
https://www.ibfd.org/sites/ibfd.org/files/content/pdf/MAS_sa...

"...the word "person" shall include any corporation, firm, partnership or other form of association." https://www.lawinsider.com/clause/miscellaneous/gender/_8f41...
Peer comment(s):

neutral Susan Welsh : Your first link describes these all as "companies," so I don't see why that word would not apply.
3 hrs
Getting the meaning right isn’t really the issue here. I think, we’re looking for the most widely used way of expressing the concept
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4 KudoZ points awarded for this answer. Comment: "Thanks!"
9 mins

other company

Sounds OK to me.
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14 hrs

other business entity

Reading from the source text, I think this is inetended to be a catch-all to include all types of entities, e.g. companies and partnerships, so merely "companies" would be too restrictive.

A business entity is an entity that is formed and administered as per commercial law in order to engage in business activities, charitable work, or other activities allowable. Most often, business entities are formed to sell a product or a service. There are many types of business entities defined in the legal systems of various countries. These include corporations, cooperatives, partnerships, sole traders, limited liability company and other specifically permitted and labelled types of entities. The specific rules vary by country and by state or province. Some of these types are listed below, by country. For guidance, approximate equivalents in the company law of English-speaking countries are given in most cases.

https://en.wikipedia.org/wiki/Types_of_business_entity


When beginning a business, you must decide what form of business entity to establish. Your form of business determines which income tax return form you have to file. The most common forms of business are the sole proprietorship, partnership, corporation, and S corporation.10 Jan 2017
Business Structures - IRS.gov

https://www.irs.gov/businesses/small-businesses-self-employe...

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Note added at 14 hrs (2017-05-09 11:00:55 GMT)
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See the following link for an explanation of business structures in Switzerland:

http://www.companyformationswitzerland.com/types-of-swiss-co...
Peer comment(s):

neutral Susan Welsh : Your last link is to "types of Swiss companies," with all types being subsumed under the word "company." I don't understand "company" as a legal term, but a descriptive one. It is LESS restrictive, not MORE. Perhaps I'm wrong.
3 hrs
I understand "company" as a legal term (I live in UK though); on an international level, I think "business entity" is closer to Gesellschaft when used as an umbrella term
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