Glossary entry

French term or phrase:

associer dans son capital

English translation:

provide any equity interest [in the customer's business]

Added to glossary by Tony M
Mar 18, 2012 11:01
12 yrs ago
1 viewer *
French term

associer dans son capital

French to English Bus/Financial Business/Commerce (general)
This is part of a non-solicitation clause.

"le client s'interdit donc d'engager (**ou d'associer dans son capital**), meme à titre provisoire, un salarié du [société] pour qu'il réalise directement ou indirectement une mission portant sur un sujet identique à la prestation réalisée."

I'm not sure exactly what is being proscribed in "s'interdit...d'associer dans son capital", is it a shareholding issue, or more broad, i.e. not forming a partnership or collaborating with?

Thanks in advance for your thoughts.
Change log

Mar 18, 2012 11:46: writeaway changed "Field" from "Law/Patents" to "Bus/Financial" , "Field (specific)" from "Law: Contract(s)" to "Business/Commerce (general)"

Mar 19, 2012 04:55: cc in nyc changed "Level" from "Non-PRO" to "PRO"

Apr 22, 2012 09:07: Tony M Created KOG entry

Votes to reclassify question as PRO/non-PRO:

PRO (3): Tony M, Yolanda Broad, cc in nyc

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Proposed translations

+2
20 mins
Selected

take as an associate / partner

I'm not an expert in this field, but that's the way I would understand it here.

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Note added at 20 heures (2012-03-19 07:28:19 GMT)
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PLEASE NOTE:

The answer provided by rkillings is much better than mine, I shall leave this posted here just for information, but please disregard otherwise.
Peer comment(s):

agree AllegroTrans : Idea is right, but not sure whether this is restricted to associates or partners, could it not be any employee?## aha I see, "associer" is implying associate/partner staus, I mised that!
6 hrs
Thanks, C! I don't think so; the specific idea of taking someone into the business is to avoid their having the role of an employee, hence the need to add this clause.
agree Peter LEGUIE
33 days
Thanks, Peter!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+1
13 hrs

provide any equity interest (in the customer's business)

This kind of non-solicitation clause -- a restrictive covenant on the *customer* -- would be unenforceable in most US states.

Be that as it may, it's simply the reverse of the usual kind of non-solicitation agreement between the employer and the employee (for which boilerplate is easily found). Translating it should not be particularly difficult. The customer agrees not to engage any of the company's employees to do similar work and also agrees not give any of those employees an ownership stake in the customer's business.
Peer comment(s):

neutral AllegroTrans : but how can your suggested phrase fit into asker's text?
19 mins
agree Tony M : As ever, R, an authoritative answer!
7 hrs
Something went wrong...
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