O ILEC é um exame de Inglês Jurídico de reconhecimento internacional. Esse exame foi desenvolvido pela Cambridge ESOL em colaboração com a Translegal, empresa de assessoria lingüística jurídica líder na Europa. O ILEC atende às necessidades dos profissionais e estudantes de Direito que precisam comprovar seus conhecimentos de Inglês Jurídico. O exame está relacionado ao Quadro Europeu Comum de Referências para as Línguas (níveis B2-C1) e é reconhecido por importantes associações jurídicas internacionais.
Por que prestar o ILEC?
· É especialmente direcionado a advogados e a estudantes de direito.
· Avalia as quatro habilidades lingüísticas em contextos jurídicos.
· É desenvolvido em colaboração com a Translegal, empresa de assessoria lingüística jurídica,
líder na Europa, o que assegura que os conteúdos sejam pertinentes aos candidatos do ILEC.
· Enriquece o currículo profissional dos candidatos bem-sucedidos.
Partes do exame:
. Compreensão escrita (Reading) - 1h15'
. Produção escrita (Writing) – 1h15'
. Compreensão oral (Listening) – 40'
. Expressão oral (Speaking) – 16'
Informações adicionais: Cultura Inglesa (http://www.culturainglesasp.com.br/content/cert_ilec.mmp)
2.26.2008
CAPITAL SOCIAL
capital social: capital stock (gen./bal.)
share capital (S.A.)
unit capital (Ltda.)
corporate capital; equity capital; stock capital (genérico)
Outros significados para "capital": Major, large, critical, most important; punishable by death (capital crime); pertaining to investment wealth.
capital (wealth), capital (city), capital (letter). But the capitol is the building in which a legislature meets. In all its other meanings, adjective or noun, the word is spelled "capital."
The capitol (building) is in the capital (city).
In Britain and elsewhere to indicate excellence: "Go out dancing in the rain? What a capital idea!" By itself, it belongs to the family of exclamations expressing greatest pleasure: "Great!" "Awesome!" "Far out!" "Capital!" It is always a capital idea to deploy a rich mix of such hyperbolic interjections in your conversations.
share capital (S.A.)
unit capital (Ltda.)
corporate capital; equity capital; stock capital (genérico)
Outros significados para "capital": Major, large, critical, most important; punishable by death (capital crime); pertaining to investment wealth.
capital (wealth), capital (city), capital (letter). But the capitol is the building in which a legislature meets. In all its other meanings, adjective or noun, the word is spelled "capital."
The capitol (building) is in the capital (city).
In Britain and elsewhere to indicate excellence: "Go out dancing in the rain? What a capital idea!" By itself, it belongs to the family of exclamations expressing greatest pleasure: "Great!" "Awesome!" "Far out!" "Capital!" It is always a capital idea to deploy a rich mix of such hyperbolic interjections in your conversations.
PATRIMÔNIO
Bens Patrimoniais: equity assets
Patrimônio líquido de uma empresa: Net equity
Patrimônio de uma pessoa física: Net worth
Patrimônio dos proprietários: owners' equity
Patrimônio dos acionistas: shareholders' equity (British) ; stockholders' equity (American)
Situação patrimonial: equity position; net worth; financial standing
Valor patrimonial médio: Average equity
administração (bens, patrimônio) : estate planning; management
(Tópico não esgotado, a ser completado em outra ocasião)
Patrimônio líquido de uma empresa: Net equity
Patrimônio de uma pessoa física: Net worth
Patrimônio dos proprietários: owners' equity
Patrimônio dos acionistas: shareholders' equity (British) ; stockholders' equity (American)
Situação patrimonial: equity position; net worth; financial standing
Valor patrimonial médio: Average equity
administração (bens, patrimônio) : estate planning; management
(Tópico não esgotado, a ser completado em outra ocasião)
INTRICACY
Complexidade, complicação
Plural: Intricacies
The condition or quality of being intricate; complexity; marked by elaborately complex detail.
Something intricate: the intricacies of a census form.
"Language is more than just spoken and written communication, but also an expression of inherent cultural intricacies. "
"Intricacies of the English language" is the title of the text (AUTHOR UNKNOWN -- or is it NOT KNOWN?) below:
FOUR ALL WHO REED AND RIGHT:
We'll begin with a box, and the plural is boxes; but the plural of ox became oxen not oxes. One fowl is a goose, but two are called geese, yet the plural of moose should never be meese. You may find a lone mouse or a nest full of mice; yet the plural of house is houses, not hice.
If the plural of man is always called men, why shouldn't the plural of pan be called pen? If I spoke of my foot and show you my feet, and I give you a boot, would a pair be called beet? If one is a tooth and a whole set are teeth, why shouldn't the plural of booth be called beeth? Then one may be that, and three would be those, yet hat in the plural would never be hose, and the plural of cat is cats, not cose. We speak of a brother and also of brethren, but though we say mother, we never say methren.
...
Screwy pronunciations can mess up your mind!
For example...If you have a rough cough, climbing can be tough when going through the bough on a tree!
Let's face it - English is a crazy language. There is no egg in eggplant nor ham in hamburger; neither apple nor pine in pineapple. English muffins weren't invented in England.
We take English for granted. But if we explore its paradoxes, we find that quicksand can work slowly,boxing rings are square, and a guinea pig is neither from Guinea nor is it a pig.
And why is it that writers write but fingers don't fing, grocers don't groce, and hammers don't ham? Doesn't it seem crazy that you can make amends, but cannot make one amend? If you have a bunch of odds and ends, and get rid of all but one of them, what do you call it -- one odd and one end? If teachers taught, why didn't preachers praught? If a vegetarian eats vegetables, what does a humanitarian eat?
In what other language do people recite at a play and play at a recital? Ship by truck and send cargo by ship? Have noses that run and feet that smell? How can a slim chance and a fat chance be thesame, while a wise man and a wise guy are opposites?
You have to marvel at the unique lunacy of a language in which your house can burn up as it burns down, in which you fill in a form by filling it out, and in which an alarm goes off by going on.
Plural: Intricacies
The condition or quality of being intricate; complexity; marked by elaborately complex detail.
Something intricate: the intricacies of a census form.
"Language is more than just spoken and written communication, but also an expression of inherent cultural intricacies. "
"Intricacies of the English language" is the title of the text (AUTHOR UNKNOWN -- or is it NOT KNOWN?) below:
FOUR ALL WHO REED AND RIGHT:
We'll begin with a box, and the plural is boxes; but the plural of ox became oxen not oxes. One fowl is a goose, but two are called geese, yet the plural of moose should never be meese. You may find a lone mouse or a nest full of mice; yet the plural of house is houses, not hice.
If the plural of man is always called men, why shouldn't the plural of pan be called pen? If I spoke of my foot and show you my feet, and I give you a boot, would a pair be called beet? If one is a tooth and a whole set are teeth, why shouldn't the plural of booth be called beeth? Then one may be that, and three would be those, yet hat in the plural would never be hose, and the plural of cat is cats, not cose. We speak of a brother and also of brethren, but though we say mother, we never say methren.
...
Screwy pronunciations can mess up your mind!
For example...If you have a rough cough, climbing can be tough when going through the bough on a tree!
Let's face it - English is a crazy language. There is no egg in eggplant nor ham in hamburger; neither apple nor pine in pineapple. English muffins weren't invented in England.
We take English for granted. But if we explore its paradoxes, we find that quicksand can work slowly,boxing rings are square, and a guinea pig is neither from Guinea nor is it a pig.
And why is it that writers write but fingers don't fing, grocers don't groce, and hammers don't ham? Doesn't it seem crazy that you can make amends, but cannot make one amend? If you have a bunch of odds and ends, and get rid of all but one of them, what do you call it -- one odd and one end? If teachers taught, why didn't preachers praught? If a vegetarian eats vegetables, what does a humanitarian eat?
In what other language do people recite at a play and play at a recital? Ship by truck and send cargo by ship? Have noses that run and feet that smell? How can a slim chance and a fat chance be thesame, while a wise man and a wise guy are opposites?
You have to marvel at the unique lunacy of a language in which your house can burn up as it burns down, in which you fill in a form by filling it out, and in which an alarm goes off by going on.
PRINCIPAL VS PRINCIPLE
"Principal": Chefe de um escritório de advocacia ou engenharia ou diretor de uma escola.
Principal (noun; adjective): "chief," e.g. the principal role in a play is the chief (main) role while the principal in a school or law or architecture firm is the chief of the firm, the highest member of its hierarchy.
Principle (noun) ['prin-sê-pêl]: A fundamental truth or rule, especially a rule of moral character, as a woman of principle.
Fonte: Dr. Language, YourDictionary.com
Principal (noun; adjective): "chief," e.g. the principal role in a play is the chief (main) role while the principal in a school or law or architecture firm is the chief of the firm, the highest member of its hierarchy.
Principle (noun) ['prin-sê-pêl]: A fundamental truth or rule, especially a rule of moral character, as a woman of principle.
Fonte: Dr. Language, YourDictionary.com
2.25.2008
TAKE OUT
Definition: to pay for an advertisement to be placed in a publication.
(This phrasal verb has more than one meaning)
E.g.1. They took a full-page advertisement out in 'The Times' newspaper.
E.g.2. Why did you tell him the secret? He's such a gossip - fewer people would have known about it if you'd taken out an ad in all the daily papers!
['ad' - informal version of 'advert' or 'advertisement']
Fonte: Knights English [daily@knightsenglish.com]
(This phrasal verb has more than one meaning)
E.g.1. They took a full-page advertisement out in 'The Times' newspaper.
E.g.2. Why did you tell him the secret? He's such a gossip - fewer people would have known about it if you'd taken out an ad in all the daily papers!
['ad' - informal version of 'advert' or 'advertisement']
Fonte: Knights English [daily@knightsenglish.com]
SO YOU THINK YOU KNOW ENGLISH...
1) The bandage was wound around the wound.
2) The farm was used to produce produce.
3) The dump was so full that it had to refuse more refuse.
4) We must polish the Polish furniture.
5) He could lead if he would get the lead out.
6) The soldier decided to desert his dessert in the desert.
7) Since there is no time like the present, he thought it was time to
present the present.
8) A bass was painted on the head of the bass drum.
9) When shot at, the dove dove into the bushes.
10) I did not object to the object.
11) The insurance was invalid for the invalid.
12) There was a row among the oarsmen about how to row.
13) They were too close to the door to close it.
14) The buck does funny things when the does are present.
15) A seamstress and a sewer fell down into a sewer line.
16) To help with planting, the farmer taught his sow to sow.
17) The wind was too strong to wind the sail.
18) After a number of injections my jaw got number.
19) Upon seeing the tear in the painting I shed a tear.
20) I had to subject the subject to a series of tests.
21) How can I intimate this to my most intimate friend?
22) The sign over the board was still lighted when the game was over.
There is no egg in eggplant nor ham in hamburger; neither apple nor
pine in pineapple. English muffins weren't invented in England or
French fries in France. Sweetmeats are candies, while sweetbreads,
which aren't sweet, are meat
Quicksand works slowly, boxing rings are square and a guinea pig is
neither from Guinea nor is it a pig. And why is it that writers write
but fingers don't fing, grocers don't groce and hammers don't ham? If
the plural of tooth is teeth, why isn't the plural of booth beeth? One
goose, 2 geese. So one moose, 2 meese? Doesn't it seem crazy that you
ca n make amends but not one amend. If you have a bunch of odds and
ends and get rid of all but one of them, what do you call it? Is it an
odd, or an end? If teachers taught, why didn't preachers praught? If a
vegetarian eats vegetables, what does a humanitarian eat? In what
language do people recite at a play and play at a recital, Ship by
truck and send cargo by ship, Have noses that run and feet that smell?
How can a slim chance and a fat chance be the same, while a wise man
and a wise guy are opposites? You have to marvel at the unique lunacy
of a language in which your house can burn up as it burns down, in
which you fill in a form by filling it out and in which, an alarm goes
off by going on.
English was invented by peopl e, not computers, and it reflects the
creativity of the human race, which, of course, is not a race at all.
That is why, when the stars are out, they are visible, but when the
lights are out, they are invisible.
Why doesn't "Buick" rhyme with "quick"?
Then there is a two-letter word that perhaps has more meaning than any
other two-letter word, and that is the word "UP".
It's easy to understand UP, meaning toward the sky or at the top of
the list, but when we waken in the morning, why do we wake UP?
At a meeting, why does a topic come UP? Why do we speak UP and why are
the officers UP for election and why is it UP to the secretary to
write UP a report?
We call UP our friends. And we use it to brighten UP a room, polish UP
the silver; we warm UP the leftovers and clean UP the kitchen. We lock
UP the house and some guys fix UP the old car.
At other times the little word has real special meaning. People stir
UP trouble, line UP for tickets, work UP an appetite, and think UP excuses.
To be dressed is one thing but to be dressed UP is special.
And this UP is confusing: A drain must be opened UP because it is
stopped UP.
We open UP a store in the morning but we close it UP at night.
We seem to be pretty mixed UP about UP!
To be knowledgeable of the proper uses of UP, look UP the word in the
dictionary. In a desk size dictionary, takes UP almost 1/4th the page
and definitions add UP to about thirty.
If you are UP to it, you might try building UP a list of the many ways
UP is used. It will take UP a lot of your time, but if you don't give
UP, you may wind UP with a hundred or more.
When it threatens to rain, we say it is clouding UP.
When the sun comes out we say it is clearing UP.
When it rains, it wets UP the earth. When it doesn't rain for awhile,
things dry UP.
One could go on and on, but I'll wrap it UP, because now my time is UP.
I'll shut UP now!
Now it is UP to you to do whatever you want to do with Up.
2) The farm was used to produce produce.
3) The dump was so full that it had to refuse more refuse.
4) We must polish the Polish furniture.
5) He could lead if he would get the lead out.
6) The soldier decided to desert his dessert in the desert.
7) Since there is no time like the present, he thought it was time to
present the present.
8) A bass was painted on the head of the bass drum.
9) When shot at, the dove dove into the bushes.
10) I did not object to the object.
11) The insurance was invalid for the invalid.
12) There was a row among the oarsmen about how to row.
13) They were too close to the door to close it.
14) The buck does funny things when the does are present.
15) A seamstress and a sewer fell down into a sewer line.
16) To help with planting, the farmer taught his sow to sow.
17) The wind was too strong to wind the sail.
18) After a number of injections my jaw got number.
19) Upon seeing the tear in the painting I shed a tear.
20) I had to subject the subject to a series of tests.
21) How can I intimate this to my most intimate friend?
22) The sign over the board was still lighted when the game was over.
There is no egg in eggplant nor ham in hamburger; neither apple nor
pine in pineapple. English muffins weren't invented in England or
French fries in France. Sweetmeats are candies, while sweetbreads,
which aren't sweet, are meat
Quicksand works slowly, boxing rings are square and a guinea pig is
neither from Guinea nor is it a pig. And why is it that writers write
but fingers don't fing, grocers don't groce and hammers don't ham? If
the plural of tooth is teeth, why isn't the plural of booth beeth? One
goose, 2 geese. So one moose, 2 meese? Doesn't it seem crazy that you
ca n make amends but not one amend. If you have a bunch of odds and
ends and get rid of all but one of them, what do you call it? Is it an
odd, or an end? If teachers taught, why didn't preachers praught? If a
vegetarian eats vegetables, what does a humanitarian eat? In what
language do people recite at a play and play at a recital, Ship by
truck and send cargo by ship, Have noses that run and feet that smell?
How can a slim chance and a fat chance be the same, while a wise man
and a wise guy are opposites? You have to marvel at the unique lunacy
of a language in which your house can burn up as it burns down, in
which you fill in a form by filling it out and in which, an alarm goes
off by going on.
English was invented by peopl e, not computers, and it reflects the
creativity of the human race, which, of course, is not a race at all.
That is why, when the stars are out, they are visible, but when the
lights are out, they are invisible.
Why doesn't "Buick" rhyme with "quick"?
Then there is a two-letter word that perhaps has more meaning than any
other two-letter word, and that is the word "UP".
It's easy to understand UP, meaning toward the sky or at the top of
the list, but when we waken in the morning, why do we wake UP?
At a meeting, why does a topic come UP? Why do we speak UP and why are
the officers UP for election and why is it UP to the secretary to
write UP a report?
We call UP our friends. And we use it to brighten UP a room, polish UP
the silver; we warm UP the leftovers and clean UP the kitchen. We lock
UP the house and some guys fix UP the old car.
At other times the little word has real special meaning. People stir
UP trouble, line UP for tickets, work UP an appetite, and think UP excuses.
To be dressed is one thing but to be dressed UP is special.
And this UP is confusing: A drain must be opened UP because it is
stopped UP.
We open UP a store in the morning but we close it UP at night.
We seem to be pretty mixed UP about UP!
To be knowledgeable of the proper uses of UP, look UP the word in the
dictionary. In a desk size dictionary, takes UP almost 1/4th the page
and definitions add UP to about thirty.
If you are UP to it, you might try building UP a list of the many ways
UP is used. It will take UP a lot of your time, but if you don't give
UP, you may wind UP with a hundred or more.
When it threatens to rain, we say it is clouding UP.
When the sun comes out we say it is clearing UP.
When it rains, it wets UP the earth. When it doesn't rain for awhile,
things dry UP.
One could go on and on, but I'll wrap it UP, because now my time is UP.
I'll shut UP now!
Now it is UP to you to do whatever you want to do with Up.
Question marks: inside or outside quotation marks?
Everybody knows that quotation marks surround quotations. And that the opening quotation mark always goes right before the first word of the quotation. But many people have trouble figuring where the closing quotation mark goes.
That's where ProofreadNOW.com comes in. "All the time," as our management says. The following are basic rules for where closing quotation marks are placed with respect to accompanying punctuation.
In America, commas and periods always (well, we can't think of an exception, but we better say "almost always") go inside the closing quotation mark.
"It was fun to go water skiing on Long Lake."
"We skied the length of the lake," Tallulah said.
[In British punctuation, periods and commas go inside or outside depending on "sense", as the Oxford Guide to Style puts it. But that's another story for another GT.] Colons and semicolons go outside closing quotation marks.
There are two reasons why we call her "Baby": she is one, and in our minds it will forever be an endearing appellation.
I love the phrase, "When in the course of human events..."; it is immediately engaging and inspiring. Question marks and exclamation points go inside sometimes, outside other times. It depends on whether the quoted material itself is a question or an exclamation, or not. These are instances when the question is confined to the quoted material:
"Can you swim?" asked the lifeguard.
Amos heard the question, "Friend or foe?" and froze.
Here, the exclamation is confined to the quoted material:
"Look out for the other boats!" he yelled as he rose up out of the water.
Here are instances when the questions are not strictly the quoted material, so the mark goes outside the closing quotation:
Who said "Give me liberty or give me death"?
Who wrote "The Rhyme of the Ancient Mariner"?
And here, the exclamation is not limited to the quoted material, so it goes outside:
Oddly enough, I just won the $200 million lottery with the numbers "1-3-5-7-9-11"!
Fonte: ProofRead Now
That's where ProofreadNOW.com comes in. "All the time," as our management says. The following are basic rules for where closing quotation marks are placed with respect to accompanying punctuation.
In America, commas and periods always (well, we can't think of an exception, but we better say "almost always") go inside the closing quotation mark.
"It was fun to go water skiing on Long Lake."
"We skied the length of the lake," Tallulah said.
[In British punctuation, periods and commas go inside or outside depending on "sense", as the Oxford Guide to Style puts it. But that's another story for another GT.] Colons and semicolons go outside closing quotation marks.
There are two reasons why we call her "Baby": she is one, and in our minds it will forever be an endearing appellation.
I love the phrase, "When in the course of human events..."; it is immediately engaging and inspiring. Question marks and exclamation points go inside sometimes, outside other times. It depends on whether the quoted material itself is a question or an exclamation, or not. These are instances when the question is confined to the quoted material:
"Can you swim?" asked the lifeguard.
Amos heard the question, "Friend or foe?" and froze.
Here, the exclamation is confined to the quoted material:
"Look out for the other boats!" he yelled as he rose up out of the water.
Here are instances when the questions are not strictly the quoted material, so the mark goes outside the closing quotation:
Who said "Give me liberty or give me death"?
Who wrote "The Rhyme of the Ancient Mariner"?
And here, the exclamation is not limited to the quoted material, so it goes outside:
Oddly enough, I just won the $200 million lottery with the numbers "1-3-5-7-9-11"!
Fonte: ProofRead Now
RECUSE
Recuse (verb)Pronunciation: [ree-'kyuz]
Definition: To reject or disqualify someone in a position of authority from a decision-making process because of a conflict of interest or other impropriety.
Usage: The noun is "recusal." The term is applied most often in courts, where judges are recused or recuse themselves because of potential conflicts of interest or the appearance of impropriety.
Suggested Usage: Wherever authority exists, there is room for today's word, "I think the personnel director should recuse herself from the hiring process before her family runs the company." It matters not how minor the authority or how pedestrian the implied impropriety: "Sabrina, in light of your 23 traffic violations, I have decided to recuse you from driving the car for the next month."
Fonte: Proofread Now
Definition: To reject or disqualify someone in a position of authority from a decision-making process because of a conflict of interest or other impropriety.
Usage: The noun is "recusal." The term is applied most often in courts, where judges are recused or recuse themselves because of potential conflicts of interest or the appearance of impropriety.
Suggested Usage: Wherever authority exists, there is room for today's word, "I think the personnel director should recuse herself from the hiring process before her family runs the company." It matters not how minor the authority or how pedestrian the implied impropriety: "Sabrina, in light of your 23 traffic violations, I have decided to recuse you from driving the car for the next month."
Fonte: Proofread Now
OFTEN-CONFUSED WORDS
The CAPITOL building...is situated in the CAPITAL city.
The STATUE had such STATURE...there was a STATUTE to protect it.
Members of the COUNCIL...mocked the lawyers for their COUNSEL.
It is my guiding TENET...to overcharge my TENANTS.
Each business was a DISCRETE entity...so we had to be DISCREET.
A judge should be DISINTERESTED...but never UNINTERESTED.
The arrival of the EMINENT scientist...was thought to be IMMINENT.
I tried to AFFECT the jury's decision...the EFFECT of which was a fine.
They FLAUNTED the fact...that they FLOUTED the law.
I was asked to FORWARD...the new FOREWORD I had written.
One should be WARY...of driving when WEARY.
I took a PEEK at the mountain PEAK...which had PIQUED my curiosity.
Poor weather meant the GUERILLAS shot...the GORILLAS in the mist.
Due to the RAIN throughout her REIGN...the Queen grips her REINS.
After FLOUNDERING about...he FOUNDERED beneath the waves.
The school PRINCIPAL...is a woman of few PRINCIPLES.
The vehicle delivering STATIONERY...was STATIONARY in the rush-hour traffic.
The COMPLIMENTARY wine...COMPLEMENTED the fish perfectly.
The police could not ELICIT a confession...about his ILLICIT activities.
The STRAIT of Hormuz...is far from STRAIGHT.
There was an ORDINANCE...against firing any ORDNANCE.
His company was INTOLERABLE...because he was so INTOLERANT.
Building SITES are splendid SIGHTS...so we CITE them in our guide.
We could go no FURTHER with our argument for lower gas prices...so we went FARTHER down the Interstate to find another filling station.
The British say ALUMINIUM (5 syllables and an extra I)...and Americans say ALUMINUM (4 syllables).
My blade is dull, therefore I will HONE it...and then HOME in on the target.
INDIRECT lighting will enhance this room...but it could be IN DIRECT conflict with the building code.
Sassafras IMPLIED that I would not be invited...so I INFERRED from Sassafras's remarks that I would be watching TV alone.
I want to be HEALTHY...so I am on a HEALTHFUL diet.
I will LEND you money...and you will call it a LOAN.
We take pride in how we SERVE our customers...and also in how we SERVICE their equipment.
We fix mistakes EVERY DAY...fixing mistakes is an EVERYDAY activity here.
There are FEWER cars on I-95 now...so there is LESS work for the toll takers.
You are a genius, I.E., you are unusually gifted....she, on the other hand, is a dimwit who cares for only a few things, E.G., boys, fast cars, and cheeseburgers.
When you earn more THAN Matilda...THEN you can brag to the entire world.
EX-president Bill Clinton...met with FORMER president Jimmy Carter to compare accents.
Mortimer seemed INDIFFERENT to the offer...so Mack put it IN DIFFERENT words and asked to go over it again.
MORE IMPORTANT, we need to win the election...so that this issue can be treated MORE IMPORTANTLY than it has been.
Because you RAISE such a good question...we will RISE to the occasion and provide an accurate answer.
BRING the report when you come to see me...and TAKE the dirty laundry when you leave my office.
I feel BAD about the accident...because he was hurt BADLY in it.
You must wait for A WHILE...and I will wait AWHILE too...but I saw John A WHILE back.
I am AVERSE to the idea...of you sailing in such ADVERSE weather conditions.
The speaker had many COMPLIMENTARY things to say about your book...of which I got a COMPLIMENTARY copy...now I look forward to bringing my COMPLEMENTARY skills to your office staff.
The arrival of the EMINENT politician...was IMMINENT, so we did not leave the bus station.
He was BORN in India...and when he was five, he was BORNE by an elephant in a parade.
He drank the rich BOUILLON...as he greedily stacked the newly stolen BULLION.
Okay, I will BROACH the subject...how much will you take for that gorgeous BROOCH you're wearing?
The STATUE had such STATURE...there was a STATUTE to protect it.
Members of the COUNCIL...mocked the lawyers for their COUNSEL.
It is my guiding TENET...to overcharge my TENANTS.
Each business was a DISCRETE entity...so we had to be DISCREET.
A judge should be DISINTERESTED...but never UNINTERESTED.
The arrival of the EMINENT scientist...was thought to be IMMINENT.
I tried to AFFECT the jury's decision...the EFFECT of which was a fine.
They FLAUNTED the fact...that they FLOUTED the law.
I was asked to FORWARD...the new FOREWORD I had written.
One should be WARY...of driving when WEARY.
I took a PEEK at the mountain PEAK...which had PIQUED my curiosity.
Poor weather meant the GUERILLAS shot...the GORILLAS in the mist.
Due to the RAIN throughout her REIGN...the Queen grips her REINS.
After FLOUNDERING about...he FOUNDERED beneath the waves.
The school PRINCIPAL...is a woman of few PRINCIPLES.
The vehicle delivering STATIONERY...was STATIONARY in the rush-hour traffic.
The COMPLIMENTARY wine...COMPLEMENTED the fish perfectly.
The police could not ELICIT a confession...about his ILLICIT activities.
The STRAIT of Hormuz...is far from STRAIGHT.
There was an ORDINANCE...against firing any ORDNANCE.
His company was INTOLERABLE...because he was so INTOLERANT.
Building SITES are splendid SIGHTS...so we CITE them in our guide.
We could go no FURTHER with our argument for lower gas prices...so we went FARTHER down the Interstate to find another filling station.
The British say ALUMINIUM (5 syllables and an extra I)...and Americans say ALUMINUM (4 syllables).
My blade is dull, therefore I will HONE it...and then HOME in on the target.
INDIRECT lighting will enhance this room...but it could be IN DIRECT conflict with the building code.
Sassafras IMPLIED that I would not be invited...so I INFERRED from Sassafras's remarks that I would be watching TV alone.
I want to be HEALTHY...so I am on a HEALTHFUL diet.
I will LEND you money...and you will call it a LOAN.
We take pride in how we SERVE our customers...and also in how we SERVICE their equipment.
We fix mistakes EVERY DAY...fixing mistakes is an EVERYDAY activity here.
There are FEWER cars on I-95 now...so there is LESS work for the toll takers.
You are a genius, I.E., you are unusually gifted....she, on the other hand, is a dimwit who cares for only a few things, E.G., boys, fast cars, and cheeseburgers.
When you earn more THAN Matilda...THEN you can brag to the entire world.
EX-president Bill Clinton...met with FORMER president Jimmy Carter to compare accents.
Mortimer seemed INDIFFERENT to the offer...so Mack put it IN DIFFERENT words and asked to go over it again.
MORE IMPORTANT, we need to win the election...so that this issue can be treated MORE IMPORTANTLY than it has been.
Because you RAISE such a good question...we will RISE to the occasion and provide an accurate answer.
BRING the report when you come to see me...and TAKE the dirty laundry when you leave my office.
I feel BAD about the accident...because he was hurt BADLY in it.
You must wait for A WHILE...and I will wait AWHILE too...but I saw John A WHILE back.
I am AVERSE to the idea...of you sailing in such ADVERSE weather conditions.
The speaker had many COMPLIMENTARY things to say about your book...of which I got a COMPLIMENTARY copy...now I look forward to bringing my COMPLEMENTARY skills to your office staff.
The arrival of the EMINENT politician...was IMMINENT, so we did not leave the bus station.
He was BORN in India...and when he was five, he was BORNE by an elephant in a parade.
He drank the rich BOUILLON...as he greedily stacked the newly stolen BULLION.
Okay, I will BROACH the subject...how much will you take for that gorgeous BROOCH you're wearing?
2.24.2008
CURSORY
Cursory (adjective) ['kêrs-êr-ee] = uma olhada rápida ("por cima")
Definition: Passing over something in haste, paying little attention to detail, as a cursory reading of a text.
Usage: Today's word should not be confused with cursorial [kêr-'sor-ee-yêl] "adapted to or designed for running," as the cursorial legs of the ostrich. The adverb for today's word is "cursorily" ['kêrs-êr-ê-li] and the noun is "cursoriness."
Suggested Usage: It might seem that words based on the Latin root for "run" are running the English lexicon: "After a cursory discourse on the curriculum in the corridor, Carpenter concurred with his charge on the current courses and told him to carry on."
But back to business. "Cursory" is most of ten associated with reading, but almost any activity may be cursory: "After cursorily dusting the room and pretending to vacuum, Valerie decided that the afternoon would be better spent watching soap operas."
Fonte: Dr. Language (YourDictionary.com)
Definition: Passing over something in haste, paying little attention to detail, as a cursory reading of a text.
Usage: Today's word should not be confused with cursorial [kêr-'sor-ee-yêl] "adapted to or designed for running," as the cursorial legs of the ostrich. The adverb for today's word is "cursorily" ['kêrs-êr-ê-li] and the noun is "cursoriness."
Suggested Usage: It might seem that words based on the Latin root for "run" are running the English lexicon: "After a cursory discourse on the curriculum in the corridor, Carpenter concurred with his charge on the current courses and told him to carry on."
But back to business. "Cursory" is most of ten associated with reading, but almost any activity may be cursory: "After cursorily dusting the room and pretending to vacuum, Valerie decided that the afternoon would be better spent watching soap operas."
Fonte: Dr. Language (YourDictionary.com)
DIGRESS
Digress (verb) [dI-'gres] = divagar, desviar, desencaminhar, apartar-se
Digression (noun) = divagação
Definition: To talk or write about something that is not your main subject; to stray from an expected course, to move in an irrelevant direction.
Usage: "Digress" displays a full array of secondary derivations: someone who digresses is a digresser, the activity is a digression, and the behavior itself is digressive. "Digressively" is the adverb.
Suggested Usage: First, this word has a rather direct, physical sense: "On the way to the opera Downham Martini digressed slightly to a pub for a bit of light refreshment." However, it is probably more commonly used to refer to a metaphorical straying away from the subject at hand, "Could we stick to the topic of the new project, please, without digressing into how much it will promote our careers? Thanks."
Etymology: Latin digredior, digress- "to separate, part" based on di(s) "away" + gradior "to step, walk." The Latin root derives from Proto-Indo-European ghredh- "to walk, step, move," also the source of Sanscrit kra-, kram "to go" and German schreiten "to step" and Schritt "step." The Latin root is also found in English congress (come together), ingredient (what goes in), transgress (to step across the line). We also have "grade," "gradual," and "graduate" from related Latin gradus "step," the noun from gradior.
Fonte: YourDictionary; Longman's Dictionary of Contemporary English
Digression (noun) = divagação
Definition: To talk or write about something that is not your main subject; to stray from an expected course, to move in an irrelevant direction.
Usage: "Digress" displays a full array of secondary derivations: someone who digresses is a digresser, the activity is a digression, and the behavior itself is digressive. "Digressively" is the adverb.
Suggested Usage: First, this word has a rather direct, physical sense: "On the way to the opera Downham Martini digressed slightly to a pub for a bit of light refreshment." However, it is probably more commonly used to refer to a metaphorical straying away from the subject at hand, "Could we stick to the topic of the new project, please, without digressing into how much it will promote our careers? Thanks."
Etymology: Latin digredior, digress- "to separate, part" based on di(s) "away" + gradior "to step, walk." The Latin root derives from Proto-Indo-European ghredh- "to walk, step, move," also the source of Sanscrit kra-, kram "to go" and German schreiten "to step" and Schritt "step." The Latin root is also found in English congress (come together), ingredient (what goes in), transgress (to step across the line). We also have "grade," "gradual," and "graduate" from related Latin gradus "step," the noun from gradior.
Fonte: YourDictionary; Longman's Dictionary of Contemporary English
Celebrating the Semicolon in a Most Unlikely Location
Cary Conover for The New York Times
It was nearly hidden on a New York City Transit public service placard exhorting subway riders not to leave their newspaper behind when they get off the train.
“Please put it in a trash can,” riders are reminded. After which Neil Neches, an erudite writer in the transit agency’s marketing and service information department, inserted a semicolon. The rest of the sentence reads, “that’s good news for everyone.”
Semicolon sightings in the city are unusual, period, much less in exhortations drafted by committees of civil servants. In literature and journalism, not to mention in advertising, the semicolon has been largely jettisoned as a pretentious anachronism.
Americans, in particular, prefer shorter sentences without, as style books advise, that distinct division between statements that are closely related but require a separation more prolonged than a conjunction and more emphatic than a comma.
...
"People have lost fortunes and even been put to death because of imprecise punctuation involving semicolons in legal papers. In 2004, a court in San Francisco rejected a conservative group’s challenge to a statute allowing gay marriage because the operative phrases were separated incorrectly by a semicolon instead of by the proper conjunction."
...
“When Hemingway killed himself he put a period at the end of his life".
...
In terms of punctuation, semicolons signal something New Yorkers rarely do.
...
Source: The New York Times
It was nearly hidden on a New York City Transit public service placard exhorting subway riders not to leave their newspaper behind when they get off the train.
“Please put it in a trash can,” riders are reminded. After which Neil Neches, an erudite writer in the transit agency’s marketing and service information department, inserted a semicolon. The rest of the sentence reads, “that’s good news for everyone.”
Semicolon sightings in the city are unusual, period, much less in exhortations drafted by committees of civil servants. In literature and journalism, not to mention in advertising, the semicolon has been largely jettisoned as a pretentious anachronism.
Americans, in particular, prefer shorter sentences without, as style books advise, that distinct division between statements that are closely related but require a separation more prolonged than a conjunction and more emphatic than a comma.
...
"People have lost fortunes and even been put to death because of imprecise punctuation involving semicolons in legal papers. In 2004, a court in San Francisco rejected a conservative group’s challenge to a statute allowing gay marriage because the operative phrases were separated incorrectly by a semicolon instead of by the proper conjunction."
...
“When Hemingway killed himself he put a period at the end of his life".
...
In terms of punctuation, semicolons signal something New Yorkers rarely do.
...
Source: The New York Times
POWER OF ATTORNEY VS. PROXY
Procuração
Power of attorney: A legal document giving one person (called an "agent" or "attorney-in-fact") the power to act for another person (the principal). The agent can have broad legal authority or limited authority to make legal decisions about the principal's property and finance. The power of attorney is frequently used in the event of a principal's illness or disability, or when the principal can't be present to sign necessary legal documents for financial transactions.
Proxy: the written authority to act or vote on behalf of another person. •
proxy holder: the party authorized to vote•
proxy fight or proxy contest: a contest between two or more opposing sides to solicit proxies from shareholders in order to gain control of the company through the election of the board of directors.
proxy statement: the written material which goes with the solicitation (asking for) of a proxy from a shareholder.
“The proxy statement was filed with the Financial Supervisory Authority.”
Fontes:
Answers.com (http://www.answers.com)
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
Power of attorney: A legal document giving one person (called an "agent" or "attorney-in-fact") the power to act for another person (the principal). The agent can have broad legal authority or limited authority to make legal decisions about the principal's property and finance. The power of attorney is frequently used in the event of a principal's illness or disability, or when the principal can't be present to sign necessary legal documents for financial transactions.
Proxy: the written authority to act or vote on behalf of another person. •
proxy holder: the party authorized to vote•
proxy fight or proxy contest: a contest between two or more opposing sides to solicit proxies from shareholders in order to gain control of the company through the election of the board of directors.
proxy statement: the written material which goes with the solicitation (asking for) of a proxy from a shareholder.
“The proxy statement was filed with the Financial Supervisory Authority.”
Fontes:
Answers.com (http://www.answers.com)
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
OVERSIGHT
- fiscalização, supervisão
- engano, descuido, omissão, fiscalização
Watchful care or management; supervision or monitoring.
"When Congress performs its oversight functions, it is supervising, or looking over, the business of executive branch departments."
An unintentional omission or mistake; a careless error
"Due to a clerical oversight, he suddenly had an extra thousand dollars in his bank account."
“The commission was charged with the oversight of compliance with the new regulations.”
Note:An oversight is an omission; a failure to do something, often by the failure to notice something. “I’m sorry you weren’t included on the guest list. It was an oversight.”
Fontes:
Answers.com (http://www.answers.com)
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
- engano, descuido, omissão, fiscalização
Watchful care or management; supervision or monitoring.
"When Congress performs its oversight functions, it is supervising, or looking over, the business of executive branch departments."
An unintentional omission or mistake; a careless error
"Due to a clerical oversight, he suddenly had an extra thousand dollars in his bank account."
“The commission was charged with the oversight of compliance with the new regulations.”
Note:An oversight is an omission; a failure to do something, often by the failure to notice something. “I’m sorry you weren’t included on the guest list. It was an oversight.”
Fontes:
Answers.com (http://www.answers.com)
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
INCREASED CRITICISM FOR SARBANES-OXLEY
In light of the Enron verdicts, American attorney Kenneth Raphael analyzes some of the criticisms leveled against the Sarbanes-Oxley Act, the legislative response to the scandal.
While there were verdicts in the Enron case recently, the jury is still out with respect to the Sarbanes-Oxley Act.
In the aftermath of several corporate and accounting scandals, including Enron, WorldCom, and Tyco International, in 2002 the United States Congress passed, and President Bush signed into law, the Sarbanes-Oxley Act (also known as “SOX”) establishing new or enhanced accounting and reporting standards for all U.S. “public companies.” Under U.S. securities law, public companies (also known as “reporting companies”) are generally those which have a minimum of 300 shareholders or some public shareholders and assets of at least $5 million. All such companies are subject to the oversight of the U.S. Securities and Exchange Commission (“SEC”).
Among its numerous provisions, SOX provides standards for issues ranging from the creation of a public company accounting oversight board, auditor independence, corporate responsibility, and enhanced financial disclosure. Chief among its provisions is Section 404 which requires the creation of extensive policies and controls within public companies to secure, document, process, and verify material information dealing with financial results. It requires that each annual report filed with the SEC contain an internal control report which states management’s responsibility for establishing and implementing adequate procedures for financial reporting. This report must include an assessment of internal control structures and procedures and disclose the existence of any code of ethics which has been adopted. The accuracy of the report must be personally certified by the company’s Chief Executive Officer and its Chief Financial Officer.
Section 404 has proved to be controversial, primarily because its cost of implementation has been higher than anticipated. Although SOX does not contain any specific information technology (“IT”) requirements it has, in practice, required extensive IT modifications, particularly with respect to updating information to comply with the control and reporting requirements. According to a survey of companies with average revenue above $5 billion conducted by Financial Executives International, the costs of compliance have averaged more than $4 million. The costs for smaller companies are generally believed to be disproportionately higher.
Several industry groups believe that Section 404 compliance can cost smaller businesses (e.g. those with 250 or fewer employees) $500,000 or more per year for auditing and IT costs. Based on a recent study which analyzed proxy statements of more than 700 public companies, audit fees for companies in the Standard & Poor’s Small Cap 600 Index increased an average of 84 percent in 2004, while companies in the Standard & Poor’s Mid-Cap Index rose by 92 percent.
Thus, as a direct result of SOX, the cost of doing business for a U.S. public company has substantially increased. In many cases this has had a particularly adverse effect on foreign (non U.S.) companies that are publicly listed on U.S. stock exchanges.
As a result, many foreign companies are reconsidering whether their shares should be traded in the U.S. For example, there are approximately 300 European companies whose equity or debt are traded in the U.S. Several are now evaluating whether it makes sense to be listed in the U.S. at all. In addition to the high costs of compliance, they have taken note of the fact that U.S. institutional investors are increasingly willing to invest on European markets. In fact, since 2002 new U.S. market listings have declined by approximately 10 percent and some have attributed this in significant part to foreign-based companies.
However, the U.S. stock markets are unlikely to see an immediate mass exodus of international companies in the near future since those markets still represent the world’s largest pool of market capital. Also, even if companies delist their shares they will still have to comply with SOX until they can prove that they have fewer than 300 US shareholders.
(Kenneth J. Raphael is an American attorney with 30 years of experience in the practice of law. Born in New York, Ken served as in-house counsel with several US based companies before relocating to Geneva, Switzerland in 2002. Ken is also certified by Cambridge University as a qualified teacher of English as a Second Language. In Geneva, Ken specializes in teaching Legal and Business English. He has taught students in a wide range of industries including law, banking, accounting, manufacturing and asset management, among others. He has also spoken about legal and Legal English matters at various seminars. You can reach Ken at Kennethraphael@aol.com. )
Fonte:
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
While there were verdicts in the Enron case recently, the jury is still out with respect to the Sarbanes-Oxley Act.
In the aftermath of several corporate and accounting scandals, including Enron, WorldCom, and Tyco International, in 2002 the United States Congress passed, and President Bush signed into law, the Sarbanes-Oxley Act (also known as “SOX”) establishing new or enhanced accounting and reporting standards for all U.S. “public companies.” Under U.S. securities law, public companies (also known as “reporting companies”) are generally those which have a minimum of 300 shareholders or some public shareholders and assets of at least $5 million. All such companies are subject to the oversight of the U.S. Securities and Exchange Commission (“SEC”).
Among its numerous provisions, SOX provides standards for issues ranging from the creation of a public company accounting oversight board, auditor independence, corporate responsibility, and enhanced financial disclosure. Chief among its provisions is Section 404 which requires the creation of extensive policies and controls within public companies to secure, document, process, and verify material information dealing with financial results. It requires that each annual report filed with the SEC contain an internal control report which states management’s responsibility for establishing and implementing adequate procedures for financial reporting. This report must include an assessment of internal control structures and procedures and disclose the existence of any code of ethics which has been adopted. The accuracy of the report must be personally certified by the company’s Chief Executive Officer and its Chief Financial Officer.
Section 404 has proved to be controversial, primarily because its cost of implementation has been higher than anticipated. Although SOX does not contain any specific information technology (“IT”) requirements it has, in practice, required extensive IT modifications, particularly with respect to updating information to comply with the control and reporting requirements. According to a survey of companies with average revenue above $5 billion conducted by Financial Executives International, the costs of compliance have averaged more than $4 million. The costs for smaller companies are generally believed to be disproportionately higher.
Several industry groups believe that Section 404 compliance can cost smaller businesses (e.g. those with 250 or fewer employees) $500,000 or more per year for auditing and IT costs. Based on a recent study which analyzed proxy statements of more than 700 public companies, audit fees for companies in the Standard & Poor’s Small Cap 600 Index increased an average of 84 percent in 2004, while companies in the Standard & Poor’s Mid-Cap Index rose by 92 percent.
Thus, as a direct result of SOX, the cost of doing business for a U.S. public company has substantially increased. In many cases this has had a particularly adverse effect on foreign (non U.S.) companies that are publicly listed on U.S. stock exchanges.
As a result, many foreign companies are reconsidering whether their shares should be traded in the U.S. For example, there are approximately 300 European companies whose equity or debt are traded in the U.S. Several are now evaluating whether it makes sense to be listed in the U.S. at all. In addition to the high costs of compliance, they have taken note of the fact that U.S. institutional investors are increasingly willing to invest on European markets. In fact, since 2002 new U.S. market listings have declined by approximately 10 percent and some have attributed this in significant part to foreign-based companies.
However, the U.S. stock markets are unlikely to see an immediate mass exodus of international companies in the near future since those markets still represent the world’s largest pool of market capital. Also, even if companies delist their shares they will still have to comply with SOX until they can prove that they have fewer than 300 US shareholders.
(Kenneth J. Raphael is an American attorney with 30 years of experience in the practice of law. Born in New York, Ken served as in-house counsel with several US based companies before relocating to Geneva, Switzerland in 2002. Ken is also certified by Cambridge University as a qualified teacher of English as a Second Language. In Geneva, Ken specializes in teaching Legal and Business English. He has taught students in a wide range of industries including law, banking, accounting, manufacturing and asset management, among others. He has also spoken about legal and Legal English matters at various seminars. You can reach Ken at Kennethraphael@aol.com. )
Fonte:
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
LEGAL LATIN
The English-speaking lawyer uses Latin terms frequently.
For example:
Ultra vires (beyond powers) is applied especially to acts of directors exceeding the scope of powers granted by the articles of association of the company or the laws of the state of incorporation. e.g. "The School Board engaged in a variety of ultra vires activities." Compare intra vires (within limited powers).
Fonte:
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
Stare decisis: Ater-se a/ou respeitar caso(s) já anteriormente decidido(s). Coisa julgada. Efeitos vinculantes. "to stand by things decided/by a decision". Used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. The doctrine under which a trial court is bound by appellate court decisions on questions of law which are raised in the lower court. Trail courts cannot ignore precedents and must rely upon them until an appellate court changes the rule. Adherence to this doctrine insures certainty, consistency, and stability in the administration of justice. “He argued that the court was compelled by the principles of stare decisis and controlling precedent to dismiss the case.”
For example:
Ultra vires (beyond powers) is applied especially to acts of directors exceeding the scope of powers granted by the articles of association of the company or the laws of the state of incorporation. e.g. "The School Board engaged in a variety of ultra vires activities." Compare intra vires (within limited powers).
Fonte:
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
Stare decisis: Ater-se a/ou respeitar caso(s) já anteriormente decidido(s). Coisa julgada. Efeitos vinculantes. "to stand by things decided/by a decision". Used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. The doctrine under which a trial court is bound by appellate court decisions on questions of law which are raised in the lower court. Trail courts cannot ignore precedents and must rely upon them until an appellate court changes the rule. Adherence to this doctrine insures certainty, consistency, and stability in the administration of justice. “He argued that the court was compelled by the principles of stare decisis and controlling precedent to dismiss the case.”
BYLAWS or BY-LAWS?
Brasil: Estatuto Social
U.S.A.: Bylaws
U.K.: Articles of Association
In the U.S., BYLAWS are the administrative provisions for the internal management of a corporation, for example shareholders’ annual meetings, the board of directors, and corporate contracts and loans. Notably, the corresponding document in a UK company is called the articles of association and it contains similar provisions.
In the UK, BY-LAWS are a type of delegated legislation in the form of regulations or ordinances made by local authorities pursuant to powers given to them through Acts of Parliament, or, generally, the internal rules of an organization (but not a company).
Fontes:
Answers.com (http://www.answers.com)
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
U.S.A.: Bylaws
U.K.: Articles of Association
In the U.S., BYLAWS are the administrative provisions for the internal management of a corporation, for example shareholders’ annual meetings, the board of directors, and corporate contracts and loans. Notably, the corresponding document in a UK company is called the articles of association and it contains similar provisions.
In the UK, BY-LAWS are a type of delegated legislation in the form of regulations or ordinances made by local authorities pursuant to powers given to them through Acts of Parliament, or, generally, the internal rules of an organization (but not a company).
Fontes:
Answers.com (http://www.answers.com)
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
CLAUSE CONSTRUCTION
When drafting a clause which must incorporate a right or obligation, it is worth remembering the time-honoured principle of clause construction developed by George Coode, in which he suggested a logical order for clause construction.
Drafter's Tip
Refer to any exceptions first: e.g.“Subject to…” Next, set out the circumstances or conditions upon which the legal right or obligation depends, using the present tense: e.g.“If A does… and B does …”
Third, set out the right or obligation using the active voice and avoiding the passive (opposite of active; in grammar, the form of verb used to indicate that the subject is the recipient of the action. Passive: "The law was passed." Active: "Parliament passed the law."): e.g.“A shall do 1,2,3, and 4.”
Finally, put the provision into paragraphs and give it a heading (a title for a page, chapter or, here, a clause in a contract).
For example, in the context of a loan document, a provision allowing a borrower to draw money if the conditions precedent (a condition which must be performed before the other party is obligated to perform) have been satisfied, that is, notice has been granted in the required form, and no event of default has occurred, might be drafted as:
Heading: 7. Availability of the loan
Subject to no event of default having occurred under clause 5, if:
(a) Borrower has satisfied all the conditions precedent listed in clause 4; and
(b) Borrower has delivered to the agent a notice of drawdown in accordance with clause 11;
Lender will make available to the Borrower a term loan facility up to a maximum amount of $10,000,000.
Fonte:
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
Drafter's Tip
Refer to any exceptions first: e.g.“Subject to…” Next, set out the circumstances or conditions upon which the legal right or obligation depends, using the present tense: e.g.“If A does… and B does …”
Third, set out the right or obligation using the active voice and avoiding the passive (opposite of active; in grammar, the form of verb used to indicate that the subject is the recipient of the action. Passive: "The law was passed." Active: "Parliament passed the law."): e.g.“A shall do 1,2,3, and 4.”
Finally, put the provision into paragraphs and give it a heading (a title for a page, chapter or, here, a clause in a contract).
For example, in the context of a loan document, a provision allowing a borrower to draw money if the conditions precedent (a condition which must be performed before the other party is obligated to perform) have been satisfied, that is, notice has been granted in the required form, and no event of default has occurred, might be drafted as:
Heading: 7. Availability of the loan
Subject to no event of default having occurred under clause 5, if:
(a) Borrower has satisfied all the conditions precedent listed in clause 4; and
(b) Borrower has delivered to the agent a notice of drawdown in accordance with clause 11;
Lender will make available to the Borrower a term loan facility up to a maximum amount of $10,000,000.
Fonte:
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
EQUITY
Tudo que vc queria saber sobre "equity" mas tinha medo de perguntar...
Equity / equities: ações, capital (de uma empresa), eqüidade, participação acionária, participação patrimonial, patrimônio
Equity accounting / equity adjustment: equivalência patrimonial
Equity accounting results: resultado de equivalência patrimonial
Equity accounting loss on foreign sub'y: perda na equivalência de empresa no exterior
Equity accounts: contas de patrimônio líquido
Equity assets: bens patrimoniais
Equity award: bonificação; bônus (para diretores ou funcionários)
Equity basis: com base no patrimônio líquido
Equity basket: cesta de ações
Equity, bond and note: títulos e valores mobiliários
Equity capital: capital social, capital próprio, posição de controle acionário de uma empresa, títulos ou valoresmobiliários
Equity changes: mutações patrimoniais
Equity clause: cláusula de eqüidade
Equity conversion / debt equity conversion: conversão de dívida em investimento (credit conversion: conversão de crédito)
Equity decrease: decréscimo patrimonial
Equity financing: financiamento de capital próprio
Equity flow: fluxo econômico, financeiro
Equity fund: fundo de ações
Equity funding: investimento baseado em apólices de seguro de vida com fundo mútuo
Equity incentive plan: plano de incentivo patrimonial (prêmios em ações aos funcioonários)
Equity increase: acréscimo de capital
Equity interest valuation: avaliação do valor de uma empresa
Equity in the earnings method: método da equivalência patrimonial
Equity in the earnings of foreign branches: Rendas de ajustes em dependências no exterior
Equity instrument: títulos da dívida
Equity in subsidiaries: Equivalência Patrimonial; Resultado da Equivalência Patrimonial
Equity interest: participação acionária, direito de participação, investimento em títulos, juros sobre capital investido, título de capital
Equity investment: investimento de capital, participação societária, participação subscrita (por meio de subscrição)
Equity jurisdiction: Jurisdição de Eqüidade; jurisprudência dos Tribunais de Eqüidade
Equity kicker: parcela de negócio (oferecer parte de propriedade ou bônus ou direitos em transação) ; derivativo de ações em instrumento de débito dando direito de compra sob certas condições
Equity loan: empréstimo com garantia real (garantido por imóvel)
Equity market: mercado de ações, mercado primário de ações; mercado de subscrição de ações
Equity method of accounting: regime de equivalência patrimonial
Equity monetary adjustment: correção monetária patrimonial
Equity offer: oferta de títulos
Equity of partner: Direito que cabe ao sócio de exigir que os credores da sociedade sejam pagos com os bens sociais
Equity of redemption: direito de remissão hipotecária
Equity options / quasi-equity: opções em participações acionárias; direito de participação
Equity ownership: propriedade de um bem ou empresa
Equity participation: participação societária/patrimonial
Equity partner: sócio participante
Equity pickup: equivalência patrimonial
Equity position: situação patrimonial
Equity profit: lucro patrimonial
Equity purchase deferral: compra diferida de bens, compra adicional de ativos
Equity quota: cota-capital
Equity receiver: curador de massa falida, depositante, liquidante, síndico
Equity of redemption: direito de resgate, de remissão
Equity REIT: Truste de investimento em imóveis (REIT = Real Estate Investment Trust)
Equity right: direito patrimonial (disposable equity right = direiro patrimonial disponível)
Equity securities: capital, títulos de participação, ações em carteira
Equity share: cota de participação
Equity share capital: ações ordinárias do capital, capital social sob a forma de ações, capital de risco
Equity share in affiliate earnings/losses: ajuste de equivalência patrimonial; ajuste de investimentos em coligadas
Equity stake: participação patrimonial
Equity swap: swap de ações
Equity transfer: transferência patrimonial
Equity trial: julgamento segundo a eqüidade (Portugal)
Equity value: valor patrimonial / valor do patrimônio
Equity warrant: bônus de subscrição
Equity worth/net equity: valor de patrimônio líquido
Action in equity: ação de eqüidade / ação dispositiva (Jur)
At law or in equity: sob qualquer tipo de rito judiciário (any measures at law or in equity - todo tipo de remédio, sob qualquer rito judiciário, para ressarcimento contratual monetário ou obtenção de outros tipos de tutela / court of law: “para ressarcimento monetário conforme o contrato" / court of equity: “para injunctions, execução específica, etc.)
Average equity: Valor patrimonial médio
Better equity (UK): melhor direito
Bill of equity: petição inicial (jur)
Court of equity: jurisdição de eqüidade, Juiz Recursal
Debt to equity ratio: índice de endividamento
Debt-equity swap: troca de dívida por participação acionária
Exercisable for equity securities: Exercício sob a forma de títulos patrimoniais
Foreign equity investment: investimento de capital estrangeiro
Global equity offer: oferta global de títulos
Hear in equity: Julgar por equidade
Home equity loan: empréstimo garantido por hipoteca de residência
In equity: na jurisdição de eqüidade
Interest on net equity: juros sobre capital próprio
Loss of net equity: perda no patrimônio líquido
Negative net equity: patrimônio líquido negativo
Net equity: patrimônio líquido de uma empresa, acervo líquido
Net equity per share: Valor patrimonial por ação
Net equity per thousand shares: Valor patrimonial por lote de mil ações
Owner's equity: patrimônio líquido (do proprietário)
Portfolio's equity: patrimônio da carteira
Public Equity Offering: Oferta Pública de Ações
Return On Equity (ROE): Retorno Sobre o Patrimônio
Shareholders(British English)' equity / stockholders(American English)' equity: patrimônio líquido (dos acionistas), capital acionário, acervo patrimonial
Statement of changes in net equity: demonstração da evolução do patrimônio líquido
Suit in equity: ação de eqüidade / ação dispositiva (Judicial)
The Federal Equity Department: Delegacia de Patrimônio da União
Voting equity share capital capital de risco com direito a voto
Want of equity: falta de amparo legal
Equity is a term with several meanings, both in the law and in finance.
The term ‘equity’ may also be addressed in the context of fairness in the application of law.
Attorneys who practice banking and finance and corporate law commonly use the term equity to describe the money value of a property, or a risk interest or ownership right in property such as the ownership interests of shareholders in a company. It may also be used to refer to the common stock of a company. “The company said it plans to defer a $150 million equity offering to later in 2006.”
equity - Stock in a company, including both common and preferred shares. Shares are often referred to as equity securities or just equities.
“The investor was seeking an investment in equities.”
Other use: In accounting, funds contributed by shareholders through direct payments or retained earnings are called shareholders’ equity.
Equity in a financial context has the following meanings:
• the net assets of a company after payment of creditors is called the shareholders’ equity (also referred to as owners’ equity);
• the ownership interest in an asset minus the debt owed on the asset, e.g. the owner of a house worth €100,000 with a mortgage of €75,000 is said to have equity in the house of €25,000;
• the ownership interest in a company represented by shares as opposed to bonds; here we speak about ‘equity financing’ as opposed to ‘debt financing’;
• in a brokerage account, the excess of securities over a debit balance in a margin account.
Equity securities (Participações Acionárias): shares and other transferable securities equivalent to shares in companies, as well as any other type of transferable securities giving the right to acquire any of the aforementioned securities as a consequence of their being converted or the rights conferred by them being exercised, provided that securities of the latter type are issued by the issuer of the underlying shares or by an entity belonging to the group of the said issuer.
Fontes:
Business Dictionary - Paulo N. Migliavacca
Business Matters: (BCI, Maria Cristina Vondrak)
Dicionário Jurídico - Maria Chaves de Mello
Dicionário Jurídico - Noronha
Dicionário de Termos Financeiros e de Investimento (BOVESPA)
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2) Outros glossários
Equity / equities: ações, capital (de uma empresa), eqüidade, participação acionária, participação patrimonial, patrimônio
Equity accounting / equity adjustment: equivalência patrimonial
Equity accounting results: resultado de equivalência patrimonial
Equity accounting loss on foreign sub'y: perda na equivalência de empresa no exterior
Equity accounts: contas de patrimônio líquido
Equity assets: bens patrimoniais
Equity award: bonificação; bônus (para diretores ou funcionários)
Equity basis: com base no patrimônio líquido
Equity basket: cesta de ações
Equity, bond and note: títulos e valores mobiliários
Equity capital: capital social, capital próprio, posição de controle acionário de uma empresa, títulos ou valoresmobiliários
Equity changes: mutações patrimoniais
Equity clause: cláusula de eqüidade
Equity conversion / debt equity conversion: conversão de dívida em investimento (credit conversion: conversão de crédito)
Equity decrease: decréscimo patrimonial
Equity financing: financiamento de capital próprio
Equity flow: fluxo econômico, financeiro
Equity fund: fundo de ações
Equity funding: investimento baseado em apólices de seguro de vida com fundo mútuo
Equity incentive plan: plano de incentivo patrimonial (prêmios em ações aos funcioonários)
Equity increase: acréscimo de capital
Equity interest valuation: avaliação do valor de uma empresa
Equity in the earnings method: método da equivalência patrimonial
Equity in the earnings of foreign branches: Rendas de ajustes em dependências no exterior
Equity instrument: títulos da dívida
Equity in subsidiaries: Equivalência Patrimonial; Resultado da Equivalência Patrimonial
Equity interest: participação acionária, direito de participação, investimento em títulos, juros sobre capital investido, título de capital
Equity investment: investimento de capital, participação societária, participação subscrita (por meio de subscrição)
Equity jurisdiction: Jurisdição de Eqüidade; jurisprudência dos Tribunais de Eqüidade
Equity kicker: parcela de negócio (oferecer parte de propriedade ou bônus ou direitos em transação) ; derivativo de ações em instrumento de débito dando direito de compra sob certas condições
Equity loan: empréstimo com garantia real (garantido por imóvel)
Equity market: mercado de ações, mercado primário de ações; mercado de subscrição de ações
Equity method of accounting: regime de equivalência patrimonial
Equity monetary adjustment: correção monetária patrimonial
Equity offer: oferta de títulos
Equity of partner: Direito que cabe ao sócio de exigir que os credores da sociedade sejam pagos com os bens sociais
Equity of redemption: direito de remissão hipotecária
Equity options / quasi-equity: opções em participações acionárias; direito de participação
Equity ownership: propriedade de um bem ou empresa
Equity participation: participação societária/patrimonial
Equity partner: sócio participante
Equity pickup: equivalência patrimonial
Equity position: situação patrimonial
Equity profit: lucro patrimonial
Equity purchase deferral: compra diferida de bens, compra adicional de ativos
Equity quota: cota-capital
Equity receiver: curador de massa falida, depositante, liquidante, síndico
Equity of redemption: direito de resgate, de remissão
Equity REIT: Truste de investimento em imóveis (REIT = Real Estate Investment Trust)
Equity right: direito patrimonial (disposable equity right = direiro patrimonial disponível)
Equity securities: capital, títulos de participação, ações em carteira
Equity share: cota de participação
Equity share capital: ações ordinárias do capital, capital social sob a forma de ações, capital de risco
Equity share in affiliate earnings/losses: ajuste de equivalência patrimonial; ajuste de investimentos em coligadas
Equity stake: participação patrimonial
Equity swap: swap de ações
Equity transfer: transferência patrimonial
Equity trial: julgamento segundo a eqüidade (Portugal)
Equity value: valor patrimonial / valor do patrimônio
Equity warrant: bônus de subscrição
Equity worth/net equity: valor de patrimônio líquido
Action in equity: ação de eqüidade / ação dispositiva (Jur)
At law or in equity: sob qualquer tipo de rito judiciário (any measures at law or in equity - todo tipo de remédio, sob qualquer rito judiciário, para ressarcimento contratual monetário ou obtenção de outros tipos de tutela / court of law: “para ressarcimento monetário conforme o contrato" / court of equity: “para injunctions, execução específica, etc.)
Average equity: Valor patrimonial médio
Better equity (UK): melhor direito
Bill of equity: petição inicial (jur)
Court of equity: jurisdição de eqüidade, Juiz Recursal
Debt to equity ratio: índice de endividamento
Debt-equity swap: troca de dívida por participação acionária
Exercisable for equity securities: Exercício sob a forma de títulos patrimoniais
Foreign equity investment: investimento de capital estrangeiro
Global equity offer: oferta global de títulos
Hear in equity: Julgar por equidade
Home equity loan: empréstimo garantido por hipoteca de residência
In equity: na jurisdição de eqüidade
Interest on net equity: juros sobre capital próprio
Loss of net equity: perda no patrimônio líquido
Negative net equity: patrimônio líquido negativo
Net equity: patrimônio líquido de uma empresa, acervo líquido
Net equity per share: Valor patrimonial por ação
Net equity per thousand shares: Valor patrimonial por lote de mil ações
Owner's equity: patrimônio líquido (do proprietário)
Portfolio's equity: patrimônio da carteira
Public Equity Offering: Oferta Pública de Ações
Return On Equity (ROE): Retorno Sobre o Patrimônio
Shareholders(British English)' equity / stockholders(American English)' equity: patrimônio líquido (dos acionistas), capital acionário, acervo patrimonial
Statement of changes in net equity: demonstração da evolução do patrimônio líquido
Suit in equity: ação de eqüidade / ação dispositiva (Judicial)
The Federal Equity Department: Delegacia de Patrimônio da União
Voting equity share capital capital de risco com direito a voto
Want of equity: falta de amparo legal
Equity is a term with several meanings, both in the law and in finance.
The term ‘equity’ may also be addressed in the context of fairness in the application of law.
Attorneys who practice banking and finance and corporate law commonly use the term equity to describe the money value of a property, or a risk interest or ownership right in property such as the ownership interests of shareholders in a company. It may also be used to refer to the common stock of a company. “The company said it plans to defer a $150 million equity offering to later in 2006.”
equity - Stock in a company, including both common and preferred shares. Shares are often referred to as equity securities or just equities.
“The investor was seeking an investment in equities.”
Other use: In accounting, funds contributed by shareholders through direct payments or retained earnings are called shareholders’ equity.
Equity in a financial context has the following meanings:
• the net assets of a company after payment of creditors is called the shareholders’ equity (also referred to as owners’ equity);
• the ownership interest in an asset minus the debt owed on the asset, e.g. the owner of a house worth €100,000 with a mortgage of €75,000 is said to have equity in the house of €25,000;
• the ownership interest in a company represented by shares as opposed to bonds; here we speak about ‘equity financing’ as opposed to ‘debt financing’;
• in a brokerage account, the excess of securities over a debit balance in a margin account.
Equity securities (Participações Acionárias): shares and other transferable securities equivalent to shares in companies, as well as any other type of transferable securities giving the right to acquire any of the aforementioned securities as a consequence of their being converted or the rights conferred by them being exercised, provided that securities of the latter type are issued by the issuer of the underlying shares or by an entity belonging to the group of the said issuer.
Fontes:
Business Dictionary - Paulo N. Migliavacca
Business Matters: (BCI, Maria Cristina Vondrak)
Dicionário Jurídico - Maria Chaves de Mello
Dicionário Jurídico - Noronha
Dicionário de Termos Financeiros e de Investimento (BOVESPA)
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2) Outros glossários
COMMENCE
Commence
(verb) to start or begin.
"The trial commenced with the prosecutor’s opening statement."
Synonym
initiate: "The plaintiff initiated proceedings against the defendant by filing suit in district court."
Antonyms
conclude: "The meeting concluded with a question and answer session."
cease: "The court ordered to the defendant to cease harassing the claimant."
terminate: "When its sole buyer terminated the contract, the seller decided to no longer manufacture the widgets."
Common phrases
commence litigation- file a lawsuit "If we do not receive a reply within 10 days, we will have no choice but to commence litigation in a court of general jurisdiction."
commencing on - refers to the date on which something commences. "We will monitor your usage commencing on 15 May and notify you monthly if we notice any irregularities."
Related words and concepts
enter into force (verb) - to become legally valid. "When the insurance policy entered into force on 15 May 2004, the manufacturer was able to begin production."
Fonte:
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
(verb) to start or begin.
"The trial commenced with the prosecutor’s opening statement."
Synonym
initiate: "The plaintiff initiated proceedings against the defendant by filing suit in district court."
Antonyms
conclude: "The meeting concluded with a question and answer session."
cease: "The court ordered to the defendant to cease harassing the claimant."
terminate: "When its sole buyer terminated the contract, the seller decided to no longer manufacture the widgets."
Common phrases
commence litigation- file a lawsuit "If we do not receive a reply within 10 days, we will have no choice but to commence litigation in a court of general jurisdiction."
commencing on - refers to the date on which something commences. "We will monitor your usage commencing on 15 May and notify you monthly if we notice any irregularities."
Related words and concepts
enter into force (verb) - to become legally valid. "When the insurance policy entered into force on 15 May 2004, the manufacturer was able to begin production."
Fonte:
Translegal Digest (http://www.translegal.com/digest/modules/smartnews/item.php?itemid=2)
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