Guía y propuesta de la traducción de documentos de transferencia internacional de sede social (inglés- español)

Abstract

..It is well known that legal language is often characterised as obscure and incomprehensible. Despite the efforts that are increasingly being made to ensure that this language is no longer incomprehensible to non-specialists in legal matters, it is true that this type of language seems to us, especially to the layman, to be quite complicated to understand on some occasions. This problem is not only due to the terms or the specialised phraseology used, but also to the fact that on many occasions it is necessary to know what we are talking about in order to be able to interpret the meaning of the text. Not all of us are familiar with legal or commercial processes, how laws work or administrative issues. This knowledge and understanding of the underlying legal reality is necessary for the translator or interpreter to be able to fulfil his or her role. This study presents a guide for translators who need to deal with the field of company law, more specifically with international transfers of registered offices. This operation is very often carried out and experts in private international law encounter difficulties in drafting the necessary documentation because there are no prototypical documents. Translators, for their part, cannot find parallel texts. This is why we decided to prepare a guide and a proposal for documentation (in English and Spanish) for lawyers and legal and commercial translators who need help when working with these international operations. In order to carry out this work, a methodology based on comparative law is presented in order to provide real translation solutions from an interdisciplinary point of view. Firstly, manuals on company law and monographs and studies on the international transfer of registered offices are consulted. To this end, the legislation is studied from a dual perspective: on the one hand, how a UK company can leave its country and, on the other, how a foreign company can become a Spanish company. Throughout the article (part 4), the aim is to address these issues in a way that provides a guide for the translator, so that he or she can quickly understand what this complex legal process consists of. Finally, two documents are presented, one in Spanish and the other in English, which can serve as a base or parallel document for both legal practitioners and sworn translators who require a prototypical document to present when dealing with an international transfer of registered office.