Oct 19, 2006 11:00
17 yrs ago
48 viewers *
Italian term

"recesso"

Italian to English Bus/Financial Finance (general) loans
Si discute del contratto per un finanziamento (prestito)
'... vorrei sapere se in tale contratto è previsto il recesso da parte di xxxxx e, se sì, in quali circostanze.'
Mi sono sempre chiesto qual'è la migliore traduzione, withdrawal , termination, cancellation ?

Discussion

DCypher (X) Oct 20, 2006:
Congratulations. You have coined a new term :) See the definition link provided below which discusses demand loans
James (Jim) Davis (asker) Oct 20, 2006:
Well you guys, Thanks for all the help. You really have been great on this one. However as I telephoned my client to ask what the situation was, I found that the translation was for my client's lawyers in London and not for any kind of publication to be read by the "enemy", so I could put footnotes and relax a little. So I put a "loan call of termination clause" or something like that. So who gets the points. Patricia or Paul? Sorry RFMoon, but it was just too difficult to spell. Well Paul, I can't divide them, I have to be gentleman especially since Patricia has fewer points than you.
Thank you again every one, and now down to the next file!
Rosanna Palermo Oct 20, 2006:
within a certain amount of time or under certain circumstances. In NY you have 3 days to rescind a contract for a mortgage. All of these terms are well known in the business world. Early termination without penalty would be the "generic flavor"..Good luck
Rosanna Palermo Oct 20, 2006:
Paul is right. I would stay away from withdrawl the reason being it is used al least here in the US to indicate the act of taking money out of an account, not paying obligations. A rescindment gives rights to either party to terminate the agreement
Rosanna Palermo Oct 20, 2006:
Hi James if the bank wants the balance paid immediately, they would "call" the loan", if the borrower wants to fulfill his obligations to the bank prior to the loan expiration date, it would be a pre-payment clause involving or not involving a penalty.
DCypher (X) Oct 20, 2006:
Anyway, go translate!...and godspeed with the deadline. Cheers!
DCypher (X) Oct 20, 2006:
I disagree. Call is the standard term used on term sheets. The Board would know this language. We are not talking about withdrawing from a contract but exercise a right within the terms of a contract. I used to see things every day
James (Jim) Davis (asker) Oct 20, 2006:
Hi Paul,
technically it is a "call" clause, but in the context, I think its too technical to put it into the words of the speaker, who probably wouldn't know what a call clause was. I think I'll go for "termination", or better. Here, there are summones flying around all over the place over this one. Termination or withdrawal is something I can easily find in a dictionary and say, hey look, this is what the word means. Hope it doesn't come anywhere near that though. Its all useful stuff, though. Oh and I'm on a very tight deadline.
Cheers
DCypher (X) Oct 20, 2006:
Extract from US REIT document "(b) Loan is callable by Lender after August 1, 1999." I would use the term regardless of the nature of the lender.
DCypher (X) Oct 20, 2006:
OK. As in my answer. "Do they have the right to (can they) call the loan?" "No, however, we are able to repay the loan early (prepay) without incurring any penalties". Loans are sometimes callable by lender after a certain date or upon breach of covenant
James (Jim) Davis (asker) Oct 20, 2006:
Paul. Its a board meeting. They have a term sheet. The contract hasn't been written. A major shareholder (company - not a bank) is offering the company a loan. A Director is asking the above question. The reply is no, but that the borrower has the right to repay the loan without any penalty.
DCypher (X) Oct 19, 2006:
The borrower? Does it refer to the cooling off period? Or later during the life of the loan? Personal or commercial?

Proposed translations

+1
2 hrs
Italian term (edited): recesso
Selected

withdrawal or termination

Broadly (and not to be taken as gospel!)
"termination" of a contract can come about by mutual agreement of the parties or one of the parties defaulting and the other party exercising the right to terminate.
"withdrawal" as I see it is often just the right of one of the parties to end the agreement due to default by another, so it's actually the same as termination (or a subset). You can't withdraw from a contract before it starts because there's nothing to withdraw from.
Rescission is unmaking the contract from the very beginning to put the parties back into the position they were before they started due to some inherent defect
Cancellation I think is just a catchall term that includes all of the above
In your case I presume it's the borrower asking the question so the lender can "withdraw" (or simply "terminate" the contract by right) from the contract if the borrower is in breach for some reason and so making him/her liable to repay before the due date.
Note from asker:
Thanks very much, Patricia, its one of those terms I've been translating for years wondering which of the three is correct. I'll leave it up here, though and see if anyone else has anything to add.
Peer comment(s):

agree maryrose : nice and clear
9 hrs
thanks Maryrose!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you Patricia"
29 mins
Italian term (edited): recess

withdrawal

withdrawal
Something went wrong...
+5
8 mins
Italian term (edited): recesso

withdrawal

I hope it helps...

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Note added at 1 hr (2006-10-19 12:01:39 GMT)
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What is the scope of the Directive?

The directive covers businesses’ behaviour in relation to transactions with consumers where this affects consumers’ economic behaviour. In other words, practices that impact on decisions like whether or not to buy a product, and if so from whom. This definition also covers behaviour that might influence consumers' decisions on whether or not to exercise a right under a contract with a business, like making a claim on an insurance policy for instance, or exercising a right to return goods, ***withdraw from a loan contract*** or end a subscription.
The directive does not cover businesses’ dealings with other businesses. Nor does it cover any matters of taste or decency, health and safety or contract law.

http://europa.eu.int/rapid/pressReleasesAction.do?reference=...


"The text also gives more leeway for governments to adapt certain rules and gives consumers 14 days to ***withdraw from a loan contract***. "

http://www.ft.com/cms/s/8735f0ea-39c0-11da-806e-00000e2511c8...
Note from asker:
Yes, but does that mean, in the specific context of a legal loan contract that "cancel" or "terminate" are wrong? And if so is that because they have a different meaning?
I've often come across the example you cite, but its highly specific and always refers to a right for consumers to withdraw before the contract has really started. There are no consumers in my contract and the right could be at any time. The lenders right to end the contract would require the borrower to repay the principal. The question the person is asking is "could we be asked to repay the loan before the due date?".
Thank you Umberto
Peer comment(s):

agree Petja Mladenova
1 min
Thanks Petja!
agree Caterina Passari : yes:)
56 mins
Grazie Caterina !
agree Peter Cox
3 hrs
thanks Peter !
agree Jean Martin
5 hrs
thanks Jean !
agree maryrose
11 hrs
thanks maryrose
Something went wrong...
14 hrs

rescindment clause

A rescindment clause is a provision that allows for the contract to be altered, modified or be declared null and void by one or more parties.

"I'd like to know if the contract includes a rescindment clause "

re‧scind  /rɪˈsɪnd/ Pronunciation Key - Show Spelled Pronunciation[ri-sind] Pronunciation Key - Show IPA Pronunciation

–verb (used with object) 1. to abrogate; annul; revoke; repeal.
2. to invalidate (an act, measure, etc.) by a later action or a higher authority.


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[Origin: 1630–40; < L rescindere to tear off again, cut away, equiv. to re- re- + scindere to tear, divide, destroy]

—Related forms
re‧scind‧a‧ble, adjective
re‧scind‧er, noun
re‧scind‧ment, noun


—Synonyms 1. nullify; retract, withdraw. 2. countermand, repeal, veto.

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Note added at 14 hrs (2006-10-20 01:13:36 GMT)
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or
I would like to know if the contract covers the possibility of XXX rescinding, and if so, under which circumstances

or

if the contract allows rescindment/provides for rescindment by XXX
Note from asker:
Thank you RF. Have you got a first name? RFmoon is so formal. ;-)
Something went wrong...
+1
7 hrs

call

The lender sometimes has the contractual right to "call the loan". This is typically tied to certain conditions - contractual or economic - changing.

I assume from your other comments that we are talking about a commercial loan.

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Note added at 7 hrs (2006-10-19 18:28:22 GMT)
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that is, breach of covenant and/or economic....

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Note added at 7 hrs (2006-10-19 18:37:53 GMT)
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Could the bank push for the restructuring? If the bank has no priority, the borrower may choose to ignore the bank's wishes (i.e. the bank could threaten to call the loan, but the borrower - anticipating the dreadful consequences not only for himself but also for the bank - realizes that the bank would never carry out such a threat). When the bank has priority, the prioritized claim may nsulate the bank from these dreadful consequences. It could now credibly threaten to call the loan. This identifies an important advantage of
bank financing: timely intervention.

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Note added at 7 hrs (2006-10-19 18:39:18 GMT)
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The interest rate is fixed at 5.66% for the first ten years and then will be reset to a market rate. The lender has the option to call the loan on April 15, 2013 or any time thereafter.

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Note added at 7 hrs (2006-10-19 18:42:25 GMT)
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Once the money is granted, IFC leverage declines slowly with time. IFC always has the option to strongly persuade the client to change their activity and in the worse case scenario, call the loan.

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Note added at 1 day1 hr (2006-10-20 12:08:10 GMT)
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Here is your dictionary definition (should you need it :) )

http://www.answers.com/topic/call-27

Note from asker:
Cheers Paul
Peer comment(s):

agree Rosanna Palermo
17 hrs
Something went wrong...
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