Feb 8 14:42
3 mos ago
25 viewers *
French term

prise en ses Etablissements

French to English Law/Patents Engineering: Industrial A Memorandum of Understanding between two companies
This appears on the first page of a MoU:

Here is the context

La société XXXX, filiale du groupe XXXX, société par actions simplifiée au capital de XXXX euros, dont le siège est XXXX, immatriculée au Registre du Commerce et des Sociétés de Bobigny sous le n° XXXX, prise en ses Établissements de Dunkerque et Mardyck,

The MoU does concern their facility in Dunkirk, but not their facility in Mardyck.

The contract was signed in Paris but the company in question does have facilities in Dunkirk and Mardyck. I have tried looking on Proz and other terminology databases but have not found any useful suggestions.

Could it be: that this subsidiary "oversees the sites" in Dunkirk and Mardyck?
Proposed translations (English)
3 +2 considered in respect of its Establishments of ...

Discussion

Daryo Feb 16:
Dunkerque and Mardyck being two towns or two quarters of the same town makes no difference here.
They are still two separate locations where this company conducts its business.

The contract can ONLY be made with a legal entity - this company based in Paris.
"prise en ses Établissements de Dunkerque et Mardyck" means that the contract is applicable to / concerns only these two "places of business".

Bourth Feb 8:
Dunkerque vs Mardyck For what it's worth, in case it makes a difference, AM's D and M sites are barely 3km apart. Furthermore, Mardyck is no longer a town in its own right, having been merged with Dunkirk.
Bourth Feb 8:
considered in respect of The same expression can be found for prise en la personne de, so while it could in this case be 'having its place of business at' or something similar, 'considered in respect of' would work for both cases.

elle doit être menée pour la société prise en la personne de son représentant légal

le litige l'opposant à la société [...], dont le siège est [...] , en la personne de Mme Y... V..., prise [presumably the company, not the lady] en qualité de mandataire liquidataire, défenderesse à la cassation.

serait contraire à l’intérêt social de la société, prise en tant que personne morale autonome

si elle a été délivrée par la société, prise en la personne de son directeur général et président,
philgoddard Feb 8:
I wonder if it means 'domiciled for the purposes of this agreement at its Dunkerque and Mardyck sites'.
http://www.proz.com/kudoz/french-to-english/law-patents/2092...

Proposed translations

+2
43 mins
Selected

considered in respect of its Establishments of ...

I take it "MoU" is "Memorandum of Understanding".

You say the MoU doesn't concern the facility in Mardyck, which is puzzling. But maybe there's some obscure reason why (for example) this document must also be sent to Mardyck, or relates to it.

If you search online you'll see that this sort of phrase occurs quite a lot, and often involves more than one establishment, or it might be "prise en ses Etablissements de moins de 50 salariés" ... which strongly suggests that the intention is to filter in/out certain establishments of a large company only.

But I think this filtering is **for the purpose of** this particular document.

If you know/find that these are the ONLY establishments which this company owns that would tend to invalidate my suggestion of course.
Note from asker:
Thank you for your help. I do think Phil's suggestion is correct in this context as the company does indeed have two mills located in Dunkirk and Mardyck and the Memorandum concerns the steel mills.
Peer comment(s):

agree Bourth : see my comment under Discussion
1 hr
Thanks
neutral philgoddard : Sorry, this sounds like translationese. We don't use 'establishment' in this context, and 'of' is the wrong word.
2 hrs
Hahaha
agree Daryo : Definitely right - say the right sources // as opposed to guessing from general purpose dictionaries / everyday language ...
7 days
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4 KudoZ points awarded for this answer.

Reference comments

7 days
Reference:

Establishment vs company

The Relationship Between Business and Establishment

The relationship between business and establishment is simple, Moody's Analytics says.

A business or firm is a legal entity, and an establishment is a location.

For example, suppose you and your best friend form an LLC and open a vegan restaurant. Business booms and you open two more. Your LLC is the firm; each restaurant is a separate establishment.

The U.S. Bureau of Labor Statistics (BLS) says any statistical economic analysis needs to define its terms, such as the relationship between "business" and "establishment." In casual conversation, it's fine to refer to each store in a chain as a separate business. The BLS says it uses "firm" when studying employment because that captures the role of corporations better than treating each establishment as a separate employer.
https://smallbusiness.chron.com/difference-between-business-...

What Is an Establishment?

An establishment is a business location for a company that is engaged in a single activity. It's a place where the business is conducted with the objective of getting paid for selling goods or services, even if no specific sales actually take place at that location.

An establishment can be:

A factory where goods are made
An assembly facility where goods are put together, such as an auto assembly plant
A warehouse where goods are stored before they're shipped or sold
A retail store where goods are sold
An office where services are performed for compensation
A branch location for a business can be an establishment. For example, if you have a home office in New Jersey and branch offices in Pennsylvania and Maryland, you have establishments in all three of these locations.
https://www.thebalancemoney.com/establishment-398251#:~:text...
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