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Glossary entry

French term or phrase:

Pouvoir du

English translation:

Power of signatory/signing authority

Added to glossary by Lara Barnett
Dec 13, 2016 16:51
7 yrs ago
4 viewers *
French term

Pouvoir du

Non-PRO French to English Law/Patents Business/Commerce (general) Instructions for a tender
From list of items that tenderer must include in his general or administrative file.

Pouvoir du signataire habilité à agir au nom et pour le compte du soumissionnaire et engageant la société ou l’entreprise pour la réalisation du marché objet du présent cahier des charges. Il doit être original, daté et signé par le soumissionnaire ;
Proposed translations (English)
3 +3 Power of signatory/signing authority
5 +1 Proof of authority [credentials]
3 +3 power of attorney
4 Power as (an authorised signatory)
Change log

Dec 13, 2016 18:18: Rachel Fell changed "Level" from "PRO" to "Non-PRO"

Votes to reclassify question as PRO/non-PRO:

PRO (2): Daryo, AllegroTrans

Non-PRO (3): writeaway, Rob Grayson, Rachel Fell

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Proposed translations

+3
42 mins
French term (edited): Pouvoir du signataire
Selected

Power of signatory/signing authority

It is POSSIBLE but not necessary for a signatory to hold a formal power of attorney, hence this alternative answer to Tony's

In UK it's usually just a written authority

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Note added at 1 day53 mins (2016-12-14 17:45:04 GMT)
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Important notice : Persons authorised to collect the documents must provide an
identity document and a power of signatory for the aforementioned documents.
monaco.gouv.mc

[...] habilitées à retirer les documents doivent se munir d'une pièce
d'identité et d'un pouvoir du signataire desdits documents.
monaco.gouv.mc

What is signing authority? definition and meaning ...
www.businessdictionary.com/definition/signing-authority.htm...
Legal power delegated by an authoritative body (such as a board of directors) to organizational positions (such as president, managing director, manager) appointing them as agents of the organization for general or specific purposes (such as payment authority, revenue authority, spending authority).

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Note added at 1 day54 mins (2016-12-14 17:46:01 GMT)
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https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web...

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Note added at 1 day55 mins (2016-12-14 17:46:30 GMT)
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DEPARTMENT OF THE TREASURY SIGNING AUTHORITY FOR ...
https://www.ttb.gov/forms/f51001.pdf
SIGNING AUTHORITY FOR CORPORATE AND LLC OFFICIALS. OMB No. 1513-0036 (06/30/2017). NAME AND COMPLETE ADDRESS OF CORPORATION ...
Signing Authority and Class Codes | Finance | Finance | UPEI.
www.upei.ca/finance/accounting/signing-authority-and-class-...
Signing Authority and Class Codes. Signing Authorities. All expenditures of University funds (including research) require the signature of the University ...
Peer comment(s):
agree B D Finch : You got there first. I think it would be very unusual for the person concerned to hold a power of attorney. Companies have lists of authorised signatories and some are authorised to exercise more limited powers than others.
5 mins
thanks and yes indeed
agree Chakib Roula
1 hr
thanks
neutral Tony M : Yes, but the 'pouvoir' is a specific instrument; I think you're parsing it wrongly, it is "the signatory's power" — except that 'power' needs to be taken as a physical document. Not quite; Daryo has put it better.
2 hrs
yes but not necessarily a POA in this context of merely authorising signatories
agree Yvonne Gallagher
4 hrs
thanks
Something went wrong...
4 KudoZ points awarded for this answer.
44 mins

Power as (an authorised signatory)

Pouvoir du signataire habilité //à agir au nom et pour le compte du soumissionnaire ...

http://www.seqlegal.com/blog/10-key-facts-about-english-cont...
"Authorised Signatures and Authorised Persons
One of the mistakes made by many small businesses is in obtaining the signature of the correct person on a contractual agreement. Legally, to bind a company to a contract, it must be signed by a person who has the authority to do so. This would normally be a director of the company, its solicitor, or a manager. Far too often in my experience small businesses enter into transactions sending a written contract for a signature and they failed to ask the questions to confirm that the individual whom they are dealing with is legally representing the company. It can be as easy as obtaining confirmation in the form of an email or fax stating that “Joe Bloggs” is Director of X Ltd and authorised to sign on behalf of the company."

--------------------------------------------------
Note added at 55 mins (2016-12-13 17:46:35 GMT)
--------------------------------------------------

http://rfconseil.grouperf.com/article/0239/ms/rfconsms0239_5...
https://goo.gl/zE9lhe
Peer comment(s):
neutral Daryo : the one signing the bid is not necessarily a company director - could be anyone as long as properly authorised ...
1 hr
You are reading too much into the specifics of a single citation. I am well aware that an authorised signatory need not be a director.
neutral Tony M : The trouble with using the abstract 'power' alone is that it doesn't indicate a specific physical document, as required here.
1 day 18 hrs
That is a good point. Though one does refer to a "power of attorney" meaning both the document and the power it confers, it might be worth using the term "mandate" to avoid confusion..
Something went wrong...
+1
2 hrs
French term (edited): Pouvoir du signataire

Proof of authority [credentials]

Pouvoir du signataire habilité à agir au nom et pour le compte du soumissionnaire et engageant la société ou l’entreprise pour la réalisation du marché objet du présent cahier des charges. Il doit être original, daté et signé par le soumissionnaire

Il doit être original, daté et signé par le soumissionnaire => "pouvoir" HERE is a standalone document, prepared on purpose to confirm the authority of the signatory to sign on behalf of the bidder(s).

https://en.wikipedia.org/wiki/Credential

one very relevant sample of corporate "proof of authority" - used for bidding:


https://www.mdt.mt.gov/publications/docs/forms/contracting/r...
Peer comment(s):
agree Tony M : Yes, in this context, that's what it should be!
1 hr
Thanks! yes - context, context, context ...
Something went wrong...
+3
5 mins
French term (edited): pouvoir

power of attorney

The 'du' shouldn't really be parsed wlong with the 'pouvoir'.

A 'pouvoir' is any kind of 'power of attorney' or 'form of proxy' etc. that a principal gives to an agent so they have the power to sing document and transact other business on their behalf. It is both the abstract notion of what they are given ('power to act...') and also the physical embodiment of this in an actual document etc.

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Note added at 5 heures (2016-12-13 22:17:47 GMT)
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Note that despite Asker's confusing parsing, I firmly believe that 'pouvori' stands on its own here, and simply means 'the [document] held by the person duly authorized to sign'.

Although in general legal terms we do of course speak of a 'power of attorney' — which can be both the abstract notion AND the physical document — as a number of people have pointed out, this is probably not the right term in this specifically contractual context. I would therefore withdraw my suggestion in terms of the actual expression (though I stand by my explanation!), in favour of the more appropriate suggestion made by our colleague Daryo.
Peer comment(s):
agree Delina Alwanger
1 hr
Thanks, Delina!
agree Maria S. Loose, LL.M. : I agree because the power of attorney is a document.
1 hr
Thanks, Maria! Yes, this is a point that often confuses people
agree Chakib Roula
2 hrs
شكرا Chakib!
Something went wrong...
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