Mar 28, 2014 16:00
10 yrs ago
1 viewer *
French term

(une somme n'est pas) acquis

French to English Bus/Financial Management
In a management report: in the process of settling with a CEO on variable items of compensation, an amount "est en charge pour [l'entreprise] mais n’est pas acquis au mandataire social compte tenu des conditions de performance et de présence."

The conditions of "présence" (employment) is a technicality since, while acting in that capacity, the CEO at that time had not yet been mandated by a general shareholders' meeting (which they aim to do this time around).

What I understand from the phrase is that the amount is borne by the company (i.e., has been posted as an account payable), but has not been collected. Still, somehow, "acquis" is this sense does not feel like "collected".

Any help to smooth out kinks will be appreciated.

Discussion

Parrot (asker) Mar 31, 2014:
@Jo Your second answer is closer (may be payable). A reading of the longer document hints that "performance" may also include long-term share performance, and this is part of a multi-year compensation package.
Parrot (asker) Mar 29, 2014:
One problem with the word 'acquis' is precisely this connotation of entitlement. I settled at first for "collected" because it avoided that issue. If I named names and brands you'd do the same - doubts on entitlement and performance can only be raised internally. The picture in financial statements is more of a CEO confident enough of performance to submit a board decision to shareholders on a measured basis: that if you paid him for performance, he'd collect more than if you made it a fixed part of his wages and just raised his targets. (Actually, by law, such a decision really has to go before shareholders). In fact, I think he's gunning for share options.
Parrot (asker) Mar 28, 2014:
Nice shot, Tony you can bet I tried every 'acquis' and drew zilch...
Parrot (asker) Mar 28, 2014:
And... Trading on the French stock exchange started in the middle of last year.
Parrot (asker) Mar 28, 2014:
Oh... SAU denotes a structure where a single person (individual or legal) holds 100% shares. The outfit started this way and we're talking about the owner. So talking about "employment" is probably another technicality.
Parrot (asker) Mar 28, 2014:
That's what I understand by the technicality I'm not acquainted with the French operations of this (Fr) client, as I've only handled his Spanish business. In Spain he can legally be a one-man show, but it seems in France he is subject to shareholders' approval, having recently started trading on the stock exchange. (In Spain some of the biggest outfits in retail are one-person holdings, SAUs).
philgoddard Mar 28, 2014:
I don't fully understand the context, but does it mean a provision has been made for the payment, but he/she is not entitled to it?

Proposed translations

+1
26 mins
French term (edited): être acquis à
Selected

to be paid over to

'être acquis à' is a set expression, with a variety of possible meanings, of which here are a few examples from R+C:

être acquis à
ce droit nous est acquis  : we have now established this right as ours
ses faveurs nous sont acquises  : we can count on ou be sure of his favour
être acquis à un projet  : to be in complete support of ou completely behind a plan
cette région est acquise à la gauche  : this region is a left-wing stronghold ou is solidly left-wing


In your particular context (only!) I would say my suggestion above would be the neatest way of rendering the idea.

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Note added at 1 heure (2014-03-28 17:18:59 GMT)
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The idea is to some extent that of 'taken on board' — the Mandataire has not 'taken ownership' of the money; it's just that we find it odd to express it 'backwards' in this sort of passive way in EN, so we need to turn it round:

'the sum has not been taken ownership of by the Mandataire'
'ownership of the sum has not been taken by the Mandataire'

and from there, we get something more like my suggestion above; or you might say something like "...has been accounted for, but the Mandataire has not yet received it" etc. etc.
Peer comment(s):

agree AllegroTrans : yes and you could turn it round completely and use "not entitled to" in the conext of Asker's text
6 hrs
Thanks, C!
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4 KudoZ points awarded for this answer. Comment: "Thank you everybody!"
15 hrs

the CEO is not entitled to

Hello

I can't help thinking although it is not what others feel that the CEO n'a pas acquis le droit à cette argent because of his poor performance and presence.

A payment clause which is suspended in such a case

My reference is not so much to support my idea as several examples seem to be translated in various ways depending on context. (including 'not payable' which is my idea but there are others too that are similar to Tony's idea on the matter)
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18 hrs

liability (to the CEO) has not been accepted

As set out in the definitions provided by Tony M, 'acquis' has the sense of solidly acquired. Here the overall sense of the sentence is that the company has made provision for the sum of money, (so recognising that they may have to pay it) but has not yet accepted liability, in view of the employment and performance conditions. (Presumably there is an ongoing debate about whether these have been fulfilled).
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23 hrs

may not be payable.

I have realised that 'has not accepted liability' - my previous suggestion- would work if the context were litigation, but this is a description of a compensation package in a report. The company has made provision for this sum, but it may not be payable to the CEO as it depends on fulfilment of (attendance?) and performance conditions
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2 days 13 hrs

(is not yet) earned

Same usage as in 'primes acquises' = premiums earned (or earned as opposed to unearned premiums), in insurance.

Variable compensation is compensation, meaning earned income to the recipient. It cannot be paid until it has been earned, meaning ALL of the conditions have been met.

"vested" is another possibility, esp. where the only conditions are passage of time and continued employment by the company. But wherever *performance* is explicitly involved, prefer "earned".
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Reference comments

2 hrs
Reference:

Mandataire social

cette définition vous apportera quelques éclaircissements quant à son rôle dans cette société, ce que votre contexte ne donne pas.

http://fr.wikipedia.org/wiki/Mandataire_social
Note from asker:
Thank you!
Peer comments on this reference comment:

agree writeaway
5 hrs
merci
agree Tony M : Very helpful!
6 hrs
merci
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