il Cliente risulti protestato

English translation: The Client has received a notice of default or dishono/u/r

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:il Cliente risulti protestato
English translation:The Client has received a notice of default or dishono/u/r
Entered by: Adrian MM.

17:06 Oct 9, 2020
Italian to English translations [PRO]
Bus/Financial - Finance (general)
Italian term or phrase: il Cliente risulti protestato
This is from a contract, the full sentence is as follows:

"XYZ si riserva di non accettare la proposta di Contratto e di non dare seguito all'attivazione dei Servizi, nei seguenti casi:

– il Cliente risulti protestato o soggetto a procedure esecutive"

I've only come across 'protestato' referring to promissory notes that aren't paid, rather than referring to a person/entity that fails to pay. Could anyone enlighten me as to what term we would use for this in US English?

Thanks in advance.
Daniel Spencer
United Kingdom
Local time: 01:19
The Customer / Client has received a notice of default or AmE: dishonor
Explanation:
Asker: 'Could anyone enlighten me as to what term we would use for this in US English?' CCJ strikes me as Anglo-centric.

AmE & CanE: notice of dishonor BrE: of dishonour > generally, registration of an adverse entry made for protest or default.
Selected response from:

Adrian MM.
Austria
Grading comment
Thanks for all the suggestions and reference material. I opted for this answer in the end as it took into account the US English nature of the query. Thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1in case the Client is found to be protested
Isabella Nanni
2The Customer / Client has received a notice of default or AmE: dishonor
Adrian MM.
Summary of reference entries provided
PROTEST / PROTESTO
Inter-Tra

Discussion entries: 5





  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
in case the Client is found to be protested


Explanation:
The term "protestato" was already covered on Proz
https://www.proz.com/kudoz/italian-to-english/finance-genera...


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Note added at 7 mins (2020-10-09 17:14:12 GMT)
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I'm not sure the term "protestato" can be translated as "insolvent" or "deafaulted" since it only pertains to unpaid checks/promissory notes

Isabella Nanni
Italy
Local time: 02:19
Specializes in field
Native speaker of: Italian

Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: But you can't protest a person or company.
11 mins
  -> so I guess the person would be insolvent in English, which means the approved translation I found on Proz is wrong since the original text referred to a person in that case too

agree  Inter-Tra: Yes, " When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may, within a reasonable time, cause such dishonour to be noted and certified by a notary public. Such certificate is called a protest
16 hrs
  -> grazie
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3 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
The Customer / Client has received a notice of default or AmE: dishonor


Explanation:
Asker: 'Could anyone enlighten me as to what term we would use for this in US English?' CCJ strikes me as Anglo-centric.

AmE & CanE: notice of dishonor BrE: of dishonour > generally, registration of an adverse entry made for protest or default.

Example sentence(s):
  • IATE: it protesto per mancato pagamento en protest for non-payment / dishonourr
  • Protesto: dir. Atto con cui un pubblico ufficiale constata e dichiara che non è avvenuto il pagamento di un titolo di credito.

    Reference: http://legal-dictionary.thefreedictionary.com/Notice+of+dish...
    Reference: http://www.levelset.com/blog/california-stop-notices/
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 77
Grading comment
Thanks for all the suggestions and reference material. I opted for this answer in the end as it took into account the US English nature of the query. Thank you!
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Reference comments


16 hrs
Reference: PROTEST / PROTESTO

Reference information:
Title : THE NEGOTIABLE INSTRUMENTS ACT, 1881
Year : 1881

CHAPTER IX
OF NOTING AND PROTEST

99.Noting.
99.Noting. When a promissory note or bill of exchange ha s been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each.

Such note must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or, if the instrument has not been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notarys charges.

100. Protest.
100.Protest. When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may, within a reasonable time, cause such dishonour to be noted and certified by a notary public. Such certificate is called a protest.

Protest for better security. When the acceptor of a bill of exchange has become insolvent, or his credit has been publicly impeached, before the maturity of the bill, the holder may, within a reasonable time, cause a notary public to demand better security of the acceptor, and on its being refused may, within a reasonable time, cause such facts to be noted and certified as aforesaid. Such certificate is called a protest for better security.

35.101.Contents of protest.

101.Contents of protest.A protest under section 100 must contain-
(a) either the instrument itself, or a literal transcript of the instrument and of everything written or printed thereupon;

(b) the name of the person for whom and against whom the instrument has been protested ;

(c) astatement that payment or acceptance, or better security, as the case may be, has been demanded of such person by the notary public ; the terms of his answer, if any, or a statement that he gave no answer or that he could not be found ;

(d) when the note or bill has been dishonoured, the place and time of dishonour, and, when better security has been refused, the place and time of refusal ;

(e) the subscription of the notary public making the protest;

(f) in the event of an acceptance for honour or of a payment for honour, the name of the person by whom, of the person for whom, and the manner in which, such acceptance or payment was offered and effected.

1[A notary public may make the demand mentioned in clause (c) of this section either in person or by his clerk or, where authorized by agreement or usage, by registered letter.]

102.Notice of protest.
102.Protest for non-payement after dishonour by non-acceptacne.
When a promissory note or bill of exchange is required by law to be protested, notice of such protest must be given instead of notice of dishonour, in the same manner and subject to the same conditions ; but the notice may be given by the notary public who makes the protest.

103.Protest for non-payement after dishonour by non-acceptacne.
All bills of exchange drawn payable at some other place than the place mentioned as the residence of the drawee, and which are dishonoured by non-acceptance, may, without further presentment to the drawee, be protested for non-payment in the place specified for payment, unless paid before or at maturity.

104.Protest of foreign bills. Foreign bills of exchange must be protested for dishonour when such protest is required by the law of the place where they are drawn.


---------------------------------------------------------------------
1 Ins. by Act 2 of 1885, s. 5.---------------------------------------------------------------------


36.1[104A.When noting equivalent to protest. For the purposes of this Act, where a bill or note is required to be protested within a specified time or before some further proceeding is taken, it is.
sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding ; and the formal protest may be extended at any time thereafter as of the date of the noting.]

Last updated on May, 2015
Title : THE NEGOTIABLE INSTRUMENTS ACT, 1881
Year : 1881



CHAPTER IX


OF NOTING AND PROTEST


99.Noting.


99.Noting. When a promissory note or bill of exchange ha s been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each.

Such note must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or, if the instrument has not been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notarys charges.


100. Protest.
100.Protest. When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may, within a reasonable time, cause such dishonour to be noted and certified by a notary public. Such certificate is called a protest.

Protest for better security. When the acceptor of a bill of exchange has become insolvent, or his credit has been publicly impeached, before the maturity of the bill, the holder may, within a reasonable time, cause a notary public to demand better security of the acceptor, and on its being refused may, within a reasonable time, cause such facts to be noted and certified as aforesaid. Such certificate is called a protest for better security.


35.101.Contents of protest.
101.Contents of protest.A protest under section 100 must contain-
(a) either the instrument itself, or a literal transcript of the instrument and of everything written or printed thereupon;

(b) the name of the person for whom and against whom the instrument has been protested ;

(c) astatement that payment or acceptance, or better security, as the case may be, has been demanded of such person by the notary public ; the terms of his answer, if any, or a statement that he gave no answer or that he could not be found ;

(d) when the note or bill has been dishonoured, the place and time of dishonour, and, when better security has been refused, the place and time of refusal ;

(e) the subscription of the notary public making the protest;

(f) in the event of an acceptance for honour or of a payment for honour, the name of the person by whom, of the person for whom, and the manner in which, such acceptance or payment was offered and effected.


1[A notary public may make the demand mentioned in clause (c) of this section either in person or by his clerk or, where authorized by agreement or usage, by registered letter.]



102.Notice ofprotest.
102.Protest for non-payement after dishonour by non-acceptacne.
When a promissory note or bill of exchange is required by law to be protested, notice of such protest must be given instead of notice of dishonour, in the same manner and subject to the same conditions ; but the notice may be given by the notary public who makes the protest.

103.Protest for non-payement after dishonour by non-acceptacne.
103.Protest for non-payement after dishonour by non-acceptacne.
All bills of exchange drawn payable at some other place than the place mentioned as the residence of the drawee, and which are dishonoured by non-acceptance, may, without further presentment to the drawee, be protested for non-payment in the place specified for payment, unless paid before or at maturity.

104.Protest of foreign bills.
104.Protest of foreign bills. Foreign bills of exchange must be protested for dishonour when such protest is required by the law of the place where they are drawn.


---------------------------------------------------------------------
1 Ins. by Act 2 of 1885, s. 5.---------------------------------------------------------------------


36.1[104A.When noting equivalent to protest. For the purposes of this Act, where a bill or note is required to be protested within a specified time or before some further proceeding is taken, it is.
sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding ; and the formal protest may be extended at any time thereafter as of the date of the noting.]

Last updated on May, 2015


    Reference: http://www.helplinelaw.com/docs/the-negotiable-instruments-a...
Inter-Tra
Italy
Specializes in field
Native speaker of: Native in ItalianItalian
PRO pts in category: 19
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