Glossary entry

German term or phrase:

Zirkularweg

English translation:

by circular vote

Added to glossary by Michael Alger
Dec 23, 2004 05:02
19 yrs ago
14 viewers *
German term

Zirkularweg

German to English Law/Patents Law (general)
Beschlüsse können auch schriftlich auf dem Zirkularwege gefasst werden.

This sentence comes from the charter of a foundation. I feel it means something like 'providing the resolution is circulated in writing to all members', but I have never heard of the German expression before and basically would like confirmation, or to be put on the right track.

Proposed translations

+2
2 hrs
Selected

by circular vote

Your text may be a Swiss, Liechtenstein or Austrian text where this expression "auf dem Zirkularwege" is widely used.

What your sentence means is this:

Resolutions may also be adopted in writing by circular vote.

This doesn't mean the resolution is circulated to all members. What it means is that the voting members of the Foundation Council receive a voting form (which is in writing of course) whereby they may exercise their voting rights. Usually resolutions may only be adopted at duly convened Council meetings. A lot of "Statuten" (these are usually translated "regulations" or "articles of association"), however, do allow resolutions to be taken by circular vote (i.e. members do not record their votes at a meeting but complete a voting form).

Please note that "auf dem Zirkularweg" is nothing to do with "by proxy"! If you say "Resolutions may also be adopted by proxy", this would mean something completely different! There are no substitute voters involved. It simply means that the Council members do not meet to cast their votes.

Whether we like it or not, the standard translation for this has become "by circular vote". This is the term usually used in English translations and the expression your (Swiss etc.) customer will most likely expect to appear in his/her "Stiftungsstatuten" (which would be "Stiftungssatzung" in Austria/Germany).
Peer comment(s):

agree Michael Kucharski
3 hrs
neutral Albert Fischer (Dipl. Jur., LL.B., BDÜ) : circular vote refers to the board rather
1806 days
yep, that's what it is and the board passes its resolutions in writing "by circular vote" and uses a "circular letter" in order to do so.
agree Henry Schroeder
4993 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks innsbruck. Your explanation was convincing."
7 mins

by proxy/ by polling

Declined
I think this has been asked in similar fashion recently:

http://www.proz.com/kudoz/48248
Something went wrong...
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