cделки с заинтересованностью

[Лиза]

Пожалуйста, помогите перевести.

Выражение встречается в следующем контексте:

В ходе проведения собрания был утвержден годовой отчет, одобрены сделки с заинтересованностью, которые могут быть совершены обществом в будущем, приняты изменения в устав общества и рассмотрены иные вопросы повестки дня.

Заранее спасибо,

Лиза

[Slava]

А чего бы в словаре Мультитран не посмотреть? Там все есть, однако.

[U2]

проблема, кажется, в том, что буква "c" набрана латиницей. Или правда не смотрели. interested party transaction (на случай, если все-таки лень посмотреть)

[Igelru]

Гарантирую, что вариант related party transactions - правильный. Сами писали в пояснительной то же самое.

[U2]

для Штатов - точно, правильный. А в нашей среде вроде юзают interested party transaction. и пипл хавает.

[V]

Related and interested are as different in English as "заинтересованные" (стороны) и "аффилированные" are in Russian.
So it all depends on your context.
Pl. clarify.

[U2]

Это из ФЗ об АО - перевод Батлера (столь нелюбимого Earl-ом и столь дословного) - за неимением лучшего цитирую.
Русский найти нетрудно в яндексе. Номера статей могли поменяться.
Имхо - заинтересованной стороной является член совета директоров или другой руководящий работник - поскольку сделка предположительно будет заключена самим заинтересованным лицом вместе с аффилированными лицами. Поэтому, имхо, interested party trn, предпочтительно - да вроде бы и устаканился этот перевод для нашей реалии.

Chapter XI. Interest in Conclusion of Transaction by Company

Article 81. Interest in Conclusion of Transaction by Company

The member of a council of directors (or supervisory council) of a company, person holding office in other management organs of the company, stockholder(s) possessing jointly with their affiliated person(s) 20% or more of the voting stocks of the company, if the said persons, their spouses, parents, children, brothers, sisters, and also all their affiliated persons, shall be deemed to be persons interested in the conclusion of a transaction by the company:

who is a party to such transaction or participates therein in the capacity of a representative or intermediary;
possesses 20% or more of the voting stocks (or participatory shares, shares) of a juridical person which is a party to the transaction or participates therein as a representative or intermediary;
holds office in the management organs of the juridical person which is a party to the transaction or participates therein as a representative or intermediary.

Article 82. Information on Interest in Conclusion of Transaction by Company

The persons specified in Article 81 of this Federal Law shall be obliged to bring to the information of the council of directors (or supervisory council) of the company, audit commission (or internal auditor) of the company, and the auditor of the company information concerning:

juridical persons in which they possess autonomously or jointly with their affiliated person(s) 20% or more of the voting stocks (or participatory shares, shares);
juridical persons in whose management organs they hold office;
transactions known to them to be concluded or proposed in which they may be deemed to be interested persons.

Article 83. Requirements for Procedure of Concluding Transactions in Conclusion of Which There is an Interest

1. A decision concerning the conclusion by a company with a number of stockholders-possessors of voting stocks of less than one thousand of a transaction in the conclusion of which there is an interest shall be adopted by the council of directors (or supervisory council) of the company by a majority of votes of the directors who are not interested in the conclusion thereof.

2. A decision concerning the conclusion by the company with a number of stockholders-possessors of voting stocks of one thousand or more of a transaction in the conclusion of which there is an interest shall be adopted by the council of directors (or supervisory council) of the company by a majority of votes of the independent directors who are not interested in the conclusion thereof.

An independent director shall be a member of the council of directors (or supervisory council) who is not a one-man executive organ of the company (director, director-general) or member of the collegial executive organ of the company (board, directorate) if his spouse, parents, children, brothers, or sisters are not persons holding office in the management organs of the company.

In order to adopt a decision concerning the conclusion of a transaction in the conclusion of which there is an interest it must be established by the council of directors (or supervisory council) that the value which the company receives for property being alienated for services being granted is not lower than the market value of such property or services determined in accordance with Article 77 of this Federal Law, or the value of the acquisition of property or services does not exceed the market value of this property or services determined in accordance with Article 77 of this Federal Law.

3. A decision concerning the conclusion by the company of a transaction in the conclusion of which there is an interest shall be adopted by the general meeting of stockholders-possessors of voting stocks by a majority of votes of the stockholders who are not interested in the transaction, in the following instances:

if the amount of payment with regard to the transaction and the value of the property which is the subject of the transaction, determined in accordance with Article 77 of this Federal Law, exceed 2% of the assets of the company;
if the transaction and/or several mutually-linked transactions are the placement of voting stocks of the company or other securities convertible into voting stocks in a quantity exceeding 2% of voting stocks previously placed by the company.
4. The conclusion of a transaction in the conclusion of which there is an interest shall not require the decision of the general meeting of stockholders provided for by point 3 of this Article in instances if:
the transaction itself represents a loan granted by the interested person to the company;
the transaction is concluded in the process of the effectuation of the ordinary economic activity between the company and the other party occurring before the moment from which the interested person is deemed to be such in accordance with Article 81 of this Federal Law (the decision shall not be required before the date of the conducting of the next general meeting of stockholders).
5. If it is impossible to determine on the date of conducting the general meeting of stockholders the transactions concluded in continuation of the economic relations between the company and the other party to the transaction in the conclusion of which an interest may arise in the future, the requirements of point 3 of this Article shall be considered to be fulfilled on condition of the adoption by the general meeting of stockholders of a decision concerning the establishment of contractual relations between the company and the other person, specifying the character of the transactions which may be concluded and the maximum amounts thereof.
6. If all the members of the council of directors (or supervisory council) of the company are deemed to be interested persons, a transaction may be concluded by decision of the general meeting of stockholders adopted by a majority of votes of the stockholders who are not interested in the transaction.

7. If a transaction in the conclusion of which there is an interest simultaneously is a large-scale transaction connected with the acquisition or transfer by the company of property, the provisions of Chapter X of this Federal Law shall apply to the procedure of concluding it.

8. Additional requirements for the procedure of concluding a transaction in the conclusion of which there is an interest may be established by the Federal Commission for Securities and the Stock Market attached to the Government of the Russian Federation.

Article 84. Consequences of Failure to Comply with Requirements for Transaction, in Conclusion of Which There is an Interest

1. A transaction in the conclusion of which there is an interest concluded with a violation of the requirements for a transaction provided for by Article 83 of this Federal Law may be deemed to be invalid.

2. The interested person shall bear responsibility to the company in the amount of losses caused by him to the company. If several persons bear responsibility, their responsibility to the company shall be joint and several.

[U2]

RELATED PARTY TRANSACTION is an interaction between two parties, one of whom can exercise control or significant influence over the operating policies of the other. A special relationship may exist, e.g. a corporation and a major shareholder.
http://www.ventureline.com/glossary_R.asp