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Legal English - memorandum of association
Adapted from: International Legal English (CUP) pp. 23 - 24
Vocabulary
Expired = passed
Who have the right to = entitled to
Instead = in lieu thereof
Provided = on condition
Repealed = cancelled
Amended = revised
Vested in = given to
Modals - Shall
Meanings in Legal English:
Will for the future when used with another modal e.g. "Until two years shall have expired"
Will for promise e.g. " The power to alter ... shall be vested in"
Must for obligation e.g. " The Corporation shall keep minutes of all meetings..."
"The Corporation shall also maintain appropriate accounting records..."
"The Corporation shall maintain a record of its shareholders..."
Homework
- Look at the uses of may - what does it express? Ability? Possibility? Permission?
- Download a pdf copy of the D'Amico memorandum of association and search for typical verbs such as shall, may and must. How frequent are they? How are they used?
4 comments:
I trust science
http://www.bbc.com/news/world-australia-36486474
let's hope so, what a terrible loss if the Great Barrier Reef were destroyed.
The uses of may and shall.
MASSACHUSETTS SENATE
LEGISLATIVE DRAFTING AND LEGAL MANUAL Third Edition2003
Counsel to the Senate
State House, Room 200
Boston, MA 02133
722-1470
The Senate Counsel’s office has prepared the third edition of this Manual to help legislative lawyers and other staff who are drafting or reviewing bills for the Massachusetts Senate. We hope you will find it useful.
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E. Use of particular words
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· “Shall” and “may”.
1. A duty, obligation, requirement, or condition precedent is best expressed by "shall".
2. Use "shall" if the verb it qualifies is in the active voice. Example: "The aggrieved party shall file (active verb in active voice) the application."
3. Use "may" to confer a power, privilege, or right.
Examples "The applicant may demand (power) an extension of time".
"The applicant may appeal (right) the decision."
4. Use "shall not" to express a prohibition.
5. Avoid using hortatory qualifiers, such as "will", "should" and "ought", in the text of a bill.
Excellent research!
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