CONVEYING THE SEMANTICS OF THE TERMS OF CORPORATE LAW “SLIYANIE”, “POGLOSHHENIE” AND “PRISOEDINENIE” WHEN TRANSLATED INTO ENGLISH

Abstract

Тhe article aims to analyze the ways of conveying the semantics of the terms of corporate law “sliyanie”, “pogloshhenie” and “prisoedinenie” when translated into English. The research material was the texts of codes, laws and other regulatory legal acts in the fi eld of corporate law of the Russian Federation and the USA, textbooks, manuals and articles on corporate law, as well as dictionary articles of monolingual and bilingual legal dictionaries. The results of a comparative study showed that the legal institution of reorganization of a legal entity, known to the corporate and tax law of the United States, differs signifi cantly from the institute of reorganization within the framework of corporate law of the Russian Federation. The translation of the terms “sliyanie” and “prisoedinenie”,which denote the forms of reorganization provided for by Russian legislation, causes the greatest diffi culties due to the semantic shift observed today in the understanding of the English terms “merger”, “acquisition” and “consolidation” due to the translation of the names of corporate control transfer transactions “mergers and acquisitions” (M&A) that has become entrenched in practice as “sdelki sliyaniya i pogloshheniya”. When translating the terms “sliyanie” and “prisoedinenie”, which denote the forms of reorganization provided for by Russian legislation, experts draw parallels with the well-known American law reorganization of the type “A reorganization”, combining “merger or consolidation”. However, the differences in the scope of legal consequences make it possible to distinguish between the semantic content of the term “merger” in the broad sense, combining sliyanie and prisoedinenie, and the term “merger” in the narrow sense, equivalent to the term “prisoedinenie”, and also separately consider the term “consolidation” as equivalent to the term “sliyanie”