The Companies (Welsh Language Forms and Document) (Amendment) Regulations 1995

Made: 7th March 1995

Coming into force: 1st April 1995

The Secretary of State, in exercise of the powers conferred on him by sections 10(2), 12(3), 287(3), 288(2), 363(2), 710B(3) and 744[^f00001] of the Companies Act 1985[^f00002], as extended by section 26(3) of the Welsh Language Act 1993[^f00003], hereby makes the following Regulations:

1

These Regulations may be cited as the Companies (Welsh Language Forms and Documents) (Amendment) Regulations 1995, and shall come into force on 1st April 1995.

2

In these Regulations a reference to a numbered section, part or schedule is a reference to a section, part or schedule of the Companies Act 1985.

3

In these Regulations “the 1994 Regulations” means the Companies (Welsh Language Forms and Documents) Regulations 1994[^f00004].

4

Forms 10 CYM, 12 CYM, 287 CYM, 288a CYM, 288b CYM, 288c CYM, and 363 CYM in the Schedule to these Regulations, with such variations as circumstances require, are additional forms prescribed for the purposes of sections 10(2), 12(3), 287(3), 288(2) AND 363(2) respectively.

5

Forms 287 CYM, 288 CYM and 363 CYM in the Schedule to the 1994 Regulations shall be revoked with effect from 1st April 1996.

6

There shall be inserted before paragraph (a) of Regulations 4(2) of the 1994 Regulations the following:

(a) a copy of the memorandum and articles of a relevant company as delivered for registration, or as altered;

SCHEDULE

Signed

David Durham — A Grade 4 Office in the — Department of Trade and Industry — 7th March 1995

Explanatory note

(This note does not form part of the Regulations)

These Regulations further amend, with effect from 1st April 1995, the Companies (Welsh Language Forms and Documents) Regulations 1994 (“the 1994 Regulations”) which prescribed certain additional forms under the Companies Act 1985 (“the Act”) in Welsh as well as in English.

These Regulations prescribe the following new forms which are in Welsh as well as in English, namely:

• a statement of the first directors and secretary and intended situation of the registered office of a company, under section 10 of the Act; and

• a statutory declaration of compliance with the requirements on application for registration of a company, under section 12 of the Act.

In addition they prescribe amended additional forms in Welsh as well as English, namely:

• a form for giving notice to the registrar of companies of a change in the situation of a company’s registered office address, under section 287 of the Act;

• forms for giving notice to the registrar of companies of particulars of appointment and resignation of directors and secretaries, and of any change in the particulars contained in the register, under section 288 of the Act; and

• an annual return form, for the purpose of section 363 of the Act (delivery of annual returns).

The amendments to these forms are intended to make them easier to use. The previously prescribed additional forms are revoked with effect from 1st April 1996, but remain forms prescribed for the relevant provisions of the Act until that date.

The Regulation also prescribe that a copy of the memorandum and articles (and any alteration thereto) of a relevant company (as defined in Regulation 4(3) of the 1994 Regulations) whose registered office is to be in Wales may be delivered in Welsh to the registrar of companies without being accompanied by a certified translation into English.

Footnotes

[^f00001]: See the definition of “presrcibed”.

[^f00002]: 1985 c. 6. Sections 287 and 363 of the Companies Act 1985 are substituted by Sections 136 and 139 of the Companies Act 1989 (1989 c. 40). Section 288 is amended by Section 143(6) of the Companies Act 1989. Section 710B is inserted in to the Companies Act 1985 by the Welsh Language Act 1993.

[^f00003]: 1993 c. 38.

[^f00004]: S.I. 1994/117, amended by S.I. 1994/727.