The Companies (Welsh Language Forms) Regulations 2003

Statutory Instruments

2003 No. 62

COMPANIES

The Companies (Welsh Language Forms) Regulations 2003

Made

9th January 2003

Coming into force

27th January 2003

The Secretary of State, in exercise of the powers conferred upon her by sections 10(2), 10(2A), 288(2), 363(2) and 744 of the Companies Act 1985(1), as extended by section 26(3) of the Welsh Language Act 1993(2), and of all other powers enabling her in that behalf hereby makes the following Regulations:

1.—(1) These Regulations may be cited as the Companies (Welsh Language Forms) Regulations 2003 and shall come into force on 27th January 2003.

(2) In these Regulations, references to a numbered section are to a section of the Companies Act 1985.

2.—(1) Forms 10 cym, 288a cym and 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), 288(2) and 363(2) for use by a company whose memorandum states that its registered office is to be situated in Wales.

(2) Form 363s cym in the Schedule to these Regulations, with such variations as circumstances require, is an additional form prescribed for the purposes of section 363(2) where the form has been delivered to a company whose memorandum states that its registered office is to be situated in Wales by the Registrar for the purposes of an annual return by that company.

(3) Form 723SR cym in the Schedule to these Regulations, with such variations as circumstances require, is a form prescribed for the purposes of sections 10(2A) and 288(2) for use by a director of a company whose memorandum states that its registered office is to be situated in Wales.

(4) Form 723(change) cym in the Schedule to these Regulations, with such variations as circumstances require, is a form prescribed for the purposes of section 288(2) for use by a director of a company whose memorandum states that its registered office is to be situated in Wales.

3.  Notwithstanding Regulation 2, the following forms shall remain in use as alternatives to the forms in the Schedule to these Regulations for use by a company whose memorandum states that its registered office is to be situated in Wales, save that the forms referred to in Regulation 2 (or their English-language equivalents) must be used where the director of a company in question is the beneficiary of a Confidentiality Order made under section 723B—

(a) forms 10 cym, 288a cym and 288c cym in the schedule to the Companies (Welsh Language Forms and Documents) (Amendment) Regulations 1995(3);

(b) form 363 cym in the schedule to the Companies (Welsh Language Forms) (Amendment) Regulations 1999(4);

(c) form 363s cym in the schedule to the Companies (Welsh Language Forms) (Amendment) Regulations 2000(5).

Claire Clancy

for Secretary of State,

Department of Trade and Industry

9th January 2003

Explanatory Note

(This note is not part of the Regulations)

With effect from 2nd April 2002, the Companies (Forms) (Amendment) Regulations 2002 (the “Forms Regulations”)

(i) created a new form 723SR for the purposes of both section 10(2A) and section 288(2) of the Companies Act 1985 and a new form 723(change) for the purposes of sections 288(2), and

(ii) prescribed amended forms including forms 10, 288a and 288c, and 363 and 363s for the purposes of sections 10(2), 288(2) and 363(2) of the Companies Act 1985 respectively and provided for the continued use as alternatives to such new forms various forms prescribed in earlier statutory instruments.

These Regulations prescribe forms 10 cym, 288a cym, 288c cym, 363 cym, 363s cym, 723SR cym and 723(change) cym which are Welsh language alternatives to the forms prescribed by the Forms Regulations. The use of such Welsh language alternatives will be effective from 27th January 2003. Any of the forms will be provided by the Registrar of Companies to any company whose registered office is situated in Wales and which notifies the Registrar that it wishes to receive a form in the Welsh language instead of forms 10, 288a, 288c, 363, 363s, 723SR and 723(change).

(1)

1985 c. 6.

(2)

1993 c. 38.

(3)

S.I. 1995/734.

(4)

S.I. 1999/2357.

(5)

S.I. 2000/2413.