OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations are made following the commencement of the Welsh Language Act 1993. That Act makes provision for the use of the Welsh language generally for official purposes, but contains specific provisions concerning documents to be delivered to the registrar of companies.

The Regulations prescribe additional forms which are in Welsh as well as in English, namely:

  • an additional 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 Companies Act 1985 (“the Act”);

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

As a result of section 710B(3)(b) of the Act, inserted by the Welsh Language Act 1993, these forms may be filled out in Welsh without an accompanying certified English translation where a company’s memorandum states that its registered office is to be situated in Wales. (The registrar himself is required to obtain a translation in such cases.)

The Regulations also prescribe, for the purpose of section 710B(3)(a) of the Act, certain accounting documents which may be delivered to the registrar of companies in Welsh without being accompanied by a certified English translation (the registrar again being required to obtain a translation). This provision preserves the effect of section 255E (Delivery of accounting documents in Welsh only) which is repealed by the Welsh Language Act 1993. It also extends the scope of this provision to public companies which are not listed companies.

The Regulations also prescribe the manner of certifying a correct translation of a document into English for the purpose of section 710B(8) of the Act — that is, for cases where a document may be delivered to the registrar in Welsh, but with an English translation. In the case of a translation obtained by the registrar pursuant to section 710B(4), the regulations prescribe that the translation may be certified by the person from whom the registrar has obtained the translation.