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Statutory Instruments

2008 No. 1860

Companies

The Companies (Welsh Language Forms) (Amendment) Regulations 2008

Made

3rd July 2008

Coming into force

1st October 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 363(2) of the Companies Act 1985(1) and section 1167 of the Companies Act 2006(2), as extended by section 26(3) of the Welsh Language Act 1993(3).

1.  These Regulations may be cited as the Companies (Welsh Language Forms) (Amendment) Regulations 2008 and come into force on 1st October 2008.

2.  Form 363 cym in the Schedule to these Regulations, with such variations as circumstance require, is an additional form prescribed for the purposes of section 363(2) Companies Act 1985 for use by a company whose memorandum states that its registered office is to be situated in Wales.

3.—(1) Except to the extent specified in paragraph (2), the following forms are revoked—

(a)Forms 363 cym and 363s cym in the Schedule to the Companies (Welsh Language Forms) Regulations 2003(4)

(b)Form 363s cym in the Schedule to the Companies (Welsh Language Forms) (Amendment) Regulations 2000(5), and

(c)Form 363 cym in the Schedule to the Companies (Welsh Language Forms) (Amendment) Regulations 1999(6)

(2) Notwithstanding paragraph (1), the forms mentioned in that paragraph may continue to be used for an annual return delivered to the registrar made up to a date before 1st October 2008.

Gareth Jones

for Secretary of State

Department for Business, Enterprise and Regulatory Reform

3rd July 2008

SCHEDULE

Welsh 1
Welsh 2
Welsh 3
Welsh 4
Welsh 5
Welsh 6
Welsh 7
Welsh 8
Welsh 9
Welsh 10
Welsh 11

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe amended form 363 cym for the purposes of section 363(2) of the Companies Act 1985, with effect from 1 October 2008. The form is in Welsh as well as English.

The Regulations also revoke the following existing forms—

(i)Forms 363 cym and 363s cym (prescribed by the Companies (Welsh Language Forms) Regulations 2003),

(ii)Form 363s cym (prescribed by Companies (Welsh Language Forms) (Amendment) Regulations 2000), and

(iii)Form 363 cym (prescribed by Companies (Welsh Language Forms) (Amendment) Regulations 1999).

The forms referred to at paragraph (ii) and (iii) were retained as alternatives to the forms prescribed by the Companies (Forms) (Amendment) Regulations 2002. Continued use of the revoked forms is permitted for returns made up to a date before 1 October 2008.

Form 363 cym is amended to reflect amendments to the shareholder information provided. The amendments are made by the Companies Act 1985 (Annual Return) Regluations 2008 (S.I.2008/1659) applying to annual returns made up to a date on or after 1 October 2008. The type of inforamtion to be supplied depends on whether or not any of the company’s shares were shares admitted to trading on a regulated market during the period to which the return relates.

(1)

1985 c. 6; section 363 was substituted by section 139(1) of the Companies Act 1989(c.40).