2004 No. 675 (W.64)
The RTM Companies (Memorandum and Articles of Association) (Wales) Regulations 2004
Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred on the Secretary of State by section 26(3) of the Welsh Language Act 19931 which are now exercisable by virtue of the National Assembly for Wales (Transfer of Functions) Order 19992 so far as exercisable in relation to Wales and the powers given to it by sections 74(2), (4) and (6) and 178(1) of the Commonhold and Leasehold Reform Act 20023, hereby makes the following Regulations:
Name, commencement and application1
1
These Regulations are called the RTM Companies (Memorandum and Articles of Association) (Wales) Regulations 2004 and shall come into force on 31st March 2004.
Form and content of memorandum and articles of association of RTM companies2
1
Subject to paragraph (4) the memorandum of association of a RTM company shall take the form, and include the provisions, set out in Part 1 of Schedule 1 to these Regulations.
2
Subject to paragraph (4) the articles of association of a RTM company shall take the form, and include the provisions, set out in Part 2 of Schedule 1.
3
Subject to paragraph (4) the provisions referred to in paragraphs (1) and (2) shall have effect for a RTM company whether or not they are adopted by the company.
4
Where a RTM company wishes to have either its memorandum of association or its articles of association, or both, in Welsh, those documents shall take the form, and include the provisions respectively set out in Parts 1 and 2 of Schedule 2.
5
Where —
a
a RTM company has adopted a memorandum of association and articles of association before the coming into force of these Regulations; and
b
the memorandum and the articles, or either of them, do not comply, as to content, with the requirements of paragraphs (1) and (2) or, in the case of Welsh language documents, paragraph (4),
the memorandum and articles will be treated, on and after the coming into force of these Regulations, as including such of the provisions set out in the Schedule as are required to secure compliance with those requirements (whether in addition to or, as the circumstances require, in substitution for their original content).
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19986
SCHEDULE 1MEMORANDUM AND ARTICLES OF ASSOCIATION OF RTM COMPANIES
PART 1MEMORANDUM OF ASSOCIATION
PART 2ARTICLES OF ASSOCIATION
SCHEDULE 2MEMORANDUM AND ARTICLES OF ASSOCIATION OF RTM COMPANIES
PART 1MEMORANDUM OF ASSOCIATION
PART2ARTICLES OF ASSOCIATION
(This note is not part of the Regulations)