Statutory Instruments

1999 No. 2357

COMPANIES

The Companies (Welsh Language Forms) (Amendment) Regulations 1999

Made

17th August 1999

Coming into force

13th September 1999

The Secretary of State, in exercise of the powers conferred on him by sections 88(2), 288(2), 363(2) and 744(1) of the Companies Act 1985(2), as extended by section 26(3) of the Welsh Language Act 1993(3), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1. These Regulations may be cited as the Companies (Welsh Language Forms) (Amendment) Regulations 1999 and shall come into force on 13th September 1999.

2. Forms 88(2) CYM, 288b CYM, and 363 CYM in the Schedule to these Regulations, with such variations as circumstances require, are forms prescribed for the purposes of sections 88(2), 288(2) and 363(2) respectively of the Companies Act 1985.

3.—(1) Except to the extent specified in paragraph (2), forms 288b CYM and 363 CYM in the Schedule to the Companies (Welsh Language Forms and Documents) (Amendment) Regulations 1995(4) are revoked.

(2) Notwithstanding paragraph (1), the forms mentioned in that paragraph may continue to be used for a notification or return delivered to the registrar before 13th September 2000.

J. S. Holden

for Secretary of State

Department of Trade and Industry

17th August 1999

SCHEDULE

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe a new form 88(2) CYM, for the purposes of section 88(2) of the Companies Act 1985, and amended forms 288b CYM and 363 CYM, for the purposes of sections 288(2) and 363(2) respectively of that Act, with effect from 13th September 1999; the forms are in Welsh as well as in English. The Regulations also revoke the existing forms 288b CYM and 363 CYM prescribed by the Companies (Welsh Language Forms and Documents) (Amendment) Regulations 1995. However, the continued use of those revoked forms is permitted for a transitional period of 12 months.

Form 88(2) CYM corresponds to the amended form 88(2) prescribed by the Companies (Forms) (Amendment) Regulations 1999 (S.I. 1999/2356).

Form 288b CYM is amended to remove the entry concerning the reason for a termination of the appointment of a director or secretary, but is reworded to make it clear that an appointment can terminate otherwise than by resignation (examples would be disqualification or removal). The form corresponds to form 288b prescribed by S.I. 1999/2356.

Form 363 CYM is amended to reflect the repeal of certain provisions in section 364 of the Companies Act 1985 (which specifies information to be included in the annual return delivered under section 363), and corresponds to form 363a prescribed by S.I. 1999/2356. Those repeals are made, with effect from 13th September 1999, by the Companies (Contents of Annual Return) Regulations 1999 (S.I. 1999/2322), which remove the requirements for companies to list the other directorships and former names of individual directors, and the other directorships of corporate directors, and the requirement for private companies to state whether resolutions are in force enabling the company to dispense with the laying of accounts and reports before the company in general meeting, or to dispense with the holding of annual general meetings. The layout for the details of share capital and shareholders is also amended.

(1)

See the definition of “prescribed” in section 744.

(2)

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

(3)

1993 c. 38.

(4)

S.I. 1995/734.