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Conducting Business in Welsh - GPO5August 2013 - Version 3.5 as modified by the Companies Act 2006 PDF version of this page (78KB) ContentsIntroduction This guide answers many frequently asked questions and provides information on completing the most commonly used filings relating to this area. The guide is not drafted with unusual or complex transactions in mind. Specialist professional advice may be needed in those circumstances. IntroductionThis guide provides information about using the Welsh Language when conducting business with Companies House if you are a company or a limited liability partnership (LLP) which has stated that its registered office (or proposed registered office) is to be situated in Wales (as opposed to England and Wales). Companies and LLPs that have chosen to set up in this way may deliver documents to Companies House in Welsh. For convenience in this guide we refer to these companies and LLPs as 'Welsh' which is the definition given in section 88(1) of the Companies Act 2006. This guide also lists the bilingual forms that are available through our WebFiling Service or on paper. If you have any questions relating to the use of Welsh when conducting business with Companies House, please email enquiries@companieshouse.gov.uk or phone 0303 1234 500 and ask to speak to someone in Welsh. You will then be transferred to a Welsh speaker in line with our Welsh Language Scheme. A copy of our Welsh Language Scheme is available on our website. Chapter 1 - Welsh Companies and LLPs1.What are the filing requirements for 'Welsh' Companies and LLPs? "Welsh" companies have the same filing requirements as other companies and LLPs incorporated in the United Kingdom. Companies can submit some documents in Welsh through our WebFiling Service which is quicker, easier, more secure and cheaper than paper forms (please see Annex A). We have also prescribed the most commonly used paper forms for companies and LLPs bilingually and they are available either from the Companies House website or by telephoning 0303 1234 500 (please see Annex B). Welsh language guidance and other relevant information on Companies House requirements are also available on our website. Remember: Failure to deliver statutory documents on time is a criminal offence for which company officers and designated members of LLPs can be prosecuted. Additionally, failing to deliver accounts on time will attract an automatic civil penalty. See our guidance on 'Late Filing Penalties' or 'Limited Liability Partnerships Administration and Management' for more information on late filing penalties. 2. Can companies and LLPs be incorporated using Welsh? Yes, companies and LLPs can be incorporated using Welsh provided they state that their registered office is to be situated in Wales (as opposed to 'England and Wales'). You do not have to send an English translation for these documents because Companies House will obtain a translation for the company's public record. Companies House will also issue a translation of a certificate of incorporation into Welsh, if you require this. It is also possible using the Web Incorporation Service to register your incorporation documents for a company in Welsh and English as long as the company to be incorporated is to be situated in Wales. This means that the registered office address also has to be in Wales. The WebFiling screens will take you through the process. There is no same day service and currently only applications for a private company limited by shares adopting model articles in their entirety with a proposed non sensitive name can use this service. The fee is £15. The bilingual paper form for incorporation is available from our website. The fee for incorporating a company or LLP with constitutional documents in Welsh is £20. For more information on how to incorporate a company, please see our guidance on 'Incorporation and Names'. For information on how to incorporate an LLP, see our guidance on, 'Limited Liability Partnerships Incorporation and Names'. 3. Can an existing company or LLP change the location of its registered office to 'Wales'? Yes. If an existing company has stated that its registered office is situated in 'England and Wales', it can pass a resolution to require the register to be amended so that it states that its registered office is to be situated in Wales. You must then give notice of the change to the registrar on form AD05c or AD05. An LLP needs simply to give notice of the change to the registrar on form LL AD05c or LL AD05. The company or LLP has the option to change its name to a Welsh ending i.e. "cyfyngedig", "cwmni cyfyngedig cyhoeddus" or "Partneriaeth Atebolrwydd Cyfyngedig" instead of "limited", "public limited company" or "limited liability partnership". Once the register is amended, the company or LLP may file documents in Welsh. A new certificate of incorporation will be issued to the company or LLP to reflect the change. For more information about resolutions, please see our 'Life of a Company- Event Driven' guide. 4. What about correspondence and telephone calls? You are welcome to write to Companies House in Welsh and, if we need to write back, our response will be in Welsh. Companies and LLPs who wish to receive bilingual computer generated letters will have to register for our Welsh Service. To register for this service, please either write or send an email to the address below stating the company name and number along with your full name and in what capacity you act for the company. Welsh Service & Policy Adviser You can also speak to Companies House staff in Welsh by phoning 0303 1234 500 and asking to speak to someone in Welsh. You will then be transferred to a Welsh speaker in line with our Welsh Language Scheme Chapter 2 - Translations and Bilingual Information1. What documents can be delivered to Companies House in the Welsh Language? 2. What documents can I deliver to Companies House without a certified English translation? Welsh companies or LLPs may deliver the following documents to Companies House in 'Welsh' without being accompanied by a certified translation into English.
Note: Statutory forms that are not prescribed bilingually must be used where circumstances dictate. Other 'free form' documents that are required to be delivered to Companies House, for example Orders of Court, must be accompanied by a certified translation into English, as must the accounts of traded companies. Welsh companies or LLPs may deliver a certified translation into Welsh of any document in English that has been or is being delivered to the registrar. 3. Who can 'certify' a translation into English? The registrar has made rules as to who can certify translations into English of documents originally drawn up and filed in the Welsh Language. Certification must be on the English translation of the document and authenticated by the person giving the certification. Both certification and authentication text must be in black ink or typescript with the authentication located at the end of the certification. The persons capable of certifying the translated document are as follows - A director, secretary, LLP member, designated member, administrator, administrative receiver, receiver manager, receiver, liquidator, judicial factor or authorised signatory; if applicable, a CIC Manager (appointed under s.47 of the CAICE Act 2004), receiver and manager (appointed under s.18 of the Charities Act 1993). For more information on registrar's rules please visit our guide 'The Registrar's Rules and Powers' available on our website 4. What statutory documents are available bilingually? The bilingual documents which can be submitted through the Companies House WebFiling Service are listed in Annex A. Filing on-line is quicker, easier, more secure and cheaper. A Welsh company (a company who have stated that the situation of its registered office is in Wales as opposed to England & Wales) is eligible to submit bilingual form types. You can also download the paper bilingual forms listed in Annex B from our website. Chapter 3 - Quality of documents1. What happens to the documents I send to Companies House? An electronic image is produced of data or documents delivered to Companies House. When a customer searches the company or LLP record, they see the electronic image reproduced online. This chapter sets out some guidelines to follow when preparing a document for filing at Companies House. 2. How should I set out documents? Documents filed electronically Documents filed electronically must comply with the specifications set out by the registrar in his rules on electronic filing. You can find further information about the rules by visiting our website. The Companies House WebFiling Service has built in checks to ensure that the documents are set out in the correct manner. Paper documents Generally, every paper document sent to Companies House must state in a prominent position the registered name and number of the company. There are a few exceptions to this rule, which are set out in the published registrar's rules, which can be found on our website. Paper documents should be on A4 size, plain white paper with a matt finish. The text should be black, clear, legible, and of uniform density. Letters and numbers must be clear and legible so that we can make an acceptable copy of the document. The following guidelines may help: When you fill in a form please:
When you complete other documents, please remember:
3. Where can I find out more about this? For further guidance on print requirements please email your enquiry or telephone 0303 1234 500 Chapter 4 - Further Information1. How do I send information to Companies House? For full details of all the ways of delivering documents to Companies House, electronically or on paper, please refer to the registrar's rules which appear on our website. The safest and most secure way to deliver statutory information to Companies House is to use our online filing services. Documents filed electronically receive an automatic email acknowledgement. For more information and for registration details please visit our website. You can deliver paper documents by hand (personally or by courier) or by the Document Exchange Service to Companies House, Cardiff at any time, including outside office hours, bank holidays and weekends. If you would like to be sent an acknowledgement of receipt, please request it in a covering letter and supply a stamped addressed envelope. We will attach a 'date of receipt' barcode label to the letter and return it. If you send documents by post, you should address them to: The Welsh Document Examiners or DX33050 Cardiff 1 You can deliver documents by hand (personally or by courier) to Companies House, Cardiff at any time, including outside office hours, bank holidays and weekends. If you would like to be sent an acknowledgement of receipt, please request it in a covering letter and supply a stamped addressed envelope. We will attach a 'date of receipt' barcode label to the letter and return it. Please note: an acknowledgement of receipt does not mean that a document has been accepted for registration at Companies House Please note: Companies House does not accept any statutory documents by fax, PDF (except for electronically filed certified copies of charge instruments) or by email. 2. Do I have to pay to file documents at Companies House? You do not have to pay a fee for many of the documents that you have to send to Companies House, but some do require a fee and we will not accept them for registration without it. For full details you should refer to our price list. Annex ADocuments which can be submitted in Welsh through our WebFiling service
Please note: These forms are available from Companies House website. Annex BDocuments which can be submitted bilingually on paper
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