Use of Welsh

Use of Welsh

This information outlines the service that we can provide to:

• companies whose memorandum and articles of association say that the registered office of the company is to be in Wales (as opposed to in England and Wales); and
• limited liability partnerships (LLPs) whose incorporation document says that the registered office of the limited liability partnership is to be in Wales (as opposed to England and Wales).

Companies and LLPs that word their incorporation documents in this way may choose to conduct their business with Companies House in Welsh. For convenience, in this booklet we refer to these companies and LLPs as 'Welsh'.

This booklet also lists the statutory forms that are available bilingually.

If you have any questions, please contact the Welsh Policy & Service Adviser on 029 2038 0065.

What are the filing requirements for 'Welsh' Companies and LLPs?
Companies House filing requirements are exactly the same as for all other companies and LLPs incorporated in Great Britain.

The most commonly used statutory forms for companies and LLPs have been prescribed bilingually. Welsh language guidance booklets and other relevant information on Companies House requirements are also available on our web site or direct from Companies House.

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 of between £100 and £1,000 for private companies and LLPs, and between £500 and £5,000 for public companies.

Can companies and LLPs be incorporated using Welsh?
Yes, provided the relevant incorporation documents state that the registered office is to be in Wales (as opposed to 'England and Wales'). The incorporation documents have to be specific in this; you cannot say that the registered office will be in 'England and Wales' if you want to file documents in Welsh. If you wish to use them, the statutory forms for incorporation are available bilingually either from our web-site or by post from Companies House.

If you are incorporating a Welsh company, Welsh language memorandum and articles of association can be delivered to Companies House. There is no need for these documents to be translated into English because Companies House will obtain a translation for the company's public record. Companies House will also issue a Welsh certificate of incorporation, if you require this.


>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 in 'England and Wales', it can pass a special resolution to alter its memorandum to say that the registered office is to be situated in Wales. An LLP must complete Form LLP287a.

Documents may then be filed in Welsh.

What documents can be delivered to Companies House without a certified English translation?
The following documents may be delivered to Companies House by 'Welsh' companies or LLPs in Welsh without a certified translation into English:

• Company memoranda and articles of association
• Annual accounts *
• Annual reports *             (*not public companies)
• Auditors reports *
• Prescribed bilingual statutory forms

Note: Statutory forms that are not prescribed bilingually must be used when circumstances dictate. Other 'free form' documents that must be delivered to Companies House, such as resolutions, must be accompanied by a certified translation into English, as must the accounts of public companies.

Who can 'certify' a translation into English?
If a translation is made in the United Kingdom, a document is certified if it is signed by a person who is competent to translate a document from Welsh into English and is either:

• a notary public; or
• a solicitor; or
• a solicitor of the Supreme Court Judicature of England and Wales; or
• a solicitor of the Supreme Court of Judicature of Northern Ireland; or
• a person certified by one of the above and is known to him to be competent to translate a document into English.

If a document is translated outside the United Kingdom then it must be certified by:

• a notary public; or
• a person authorised in the place where the translation was made to administer an oath; or
• any of the British officials mentioned in section 6 of the Commissioners for Oaths Act 1889; or
• a person certified by one of the above and is known to him to be competent to translate a document into English.

Companies House sends an annual return (Form 363s) to the registered office address of every company each year about two weeks before it is due to be completed. This is pre-printed with company information already held on the public record and most companies use this form to make their annual return. This form is known as the 'shuttle' annual return. Welsh companies may choose to receive a bilingual annual return by calling 029 2038 0065.

Note: Limited liability partnerships are not sent a 'shuttle' return. However, a blank annual return (From LLP363) will be sent.

How do I send information to Companies House?

You may deliver documents by post, by hand (personally or by courier) or by the Document Exchange service.

If you send documents by post, you should address them to:

The Welsh Document Examiners
Companies House
Crown Way
Cardiff
CF14 3UZ

DX33050 Cardiff

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.

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. You can also talk to Companies House in Welsh on the following helplines: