The provisions of this Act do not apply to acts by a partnership (including a federation of partnerships) which conforms to the requirements listed in each of the following items and which has been formed pursuant to the provisions of other Acts provided, however, that this does not apply if unfair trade practices are employed, or if competition in any particular field of trade is substantially restrained, resulting in unjust price increases:
the purpose of the partnership is to provide mutual support to small-scale enterprises or consumers;
小規模の事業者又は消費者の相互扶助を目的とすること。
the partnership is voluntarily formed, and the partners may voluntarily participate in and withdraw from it;
任意に設立され、かつ、組合員が任意に加入し、又は脱退することができること。
each partner possesses equal voting rights; and
各組合員が平等の議決権を有すること。
if a distribution of profits among partners is contemplated, the limits of the distributions are prescribed by the applicable laws and regulations or in the articles of partnership.
組合員に対して利益分配を行う場合には、その限度が法令又は定款に定められていること。
enterprise
「事業者」
Anyone who carries on a commercial, industrial, financial or other business; an officer, employee, agent or other person acting for the benefit of an enterprise is also treated as one for the purposes of Article 2, paragraph (2) and Chapter 3 (trade associations).
Defined inArticle 2, paragraph (1)· applies throughout the law
competition
「競争」
The state in which two or more enterprises (事業者), within the normal scope of their business and without significant change to its facilities or form, supply the same or similar goods or services to the same buyers, or are supplied with them by the same suppliers, or could do so.
Defined inArticle 2, paragraph (4)· applies throughout the law
unfair trade practices
「不公正な取引方法」
Any of the acts Article 2, paragraph (9) lists: refusing to deal together with competitors without justifiable grounds, unjust discriminatory pricing or selling far below cost that is likely to make other enterprises' business difficult, restricting a buyer's resale prices, abusing a superior bargaining position, and other acts likely to impede fair competition of the kinds listed in item (vi) that the Japan Fair Trade Commission designates.
Defined inArticle 2, paragraph (9)· applies throughout the law
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.