Supplementary Provisions, Article 5
第五条
With regard to a stock company prescribed in Article 9-2, paragraph (1) of the New Act, if the amount set out in item (i) exceeds the standard amount on the Effective Date (meaning the standard amount prescribed in that paragraph; the same applies hereinafter), for 10 years from the Effective Date the provisions of that paragraph apply with the lesser of the amounts set out in the following items (hereinafter referred to as the "special standard amount") deemed to be the standard amount, provided, however, that this does not apply if the special standard amount is equal to or less than the standard amount, or if the standard amount increases and becomes equal to or more than the special standard amount.
the total amount of the acquisition cost (meaning the acquisition cost prescribed in Article 9-2, paragraph (1) of the New Act; the same applies hereinafter) of shares (excluding the shares so owned in a case falling under the provisions of Article 9-2, paragraph (1), item (v), (vi), (viii) or (ix) of the New Act; the same applies in Article 7, paragraph (1) of the Supplementary Provisions) of companies in Japan (excluding companies in Japan prescribed in Article 9-2, paragraph (1), items (i) through (iv) of the New Act; the same applies hereinafter in this paragraph and Article 7, paragraph (1) of the Supplementary Provisions) owned on the Effective Date;
the total amount of the acquisition cost of shares of companies in Japan owned on December 31, 1976 (including, in the case where, during the period from the day following that day to the day preceding the Effective Date, new shares allotted for those shares were acquired or new shares as a dividend of profits on those shares were acquired, the acquisition cost of those new shares, and, in the case where the stock company concerned relates to a merger conducted during that period, including the acquisition cost of the shares of companies in Japan that the company that ceased to exist by that merger owned on December 31, 1976; the same applies in Article 7, paragraph (1), item (i), (b) and item (ii), (b) of the Supplementary Provisions).
昭和五十一年十二月三十一日に所有していた国内の会社の株式の取得価額（同日の翌日から施行日の前日までに、当該株式について割り当てられる新株を取得し、又は当該株式についての利益の配当としての新株を取得した場合においては、当該新株の取得価額を含み、当該株式会社がその間に行われた合併に係るものである場合においては、当該合併により消滅した会社が昭和五十一年十二月三十一日に所有していた国内の会社の株式の取得価額を含む。附則第七条第一項第一号ロ及び第二号ロにおいて同じ。）の合計額
With regard to a stock company prescribed in Article 9-2, paragraph (1) of the New Act, if the amount set out in item (i) of the preceding paragraph exceeds the special standard amount (or, in the case falling under the proviso to that paragraph, the standard amount), for one year from the Effective Date, notwithstanding the provisions of that paragraph, the provisions of paragraph (1) of that Article apply with the amount set out in that item deemed to be the standard amount.
the New Actmachine translation
「新法」
This Act as amended by Act No. 63 of 1977.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Act No. 63 of 1977, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
standard amountmachine translation
「基準額」
In the supplementary provisions (附則) of Act No. 63 of 1977, the standard amount as defined in Article 9-2, paragraph (1) of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade as amended by that Act; for a stock company whose holdings exceeded it on the day that Act came into effect, a special standard amount (特例基準額) takes its place for ten years.
Defined inSupplementary Provisions, Article 5, paragraph (1)
special standard amountmachine translation
「特例基準額」
In Article 5 of the supplementary provisions (附則) of Act No. 63 of 1977, the lower of the total acquisition value (取得価額) of the domestic companies' shares a stock company held on the day that Act came into effect and the total acquisition value of those it held on 31 December 1976, which is treated as the standard amount (基準額) for ten years from that day.
Short name set inSupplementary Provisions, Article 5, paragraph (1)
acquisition costmachine translation
「取得価額」
In the supplementary provisions (附則) of Act No. 63 of 1977, the acquisition cost of shares as defined in Article 9-2, paragraph (1) of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade as amended by that Act.
Defined inSupplementary Provisions, Article 5, paragraph (1), item (i)