The amount of credit to be granted and financial contribution to be made (meaning granting of credit or making of financial contributions (including anything equivalent to grant of credit or the making of financial contribution) as specified by Cabinet Order; hereinafter the same applies in this Article) by a bank to one person (including any other person that has a unique relationship specified by Cabinet Order with that person; hereinafter the same applies in this Article) must not exceed the amount arrived at by multiplying the amount of the bank's equity capital by the percentage specified by Cabinet Order for each of the category specified by Cabinet Order (hereinafter the amount is referred to as the "maximum amount of credit and contribution" in this Article); provided, however, that this does not apply when the total amount of credit granted and financial contribution made by a bank to one person exceeds the maximum amount of credit and contribution as a result of a merger, joint incorporation-type split (meaning an incorporation-type split in which two or more stock companies or limited liability companies jointly implement; the same applies in Article 16-4, paragraph (4), item (iv) and Article 52-22, paragraph (1)), absorption-type split, or acquisition of business by the person to which the credit is granted and financial contribution is made, or due to compelling reasons as specified by Cabinet Order, with the approval by the Prime Minister.
銀行の同一人（当該同一人と政令で定める特殊の関係のある者を含む。以下この条において同じ。）に対する信用の供与等（信用の供与又は出資（信用の供与又は出資に相当するものを含む。）として政令で定めるものをいう。以下この条において同じ。）の額は、政令で定める区分ごとに、当該銀行の自己資本の額に政令で定める率を乗じて得た額（以下この条において「信用供与等限度額」という。）を超えてはならない。ただし、信用の供与等を受けている者が合併をし、共同新設分割（二以上の株式会社又は合同会社が共同してする新設分割をいう。第十六条の四第四項第四号及び第五十二条の二十二第一項において同じ。）若しくは吸収分割をし、又は事業を譲り受けたことにより銀行の同一人に対する信用の供与等の額が信用供与等限度額を超えることとなる場合その他政令で定めるやむを得ない理由がある場合において、内閣総理大臣の承認を受けたときは、この限りでない。
If a bank has a subsidiary company (other than one specified by Cabinet Office Order) or other persons that has a unique relationship specified by Cabinet Office Order with the bank (hereinafter referred to as a "subsidiary company, etc." in this Article), the total amount of credit granted and financial contribution made to one person by the bank and its subsidiary company, etc. together or by its subsidiary company, etc. must not exceed the amount arrived at by multiplying the total net amount of the equity capital of the bank and its subsidiary company, etc. by the percentage specified by Cabinet Order for each of the category specified by Cabinet Order (hereinafter referred to as the "consolidated maximum amount of credit and contribution" in this Article). In such a case, the provisions of the proviso to the preceding paragraph apply mutatis mutandis.
The provisions of the preceding two paragraphs do not apply to the granting of credit and making of financial contribution in the following cases:
the granting of credit to the State or a local public entity, the granting of credit for which redemption of the principal and payment of interest are guaranteed by the government, and granting of credit and making of financial contribution specified by Cabinet Order as being equivalent to these; and
国及び地方公共団体に対する信用の供与、政府が元本の返済及び利息の支払について保証している信用の供与その他これらに準ずるものとして政令で定める信用の供与等
the granting of credit and making of financial contribution to a person that is found to be substantially the same as a bank that grants credit and makes financial contribution or its subsidiary company, etc., and any other granting of credit and making of financial contribution specified by Cabinet Order.
In the case referred to in paragraph (2), if the total amount of credit that has been granted and financial contribution that has been made to one person by the bank and its subsidiary company, etc. together or by its subsidiary company, etc. exceeds the consolidated maximum amount of credit and contribution, the excess amount for which credit has been granted and financial contribution has been made is deemed to be an amount of credit that has been granted and financial contribution that has been made by that bank.
第二項の場合において、銀行及びその子会社等又はその子会社等の同一人に対する信用の供与等の合計額が合算信用供与等限度額を超えることとなつたときは、その超える部分の信用の供与等の額は、当該銀行の信用の供与等の額とみなす。
Irrespective of the name used or the means used, if a bank or its subsidiary company, etc. has granted credit and has made financial contribution for the purpose of evading the application of the provisions of the main clause of paragraph (1) or the first sentence of paragraph (2), and a person other than the named person is the one to which the credit is substantially granted or the financial contribution is substantially made, the granting of credit or the making of financial contribution is deemed to be the credit substantially granted or financial contribution substantially made to the person to which the credit is granted or financial contribution is made by the bank or its subsidiary company, etc., and the aforementioned provisions apply.
Beyond what is provided for in the preceding paragraphs, Cabinet Order prescribes the amount of credit to be granted and financial contribution to be made, the amount of equity capital prescribed in paragraph (1), the maximum amount of credit and contribution, the total net amount of the equity capital prescribed in paragraph (2), the consolidated maximum amount of credit and contribution, and the particulars necessary for applying the provisions of paragraphs (1) and (2).