A bank (limited to one that has a company eligible to be a subsidiary company or a foreign specified finance-related services company as its subsidiary company and that is not a subsidiary company of any other bank or bank holding company) must perform business management of the bank group (meaning a group consisting of that bank and its subsidiary companies; the same applies in the following paragraph) to which it belongs.
The term "business management" as used in the preceding paragraph means the following actions:
前項の「経営管理」とは、次に掲げるものをいう。
formulating the bank group's basic management policy or any other policy specified by Cabinet Office Order as being equivalent to the policy, and ensuring its proper implementation;
銀行グループの経営の基本方針その他これに準ずる方針として内閣府令で定めるものの策定及びその適正な実施の確保
undertaking the necessary coordination when there is a conflict of interest among the companies that belong to the bank group;
銀行グループに属する会社相互の利益が相反する場合における必要な調整
developing systems specified by Cabinet Office Order as being necessary for ensuring that the execution of the bank group's services complies with laws and regulations; and
銀行グループの業務の執行が法令に適合することを確保するために必要なものとして内閣府令で定める体制の整備
beyond what is set forth in the preceding three items, actions specified by Cabinet Office Order as those contributing to ensuring the sound and appropriate management of the bank group's services.
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(Business Management of a Bank Group by a Bank)
A bank (limited to one that has a company eligible to be a subsidiary company or a foreign specified finance-related services company as its subsidiary company and that is not a subsidiary company of…
銀行(子会社対象会社又は外国特定金融関連業務会社を子会社としているものであつて、他の銀行又は銀行持株会社の子会社でないものに限る。)は、当該銀行の属する銀行グループ(銀行及びその子会社の集団をいう。次項において同じ。)の経営管理を行わなければならない。
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The term "business management" as used in the preceding paragraph means the following actions:
前項の「経営管理」とは、次に掲げるものをいう。
Open this provision(Business Management of a Bank Group by a Bank)
formulating the bank group's basic management policy or any other policy specified by Cabinet Office Order as being equivalent to the policy, and ensuring its proper implementation;
銀行グループの経営の基本方針その他これに準ずる方針として内閣府令で定めるものの策定及びその適正な実施の確保
Open this provision(Business Management of a Bank Group by a Bank)
undertaking the necessary coordination when there is a conflict of interest among the companies that belong to the bank group;
銀行グループに属する会社相互の利益が相反する場合における必要な調整
Open this provision(Business Management of a Bank Group by a Bank)
developing systems specified by Cabinet Office Order as being necessary for ensuring that the execution of the bank group's services complies with laws and regulations; and
銀行グループの業務の執行が法令に適合することを確保するために必要なものとして内閣府令で定める体制の整備
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「銀行」
A person that carries on banking (銀行業) under a licence from the Prime Minister (内閣総理大臣) under Article 4, paragraph (1).
Defined inArticle 2, paragraph (1)· applies throughout the law
subsidiary company
「子会社」
Another company in which a company holds more than 50% of the voting rights of all shareholders, etc. (総株主等の議決権); a company in which the company and its subsidiaries, or its subsidiaries alone, hold more than 50% is also treated as its subsidiary company.
Defined inArticle 2, paragraph (8)· applies throughout the law
bank holding company
「銀行持株会社」
A holding company (持株会社) that has a bank as its subsidiary and was established with, or has obtained, the Prime Minister's (内閣総理大臣) authorization under Article 52-17, paragraph (1) or the proviso to paragraph (3).
Defined inArticle 2, paragraph (13)· applies throughout the law
company eligible to be a subsidiary company
「子会社対象会社」
In Article 16-2 and Article 16-3, paragraph (1), the companies a bank may have as subsidiary companies (子会社), listed in the items of Article 16-2, paragraph (1), such as other banks and long-term credit banks, securities, insurance and trust companies of the kinds listed, foreign companies in those businesses, and companies carrying on dependent or finance-related services (従属業務, 金融関連業務).
Short name set inArticle 16-2, paragraph (1)· applies only in this article and in Article 16-3, paragraph (1)
foreign specified finance-related services companymachine translation
「外国特定金融関連業務会社」
In Article 16-2 and Article 16-3, paragraph (1), a foreign company mainly engaged in those finance-related services (金融関連業務: services incidental or related to banking, securities-related business, insurance or trust business that a Cabinet Office Order (内閣府令) specifies) which a Cabinet Office Order specifies, other than a company of Article 16-2, paragraph (1), item (xi) (one exclusively engaged in ancillary services (従属業務) or finance-related services).
Defined inArticle 16-2, paragraph (6), item (i)· applies only in this article and in Article 16-3, paragraph (1)
bank group
「銀行グループ」
A bank and its subsidiary companies taken together, whose business management (経営管理) the bank must carry out under Article 16-3 where it has a company eligible to be a subsidiary or a foreign specified finance-related services company as a subsidiary and is not itself a subsidiary of another bank or bank holding company.
Defined inArticle 16-3, paragraph (1)· applies only in this provision and in Article 16-3, paragraph (2)
business management
「経営管理」
In Article 16-3, the business management of a bank group (銀行グループ), a bank and its subsidiary companies, that Article 16-3, paragraph (1) requires certain banks to perform: setting the group's basic management policy and other policies a Cabinet Office Order (内閣府令) specifies and ensuring they are properly carried out, adjusting conflicts of interest between group companies, building the systems a Cabinet Office Order specifies to keep the group's business lawful, and other matters a Cabinet Office Order specifies for the group's sound and proper management.
Defined inArticle 16-3, paragraph (2)