If a bank has all or part of its business succeeded to in a company split or transfers all or part of its business, the bank must issue public notice of this without delay.
銀行は、会社分割により事業の全部若しくは一部を承継させ、又は事業の全部若しくは一部を譲渡したときは、遅滞なくその旨を公告しなければならない。
If a bank whose means of public notice is the means set forth in Article 57, item (i) issues public notice pursuant to the preceding paragraph, notice is deemed to have been given to the debtors of the bank issuing that public notice, through an instrument bearing a fixed date pursuant to the provisions of Article 467 (Requirement of Perfection upon Assignment of Claim) of the Civil Code. In such a case, the date of the public notice is deemed to be the fixed date.
(Requirement for Perfection of Assignment of Claim)
The assignment of a claim (including the assignment of a claim that is yet to arise) may not be duly asserted against the applicable obligor or any other third party…
債権の譲渡（現に発生していない債権の譲渡を含む。）は、譲渡人が債務者に通知をし、又は債務者が承諾をしなければ、債務者その他の第三者に対抗することができない。
Open this provision(Public Notice of Company Split or Business Transfer)
If a bank has all or part of its business succeeded to in a company split or transfers all or part of its business, the bank must issue public notice of this without delay.
銀行は、会社分割により事業の全部若しくは一部を承継させ、又は事業の全部若しくは一部を譲渡したときは、遅滞なくその旨を公告しなければならない。
Open this provision(Banks' Means of Issuing Public Notice)
publication in a daily newspaper that publishes particulars concerning current events; or
時事に関する事項を掲載する日刊新聞紙に掲載する方法
Open this provisionbank
「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
means of giving public noticemachine translation
「公告方法」
The means by which a bank gives public notice (公告), as defined in Article 2, item (xxxiii) of the Companies Act.
Defined inArticle 20, paragraph (5)
assert against
対抗
To be able to rely on a right, or on a fact about it, against someone who is not a party to it. Acquiring, losing or changing a right in rem (物権) in land or a building cannot be asserted against third parties until it is registered (登記) (Civil Code, Article 177), and a registered lease of land or a building can be asserted against a person who acquires a right in rem in it, such as a buyer, and against other third parties (Article 605). The Act on Land and Building Leases lets a tenant do without registering the lease itself: a right to use land for a building (借地権) can be asserted against third parties once the tenant owns a registered building on the land (Article 10, paragraph (1)), and a building lease takes effect against anyone who later acquires a right in rem in the building, such as a new owner, once the building has been handed over (Article 31). Some rules protect only a third party who did not know: a rescission for fraud cannot be asserted against a third party who did not know of the fraud and was not careless in not knowing (善意でかつ過失がない) (Civil Code, Article 96, paragraph (3)).
Written by AI using Civil Code, Arts. 96, 177, 605 and Act on Land and Building Leases, Arts. 10, 31 as a reference.