A company that seeks to become a holding company that has a bank as a subsidiary company or to incorporate such a holding company through any of the following transactions or actions, must obtain the authorization by the Prime Minister in advance:
acquisition of voting rights in the bank by the company or its subsidiary companies (excluding an acquisition of shares due to enforcement of a security right or other grounds specified by Cabinet Office Order);
acquisition of the license referred to in Article 4, paragraph (1) by the subsidiary company of that company; or
a transaction or action specified by Cabinet Order.
その他政令で定める取引又は行為
A company that has become a holding company that has a bank as a subsidiary company due to grounds other than a transaction or action set forth in any of the items of the preceding paragraph (hereinafter referred to as "specified holding company") must file a notification with the Prime Minister indicating that it has become a holding company that has a bank as a subsidiary company and other particulars specified by Cabinet Office Order, within three months after the end of the business year that includes the day on which the grounds arose.
A specified holding company must take the measures that are required to be taken so that it will no longer be a holding company that has a bank as its subsidiary company by the last day of the one-year period that begins on the final day of the business year that includes the day on which the grounds referred to in the preceding paragraph arose (hereinafter referred to as the "last day of the grace period" in this paragraph and paragraph (5)); provided, however, that this does not apply if the specified holding company obtains the authorization by the Prime Minister to continue to be a holding company that has a bank as its subsidiary company even after the last day of the grace period.
When a specified holding company ceases to be a holding company that has a bank as its subsidiary company through a measure taken under the provisions of the preceding paragraph, it must file a notification to that effect with the Prime Minster, without delay. The same applies if a specified holding company ceases to be a holding company that has a bank as its subsidiary company without taking the measure.
The Prime Minister may order a company that has become a holding company which has a bank as its subsidiary company or a company that is incorporated as a holding company which has a bank as its subsidiary company through a transaction or action set forth in the items of paragraph (1) without obtaining the authorization referred to in that paragraph, or a company that remains to be a holding company which has a bank as its subsidiary company even after the last day of the grace period without obtaining the authorization referred to in the proviso to paragraph (3), to take the measures that is required to be taken so that it will no longer be a holding company that has a bank as its subsidiary company.
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(Business License)
A person may not engage in banking unless licensed by the Prime Minister to do so.
銀行業は、内閣総理大臣の免許を受けた者でなければ、営むことができない。
Open this provision(Authorization for Bank Holding Companies)
A company that seeks to become a holding company that has a bank as a subsidiary company or to incorporate such a holding company through any of the following transactions or actions…
次に掲げる取引若しくは行為により銀行を子会社とする持株会社になろうとする会社又は銀行を子会社とする持株会社の設立をしようとする者は、あらかじめ、内閣総理大臣の認可を受けなければならない。
Open this provision(Authorization for Bank Holding Companies)
A company that has become a holding company that has a bank as a subsidiary company due to grounds other than a transaction or action set forth in any of the items of the preceding paragraph…
前項各号に掲げる取引又は行為以外の事由により銀行を子会社とする持株会社になつた会社(以下「特定持株会社」という。)は、当該事由の生じた日の属する事業年度経過後三月以内に、当該会社が銀行を子会社とする持株会社になつた旨その他の内閣府令で定める事項を内閣総理大臣に届け出なければならない。
Open this provision(Authorization for Bank Holding Companies)
A specified holding company must take the measures that are required to be taken so that it will no longer be a holding company that has a bank as its subsidiary company by the last day of the…
特定持株会社は、前項の事由の生じた日の属する事業年度の終了の日から一年を経過する日(以下この項及び第五項において「猶予期限日」という。)までに銀行を子会社とする持株会社でなくなるよう、所要の措置を講じなければならない。
Open this provision(Authorization for Bank Holding Companies)
The Prime Minister may order a company that has become a holding company which has a bank as its subsidiary company or a company that is incorporated as a holding company which has a bank as its…
内閣総理大臣は、第一項の認可を受けずに同項各号に掲げる取引若しくは行為により銀行を子会社とする持株会社になつた会社若しくは銀行を子会社とする持株会社として設立された会社又は第三項ただし書の認可を受けることなく猶予期限日後も銀行を子会社とする持株会社である会社に対し、銀行を子会社とする持株会社でなくなるよう…
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
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
holding company
「持株会社」
A company for which the acquisition value (or the value on its latest balance sheet) of the shares, etc. (株式等) of its domestic subsidiary companies exceeds 50% of its total assets less the assets a Cabinet Office Order (内閣府令) specifies, each calculated as a Cabinet Office Order sets.
Defined inArticle 2, paragraph (12)· applies throughout the law
specified holding company
「特定持株会社」
A company that became a holding company with a bank as its subsidiary company through an event other than the transactions or acts in Article 52-17, paragraph (1); it must notify the Prime Minister within three months after the end of the business year in which the event occurred.
Short name set inArticle 52-17, paragraph (2)
last day of the grace period
「猶予期限日」
In Article 52-17, paragraphs (3) and (5), the day one year after the end of the business year in which a specified holding company (特定持株会社) became a holding company with a bank as its subsidiary; by then it must cease to be such a holding company, unless the Prime Minister authorizes it to remain one.
Short name set inArticle 52-17, paragraph (3)· applies only in this paragraph and in Article 52-17, paragraph (5)
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan as a reference.