When an application is filed for the authorization referred to in paragraph (1) or the proviso to paragraph (3) of the preceding Article, the Prime Minister must examine whether the following criteria are met:
the company filing the application for the authorization or the company that is to be incorporated by obtaining the authorization (hereinafter referred to as the "applicant, etc." in this Article) and its subsidiary companies (including a company that is to become its subsidiary company; the same applies in the following item) have good prospects in terms of income and expenditures;
the adequacy of equity capital of the applicant, etc. and its subsidiary companies are appropriate in light of the assets that they own; and
in light of its personnel structure, the applicant, etc. has the knowledge and experience to carry out the business management of the subsidiary company or the bank that is to become its subsidiary company in an appropriate and fair manner, and has sufficient social credibility.
A bank holding company (excluding one established under foreign laws and regulations) must be a stock company that has the following organs:
銀行持株会社（外国の法令に準拠して設立されたものを除く。）は、株式会社であつて次に掲げる機関を置くものでなければならない。
a board of directors;
取締役会
a board of company auditors, an audit and supervisory committee, or a nominating committee, etc.; and
監査役会、監査等委員会又は指名委員会等
a financial auditor.
会計監査人
Read this with the articles around it
(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 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 provisionWhen an application is filed for the authorization referred to in paragraph (1) or the proviso to paragraph (3) of the preceding Article, the Prime Minister must examine whether the following…
内閣総理大臣は、前条第一項又は第三項ただし書の認可の申請があつたときは、次に掲げる基準に適合するかどうかを審査しなければならない。
Open this provisionthe adequacy of equity capital of the applicant, etc. and its subsidiary companies are appropriate in light of the assets that they own; and
申請者等及びその子会社が保有する資産等に照らしこれらの者の自己資本の充実の状況が適当であること。
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
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
nominating committees, etc.machine translation
「指名委員会等」
The three committees of a company with nominating committee, etc.: its nominating committee, audit committee and remuneration committee.
Defined inArticle 4-2, paragraph (1), item (ii)· applies only in this provision and in Article 52-18, paragraph (2), item (ii)
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)
applicant, etc.
「申請者等」
In Article 52-18, a company that has applied for authorization under Article 52-17, paragraph (1) or the proviso to paragraph (3) of that Article, or the company to be incorporated with that authorization.
Short name set inArticle 52-18, paragraph (1), item (i)· applies only in this article
board of directors
取締役会
The body made up of all of a stock company's directors (Companies Act, Article 362, paragraph (1)). It decides how the company's business is carried out, supervises the directors, and appoints and removes the representative directors (代表取締役) (Article 362, paragraphs (2) and (3)) — except in a company with a nominating committee and the other committees (指名委員会等設置会社), where it appoints representative executive officers (代表執行役) instead (Articles 416 and 420). Some decisions, such as disposing of important assets or borrowing a large amount, it normally may not hand to the directors (Article 362, paragraph (4)). A company with an audit and supervisory committee (監査等委員会設置会社) can hand more of them to directors (Article 399-13, paragraphs (5) and (6)), and a company with the committees hands them to executive officers (執行役) rather than directors (Article 416, paragraphs (3) and (4)). A company chooses in its articles of incorporation whether to have one (Article 326, paragraph (2)), but a public company (公開会社), among others, must (Article 327, paragraph (1)): a public company is one whose articles of incorporation let at least some of its shares change hands without the company's approval (Article 2, item (v)). A company with a board must have at least three directors (Article 331, paragraph (5)).
Written by AI using Companies Act, Arts. 2, 326, 327, 331, 362, 399-13, 416, 420 as a reference.
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.