Chapter III Accounting
第三章 経理
第十七条(事業年度)
Article 18Amount of Capital Reserves and Retained Earnings Reserves
第十八条(資本準備金及び利益準備金の額)
Notwithstanding the provisions of Article 445, paragraph (4) (Amount of Stated Capital and Amount of Reserves) of the Companies Act, if a bank pays the dividend of surplus, it must allocate an amount arrived at when the amount of surplus to be reduced as a result of the payment of those dividends of surplus is multiplied by one-fifth as the capital reserves or retained earnings reserves, pursuant to the provisions of Cabinet Office Order.
銀行は、剰余金の配当をする場合には、会社法第四百四十五条第四項(資本金の額及び準備金の額)の規定にかかわらず、内閣府令で定めるところにより、当該剰余金の配当により減少する剰余金の額に五分の一を乗じて得た額を資本準備金又は利益準備金として計上しなければならない。
第十九条(業務報告書等)
Each business year, a bank must prepare an interim business report for the interim period of the business year (meaning the period from April 1 to September 30 of the business year; the same applies hereinafter) that is a part of the relevant business year which states the status of business and property, and a business report for the entire business year, and submit those reports to the Prime Minister.
銀行は、事業年度ごとに、業務及び財産の状況を記載した当該事業年度の中間事業年度(当該事業年度の四月一日から九月三十日までの期間をいう。以下同じ。)に係る中間業務報告書及び当該事業年度に係る業務報告書を作成し、内閣総理大臣に提出しなければならない。
If a bank has a subsidiary company, etc., each business year, in addition to the reports referred to in the preceding paragraph, the bank must prepare an interim business report for the interim period of the business year that is a part of the relevant business year which states the status of business and property of that bank and its subsidiary companies, etc. on a consolidated basis, and a business report for the entire business year which states the status of business and property on a consolidated basis, and submit those reports to the Prime Minister.
The particulars to be stated in the reports referred to in the preceding two paragraphs, the due dates for submission, and other necessary particulars concerning those reports is specified by Cabinet Office Order.
前二項の報告書の記載事項、提出期日その他これらの報告書に関し必要な事項は、内閣府令で定める。
Article 20Public Notice of Balance Sheets
第二十条(貸借対照表等の公告等)
Each business year, a bank must prepare a balance sheet and a profit and loss statement for the interim period of the business year that is a part of the relevant business year (hereinafter referred to as an "interim balance sheet, etc." in this Article) and a balance sheet and a profit and loss statement for the entire business year (hereinafter referred to as a "balance sheet, etc." in this Article), pursuant to the provisions of Cabinet Office Order.
If a bank has a subsidiary company, etc., each business year, in addition to an interim balance sheet, etc. and a balance sheet, etc., the bank must prepare a balance sheet and a profit and loss statement for the interim period of the business year that is a part of the relevant business year in which entries for the bank and its subsidiary companies, etc. are made on a consolidated basis (hereinafter referred to as an "interim consolidated balance sheet, etc." in this Article), and prepare a balance sheet and a profit and loss statement for the entire business year in which it entries for the bank and its subsidiary companies, etc. are made on a consolidated basis (hereinafter referred to as a "consolidated balance sheet, etc." in this Article), pursuant to the provisions of Cabinet Office Order.
An interim balance sheet, etc., a balance sheet, etc., an interim consolidated balance sheet, etc., or a consolidated balance sheet, etc. may be prepared as an electronic or magnetic record (meaning a record prepared in an electronic form, magnetic form, or any other form that cannot be perceived by the human senses, which is specified by Cabinet Office Order as being used for information processing by computers; the same applies hereinafter).
中間貸借対照表等、貸借対照表等、中間連結貸借対照表等及び連結貸借対照表等は、電磁的記録(電子的方式、磁気的方式その他人の知覚によつては認識することができない方式で作られる記録であつて、電子計算機による情報処理の用に供されるものとして内閣府令で定めるものをいう。以下同じ。)をもつて作成することができる。
Pursuant to the provisions of Cabinet Office Order, a bank must issue public notice of its interim balance sheet, etc. and its interim consolidated balance sheet, etc. within three months after the end of the relevant interim period of the business year, and of its balance sheet, etc. and its consolidated balance sheet, etc. within three months after the end of the relevant business year; provided, however, that if it is not possible for a bank to issue public notice of these documents within that three-month period due to compelling reasons, it may postpone the issuance of the public notice, with the approval of the Prime Minister.
銀行は、内閣府令で定めるところにより、その中間事業年度経過後三月以内に中間貸借対照表等及び中間連結貸借対照表等を、その事業年度経過後三月以内に貸借対照表等及び連結貸借対照表等を公告しなければならない。ただし、やむを得ない理由により当該三月以内にこれらの書類の公告をすることができない場合には、内閣総理大臣の承認を受けて、当該公告を延期することができる。
Notwithstanding the provisions of the preceding paragraph, it is sufficient for a bank that uses the means of public notice (meaning a means of public notices prescribed in Article 2, item (xxxiii) (Definitions) of the Companies Act; the same applies hereinafter) set forth in Article 57, item (i), to issue public notice of the overview of the interim balance sheet, etc.; the balance sheet, etc.; the interim consolidated balance sheet, etc.; and the consolidated balance sheet, etc. pursuant to the provisions of Cabinet Office Order. In such a case, the provisions of the proviso to the preceding paragraph apply mutatis mutandis.
Pursuant to the provisions of Cabinet Office Order, a bank that is prescribed in the preceding paragraph may take a measure that uses electronic or magnetic means (meaning a means of using an electronic data processing system or using other information and communications technology that is specified by Cabinet Office Order; the same applies hereinafter) to make the information contained in the interim balance sheet, etc. and the interim consolidated balance sheet, etc. available to many and unspecified persons within three months after the end of the relevant interim period of the business year and the information contained in the balance sheet, etc. and the consolidated balance sheet, etc. available to many and unspecified persons within three months after the end of the relevant business year, for a continuous period of five years. In such cases, the bank is deemed to have issued the public notice under the provisions of paragraph (4).
The provisions of the preceding paragraphs do not apply to a bank that must submit an annual securities report to the Prime Minister pursuant to the provisions of Article 24, paragraph (1) (Submission of Annual Securities Reports) of the Financial Instruments and Exchange Act.
第二十一条(業務及び財産の状況に関する説明書類の縦覧等)
Each business year, a bank must prepare explanatory documents for the interim period of the business year that is a part of the relevant business year which states the particulars specified by Cabinet Office Order as pertinent to the status of its business and property, prepare explanatory documents for the entire business year which states those particulars, keep those documents at its business offices (other than unmanned business offices and other offices specified by Cabinet Office Order; the same applies in the following paragraph and paragraph (4)), and make them available for public inspection. The same applies to the documents prepared pursuant to the provisions of paragraph (1) of the preceding Article.
If a bank has a subsidiary company, etc., each business year, the bank must prepare explanatory documents for the interim period of the business year that is a part of the relevant business year which states the particulars specified by Cabinet Office Order as pertinent to the status of business and property of the bank and its subsidiary companies, etc., on a consolidated basis, prepare explanatory documents for the entire business year which states those particulars on a consolidated basis, keep those documents at its business offices together with the documents prepared pursuant to the provisions of the first sentence of the preceding paragraph, and make them available for public inspection. The same applies to the documents prepared pursuant to the provisions of paragraphs (1) and (2) of the preceding Article.
The explanatory documents for the interim period of the business year and those for the entire business year which are prescribed in the first sentence of paragraph (1) or the first sentence of the preceding paragraph may be prepared as electronic or magnetic records.
If the explanatory documents for the interim period of the business year and those for the entire business year which are prescribed in the first sentence of paragraph (1) or the documents provided for in the second sentence of that paragraph are prepared as electronic or magnetic records, the bank may take a measure that is specified by Cabinet Office Order as a measure that uses electronic or magnetic means to make the information recorded in an electronic or magnetic record available to many and unspecified persons, at its business offices. In such a case, the bank is deemed to have kept the explanatory documents for the interim period of the business year and those for the entire business year which are provided for in the first sentence of paragraph (1) or the documents provided for in the second sentence of that paragraph and made them available for public inspection, pursuant to the provisions of that paragraph.
The provisions of the preceding paragraph apply mutatis mutandis to the explanatory documents for the interim period of the business year and those for the entire business year that are prescribed in the first sentence of paragraph (2) and to the documents prescribed in the second sentence of that paragraph.
Beyond what is provided for in the provisions of the preceding paragraphs, Cabinet Order prescribes the necessary particulars for the application of those provisions, such as the period of time during which the documents referred to in paragraph (1) or (2) are made available for public inspection.
A bank must endeavor to disclose information that is to serve as a reference for the depositors or other customers to learn the status of business and property of the bank and its subsidiary companies, etc., in addition to the particulars prescribed in the preceding paragraphs.
Article 22Particulars to be Stated in Business Reports
第二十二条(事業報告等の記載事項等)
The particulars to be stated or recorded in the business reports and annexed detailed statements which a bank prepares pursuant to the provisions of Article 435, paragraph (2) (Preparation and Retention of Financial Statements) of the Companies Act, are specified by Cabinet Office Order.
銀行が会社法第四百三十五条第二項(計算書類等の作成及び保存)の規定により作成する事業報告及び附属明細書の記載事項又は記録事項は、内閣府令で定める。
Article 23Denial of the Right of Shareholders to Inspect the Account Books
第二十三条(株主等の帳簿閲覧権の否認)
The provisions of Article 433 (Request to Inspect Account Books) of the Companies Act do not apply to the accounting books of a bank or materials related to them.
会社法第四百三十三条(会計帳簿の閲覧等の請求)の規定は、銀行の会計帳簿及びこれに関する資料については、適用しない。