Chapter IV Supervision
第四章 監督
Article 24Making Reports or Submitting Materials
第二十四条(報告又は資料の提出)
If the Prime Minister finds it to be necessary for ensuring the sound and appropriate management of a bank's services, the Prime Minister may ask a bank (including a bank agent that has the bank as its principal bank) to make a report or submit materials on the status of its business or property.
If the Prime Minister finds it to be particularly necessary for ensuring the sound and appropriate management of a bank's services, the Prime Minister, to the extent necessary, may ask the subsidiary corporation, etc. of the bank (meaning a subsidiary company, or a corporation that is specified by Cabinet Office Order as one whose management is controlled by a bank; the same applies in the following paragraph, paragraphs (2) and (5) of the following Article and Article 47, paragraph (2)) or a person that a bank has entrusted with its services (including a person further entrusted by that entrusted person (including entrustment at two or more degrees of separation from the original entrustment) and excluding a bank agent referred to in the preceding paragraph; the same applies in the following paragraph and paragraphs (2) and (5) of the following Article) to make a report or submit materials that is to serve as a reference on the status of business or property of the bank.
The subsidiary corporation, etc. of a bank or a person that a bank has entrusted with its services may refuse to make a report or submit materials pursuant to the provisions of the preceding paragraph if it has legitimate grounds for doing so.
第二十五条(立入検査)
If the Prime Minister finds it to be necessary for ensuring the sound and appropriate management of a bank's services, the Prime Minister may have relevant officials enter the business office or other facilities of a bank (including a bank agent that has the bank as its principal bank), have those officials ask questions about the status of its business or property, and have them inspect its books, documents, and any other articles.
If an entry into facilities is to be made, and questioning or inspection is to be conducted pursuant to the provisions of the preceding paragraph and the Prime Minister finds it to be particularly necessary, the Prime Minister may, to the extent necessary, have relevant officials enter the facilities of a subsidiary corporation, etc. of the bank or the facilities of the person that the bank has entrusted with its services, have those officials ask questions about any particulars that are required to be asked in relation to the questioning or inspection of the bank, and have them inspect its books, documents, and any other articles.
In the cases referred to in the preceding two paragraphs, the relevant officials must carry an identification card, and must present it if a person concerned requests them to do so.
前二項の場合において、当該職員は、その身分を示す証明書を携帯し、関係人の請求があつたときは、これを提示しなければならない。
The authority under paragraph (1) and paragraph (2) must not be construed as being granted for criminal investigation purposes.
The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the questioning and inspection under the provisions of paragraph (2) of the subsidiary corporation, etc. of a bank or of the person that a bank has entrusted with its services.
Article 26Suspension of Services
第二十六条(業務の停止等)
If the Prime Minister finds it to be necessary for ensuring the sound and appropriate management of a bank's services in light of the status of business or property of a bank or the status of property of a bank and its subsidiary companies, etc., the Prime Minister may indicate to the bank the particulars for which the bank is required to take measures and the due date for taking them, ask the bank to submit an improvement plan for ensuring sound bank management, or order the bank to change the improvement plan that has been submitted, or may order the bank to suspend all or part of its services by setting a deadline, order the bank to deposit its assets, or order other measures that are necessary for supervision, to the extent necessary.
The order under the provisions of the preceding paragraph (including requesting a bank to submit an improvement plan) that is issued when it is found to be necessary in light of the adequacy of equity capital of a bank or that of a bank and its subsidiary companies, etc., must be an order specified by Cabinet Office Order or Ministry of Finance Order in accordance with the category of adequacy of equity capital of a bank or a bank and its subsidiary companies, etc. specified by Cabinet Office Order or Ministry of Finance Order.
Article 27Revocation of Licenses
第二十七条(免許の取消し等)
If a bank violates laws and regulations, its articles of incorporation, or a disposition by the Prime Minister based on laws and regulations, or commits an act that harms the public interest, the Prime Minister may order the bank to suspend all or part of its services or to dismiss its director, executive officer, accounting advisor, company auditor, or accounting auditor, or may revoke the license referred to in Article 4, paragraph (1).
第二十八条
If the Prime Minister orders a bank to suspend all or part of its services pursuant to the provisions of the preceding two Articles, and finds it to be necessary in light of the circumstances of the suspension of the services, the Prime Minister may revoke the license referred to in Article 4, paragraph (1).
Article 29Retention of Assets in Japan
第二十九条(資産の国内保有)
If the Prime Minister finds it to be necessary for protecting depositors, etc. or for public interest, the Prime Minister, to the extent necessary, may order a bank to retain the part of its assets specified by Cabinet Order in Japan, pursuant to the provisions of Cabinet Order.