①When seeking to perform services set forth in Article 10, paragraph (2), item (viii)-2 (hereinafter referred to as "foreign bank agency services", except in items (ii) through (iv) of the following Article), a bank must obtain the authorization by the Prime Minister pursuant to the provisions of Cabinet Office Order in advance, for each foreign bank that is the other party to a contract providing that the bank is being entrusted with the foreign bank agency services (the foreign bank is hereinafter referred to as "principal foreign bank", except in items (ii) through (iv) of the following Article).

②Notwithstanding the provisions of the preceding paragraph, for each foreign bank group (meaning a group consisting of a foreign bank and the foreign bank's subsidiary companies that are foreign banks or of any other persons specified by Cabinet Office Order), a bank may perform foreign bank agency services that has a foreign bank that belongs to that foreign bank group as the principal foreign bank, by obtaining an authorization.

③The provisions of paragraph (1) do not apply if a bank seeks to perform foreign bank agency services by having its subsidiary company which is a foreign bank or any other foreign bank specified by Cabinet Office Order as its principal foreign bank. In such a case, the bank must file a notification with the Prime Minister, pursuant to the provisions of Cabinet Office Order in advance, for each principal foreign bank that is involved in the relevant foreign bank agency services.

The provisions of Article 4, paragraph (1) and Article 47, paragraph (1) do not apply to the cases set forth in any of the following items (limited to services set forth in Article 10, paragraph (1), item (i) or (iii)):

If a bank performs foreign bank agency services by obtaining the authorization referred to in Article 52-2, paragraph (1) or (2) or by filing the notification under the provisions of paragraph (3) of that Article, the provisions of Article 2, paragraph (1) (Prohibition on Deposits) of the Act Regulating the Receipt of Contributions, the Receipt of Deposits, and Interest Rates (Act No. 195 of 1954) do not apply to a deposit (meaning a deposit as defined in Article 2, paragraph (2) of that Act) that is made on a regular basis by the principal foreign bank that is involved in the foreign bank agency services which is related to the foreign bank agency services.

If a bank performs foreign bank agency services by obtaining the authorization referred to in Article 52-2, paragraph (1) or (2) or by filing the notification under the provisions of paragraph (3) of that Article, a loan (meaning a loan as defined in Article 2, paragraph (1) (Definitions) of the Money Lending Business Act (Act No. 32 of 1983)) related to the foreign bank agency services which is made on a regular basis by the principal foreign bank that is involved in the foreign bank agency services is deemed not to fall under the money lending business as defined in Article 2, paragraph (1) of that Act.

The provisions of Chapter III, Section 1, Subsection 5 (excluding Article 34-2, paragraphs (6) through (8) (Cases in Which a Professional Investor Is Deemed to Be a Customer Other Than a Professional Investor) and Article 34-3, paragraph (5) and paragraph (6) (When a Customer Other than a Professional Investor Is a Corporation and That Corporation Is Deemed to Be a Professional Investor)) (Professional Investors), Section 2, Subsection 1 of that Chapter (excluding Articles 35 through 36-4 (Scope of Services for Persons Engaged in Type-I Financial Instruments Business or Investment Management Business; Scope of Concurrent Business by Persons Only Engaged in Type-II Financial Instruments Business or Investment Advisory and Agency Business; Establishment of an Operational Control System; Development of Systems to Protect the Interests of Customers; Posting Signs, etc.; Prohibition on Name Lending; Prohibition on Corporate Bond Management), Article 37, paragraph (1), item (ii) (Regulation of Advertising), Article 37-2 (Obligation to Clarify the Conditions of Transactions in Advance), Article 37-3, paragraph (1), items (ii) and (vi) and paragraph (3) (Provision of Information, etc. Prior to the Conclusion of a Contract), Articles 37-5 through 37-7 (Delivery of Documents in Connection with the Receipt of a Security Deposit; Written Cancellation; Obligation to Conclude a Contract with a designated dispute resolution organization), Article 38, item (i), item (ii), item (vii) and item (viii), and Article 38-2 (Prohibited Actions), the proviso to Article 39, paragraph (3), and paragraph (4), paragraph (6) and paragraph (7) of that Article (Prohibition on Compensation of Loss), and Articles 40-2 through 40-7 (Best Execution Policy; Prohibition of Purchase and Sale If Separate Management Is Not Ensured; Prohibition of Public Offering If Money Has Been Diverted; Prohibition of Purchase and Sale If Provision of Information on the Status of the Business Subject to Investment Is Not Ensured; Prohibition of Public Offering If Information on the Status of the Business Subject to Investment Is Not Provided; Restrictions on the Purchase and Sale of Securities for Professional Investors; Obligation to Notify in Connection with Securities for Professional Investors; Prohibition of Trading Against Self; Obligation to Use an Electronic Data Processing System for Over-the-Counter Transactions of Derivatives)) (General Rules), and Article 45 (excluding items (iii) and (iv)) (Miscellaneous Provisions) of the Financial Instruments and Exchange Act apply mutatis mutandis to actions as an agent or intermediary for a person's entry into a contract for specified deposit, etc. in connection with foreign bank agency services that a foreign bank's agent bank (meaning a bank that performs foreign bank agency services by obtaining the authorization referred to in Article 52-2, paragraph (1) or (2) or by filing a notification under the provisions of paragraph (3) of that Article; the same applies hereinafter) performs. In such a case, in these provisions, the term "financial instruments transaction contract" is deemed to be replaced with "contract for specified deposit, etc."; the term "financial instruments business" is deemed to be replaced with "services as an agent or intermediary in a person's entry into a contract for specified deposit, etc."; the phrase "soliciting the conclusion of or concluding" is deemed to be replaced with "soliciting the conclusion of, or acting as agent or intermediary for the conclusion of"; the term "act that constitutes a financial instruments transaction" in these provisions (excluding Article 34 (Obligation to Notify Professional Investors) of that Act) is deemed to be replaced with "conclusion of a contract for specified deposit, etc."; in Article 34 of that Act, the term "contract for the financial instruments business operator, etc. to perform an act that constitutes a financial instruments transaction (meaning an act set forth in the items of Article 2, paragraph (8); the same applies hereinafter) with the customer as the other party or on behalf of the customer" is deemed to be replaced with "contract for specified deposit, etc. prescribed in Article 13-4 of the Banking Act", the term "and has in the past concluded a financial instruments transaction contract with that professional investor" is deemed to be replaced with "and has in the past acted as agent or intermediary in a person's conclusion of a contract for specified deposit, etc. with that professional investor", and the term "concluding" is deemed to be replaced with "acting as agent or intermediary in a person's entry into"; in Article 34-2, paragraph (5), item (ii) of that Act, the term "concludes" is deemed to be replaced with "acts as agent or intermediary in a person's entry into"; the phrase "subject contract with" in Article 34-3, paragraph (2), item (iv), (a) of that Act is deemed to be replaced with "subject contract through agency or intermediation by"; the term "concludes" in Article 34-3, paragraph (4), item (ii) of that Act is deemed to be replaced with "acts as an agent or intermediary for a person's conclusion of"; in Article 37-3, paragraph (1) of that Act, the term "seeks to conclude" is deemed to be replaced with "acts as agent or intermediary for a person's conclusion of" and the phrase "matters set forth" is deemed to be replaced with "matters set forth and, to contribute to the protection of depositors, etc. (meaning depositors, etc. as defined in Article 2, paragraph (5) of the Banking Act; hereinafter the same applies in this paragraph), the content of the relevant contract for specified deposit, etc. and other matters that should serve as a reference for depositors, etc. (referred to as "reference matters, etc." in the following paragraph)"; in Article 37-3, paragraph (1), item (i) of that Act, the term "the financial instruments business operator, etc." is deemed to be replaced with "the principal foreign bank (meaning a principal foreign bank as defined in Article 52-2, paragraph (1) of the Banking Act) with which the foreign bank's agent bank (meaning the foreign bank's agent bank as defined in Article 52-2-5 of that Act) is affiliated"; in paragraph (2) of that Article, the phrase "excluding the matters set forth in items (v) and (vi) of that paragraph and other matters specified by Cabinet Office Order)" is deemed to be replaced with "excluding the matters set forth in items (v) and (vi) of that paragraph and other matters specified by Cabinet Office Order) and the reference matters, etc."; in the proviso to that paragraph, the phrase "the relevant matters" is deemed to be replaced with "these matters"; in Article 39, paragraph (1), item (i) of that Act, the term "a purchase and sale or other transaction of securities (excluding a purchase and sale with a repurchase requirement and a predetermined repurchase price, and other transactions specified by Cabinet Order) or a derivatives transaction (hereinafter referred to as a 'purchase and sale or other transaction of securities, etc.' in this Article)" is deemed to be replaced with "the conclusion of a contract for specified deposit, etc.", the term "securities or derivatives transaction (hereinafter referred to as 'securities, etc.' in this Article)" is deemed to be replaced with "contract for specified deposit, etc.", the term "customer (if a trust company, etc. (meaning a trust company or a financial institution that has obtained the authorization referred to in Article 1, paragraph (1) of the Act on Engagement in Trust Business by Financial Institutions; the same applies hereinafter) conducts the purchase and sale of securities or a derivatives transaction on the account of a person that establishes a trust based on a trust contract, this includes the person that establishes the trust; hereinafter the same applies in this Article)" is deemed to be replaced with "customer", and the term "to supplement its profits" is deemed to be replaced with "to supplement its profits, other than as under the contract for specified deposit, etc."; in Article 39, paragraph (1), item (ii) of that Act, the term "a purchase and sale or other transaction of securities, etc." is deemed to be replaced with "the conclusion of a contract for specified deposit, etc.", the term "securities, etc." is deemed to be replaced with "contract for specified deposit, etc." and the term "in order to add to the profit that the customer has accrued in connection with those securities, etc." is deemed to be replaced with "in order to add to the profit that the customer has accrued in connection with those securities, etc., other than as under the contract for specified deposit, etc."; in item (iii) of that paragraph, the term "a purchase and sale or other transaction of securities, etc." is deemed to be replaced with "the conclusion of a contract for specified deposit, etc.", the term "securities, etc." is deemed to be replaced with "contract for specified deposit, etc." and the term "in order to add to the profit that the customer has accrued in connection with those securities, etc." is deemed to be replaced with "in order to add to the profit that the customer has accrued in connection with those securities, etc., other than as under the contract for specified deposit, etc."; in paragraph (2) of that Article, the term "a purchase and sale or other transaction of securities, etc." is deemed to be replaced with "the conclusion of a contract for specified deposit, etc."; in paragraph (3) of that Article, the term "which is specified by Cabinet Office Order as a potential cause of" is deemed to be replaced with "which is a potential cause of"; in Article 45, item (ii) of that Act, the phrase "Articles 37-2 through 37-6; Article 40-2, paragraph (4); and Article 43-4" is deemed to be replaced with "Article 37-3 (limited to the part related to paragraph (1), item (i), items (iii) through (v) and item (vii), and excluding paragraph (3)) and Article 37-4" and the term "concluded" is deemed to be replaced with "acted as agent or intermediary for a person's entry into"; and any other necessary technical replacement of terms is specified by Cabinet Order.

①Pursuant to the provisions of Cabinet Office Order, a foreign bank's agent bank must keep the documents that its principal foreign bank and a company incorporated under foreign laws and regulations as the holding company that has the principal foreign bank as its subsidiary company (hereinafter referred to as a "foreign bank holding company" in this paragraph) prepares each business year that states the particulars of the status of business and property of the principal foreign bank and foreign bank holding company (limited to the explanatory documents for the business year prescribed in Article 21, paragraphs (1) and (2) and Article 52-29, paragraph (1) and documents similar to them which are written in Japanese or English) at all business offices in Japan where the foreign bank's agent bank performs foreign bank agency services for that principal foreign bank (excluding unmanned business offices; the same applies in the following paragraph), and must make them available for public inspection.

②If the documents provided for in the preceding paragraph have been prepared as electronic or magnetic records, the foreign bank's agent 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 contained in those documents available to many and unspecified persons at all of the business offices where the foreign bank's agent bank provides foreign bank agency services. In such a case, the foreign bank's agent bank is deemed to have kept the documents provided for in the preceding paragraph and made them available for public inspection pursuant to the provisions of that paragraph.

Pursuant to the provisions of Cabinet Office Order, a foreign bank's agent bank must explain to customers the particulars of the status of business and property of its principal foreign bank, and take other measures for ensuring the sound and appropriate management of the foreign bank agency services performed by that foreign bank's agent bank.

If the Prime Minister finds it to be necessary for ensuring the sound and appropriate management of foreign bank agency services, the Prime Minister may request a foreign bank's agent bank to make a report or submit materials on the status of business or property of its principal foreign bank (including a person that has a unique relationship specified by Cabinet Order with the principal foreign bank).

①When the principal foreign bank of a foreign bank's agent bank (excluding a principal foreign bank (limited to the foreign bank with which the foreign bank branch is affiliated) related to the foreign bank agency services that the foreign bank's agency bank performs (limited to the services performed by that foreign bank branch)) falls under one of the following items, the foreign bank's agent bank must file a notification to that effect with the Prime Minister pursuant to the provisions of Cabinet Office Order:

②When a foreign bank's agent bank files a notification under the provisions of the preceding paragraph (limited to the part related to items (ii) through (vi)) it must issue public notice of the content of that notification, as well as post a notice to that effect in a place easily seen by the public at all of the business offices of the foreign bank's agent bank where it performs foreign bank agency services for the principal foreign bank to which the notification pertains for a period of not less than one month, pursuant to the provisions of Cabinet Office Order.

③In the case referred to in the preceding paragraph, a foreign bank's agent bank that, pursuant to the provisions of Article 49-2, paragraph (1), has established the method set forth in item (i) of that paragraph as its means of giving public notice, or that, pursuant to the provisions of Article 57, has established the method set forth in item (i) of that Article as its means of giving public notice must, pursuant to the provisions of Cabinet Office Order and in addition to what is done pursuant to the provisions of the preceding paragraph, make the content of the posting pursuant to the provisions of that paragraph available for public inspection by automatic public transmission conducted by connecting to a telecommunications line during the period referred to in that paragraph.

The provisions of Article 52-40, Article 52-41, Articles 52-43 through 52-45 (excluding item (iv)), Article 52-49 and Article 52-50, paragraph (1), apply mutatis mutandis to a foreign bank's agent bank for provisions related to a bank agent, to a principal foreign bank for provisions related to a principal bank, and to a foreign bank agency services for provisions related to foreign bank agency services. In such cases, the term "services of the principal bank" in Article 52-45, item (v) is deemed to be replaced with "foreign bank agency services," and any other necessary technical replacement of terms is specified by Cabinet Order.