Article 52-61-6Notification of Changes
第五十二条の六十一の六(変更の届出)
Except in the case specified by Cabinet Office Order, if a particular set forth in any of the items of Article 52-61-3, paragraph (1) changes, an electronic payment service provider must file a notification to that effect with the Prime Minister pursuant to the provisions of Cabinet Office Order, within 30 days from the day on which the change occurred.
電子決済等代行業者は、第五十二条の六十一の三第一項各号に掲げる事項について変更があつたときは、内閣府令で定める場合を除き、内閣府令で定めるところにより、その日から三十日以内に、その旨を内閣総理大臣に届け出なければならない。
Upon accepting a notification under the provisions of the preceding paragraph, the Prime Minister must register the particular that has been notified in the electronic payment service providers register.
内閣総理大臣は、前項の規定による届出を受理したときは、届出があつた事項を電子決済等代行業者登録簿に登録しなければならない。
If the business content or business methods that an electronic payment service provider has stated in the documents set forth in Article 52-61-3, paragraph (2), item (iii) change, the electronic payment service provider must notify the Prime Minister of this change without delay, pursuant to the provisions of Cabinet Office Order.
電子決済等代行業者は、第五十二条の六十一の三第二項第三号に掲げる書類に記載した業務の内容又は方法について変更があつたときは、内閣府令で定めるところにより、遅滞なく、その旨を内閣総理大臣に届け出なければならない。
Article 52-61-7Notification of Business Discontinuation
第五十二条の六十一の七(廃業等の届出)
If an electronic payment service provider comes to fall under any of the cases referred to in the following items, the person specified in that item must file a notification to that effect with the Prime Minister, within 30 days from the day on which this occurred:
電子決済等代行業者が次の各号のいずれかに該当することとなつたときは、当該各号に定める者は、その日から三十日以内に、その旨を内閣総理大臣に届け出なければならない。
an electronic payment service provider discontinues electronic payment services, has all of its electronic payment services succeeded to in a company split, or transfers all of the electronic payment services:the individual or corporation that discontinues the electronic payment services, has them succeeded to, or transfers them;
電子決済等代行業を廃止したとき、又は会社分割により電子決済等代行業の全部の承継をさせたとき、若しくは電子決済等代行業の全部の譲渡をしたとき その電子決済等代行業を廃止し、又は承継をさせ、若しくは譲渡をした個人又は法人
an individual that is an electronic payment service provider dies:the heir;
電子決済等代行業者である個人が死亡したとき その相続人
a corporation that is an electronic payment service provider ceases to exist due to a merger:the person that was the officer representing that corporation;
電子決済等代行業者である法人が合併により消滅したとき その法人を代表する役員であつた者
a corporation that is an electronic payment service provider is dissolved due to an order commencing bankruptcy proceedings:the bankruptcy trustee; or
電子決済等代行業者である法人が破産手続開始の決定により解散したとき その破産管財人
a corporation that is an electronic payment service provider is dissolved for reasons other than a merger or an order commencing bankruptcy proceedings:the liquidator.
電子決済等代行業者である法人が合併及び破産手続開始の決定以外の理由により解散したとき その清算人
If an electronic payment service provider comes to fall under any of the items of the preceding paragraph, the registration of the electronic payment service provider ceases to be effective.
Section 2 Services
第二節 業務
Article 52-61-8Explanation to Users
第五十二条の六十一の八(利用者に対する説明等)
When performing an action set forth in any of the items of Article 2, paragraph (21) (excluding the actions specified by Cabinet Office Order that are prescribed in that paragraph), an electronic payment service provider must explain the following particulars to users in advance, pursuant to the provisions of Cabinet Office Order, except in cases specified by Cabinet Office Order:
the trade name or name and address of the electronic payment service provider;
電子決済等代行業者の商号、名称又は氏名及び住所
particulars concerning the authority of the electronic payment service provider;
電子決済等代行業者の権限に関する事項
particulars concerning compensation for damage by the electronic payment service provider;
電子決済等代行業者の損害賠償に関する事項
the contact information of the business office or office that handles complaints on electronic payment services from users or provides consultation concerning electronic payment services to users; and
電子決済等代行業に関する利用者からの苦情又は相談に応ずる営業所又は事務所の連絡先
other particulars specified by Cabinet Office Order.
その他内閣府令で定める事項
Pursuant to the provisions of Cabinet Office Order, an electronic payment service provider must take the measures of providing users with information to prevent them from mistaking electronic payment services for the services conducted by banks, for ensuring the proper handling and safe control of the information on users that the electronic payment service provider has acquired in connection with the electronic payment services, for ensuring the precise execution of electronic payment services when the electronic payment service provider entrusts the services to a third party, and other measures for ensuring the sound and appropriate management of electronic payment services.
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削除
Article 52-61-10Obligation to Conclude Contracts with a Bank
第五十二条の六十一の十(銀行との契約締結義務等)
Before performing an action set forth in any of the items of Article 2, paragraph (21) (excluding the actions specified by Cabinet Office Order that are prescribed in that Article), an electronic payment service provider must conclude a contract for electronic payment services with the bank referred to in each of those items, and conduct electronic payment services related to that bank in accordance with the contract.
The following particulars must be provided for in the contract referred to in the preceding paragraph:
前項の契約には、次に掲げる事項を定めなければならない。
particulars concerning the sharing of the liability to compensate users for any damage incurred by them in connection with electronic payment services (limited to the services related to the bank; the same applies in the following item) between the bank and the electronic payment service provider;
particulars concerning the measures to be taken by the electronic payment service provider to ensure the proper handling and safe control of the information on users that the electronic payment service provider has acquired through electronic payment services, and the measures that may be taken by the bank if the electronic payment service provider does not take those measures; and
other particulars specified by Cabinet Office Order as those necessary for ensuring appropriate operation of electronic payment services.
その他電子決済等代行業の業務の適正を確保するために必要なものとして内閣府令で定める事項
When a bank and an electronic payment service provider conclude a contract referred to in paragraph (1), they must publicize the particulars set forth in the items of the preceding paragraph in the content of the contract using the internet or by any other means without delay, pursuant to the provisions of Cabinet Office Order.
Article 52-61-11Establishment of Standards by Banks
第五十二条の六十一の十一(銀行による基準の作成等)
A bank must establish standards for particulars required of an electronic payment service provider in concluding a contract referred to in paragraph (1) of the preceding Article, and must publicize the standards using the internet or by any other means, pursuant to the provisions of Cabinet Office Order.
The particulars required of an electronic payment service provider that are referred to in the preceding paragraph are to include the measures that should be taken by the electronic payment service provider that is the counterparty to the contract referred to in paragraph (1) of the preceding Article for ensuring the proper handling and safe control of the information on users that the electronic payment service provider acquires in relation to electronic payment services, and other particulars specified by Cabinet Office Order.
When concluding a contract referred to in paragraph (1) of the preceding Article, a bank must not treat an electronic payment service provider that meets the standards referred to in paragraph (1) in an unreasonably discriminatory manner.
Section 3 Supervision
第三節 監督
Article 52-61-12Books and Documents Concerning Electronic Payment Services
第五十二条の六十一の十二(電子決済等代行業に関する帳簿書類)
An electronic payment service provider must prepare and preserve books and documents concerning electronic payment services, pursuant to the provisions of Cabinet Office Order.
Article 52-61-13Written Reports on Electronic Payment Services
第五十二条の六十一の十三(電子決済等代行業に関する報告書)
Each business year, an electronic payment service provider must prepare a written report on its electronic payment services and submit it to the Prime Minister, pursuant to the provisions of Cabinet Office Order.
Article 52-61-14Making Reports or Submitting Materials
第五十二条の六十一の十四(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 electronic payment services by an electronic payment service provider, the Prime Minister may ask the electronic payment service provider to make a report or submit materials on the status of their business or property.
If the Prime Minister finds it to be particularly necessary for ensuring the sound and appropriate management of electronic payment services by an electronic payment service provider, the Prime Minister may, to the extent necessary, request a person that conducts transactions with the electronic payment service provider related to its electronic payment services or a person that the electronic payment service provider has entrusted with its electronic payment services (including a person further entrusted by that entrusted person (including entrustment at two or more degrees of separation from the original entrustment); the same applies in the following paragraph and paragraphs (2) and (5) of the following Article) to make a report or submit materials on the status of business or property of the electronic payment service provider.
A person conducting transactions with an electronic payment service provider related to its electronic payment services or a person that an electronic payment service provider has entrusted with its electronic payment services may refuse to make a report or submit materials pursuant to the provisions of the preceding paragraph if the person has legitimate grounds for doing so.
Article 52-61-15On-Site Inspections
第五十二条の六十一の十五(立入検査)
If the Prime Minister finds it to be necessary for ensuring the sound and appropriate management of electronic payment services by an electronic payment service provider, the Prime Minister may have relevant officials enter the business office, office, or any other facilities of the electronic payment service provider, have those officials ask questions about the status of their business or property, or have them inspect the service provider's 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, when 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 person conducting transactions with the electronic payment service provider that are related to electronic payment services or of a person that the electronic payment service provider has entrusted with its electronic payment services, have those officials ask questions about any particulars that are required to be asked in relation to the questioning or inspection of the electronic payment service provider, or have them inspect their books, documents, and any other articles.
In the cases referred to in the preceding two paragraphs, the relevant official 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 paragraphs (1) and (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 of the person conducting transactions with an electronic payment service provider that are connected with its electronic payment services or of the person that the electronic payment service provider has entrusted with electronic payment services, pursuant to the provisions of paragraph (2).
Article 52-61-16Business Improvement Orders
第五十二条の六十一の十六(業務改善命令)
If the Prime Minister finds it to be necessary for ensuring the sound and appropriate management of electronic payment services by an electronic payment service provider, the Prime Minister may order the electronic payment service provider to change their business content and business methods and order other measures that are necessary for supervision, to the extent necessary.