Supplementary Provisions, Article 6Measures Where a Stock Company Does Not Reach the Minimum Amount of Capital
第六条（株式会社が最低資本金に達しない場合の措置）
If a stock company prescribed in paragraph (3) of the preceding Article has not, by the day on which two months have elapsed counted from the date of the public notice in that paragraph, filed an application for registration of a change making its amount of capital 10 million yen or more, or an application for registration to be made where it has changed its organization to a limited company, general partnership company, or limited partnership company, that stock company is deemed to have been dissolved on that day.
A company deemed to have been dissolved under the provisions of the preceding paragraph may, only within three years counted from the day it was so deemed, continue the company by the resolution prescribed in Article 343 of the Commercial Code. In this case, until it makes its amount of capital 10 million yen or more, or changes its organization to a limited company, general partnership company, or limited partnership company, that company has rights and bears obligations within the scope of the purpose of that amount of capital or change of organization.
前項の規定により解散したものとみなされた会社は、そのみなされた日から起算して三年内に限り、商法第三百四十三条に定める決議により会社を継続することができる。この場合において、その会社は、資本の額を千万円以上とし、又は組織を変更して有限会社、合名会社若しくは合資会社とするまでの間は、当該資本の額又は組織の変更の目的の範囲内において、権利を有し、義務を負う。
The continuation of a company under the provisions of the preceding paragraph ceases to be effective if, within the period in that paragraph, the company has neither made its amount of capital 10 million yen or more nor changed its organization to a limited company, general partnership company, or limited partnership company.
The provisions of Article 5, paragraphs (2), (4), and (5) of the Supplementary Provisions apply mutatis mutandis where a company continued under the provisions of paragraph (2) changes its organization to a general partnership company or limited partnership company within the period in that paragraph.
The filing of the application for registration of continuation under the provisions of paragraph (2) and the filing of the application for registration of a change of the amount of capital or for registration to be made where the organization has been changed must be made at the same time.
第二項の規定による継続の登記の申請と資本の額の変更の登記又は組織を変更した場合にすべき登記の申請とは、同時にしなければならない。
The provisions of Article 91-2 of the Commercial Registration Act (Act No. 125 of 1963) apply mutatis mutandis to the registration of dissolution under the provisions of paragraph (1).
商業登記法（昭和三十八年法律第百二十五号）第九十一条の二の規定は、第一項の規定による解散の登記について準用する。
registration
登記
Entry in a public register kept by a registry office (登記所) — a Legal Affairs Bureau or one of its branch offices — so that the matter is made public (Real Property Registration Act, Articles 1 and 6, paragraph (1)). Rights in land and buildings, such as ownership, a superficies (地上権), a statutory lien (先取特権), a mortgage and a right of lease (賃借権), can be registered under that Act (Article 3), and matters the Commercial Code, the Companies Act and other Acts require to be registered are registered under the Commercial Registration Act (Article 1). Registration also lets a right be asserted against third parties: acquiring, losing or changing a right in rem (物権) in land or a building, such as ownership, cannot be asserted against third parties until it is registered (Civil Code, Article 177), and a matter the Companies Act requires to be registered cannot be asserted against a third party who does not know of it until it has been registered, nor, even after that, against one who had a justifiable reason for not knowing of the registration (Companies Act, Article 908, paragraph (1)).
Written by AI using Real Property Registration Act, Arts. 1, 3, 6, Commercial Registration Act, Art. 1, Civil Code, Art. 177 and Companies Act, Art. 908 as a reference.