Companies Act

An interested party may make a request to a court clerk for inspection of the documents or any other articles (hereinafter referred to as the "documents, etc." in this Article and paragraph (1) of the following Article) submitted to the court or prepared by the court based on the provisions of Part II, Chapter IX, Section 2 or this Section or Part II of the Non-Contentious Cases Procedures Act (or, if an order to commence special liquidation has been issued, Part II, Chapter IX, Section 1 or Section 2, or Section 1 of this Chapter (limited to the portion relating to a case relating to a petition under the provisions of Part II, Chapter IX, Section 1) or this Section, or Part II of the Non-Contentious Cases Procedures Act) (including the provisions of this Act or any other Acts applied mutatis mutandis under these provisions).

An interested party may make a request to a court clerk for copying of the documents, etc., delivery of the original, a transcript or an extract thereof, or delivery of a certificate of matters concerning the case.

The provisions of the preceding paragraph do not apply to sound recording tapes or video tapes (including objects on which certain matters are recorded by a method equivalent thereto) among the documents, etc. In these cases, a court clerk must permit reproduction of these objects if there is a request from an interested party for these objects.

Notwithstanding the provisions of the preceding three paragraphs, the persons set forth in the following items may not make a request under the provisions of the preceding three paragraphs until any one of the orders, provisional orders, dispositions or judicial decisions specified respectively in those items has been issued; provided, however, that this does not apply if any that person is a petitioner with respect to commencement of special liquidation:

an interested party other than the liquidating stock company:an order to suspend under the provisions of Article 512, a provisional order under the provisions of Article 540, paragraph (2), a disposition under the provisions of Article 541, paragraph (2), or a judicial decision relating to a petition for commencement of special liquidation; or

the liquidating stock company:a judicial decision designating the date of the hearing on which the liquidating stock company is to be summoned concerning a petition for commencement of special liquidation or the order, provisional order, disposition or judicial decision specified in the preceding item.

The provisions of Article 32, paragraphs (1) through (4) of the Non-Contentious Cases Procedures Act do not apply to the special liquidation proceedings.

If a prima facie showing is made that any one of the following documents, etc. include a part (hereinafter referred to as a "detrimental part") where inspection or copying thereof, delivery of the original or a transcript or an extract thereof, or reproduction thereof (hereinafter referred to as "inspection, etc." in this Article) by interested parties is likely to cause considerable detriment to the implementation of liquidation of the liquidating stock company, the court may, in response to a petition from the liquidating stock company that submitted relevant documents, etc. or by an investigator, limit the persons who are able to request inspection, etc. of the detrimental part to the person who has filed relevant petition and the liquidating stock company:

documents, etc. relating to a report under the provisions of Article 520 or a report of the results of the investigation prescribed in Article 522, paragraph (1); or

documents, etc. submitted to the court for obtaining the permission set forth in Article 535, paragraph (1) or Article 536, paragraph (1).

When the petition referred to in the preceding paragraph is filed, interested parties (excluding the person who has filed the petition referred to in that paragraph and the liquidating stock company; the same applies in the following paragraph) may not request inspection, etc. of the detrimental part until the judicial decision on the petition becomes final and binding.

An interested party who intends to request inspection, etc. of the detrimental part may file a petition for revocation of the ruling under the provisions of paragraph (1) with the special liquidation court on the basis that the requirements prescribed in that paragraph are not satisfied or are no longer satisfied.

An immediate appeal may be entered against a ruling to dismiss the petition referred to in paragraph (1) or against a judicial decision relating to the petition referred to in the preceding paragraph.

A ruling to revoke the ruling under the provisions of paragraph (1) does not become effective until it is final and binding.

When a creditor or shareholder files a petition for commencement of special liquidation, the creditor or shareholder must make a prima facie showing of the grounds that serve as the cause for commencement of special liquidation.

When a creditor files a petition for commencement of special liquidation, the creditor must also make a prima facie showing of the presence of the claims the creditor holds.

When filing a petition for commencement of special liquidation, the petitioner must prepay the amount specified by the court as expenses for the proceedings of special liquidation prescribed in Article 514, item (i).

An immediate appeal may be entered against a ruling concerning the prepayment of expenses referred to in the preceding paragraph.

The court may change or revoke an order to suspend under the provisions of Article 512.

An immediate appeal may be entered against the order to suspend referred to in the preceding paragraph and a ruling under the provisions of that paragraph.

The immediate appeal referred to in the preceding paragraph does not have the effect of staying execution.

I the judicial decision prescribed in paragraph (2) or a judicial decision relating to the immediate appeal referred to in that paragraph is made, the written judgment thereof must be served on the parties.

When the court issues an order to commence special liquidation, it must immediately give public notice to that effect and serve the written judgment of the order to commence special liquidation on the liquidating stock company.

An order to commence special liquidation becomes effective when the written judgment thereof is served on the liquidating stock company.

When an order to commence special liquidation is issued, the expenses for the proceedings of special liquidation are borne by the liquidating stock company.

Only the liquidating stock company may enter an immediate appeal against an order to commence special liquidation.

Only the petitioner may enter an immediate appeal against a judicial decision that dismissed a petition for commencement of special liquidation.

The court that has issued an order to commence special liquidation must, if the immediate appeal set forth in paragraph (4) has been entered, if a ruling to revoke relevant order becomes final and binding, immediately give public notice to that effect.

The court must, when issuing an order to suspend under the provisions of Article 516, hear statements by the petitioner of the procedures to enforce security interests prescribed in that Article.

The court may change or revoke the order to suspend referred to in the preceding paragraph.

Only the petitioner referred to in paragraph (1) may enter an immediate appeal against the order to suspend referred to in paragraph (1) and a ruling to change under the provisions of the preceding paragraph.

The immediate appeal referred to in the preceding paragraph does not have the effect of staying execution.

If the judicial decision prescribed in paragraph (3) or a judicial decision on the immediate appeal referred to in that paragraph is made, the written judgment thereof must be served on the parties.

The court may change or revoke an investigation order (meaning an investigation order prescribed in Article 522, paragraph (1); the same applies in the following paragraph).

An immediate appeal may be entered against an order to investigate and a ruling under the provisions of the preceding paragraph.

The immediate appeal set forth in the preceding paragraph does not have the effect of staying execution.

If the judicial decision prescribed in paragraph (2) or a judicial decision on the immediate appeal referred to in that paragraph is made, the written judgment thereof must be served on the parties.

The court must, in cases of dismissing a liquidator pursuant to the provisions of Article 524, paragraph (1), hear statements from relevant liquidator.

An immediate appeal may be filed against a judicial decision on dismissal under the provisions of Article 524, paragraph (1).

The immediate appeal referred to in the preceding paragraph does not have the effect of staying execution.

An immediate appeal may be filed against a ruling under the provisions of Article 526, paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to paragraph (2) of that Article).