Companies Act

The court must, in cases of dismissing a supervisor, hear statements from relevant supervisor.

An immediate appeal may be filed against a ruling under the provisions of Article 532, paragraph (1).

The provisions of the preceding Article apply mutatis mutandis pursuant to investigators.

A liquidator must, in cases of filing a petition for the permission referred to in Article 536, paragraph (1), hear the opinions of the known creditors and report the contents thereof to the court.

The court must, in cases of issuing the permission set forth in Article 536, paragraph (1), hear the opinions of the labor union, etc. (meaning the labor union if there is a labor union consisting of a majority of the employees and any other workers of the liquidating stock company, and the person representing a majority of the employees and any other workers of the liquidating stock company if there is no labor union consisting of a majority of the employees and any other workers of the liquidating stock company).

An immediate appeal may be entered against a judicial decision relating to the petition referred to in Article 539, paragraph (1).

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

The court may change or revoke any one of the following judicial decisions:

a provisional order under the provisions of Article 540, paragraph (1) or (2);

a disposition under the provisions of Article 541, paragraph (1) or (2);

a provisional order under the provisions of Article 542, paragraph (1) or (2); or

a disposition under the provisions of Article 543.

An immediate appeal may be entered against the judicial decisions set forth in the items of 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.

If 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 makes the judicial decision set forth in paragraph (1), item (ii), it must immediately give public notice to that effect. The same applies when it makes a ruling to change or revoke relevant judicial decision.

When a liquidating stock company intends to file the petition referred to in Article 545, paragraph (1), it must make a prima facie showing with regard to the fact that serves as the cause thereof.

A ruling evaluating the subject officer's liability (meaning the ruling evaluating the subject officer's liability prescribed in Article 545, paragraph (1); hereinafter the same applies in this Article) and a ruling to dismiss the petition referred to in the preceding paragraph must append the reason therefor.

The court must, when making the judicial decision prescribed in the preceding paragraph, hear statements from the subject officers (meaning the subject officers prescribed in Article 542, paragraph (1)).

If a ruling evaluating the subject officers' liability is made, the written judgment thereof must be served on the parties.

When the action referred to in Article 858, paragraph (1) is not filed within the period referred to in that paragraph or is dismissed, the ruling evaluating the subject officers' liability has the same effect as a final and binding judgment ordering performance.

An immediate appeal may be entered against a ruling to dismiss the petition for permission referred to in Article 547, paragraph (3).

An interested party may state an opinion on whether the agreement under a petition as referred to in Article 568 should be approved.

Where an agreement provides for a reduction of or release from a debt or any other measures that would affect rights as regards a claim in respect of foreign taxes subject to mutual assistance, the opinion of the person with the authority to collect on the claim must be heard.

When the court reaches a ruling approving the agreement referred to in Article 569, paragraph (1), it must immediately give public notice to that effect.

An immediate appeal may be entered against a judicial decision relating to a petition referred to in Article 568. In such a case, the period for entering an immediate appeal against the ruling approving the agreement referred to in the preceding paragraph is the two weeks after the day on which the public notice under the provisions of that paragraph becomes effective.

The provisions of the preceding paragraphs apply mutatis mutandis to cases in which the details of an agreement are changed pursuant to the provisions of Article 572.

When the court makes a ruling to conclude special liquidation, it must immediately give public notice to that effect.

An immediate appeal may be entered against a judicial decision relating to a petition for the conclusion of special liquidation. In these cases, the period for entering an immediate appeal against a ruling to conclude special liquidation is two weeks from the day on which the public notice under the provisions of the preceding paragraph has become effective.

A ruling to conclude special liquidation does not become effective until it is final and binding.

The court that has made a ruling to conclude special liquidation must, if the immediate appeal set forth in paragraph (2) has been entered, if a ruling to revoke relevant ruling becomes final and binding, immediately give public notice to that effect.

The provisions of the preceding Section apply mutatis mutandis to liquidation of a foreign company's property in Japan under the provisions of Article 822, paragraph (1), excluding those that are not applicable by their nature.

When the court makes a judicial decision relating to the petition referred to in Article 824, paragraph (1) or Article 827, paragraph (1), it must seek the opinion of the Minister of Justice.

The Minister of Justice may, when the court carries out a hearing concerning the case relating to the petition referred to in the preceding paragraph, attend relevant hearing.

The court must notify the Minister of Justice that a case relating to the petition referred to in paragraph (1) became pending and of the date of the hearing referred to in the preceding paragraph.

The Minister of Justice may also enter an immediate appeal against a judicial decision to dismiss the petition referred to in paragraph (1) in addition to the persons prescribed in Article 872, item (iv).

If the court issues a provisional order referred to in Article 825, paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to Article 827, paragraph (2)), the expenses for procedures in non-contentious cases are borne by the company or foreign company. The same applies to the necessary expenses with regard to the provisional order.

If an immediate appeal has been entered against a provisional order as referred to in the preceding paragraph or against a judicial decision dismissing a petition under the provisions of Article 825, paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to Article 827, paragraph (2)), and the court of the appeal revokes the judicial decision of the prior instance by finding that relevant immediate appeal has grounds, the court costs required for the procedures in the appeal instance and the court costs required for the procedures in the prior instance, which had been borne by the appellant, are borne by the company or foreign company.

An interested party may make a request to a court clerk for inspection of documents relating to the report or account referred to in Article 825, paragraph (6) (including the cases where it is applied mutatis mutandis pursuant to Article 827, paragraph (2)).

An interested party may make a request to a court clerk for the copying of the documents referred to in the preceding paragraph or delivery of the original, transcript or an extract thereof.

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 referred to in paragraph (1). In these cases, a court clerk must permit reproduction of these objects if there is such a request from an interested party for these objects.

The Minister of Justice may make a request to a court clerk for inspection of the documents referred to in paragraph (1).

The provisions of Article 91, paragraph (5) of the Code of Civil Procedure apply mutatis mutandis to the documents referred to in paragraph (1).