Chapter III Non-Contentious Cases (Articles 886-2 to 892)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 886-2, paragraph (1)（ファイル記録事項の閲覧等）Inspection, etc. of File-Recorded MattersAdded
An interested party may, pursuant to the provisions of the Rules of the Supreme Court, make a request to a court clerk for inspection of the content of the matters recorded in a file (referred to simply as a "file" in Article 906-2, paragraph (1)) stored in a computer used by the court (including input-output devices; the same applies hereinafter) based on the provisions of Part II, Chapter IX, Section 2 or this Section or Part II of the Non-Contentious Case Procedures Act (hereinafter referred to as "file-recorded matters" in this Article and Article 887, paragraph (6)), as displayed by the method specified by the Rules of the Supreme Court.
Article 886-2, paragraph (2)（ファイル記録事項の閲覧等）Inspection, etc. of File-Recorded MattersAdded
An interested party may, with respect to file-recorded matters, make a request to a court clerk, pursuant to the provisions of the Rules of the Supreme Court, for copying by the method of recording them in a file stored in the computer used by that interested party through the use of the electronic data processing system specified by the Rules of the Supreme Court (meaning an electronic data processing system connecting the computer used by the court and the computer used by the other party to the proceedings via a telecommunications line; the same applies hereinafter) or by any other method specified by the Rules of the Supreme Court.
Article 886-2, paragraph (3)（ファイル記録事項の閲覧等）Inspection, etc. of File-Recorded MattersAdded
An interested party may, pursuant to the provisions of the Rules of the Supreme Court, make a request to a court clerk for the delivery of a document stating all or part of the file-recorded matters for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the content of the document is identical to the file-recorded matters, or for the provision of an electronic or magnetic record recording all or part of the file-recorded matters (meaning a record created in electronic form, magnetic form or any other form that cannot be perceived by the human senses, which is used in computerized information processing; the same applies in this paragraph, the following Article and Article 906-2, paragraph (3)) for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the content of the electronic or magnetic record is identical to the file-recorded matters, by the method of recording it in a file stored in the computer used by that interested party through the use of the electronic data processing system specified by the Rules of the Supreme Court or by any other method specified by the Rules of the Supreme Court.
Article 886-2, paragraph (4)（ファイル記録事項の閲覧等）Inspection, etc. of File-Recorded MattersAdded
The provisions of Article 91, paragraph (5) of the Code of Civil Procedure apply mutatis mutandis to a request under the provisions of paragraphs (1) and (2).
Article 886-3, paragraph (1)（事件に関する事項の証明）Certification of Matters Concerning the CaseAdded
An interested party may, pursuant to the provisions of the Rules of the Supreme Court, make a request to a court clerk for the delivery of a document stating matters concerning the special liquidation case for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, or for the provision of an electronic or magnetic record recording those matters for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, by the method of recording it in a file stored in the computer used by that interested party through the use of the electronic data processing system specified by the Rules of the Supreme Court or by any other method specified by the Rules of the Supreme Court.
Article 886-4, paragraph (1)（閲覧等の特則）Special Provisions on Inspection, etc.Added
Notwithstanding the provisions of the preceding three Articles, the persons set forth in the following items may not make a request under those provisions 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 that person is a petitioner with respect to commencement of special liquidation:
Article 886-4, paragraph (1), item (i)（閲覧等の特則）Special Provisions on Inspection, etc.Added
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
Article 886-4, paragraph (1), item (ii)（閲覧等の特則）Special Provisions on Inspection, etc.Added
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.
Article 887, paragraph (1)（支障部分の閲覧等の制限）(Restrictions on Inspection of Detrimental Parts)Changed
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" in this paragraph through paragraph (3)) 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 Articleparagraph through paragraph (3)) 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).
第五百三十五条第一項又は第五百三十六条第一項の許可を得るために裁判所に提出された文書等
Article 887, paragraph (2)（支障部分の閲覧等の制限）
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.
第一項の申立てを却下する決定及び前項の申立てについての裁判に対しては、即時抗告をすることができる。
Article 887, paragraph (5)（支障部分の閲覧等の制限）
A ruling to revoke the ruling under the provisions of paragraph (1) does not become effective until it is final and binding.
第一項の規定による決定を取り消す決定は、確定しなければその効力を生じない。
Article 887, paragraph (6)（支障部分の閲覧等の制限）(Restrictions on Inspection of Detrimental Parts)Added
The provisions of the preceding paragraphs apply mutatis mutandis to file-recorded matters. In this case, the phrase "copying thereof, delivery of the original or a transcript or an extract thereof, or reproduction thereof" in paragraph (1) is deemed to be replaced with "copying thereof, or delivery of a document certifying all or part of the content thereof or provision of an electronic or magnetic record certifying all or part of the content thereof".
Subsection 2 Special Provisions on Procedures for Commencement of Special Liquidation第二款 特別清算の開始の手続に関する特則
Article 888第八百八十八条
Petition for Commencement of Special Liquidation（特別清算開始の申立て）
Article 888, paragraph (1)
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.
債権者が特別清算開始の申立てをするときは、その有する債権の存在をも疎明しなければならない。
Article 888, paragraph (3)
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).
The court may change or revoke an order to suspend under the provisions of Article 512.
裁判所は、第五百十二条の規定による中止の命令を変更し、又は取り消すことができる。
Article 889, paragraph (2)（他の手続の中止命令）
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.
前項の中止の命令及び同項の規定による決定に対しては、即時抗告をすることができる。
Article 889, paragraph (3)（他の手続の中止命令）
The immediate appeal referred to in the preceding paragraph does not have the effect of staying execution.
前項の即時抗告は、執行停止の効力を有しない。
Article 889, paragraph (4)（他の手続の中止命令）(Order to Suspend Other Procedures)Changed
IIf the judicial decision prescribed in paragraph (2) or a judicial decision relating to the immediate appeal referred to in that paragraph is made, the electronic written judgment thereof must be served on the parties.
Article 890, paragraph (1)（特別清算開始の命令）(Order to Commence Special Liquidation)Changed
When the court issues an order to commence special liquidation, it must immediately give public notice to that effect and serve the electronic written judgment of the order to commence special liquidation on the liquidating stock company.
Article 890, paragraph (2)（特別清算開始の命令）(Order to Commence Special Liquidation)Changed
An order to commence special liquidation becomes effective when the electronic written judgment thereof is served on the liquidating stock company.
特別清算開始の命令は、清算株式会社に対する電子裁判書の送達がされた時から、効力を生ずる。
Article 890, paragraph (3)（特別清算開始の命令）
When an order to commence special liquidation is issued, the expenses for the proceedings of special liquidation are borne by the liquidating stock company.
特別清算開始の命令があったときは、特別清算の手続の費用は、清算株式会社の負担とする。
Article 890, paragraph (4)（特別清算開始の命令）
Only the liquidating stock company may enter an immediate appeal against an order to commence special liquidation.
特別清算開始の命令に対しては、清算株式会社に限り、即時抗告をすることができる。
Article 890, paragraph (5)（特別清算開始の命令）
Only the petitioner may enter an immediate appeal against a judicial decision that dismissed a petition for commencement of special liquidation.
特別清算開始の申立てを却下した裁判に対しては、申立人に限り、即時抗告をすることができる。
Article 890, paragraph (6)（特別清算開始の命令）
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, paragraph (1) (excluding an order to suspend procedures to enforce a pledge over a claim), hear statements by the security interest holders, the petitioner of the procedures to enforce charge on whole company assets or the general lien holders, etc.
The court must, when it has issued an order to suspend procedures to enforce a pledge over a claim under the provisions of Article 516, paragraph (1), promptly hear statements by the pledgee; provided, however, that this does not apply if the court has heard statements by the pledgee in advance.
The court may change or revoke the order to suspend referred to in the preceding two paragraphs.
裁判所は、前二項の中止の命令を変更し、又は取り消すことができる。
Article 891, paragraph (4)（担保権の実行の手続等の中止命令）
Only the security interest holders, the petitioner of the procedures to enforce charge on whole company assets or the general lien holders, etc. may enter an immediate appeal against the order to suspend referred to in paragraphs (1) and (2) 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.
前項の即時抗告は、執行停止の効力を有しない。
Article 891, paragraph (6)（担保権の実行の手続等の中止命令）(Order to Suspend Procedures to Enforce Security Interests)Changed
If the judicial decision prescribed in paragraph (4) or a judicial decision on the immediate appeal referred to in that paragraph is made, the electronic 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).
If the judicial decision prescribed in paragraph (2) or a judicial decision on the immediate appeal referred to in that paragraph is made, the electronic written judgment thereof must be served on the parties.
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