Companies Act

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.

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.

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.

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).

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.

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:

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.

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 paragraph 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).

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.

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".

The provisions of Articles 32 and 32-2 of the Non-Contentious Case Procedures Act do not apply to special liquidation proceedings.

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.

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 electronic 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 electronic written judgment of the order to commence special liquidation on the liquidating stock company.

An order to commence special liquidation becomes effective when the electronic 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, 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.

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.

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).

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 electronic written judgment thereof must be served on the parties.