If a shareholder exercises appraisal rights and an agreement determining the price of the shares is reached between the shareholder and the stock company, the stock company must pay that price within sixty days from the effective day.
If no agreement is reached within thirty days from the effective day on the determination of the price of the shares, the shareholders or the stock company may file a petition for the court to determine the price within thirty days after the expiration of that period.
株式の価格の決定について、効力発生日から三十日以内に協議が調わないときは、株主又は株式会社は、その期間の満了の日後三十日以内に、裁判所に対し、価格の決定の申立てをすることができる。
Notwithstanding the provisions of paragraph (7) of the preceding Article, in the cases provided for in the preceding paragraph, if the petition under that paragraph is not made within sixty days after the effective day, shareholders exercising appraisal rights may withdraw their demands for appraisal at any time after the expiration of that period.
The stock company must also pay interest on the price determined by the court at the statutory interest rate from and including the day of the expiration of the period referred to in paragraph (1).
株式会社は、裁判所の決定した価格に対する第一項の期間の満了の日後の法定利率による利息をも支払わなければならない。
A stock company may pay the amount that the stock company considers to be a fair price to shareholders until the determination of the price of shares.
株式会社は、株式の価格の決定があるまでは、株主に対し、当該株式会社が公正な価格と認める額を支払うことができる。
A share purchase connected with the exercise of appraisal rights becomes effective on the effective day.
If a shareholder exercises appraisal rights with respect to shares for which share certificates are issued, the share certificate-issuing company (meaning a stock company the articles of incorporation of which have provisions to the effect that share certificate representing its shares (or, in case of a company with class shares, shares of all classes) are issued; the same applies hereinafter) must pay the price of the shares relating to the exercise of the appraisal rights in exchange for the share certificates.
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(Dissenting Shareholders' Appraisal Rights)
Shareholders exercising appraisal rights may withdraw their demands for appraisal only with the approval of the stock company.
株式買取請求をした株主は、株式会社の承諾を得た場合に限り、その株式買取請求を撤回することができる。
Open this provision(Determination of the Price of Shares)
If a shareholder exercises appraisal rights and an agreement determining the price of the shares is reached between the shareholder and the stock company…
株式買取請求があった場合において、株式の価格の決定について、株主と株式会社との間に協議が調ったときは、株式会社は、効力発生日から六十日以内にその支払をしなければならない。
Open this provision(Determination of the Price of Shares)
If no agreement is reached within thirty days from the effective day on the determination of the price of the shares, the shareholders or the stock company may file a petition for the court to…
株式の価格の決定について、効力発生日から三十日以内に協議が調わないときは、株主又は株式会社は、その期間の満了の日後三十日以内に、裁判所に対し、価格の決定の申立てをすることができる。
Open this provisioncompany with class shares
「種類株式発行会社」
A stock company that issues two or more classes of shares with different terms on the matters listed in Article 108, paragraph (1), such as dividends of surplus or voting rights.
Defined inArticle 2, paragraph (1), item (xiii)· applies throughout the law
effective day
「効力発生日」
The day on which the corporate action in question takes effect, such as a share consolidation, business transfer, entity conversion, merger, company split, share exchange or partial share exchange.
Short name set inArticle 116, paragraph (3)· applies only in this article and in Article 117
exercise of appraisal rights
「株式買取請求」
A dissenting shareholder's demand that the company buy their shares at a fair price when it carries out a major action such as a share consolidation, a business transfer, a merger, a company split or a share exchange.
Short name set inArticle 116, paragraph (5)· applies only in this section
share certificate-issuing company
「株券発行会社」
A stock company whose articles of incorporation provide that it issues share certificates for its shares (for a company with class shares, for shares of every class).
Defined inArticle 117, paragraph (7)
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.