In the cases set forth below, the stock company is deemed to have given the approval under Article 136 or Article 137, paragraph (1); provided, however, that this does not apply if otherwise provided for by the agreement between the stock company and the requester for approval of transfer:
if the stock company has failed to give notice pursuant to the provisions of Article 139, paragraph (2) within two weeks (or if any shorter period of time is provided for in the articles of incorporation, relevant shorter period of time) from the day of the request pursuant to the provisions of Article 136 or Article 137, paragraph (1);
if the stock company has failed to give notice pursuant to the provisions of Article 141, paragraph (1) within forty days (or if any shorter period of time is provided for in the articles of incorporation, relevant shorter period of time) from the day of the notice pursuant to the provisions of Article 139, paragraph (2) (except the cases where the designated purchaser gives notice pursuant to the provisions of Article 142, paragraph (1) within ten days (or if any shorter period of time is provided in the articles of incorporation, that shorter period of time) from the day of the notice pursuant to the provisions of Article 139, paragraph (2));
beyond the cases set forth in the preceding two items, the cases prescribed by Ministry of Justice Order.
前二号に掲げる場合のほか、法務省令で定める場合
Read this with the articles around it
requester for approval of transfer
「譲渡等承認請求者」
The person who has asked a company to approve the acquisition by transfer of its shares with restriction on transfer.
Short name set inArticle 139, paragraph (2)· applies only in this subsection
designated purchaser
「指定買取人」
A person a stock company designates to buy some or all of the shares with restriction on transfer whose transfer it has refused to approve.
Short name set inArticle 140, paragraph (4)· applies only in this subsection
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.