Notwithstanding the provisions of paragraphs (2) and (4) of the preceding Article, at a shareholders meeting, the determination of the subscription requirements may be delegated to the directors by a resolution at the relevant shareholders meeting (or, for a company with board of directors, of the board of directors). In these cases, the shareholders meeting must prescribe the maximum number of the shares for subscription for which the subscription requirements may be determined under that delegation, and the minimum amount to be paid in.
If the minimum amount to be paid in in the preceding paragraph is particularly favorable to subscribers for the shares for subscription, the directors must, at the shareholders meeting under that paragraph, explain the reason for the need to solicit that persons with such an offer of the amount to be paid in.
The resolution under paragraph (1) is effective with respect only to solicitations under paragraph (1) of the preceding Article under which the date in item (iv) of that paragraph (if a period is determined under that item, the last day of the period) falls within one year from the day of relevant resolution.
For a company with class shares, if the class of the shares for subscription under paragraph (1) is that of shares with restriction on transfer, the delegation of the determination of the subscription requirements regarding relevant class shares does not become effective without a resolution at the general meeting of class shareholders constituted by the class shareholders of relevant class shares, except if there are provisions in the articles of incorporation under paragraph (4) of the preceding Article with respect to relevant class shares;provided, however, that this does not apply to cases where there is no class shareholder who can exercise voting right at relevant general meeting of class shareholders.