Subscribers for shares for subscription (excluding persons who tender property contributed in kind) must, on the date or within the period provided for in Article 199, paragraph (1), item (iv), pay in the entire amount to be paid in for the shares for subscription for which the subscribers respectively subscribed, at the bank, etc. designated by the stock company as the place for the handling of payments.
Subscribers for shares for subscription (limited to persons who tender property contributed in kind) must, on the date or within the period provided for in Article 199, paragraph (1), item (iv), deliver the property contributed in kind equivalent in value to the entire amount to be paid in of the shares for subscription for which the subscribers respectively subscribed.
募集株式の引受人(現物出資財産を給付する者に限る。)は、第百九十九条第一項第四号の期日又は同号の期間内に、それぞれの募集株式の払込金額の全額に相当する現物出資財産を給付しなければならない。
Subscribers for shares for subscription may not set off their obligations to effect payment under the provisions of paragraph (1) or delivery under the provisions of the preceding paragraph (hereinafter in this subsection referred to as "performance of contribution") against claims they have against the stock company.
Transferring of the right to become a shareholder of shares for subscription by effecting the performance of contribution cannot be asserted against the stock company.
A subscriber for shares for subscription will lose a right to become the shareholder of shares for subscription by effecting the performance of contribution if the subscriber fails to effect the performance of contribution.
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(Determination of Subscription Requirements)
the day or period for the payment of the monies in exchange for the shares for subscription, or the contribution of the property under the preceding item;
募集株式と引換えにする金銭の払込み又は前号の財産の給付の期日又はその期間
Open this provision(Performance of Contributions)
Subscribers for shares for subscription (excluding persons who tender property contributed in kind) must, on the date or within the period provided for in Article 199, paragraph (1), item (iv)…
募集株式の引受人(現物出資財産を給付する者を除く。)は、第百九十九条第一項第四号の期日又は同号の期間内に、株式会社が定めた銀行等の払込みの取扱いの場所において、それぞれの募集株式の払込金額の全額を払い込まなければならない。
Open this provision(Performance of Contributions)
Subscribers for shares for subscription (limited to persons who tender property contributed in kind) must, on the date or within the period provided for in Article 199, paragraph (1), item (iv)…
募集株式の引受人(現物出資財産を給付する者に限る。)は、第百九十九条第一項第四号の期日又は同号の期間内に、それぞれの募集株式の払込金額の全額に相当する現物出資財産を給付しなければならない。
Open this provisionbank, etc.machine translation
「銀行等」
A bank (a business licensed by the Prime Minister to carry on banking, as defined in Article 2, paragraph (1) of the Banking Act), a trust company, or a similar institution set by Ministry of Justice Order (法務省令), at which money for shares must be paid in when a stock company is formed.
Defined inArticle 34, paragraph (2)
shares for subscription
「募集株式」
Shares, newly issued or held by the company itself, that a stock company allots to the persons who applied for them in response to its invitation to subscribe.
Defined inArticle 199, paragraph (1)· applies only in this section
amount to be paid in for shares for subscriptionmachine translation
「募集株式の払込金額」
The amount of money to be paid in, or the value of other property to be handed over, in exchange for each share for subscription.
Defined inArticle 199, paragraph (1), item (ii)· applies only in this section
property contributed in kind
「現物出資財産」
Property other than money that subscribers for shares for subscription contribute in place of money, as the subscription requirements provide, whose value the company must generally have checked by an inspector (検査役) the court appoints.
Short name set inArticle 207, paragraph (1)· applies only in this section
performance of contribution
「出資の履行」
Paying in the money, or handing over the property other than money, that a person has undertaken to contribute in exchange for shares, whether at a company's incorporation or when subscribing for shares it offers.
Short name set inArticle 208, paragraph (3)· applies only in this subsection
assert against
対抗
To be able to rely on a right, or on a fact about it, against someone who is not a party to it. Acquiring, losing or changing a right in rem (物権) in land or a building cannot be asserted against third parties until it is registered (登記) (Civil Code, Article 177), and a registered lease of land or a building can be asserted against a person who acquires a right in rem in it, such as a buyer, and against other third parties (Article 605). The Act on Land and Building Leases lets a tenant do without registering the lease itself: a right to use land for a building (借地権) can be asserted against third parties once the tenant owns a registered building on the land (Article 10, paragraph (1)), and a building lease takes effect against anyone who later acquires a right in rem in the building, such as a new owner, once the building has been handed over (Article 31). Some rules protect only a third party who did not know: a rescission for fraud cannot be asserted against a third party who did not know of the fraud and was not careless in not knowing (善意でかつ過失がない) (Civil Code, Article 96, paragraph (3)).
Written by AI using Civil Code, Arts. 96, 177, 605 and Act on Land and Building Leases, Arts. 10, 31 as a reference.