A stock company must notify persons who intend to subscribe for share options for subscription in response to solicitation in Article 238, paragraph (1) of the matters set forth in the following items:
株式会社は、第二百三十八条第一項の募集に応じて募集新株予約権の引受けの申込みをしようとする者に対し、次に掲げる事項を通知しなければならない。
the trade name of the stock company;
株式会社の商号
if any payment is to be made when the share options are exercised, the place where payments are handled;
新株予約権の行使に際して金銭の払込みをすべきときは、払込みの取扱いの場所
beyond what is set forth in the preceding three items, any matter prescribed by Ministry of Justice Order.
前三号に掲げるもののほか、法務省令で定める事項
A person who applies to subscribe for the share options for subscription in response to solicitation in Article 238, paragraph (1) must deliver a document giving the following information:
第二百三十八条第一項の募集に応じて募集新株予約権の引受けの申込みをする者は、次に掲げる事項を記載した書面を株式会社に交付しなければならない。
the name and address of the person applying;
申込みをする者の氏名又は名称及び住所
the number of share options for subscription for which the person intends to subscribe.
引き受けようとする募集新株予約権の数
A person who applies referred to in the preceding paragraph may, in lieu of delivering a document as referred to in that paragraph, provide the information that is required to be detailed in the document referred to in that paragraph by electronic or magnetic means, with the approval of the stock company and pursuant to the provisions of Cabinet Order. In these cases, the person applying is deemed to have delivered the document under that paragraph.
The provisions of paragraph (3) do not apply in cases where the stock company has issued a prospectus provided for in Article 2, paragraph (10) of the Financial Instruments and Exchange Act that specifies the matters set forth in each item of that paragraph to the person who intends to submit the application under paragraph (1), and in other cases prescribed by Ministry of Justice Order as cases where it is unlikely that the protection of persons who intend to submit applications for subscription for share options for subscription are compromised.
If there are changes in the matters set forth in each item of paragraph (1), the stock company must immediately notify persons who have submitted applications under paragraph (2) (hereinafter in this subsection referred to as "applicants") thereof and of the matter so changed.
If share options for subscription are attached to bonds with share option, applicants (limited to those who submitted applications solely for share options for subscription) are deemed to have applied for subscription for the bonds with share option to which the share options for subscription relating to that applications are attached.
It is sufficient for a notice or demand to an applicant to be sent by the stock company to the address under paragraph (2), item (i) (or, if that applicant notifies the stock company of a different place or contact address for the receipt of notices or demands, to the place or contact address).
The notices or demands referred to in the preceding paragraph are deemed to have arrived at the time when that notice or demand should normally have arrived.
前項の通知又は催告は、その通知又は催告が通常到達すべきであった時に、到達したものとみなす。