The exercise of voting rights by electronic or magnetic means is effected by using electronic or magnetic means to provide the stock company with the information that is required to be entered in the voting form no later than the time prescribed by Ministry of Justice Order, with the approval of the stock company and pursuant to the provisions of Cabinet Order.
If the shareholders are the persons who have given consent under Article 299, paragraph (3), the stock company may not refuse to give the approval under the preceding paragraph without justifiable reasons.
株主が第二百九十九条第三項の承諾をした者である場合には、株式会社は、正当な理由がなければ、前項の承諾をすることを拒んではならない。
The number of the votes exercised by electronic or magnetic means pursuant to the provisions of paragraph (1) is included in the number of the votes of the shareholders who are present at the meeting.
The stock company must keep any electronic or magnetic record in which the information with which it has been provided pursuant to the provisions of paragraph (1) has been recorded at its office for the period of three months from the day of the shareholders meeting.
The shareholders may, at any time during the business hours of the stock company, request to inspect or copy anything that is used in a manner prescribed by Ministry of Justice Order to display the information recorded in an electronic or magnetic record as referred to in the preceding paragraph. In these cases, the reasons for the requests must be disclosed.
If a request specified in the preceding paragraph is made, a stock company may not refuse the request, except in cases it falls under any of the following:
株式会社は、前項の請求があったときは、次のいずれかに該当する場合を除き、これを拒むことができない。
the shareholder who made the request (hereinafter in this paragraph referred to as the "requestor") made the request for other purposes than research on securing or exercising the requestor's rights;
当該請求を行う株主(以下この項において「請求者」という。)がその権利の確保又は行使に関する調査以外の目的で請求を行ったとき。
the requestor made the request with the purpose of interfering with the execution of the operations of relevant stock company or prejudicing the common benefit of the shareholders;
請求者が当該株式会社の業務の遂行を妨げ、又は株主の共同の利益を害する目的で請求を行ったとき。
the requestor made the request in order to provide notification of facts learned by inspecting or copying anything that is used in a manner prescribed by Ministry of Justice Order to display the data recorded in the electronic or magnetic record referred to in the preceding paragraph to third parties for profit; or
the requestor is a person who has provided notification of the facts learned by inspecting or copying anything that is used in a manner prescribed by Ministry of Justice Order to display the data recorded in the electronic or magnetic record referred to in the preceding paragraph to third parties for profit in the immediately preceding two years.
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electronic or magnetic means
「電磁的方法」
A method that uses an electronic data processing system or other information and communications technology, of a kind set by Ministry of Justice Order (法務省令).
Defined inArticle 2, paragraph (1), item (xxxiv)
electronic or magnetic record
「電磁的記録」
A record made in electronic, magnetic or any other form people cannot perceive directly, of a kind that Ministry of Justice Order (法務省令) specifies as used in computer processing.
Defined inArticle 26, paragraph (2)
voting form
「議決権行使書面」
The form on which a shareholder can cast their vote in writing, which the directors must send with the notice of a shareholders meeting when they have decided that shareholders who do not attend may vote in writing.
Short name set inArticle 301, paragraph (1)· applies only in this section
requestor
「請求者」
A shareholder asking to inspect or copy the record of the votes cast electronically at a shareholders meeting, whose request the company may refuse if it is made for a purpose other than looking into how to secure or exercise their rights.
Short name set inArticle 312, paragraph (6), item (i)· applies only in this paragraph
shareholders meeting
株主総会
The meeting of a stock company's shareholders, and the body through which they decide the company's basic matters. It elects the directors and company auditors (Companies Act, Article 329, paragraph (1)) and changes the articles of incorporation (Article 466). In a company without a board of directors it may decide any matter about the company; in one with a board, only what the Act or the articles of incorporation leave to it (Article 295). An annual shareholders meeting must be called after the end of every business year, and another may be called whenever needed (Article 296). A resolution normally passes by a majority of the votes present, with holders of a majority of the votes entitled to vote attending (Article 309, paragraph (1)).
Written by AI using Companies Act, Arts. 295, 296, 309, 329, 466 as a reference.