Notwithstanding the provisions of Article 325-3, paragraph (1), if measures for electronic provision are interrupted (meaning instances where information that was made available to shareholders is no longer made available or the information is modified after it is made available (excluding corrections made pursuant to the provisions of item (vii) of that paragraph), the same applies hereinafter in this Article) during the electronic provision measures period, in cases falling under all of the following items, relevant interruption of measures for electronic provision does not have an impact on the effectiveness of those measures for electronic provision.
第三百二十五条の三第一項の規定にかかわらず、電子提供措置期間中に電子提供措置の中断（株主が提供を受けることができる状態に置かれた情報がその状態に置かれないこととなったこと又は当該情報がその状態に置かれた後改変されたこと（同項第七号の規定により修正されたことを除く。）をいう。以下この条において同じ。）が生じた場合において、次の各号のいずれにも該当するときは、その電子提供措置の中断は、当該電子提供措置の効力に影響を及ぼさない。
if the stock company acted in good faith and without gross negligence in relation to the occurrence of interruption of the measures for electronic provision or the stock company has justifiable grounds;
電子提供措置の中断が生ずることにつき株式会社が善意でかつ重大な過失がないこと又は株式会社に正当な事由があること。
if the aggregate time when measures for electronic provision were interruption does not exceed one-tenth the electronic provision measures period;
if the interruption of measures for electronic provision occurred during the period from the electronic measures provision commencement date to the day of the shareholders meeting and the aggregate time when measures for electronic provision were interrupted during that period does not exceed one-tenth that period;
If promptly after learning of the occurrence of the interruption of measures for electronic provision, the stock company took measures for electronic provision regarding the fact of the occurrence of the interruption of measures for electronic provision, the time of the interruption of the measures for electronic provision, and details of the interruption of the measures for electronic provision along with those measures for electronic provision.
Read this with the articles around it
measures for electronic provisionmachine translation
「電子提供措置」
Putting the materials for a shareholders meeting (株主総会) online, by a method set by Ministry of Justice Order (法務省令), so that shareholders can obtain them by electronic means, which a company may choose through its articles of incorporation.
Defined inArticle 325-2, paragraph (1)· applies only in this subsection and in Article 911, paragraph (3), item (xii-2); and Article 976, paragraph (1), item (xix)
electronic provision measures period
「電子提供措置期間」
The period during which a company must keep its shareholders meeting materials posted online: from three weeks before the meeting, or the day the notice of the meeting is sent if earlier, until three months after the meeting.
Short name set inArticle 325-3, paragraph (1)· applies only in this subsection
electronic provision measures commencement date
「電子提供措置開始日」
The day from which a company must post its shareholders meeting materials online: three weeks before the meeting, or the day the notice of the meeting is sent if that is earlier.
Short name set inArticle 325-3, paragraph (1)· applies only in this subsection
interruption of electronic provision measuresmachine translation
「電子提供措置の中断」
In Article 325-6, a break in a company's online posting of the materials for a shareholders' meeting during the period it must keep them posted: the information stops being available to shareholders, or is changed after posting other than by a correction made openly under Article 325-3, paragraph (1), item (vii).
Defined inArticle 325-6, paragraph (1)· applies only in this article
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.