A company with board of company auditors must keep the minutes referred to in paragraph (2) of the preceding Article at its head office for the period of ten years from the day of the board of company auditors meeting.
If it is necessary for the purpose of exercising the rights of a shareholder of a company with board of company auditors, the relevant shareholder may, with the permission of the court, make the following requests:
監査役会設置会社の株主は、その権利を行使するため必要があるときは、裁判所の許可を得て、次に掲げる請求をすることができる。
if the minutes under the preceding paragraph are prepared in writing, requests for inspection or copying of the documents; and
前項の議事録が書面をもって作成されているときは、当該書面の閲覧又は謄写の請求
if the minutes under the preceding paragraph have been prepared as an electronic or magnetic record, a request to inspect or copy anything that is used in a manner prescribed by Ministry of Justice Order to display the information recorded in that electronic or magnetic record.
The provisions of the preceding paragraph apply mutatis mutandis to the cases where it is necessary for the purpose of enforcing the liability of officers by a creditor of a company with company auditor and to the cases where it is necessary for the purpose of exercising the rights of a member of the parent company.
If the court finds that the inspection or copying relating to the requests under paragraph (2) (including the case of the mutatis mutandis application under the preceding paragraph; hereinafter the same applies in this paragraph) is likely to cause substantial detriment to relevant company with board of company auditors or its parent company or subsidiary company, the court may not grant the permission under paragraph (2).
subsidiary company
「子会社」
A stock company in which a company holds a majority of the votes, or any other corporation whose management a company controls, as set out by Ministry of Justice Order (法務省令).
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
parent company
「親会社」
A company that has a stock company as its subsidiary company, or any other corporation that controls a stock company's management, as set out by Ministry of Justice Order (法務省令).
Defined inArticle 2, paragraph (1), item (iv)· applies throughout the law
company with board of company auditors
「監査役会設置会社」
A stock company that has a board of company auditors, or that this Act requires to have one.
Defined inArticle 2, paragraph (1), item (x)· applies throughout the law
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)
member of the parent companymachine translation
「親会社社員」
A shareholder or other member of a company's parent company, who may, with the court's permission, inspect records of the subsidiary where needed to exercise their rights.
Defined inArticle 31, paragraph (3)
officermachine translation
「役員」
The directors, accounting advisors and company auditors of a stock company, as listed in Article 329, paragraph (1).
Defined inArticle 329, paragraph (1)· applies only in this section and in Article 371, paragraph (4); and Article 394, paragraph (3)