A stock company may increase the amount of its stated capital by reducing the amount of its surplus. In these cases, the following matters must be decided:
株式会社は、剰余金の額を減少して、資本金の額を増加することができる。この場合においては、次に掲げる事項を定めなければならない。
the amount by which the surplus is reduced;
減少する剰余金の額
the day on which the increase in the amount of stated capital takes effect.
資本金の額の増加がその効力を生ずる日
Decisions on the matters set forth in each of the items of the preceding paragraph must be made by a resolution at a shareholders meeting.
前項各号に掲げる事項の決定は、株主総会の決議によらなければならない。
The amount under paragraph (1), item (i) may not exceed the amount of surplus as at the day under item (ii) of that paragraph.
Read this with the articles around it
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.