If a liquidating stock company regards it as necessary in preparing a draft agreement, it may seek the participation of the following creditors:
清算株式会社は、協定案の作成に当たり必要があると認めるときは、次に掲げる債権者の参加を求めることができる。
creditors that hold security interest provided for in Article 522, paragraph (2); and
第五百二十二条第二項に規定する担保権を有する債権者
creditors that hold general liens and other claims that have general priority.
一般の先取特権その他一般の優先権がある債権を有する債権者
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liquidating stock companies
「清算株式会社」
A stock company that is being wound up, which is treated as still existing for the purposes of the liquidation until the liquidation is completed.
Short name set inArticle 476, paragraph (1)
statutory lien
先取特権
A right the law itself gives certain creditors to be paid out of the debtor's property ahead of other creditors (Civil Code, Article 303). Some reach all of the debtor's property, such as a claim arising from employment (Article 306, item (ii)); others reach particular property only, such as a landlord's claim for rent and other debts under a lease of land or a building, which reaches, for land, the movables furnished to it or to a building used with it, the movables used on it and the crops or other fruits of it the tenant holds, and for a building, the movables the tenant has furnished it with (Articles 311 to 313). The Act on Land and Building Leases gives a landowner one over the tenant's building on the land for the last two years' rent that has fallen due (Article 12, paragraph (1)), which keeps its effect by the registration of the superficies or the land lease (Article 12, paragraph (2)).
Written by AI using Civil Code, Arts. 303, 306, 311, 312, 313 and Act on Land and Building Leases, Art. 12 as a reference.