The incorporator must notify the person who, in response to the solicitation under Article 57, paragraph (1), intends to apply to subscribe for the shares solicited at incorporation of the following matters:
the date of the certification of the articles of incorporation and the name of the notary public who effected the certification;
定款の認証の年月日及びその認証をした公証人の氏名
the matters set forth in each item of Article 27, each item of Article 28, each item of Article 32, paragraph (1) and each item of paragraph (1) of the preceding Article;
the value of the property contributed by the incorporator;
発起人が出資した財産の価額
the place designated for payment pursuant to the provisions of Article 63, paragraph (1);
第六十三条第一項の規定による払込みの取扱いの場所
beyond what is set forth in the preceding items, any other matters provided by Ministry of Justice Order.
前各号に掲げるもののほか、法務省令で定める事項
If not all of the incorporators fulfill the performance of contributions, the incorporators may not give the notice pursuant to the provisions of the preceding paragraph until after the date provided for in Article 36, paragraph (1).
A person who intends to apply to subscribe for shares solicited at incorporation in response to a solicitation under Article 57, paragraph (1) must deliver a document giving the following information to the incorporators:
the name and address of the person who intends to apply; and
申込みをする者の氏名又は名称及び住所
the number of shares solicited at incorporation that the person intends to subscribe for.
引き受けようとする設立時募集株式の数
A person who submits the application referred to in the preceding paragraph may, in lieu of delivering a document as referred to in that paragraph, provide the information that is required to be detailed in the document referred to in that paragraph by electronic or magnetic means, with the approval of the incorporators and pursuant to the provisions of Cabinet Order. In these cases, the person who submitted the application is deemed to have given a document under that paragraph.
If there are changes in the matters set forth in any item of paragraph (1), the incorporators must immediately notify persons who submitted applications under paragraph (3) (hereinafter in this Subsection referred to as "applicants") thereof and of the matters so changed.
It would be sufficient for a notice or demand to an applicant by the incorporators to be sent to the address under paragraph (3), item (i) (or, if relevant applicant notifies the incorporators of a different place or contact address for the receipt of notices or demand, to the place or contact address).
The notice or demand referred to in the preceding paragraph is deemed to have arrived at the time when that notice or demand should normally have arrived.
前項の通知又は催告は、その通知又は催告が通常到達すべきであった時に、到達したものとみなす。
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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)
performance of contributions
「出資の履行」
Paying in the money, or handing over the property other than money, that a person has undertaken to contribute in exchange for shares, whether at a company's incorporation or when subscribing for shares it offers.
Short name set inArticle 35, paragraph (1)· applies only in this chapter
shares solicited at incorporation
「設立時募集株式」
Shares issued at incorporation that are allotted to the persons who apply for them when the incorporators invite outside subscriptions.
Defined inArticle 58, paragraph (1)· applies only in this section
applicants
「申込者」
A person who has applied for shares that the incorporators solicit when a stock company is incorporated.
Short name set inArticle 59, paragraph (5)· applies only in this subsection
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.