Article 63Payment of Amount to Be Paid in for Shares Solicited at Incorporation
第六十三条(設立時募集株式の払込金額の払込み)
The subscribers for the shares solicited at incorporation must pay fully the amount to be paid in for shares solicited at incorporation for which the subscribers subscribed, at the bank, etc. designated for payment by the incorporator, no later than the date set forth in Article 58, paragraph (1), item (iii) or within the period under that item.
設立時募集株式の引受人は、第五十八条第一項第三号の期日又は同号の期間内に、発起人が定めた銀行等の払込みの取扱いの場所において、それぞれの設立時募集株式の払込金額の全額の払込みを行わなければならない。
Transferring of the right to become a holder of the shares issued at incorporation by effecting payment pursuant to the preceding paragraph may not be asserted against the stock company after formation.
If a subscriber for the shares solicited at incorporation fails to make payment pursuant to the provisions of paragraph (1), the subscriber will forfeit the right to become the holder of the shares solicited at incorporation by making relevant payment.
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(Determination of Matters Regarding Shares Solicited at Incorporation)
the date by or period during which payment is to be made of the money to be paid in in exchange for the shares solicited at incorporation;
設立時募集株式と引換えにする金銭の払込みの期日又はその期間
Open this provision(Payment of Amount to Be Paid in for Shares Solicited at Incorporation)
The subscribers for the shares solicited at incorporation must pay fully the amount to be paid in for shares solicited at incorporation for which the subscribers subscribed, at the bank…
設立時募集株式の引受人は、第五十八条第一項第三号の期日又は同号の期間内に、発起人が定めた銀行等の払込みの取扱いの場所において、それぞれの設立時募集株式の払込金額の全額の払込みを行わなければならない。
Open this provisionshares issued at incorporationmachine translation
「設立時発行株式」
The shares a stock company issues when it is formed.
Defined inArticle 25, paragraph (1), item (i)
bank, etc.machine translation
「銀行等」
A bank (a business licensed by the Prime Minister to carry on banking, as defined in Article 2, paragraph (1) of the Banking Act), a trust company, or a similar institution set by Ministry of Justice Order (法務省令), at which money for shares must be paid in when a stock company is formed.
Defined inArticle 34, paragraph (2)
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
amount to be paid in for shares solicited at incorporationmachine translation
「設立時募集株式の払込金額」
The amount of money to be paid in exchange for each share solicited at incorporation.
Defined inArticle 58, paragraph (1), item (ii)· applies only in this subsection
assert against
対抗
To be able to rely on a right, or on a fact about it, against someone who is not a party to it. Acquiring, losing or changing a right in rem (物権) in land or a building cannot be asserted against third parties until it is registered (登記) (Civil Code, Article 177), and a registered lease of land or a building can be asserted against a person who acquires a right in rem in it, such as a buyer, and against other third parties (Article 605). The Act on Land and Building Leases lets a tenant do without registering the lease itself: a right to use land for a building (借地権) can be asserted against third parties once the tenant owns a registered building on the land (Article 10, paragraph (1)), and a building lease takes effect against anyone who later acquires a right in rem in the building, such as a new owner, once the building has been handed over (Article 31). Some rules protect only a third party who did not know: a rescission for fraud cannot be asserted against a third party who did not know of the fraud and was not careless in not knowing (善意でかつ過失がない) (Civil Code, Article 96, paragraph (3)).
Written by AI using Civil Code, Arts. 96, 177, 605 and Act on Land and Building Leases, Arts. 10, 31 as a reference.