Article 695-2Perfection Requirements for Bonds Belonging to Trust Properties
第六百九十五条の二(信託財産に属する社債についての対抗要件等)
With regard to bonds, it may not be asserted against a bond-issuing company or other third party that the bonds belong to the trust property unless it is entered or recorded in the bond register that the bonds belong to the trust property.
If bonds held by bondholders under Article 681, item (iv) belong to the trust property, the bondholders may request the bond-issuing company to enter or record this in the bond register.
第六百八十一条第四号の社債権者は、その有する社債が信託財産に属するときは、社債発行会社に対し、その旨を社債原簿に記載し、又は記録することを請求することができる。
For the purpose of application of the provisions of Article 682, paragraph (1) and Article 690, paragraph (1) to cases where entry or record is made in the bond register pursuant to the provisions of the provisions of the preceding paragraph, "the information required to be entered in the bond register which has been entered or recorded in the bond register with respect to that bondholder" in Article 682, paragraph (1) is deemed to be replaced with "the information required to be entered in the bond register which has been entered or recorded in the bond register with respect to that bondholder (including the fact that bonds held by the bondholder belong to the trust property) and "information that is required to be entered in the bond register with respect to the bondholder referred to in that item" in Article 690, paragraph (1) is deemed to be replaced with "information that is required to be entered in the bond register with respect to the bondholder referred to in that item register (including the fact that bonds held by the bondholder belong to the trust property)".
社債原簿に前項の規定による記載又は記録がされた場合における第六百八十二条第一項及び第六百九十条第一項の規定の適用については、第六百八十二条第一項中「記録された社債原簿記載事項」とあるのは「記録された社債原簿記載事項(当該社債権者の有する社債が信託財産に属する旨を含む。)」と、第六百九十条第一項中「社債原簿記載事項」とあるのは「社債原簿記載事項(当該社債権者の有する社債が信託財産に属する旨を含む。)」とする。
The provisions of the preceding three paragraphs do not apply to bonds for which there are provisions to the effect that bond certificates are not issued.
Read this with the articles around it
bond
「社債」
A money claim against a company, arising from an allotment the company makes under this Act, that is to be repaid according to the terms set under Article 676.
Defined inArticle 2, paragraph (1), item (xxiii)· applies throughout the law
information required to be entered in the bond register
「社債原簿記載事項」
The details a company must enter in its bond register, such as the class and amount of each bond, the amount paid in for it, and the bondholder's name and address.
Short name set inArticle 681, paragraph (1)· applies only in this chapter
bond-issuing company
「社債発行会社」
The company that issued the bonds in question.
Short name set inArticle 682, paragraph (1)· applies only in this part
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.