An action to enforce liability set forth in Article 847, paragraph (3) or (5), Article 847-2, paragraph (6) or (8), or paragraph (7) or (9) of the preceding Article is deemed as an action bringing a claim that is not on a property right as to the calculation of value of the subject matter of the suit.
第八百四十七条第三項若しくは第五項、第八百四十七条の二第六項若しくは第八項又は前条第七項若しくは第九項の責任追及等の訴えは、訴訟の目的の価額の算定については、財産権上の請求でない請求に係る訴えとみなす。
When a shareholder, etc. (meaning a qualified former shareholder or a shareholder of an ultimate, wholly owning parent company, etc.; hereinafter the same applies in this Section) files an action to enforce liability, a court may order the shareholder, etc. to provide reasonable security in response to a petition by the defendant.
When a defendant intends to file the petition set forth in the preceding paragraph, the defendant must make a prima facie showing that the plaintiff filed the action to enforce liability in bad faith.
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action to enforce liability
「責任追及等の訴え」
A lawsuit to enforce the liability of a stock company's incorporators, officers, etc. or liquidators, or to recover certain payments owed to the company, which a shareholder may demand the company bring and may bring on its behalf if it does not.
Short name set inArticle 847, paragraph (1)· applies only in this section
qualified former shareholdermachine translation
「適格旧株主」
A former shareholder (旧株主) who is entitled, under the main clause of Article 847-2, paragraph (1) or (3), to demand that a wholly owned subsidiary company resulting from the share exchange, etc. (株式交換等完全子会社) file an action to enforce the liability of its officers and others.
Defined inArticle 847-2, paragraph (9)· applies only in this section
ultimate, wholly owning parent company, etc.machine translation
「最終完全親会社等」
The company at the top of a chain of full ownership over a stock company: a wholly owning parent company, etc. of that stock company that itself has no wholly owning parent company, etc. (Article 847-3, paragraph (1)).
Defined inArticle 847-3, paragraph (1)· applies only in this section
shareholder, etc.machine translation
「株主等」
In actions to enforce the liability of a company's officers and others, the company's shareholders, its qualified former shareholders (former shareholders who, through a share exchange, share transfer or merger, received and still hold shares in a wholly owning parent company, under Article 847-2), and the shareholders of its ultimate wholly owning parent company, etc.
Defined inArticle 847-4, paragraph (2)· applies only in this section