Article 860Action Seeking Extinguishment of Right to Execute Business or Authority of Representation of Member Executing Business of a Membership Company
第八百六十条(持分会社の業務を執行する社員の業務執行権又は代表権の消滅の訴え)
If any one of the following grounds apply to a member executing the business of a membership company (hereinafter referred to as the "subject managing member" in this Article and item (ii) of the following Article), relevant membership company may demand extinguishment of the right to execute business or the authority of representation of the subject managing member by filing an action, based on a resolution adopted by a majority of the members other than the subject managing member:
when there are any of the grounds set forth in the items of the preceding Article; or
前条各号に掲げる事由があるとき。
when the member is too incompetent to execute the business of the membership company or to represent the membership company.
持分会社の業務を執行し、又は持分会社を代表することに著しく不適任なとき。
Read this with the articles around it
membership company
「持分会社」
General partnership companies, limited partnership companies and limited liability companies taken together: the three kinds of company under this Act that are owned by members rather than by shareholders.
Short name set inArticle 575, paragraph (1)
subject managing member
「対象業務執行社員」
In Article 860 and Article 861, item (ii), a member (社員) who runs the business of a membership company (持分会社), whose right to do so or to represent the company the company may, on a majority vote of the other members, ask a court to end when grounds listed in Article 860 apply.
Short name set inArticle 860, paragraph (1)· applies only in this article and in Article 861, paragraph (1), item (ii)