Changes by (Act No. 53 of 2023)
If a prima facie showing is made that any one of the following documents, etc. include a part (hereinafter referred to as a "detrimental part") where inspection or copying thereof, delivery of the original or a transcript or an extract thereof, or reproduction thereof (hereinafter referred to as "inspection, etc." in this Article) by interested parties is likely to cause considerable detriment to the implementation of liquidation of the liquidating stock company, the court may, in response to a petition from the liquidating stock company that submitted relevant documents, etc. or by an investigator, limit the persons who are able to request inspection, etc. of the detrimental part to the person who has filed relevant petition and the liquidating stock company:
documents, etc. relating to a report under the provisions of Article 520 or a report of the results of the investigation prescribed in Article 522, paragraph (1); or
第五百二十条の規定による報告又は第五百二十二条第一項に規定する調査の結果の報告に係る文書等
documents, etc. submitted to the court for obtaining the permission set forth in Article 535, paragraph (1) or Article 536, paragraph (1).
第五百三十五条第一項又は第五百三十六条第一項の許可を得るために裁判所に提出された文書等
When the petition referred to in the preceding paragraph is filed, interested parties (excluding the person who has filed the petition referred to in that paragraph and the liquidating stock company; the same applies in the following paragraph) may not request inspection, etc. of the detrimental part until the judicial decision on the petition becomes final and binding.
An interested party who intends to request inspection, etc. of the detrimental part may file a petition for revocation of the ruling under the provisions of paragraph (1) with the special liquidation court on the basis that the requirements prescribed in that paragraph are not satisfied or are no longer satisfied.
An immediate appeal may be entered against a ruling to dismiss the petition referred to in paragraph (1) or against a judicial decision relating to the petition referred to in the preceding paragraph.
A ruling to revoke the ruling under the provisions of paragraph (1) does not become effective until it is final and binding.
第一項の規定による決定を取り消す決定は、確定しなければその効力を生じない。
Read this with the articles around it
liquidating stock companies
「清算株式会社」
A stock company that is being wound up, which is treated as still existing for the purposes of the liquidation until the liquidation is completed.
Short name set inArticle 476, paragraph (1)
special liquidation court
「特別清算裁判所」
The district court before which a liquidating stock company's special liquidation case is pending, which also takes over the court matters of its ordinary liquidation.
Short name set inArticle 880, paragraph (1)· applies only in this section
documents, etc.
「文書等」
In Article 886 and Article 887, paragraph (1), documents and other items submitted to or made by the court in liquidation and special liquidation (特別清算) cases under the provisions listed there, which an interested person may ask the court clerk to let them inspect.
Short name set inArticle 886, paragraph (1)· applies only in this article and in Article 887, paragraph (1)
detrimental partmachine translation
「支障部分」
The part of documents filed in a special liquidation whose inspection or copying by interested persons would seriously hinder the liquidation, and to which the court may therefore restrict access.
Short name set inArticle 887, paragraph (1)· applies only in this article
inspection, etc.machine translation
「閲覧等」
In Article 887, inspecting or copying the reports and other documents, etc. (文書等) submitted to the court in a special liquidation (特別清算) that the Article lists, or obtaining their original, a transcript or an extract, or a reproduction of them.
Short name set inArticle 887, paragraph (1)· applies only in this article