A person seeking to provide services related to the right to demand an injunction (meaning the service of exercising the right to demand an injunction to protect the interests of a large, non-exclusive group of consumers; the collection of the necessary information on damage to consumers in order to perform that service; and services involved in collecting and providing information on the results of its exercise of the right to demand an injunction which contributes to prevention and remedy of harm to consumers; the same applies hereinafter) must be certified to do so by the Prime Minister.
A person seeking to be certified as referred to in the preceding paragraph must file an application for certification with the Prime Minister.
前項の認定を受けようとする者は、内閣総理大臣に認定の申請をしなければならない。
The Prime Minister may grant certification as referred to in paragraph (1) to a person applying for certification as referred to in the preceding paragraph only if that person meets all of the following requirements:
it is a specified non-profit corporation as provided for in Article 2, paragraph (2) of the Act on Promotion of Specified Non-profit Activities (Act No. 7 of 1998), a general incorporated association or general incorporated foundation;
特定非営利活動促進法（平成十年法律第七号）第二条第二項に規定する特定非営利活動法人又は一般社団法人若しくは一般財団法人であること。
it engages in activities such as collecting and providing information on consumer affairs, preventing and remedying harm to consumers, and other activities to protect the interests of a large, non-exclusive group of consumers as its main objective, and it is found to have been properly carrying out those activities for a reasonable period of time;
消費生活に関する情報の収集及び提供並びに消費者の被害の防止及び救済のための活動その他の不特定かつ多数の消費者の利益の擁護を図るための活動を行うことを主たる目的とし、現にその活動を相当期間にわたり継続して適正に行っていると認められること。
it has in place the proper systems and methods for implementing services related to the right to demand an injunction, the proper methods for managing and maintaining the confidentiality of information obtained in the course of those services, and other organizational frameworks and operational rules to appropriately carry out those services;
差止請求関係業務の実施に係る組織、差止請求関係業務の実施の方法、差止請求関係業務に関して知り得た情報の管理及び秘密の保持の方法その他の差止請求関係業務を適正に遂行するための体制及び業務規程が適切に整備されていること。
it meets the following requirements with regard to its directors:
その理事に関し、次に掲げる要件に適合するものであること。
it has in place a council consisting of directors to perform the decision-making functions for providing services related to the right to demand an injunction, and the decision-making process is established in the articles of incorporation in conformity with the following requirements:
差止請求関係業務の執行を決定する機関として理事をもって構成する理事会が置かれており、かつ、定款で定めるその決定の方法が次に掲げる要件に適合していると認められること。
resolutions of the council are to be adopted by a majority vote of more than half of the directors or of any larger proportion of the directors;
当該理事会の決議が理事の過半数又はこれを上回る割合以上の多数決により行われるものとされていること。
decisions on important matters concerning the execution of services related to the right to demand an injunction, such as a demand for injunction under Article 41, paragraph (1) or the filing of a lawsuit related to a demand for injunction, are not delegated to directors or other persons.
the ratio of the number of related persons (meaning the trader, a person who is an officer or employee of the trader, and other persons specified by Cabinet Office Order; the same applies in 2 below) of a specific trader (including a person that has a special relationship with that trader specified by Cabinet Office Order, such as a relationship of holding a number of shares equal to one half or more of the total number of issued shares) to the number of directors exceeds one third;
理事の数のうちに占める特定の事業者（当該事業者との間に発行済株式の総数の二分の一以上の株式の数を保有する関係その他の内閣府令で定める特別の関係のある者を含む。）の関係者（当該事業者及びその役員又は職員である者その他の内閣府令で定める者をいう。（２）において同じ。）の数の割合が三分の一を超えていること。
the ratio of the number of related persons of traders conducting business that belongs to the same type of industry (meaning a category of business specified by Cabinet Office Order) to the number of directors exceeds one half.
理事の数のうちに占める同一の業種（内閣府令で定める事業の区分をいう。）に属する事業を行う事業者の関係者の数の割合が二分の一を超えていること。
it is found to have the expert knowledge and experience necessary to properly provide services related to the right to demand an injunction, in light of the fact that it has in place a framework under which the persons set forth in (a) and (b) as follows (hereinafter collectively referred to as "expert advisors") are able to jointly provide necessary advice and opinions, based on their expert knowledge and experience, in the department that reviews the necessity of demanding an injunction and the contents thereof, or in light of any other human resources system that the person has for performing services related to the right to demand an injunction:
persons meeting the requirements prescribed by Cabinet Office Order as persons with expert knowledge and experience in providing consultations regarding complaints arising between consumers and traders (referred to as "consumer affairs consultations" in Article 40, paragraph (1)) and other consumer affairs matters;
attorneys-at-law, judicial scriveners, and other persons meeting the requirements prescribed by Cabinet Office Order as persons with expert knowledge and experience regarding laws.
弁護士、司法書士その他の法律に関する専門的な知識経験を有する者として内閣府令で定める条件に適合する者
it has a sufficient financial basis to properly provide services related to the right to demand an injunction;
差止請求関係業務を適正に遂行するに足りる経理的基礎を有すること。
if it also provides services other than services related to the right to demand an injunction, it is unlikely that those services will interfere with its provision of services related to the right to demand an injunction.
差止請求関係業務以外の業務を行う場合には、その業務を行うことによって差止請求関係業務の適正な遂行に支障を及ぼすおそれがないこと。
The operational rules mentioned in item (iii) of the preceding paragraph must set forth the way of implementing services related to the right to demand an injunction, the way of managing and maintaining the confidentiality of information obtained in the course of providing those services, and other matters prescribed by Cabinet Office Order. In this case, the way of implementing services related to the right to demand an injunction set forth in the operational rules must include measures for obtaining advice from and hearing the opinions of an expert advisor in the department responsible for the reviews provided for in item (v) of the preceding paragraph; measures for when an officer, employee, or expert advisor and the other party of the demand for an injunction have special interests, and other measures for ensuring that services are implemented fairly.
A person falling under any of the following items may not be certified pursuant to paragraph (1):
次の各号のいずれかに該当する者は、第一項の認定を受けることができない。
a corporation that has been sentenced to a fine for violating this Act, the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage, Etc. Incurred by Consumers (Act No. 96 of 2013, hereinafter referred to as the "Act on Special Measures for Court Proceedings for Consumers"), any other consumer protection law prescribed by Cabinet Order, an Order based on this Act or other laws, or measures based on the Order, if it has not been three years since the day on which the corporation completed the sentence or ceased to be subject to its enforcement;
この法律、消費者の財産的被害等の集団的な回復のための民事の裁判手続の特例に関する法律（平成二十五年法律第九十六号。以下「消費者裁判手続特例法」という。）その他消費者の利益の擁護に関する法律で政令で定めるもの若しくはこれらの法律に基づく命令の規定又はこれらの規定に基づく処分に違反して罰金の刑に処せられ、その刑の執行を終わり、又はその刑の執行を受けることがなくなった日から三年を経過しない法人
a corporation that has had its certification pursuant to paragraph (1) rescinded on the grounds set forth in the items of Article 34, paragraph (1) , or in the items of Article 92, paragraph (2) of Act on Special Measures for Court Proceedings for Consumers with respect to which it was found, pursuant to Article 34, paragraph (3), that grounds as set forth in item (iv) of that paragraph exist, and three years have not yet passed since the date of the rescission or the date grounds were found;
a corporation whose business activities are controlled by a member of an organized crime group as provided for in Article 2, item (vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) or by a person for whom five years have not yet passed since leaving an organized crime group as provided for in the same item (referred to as "current or former member of an organized crime group" in the following item and item (vi)(c));
a corporation likely to have a current or former member of an organized crime group engage in its business activities or use such a person as an assistant in the activities;
暴力団員等をその業務に従事させ、又はその業務の補助者として使用するおそれのある法人
a political organization (meaning a political organization as provided under Article 3, paragraph (1) of the Political Funds Control Act (Act No. 194 of 1948));
政治団体（政治資金規正法（昭和二十三年法律第百九十四号）第三条第一項に規定する政治団体をいう。）
a corporation with an officer falling under any of the following items from (a) to (c):
役員のうちに次のイからハまでのいずれかに該当する者のある法人
a person sentenced to imprisonment or a heavier punishment, or a person sentenced to a fine for violating this Act, Act on Special Measures for Court Proceedings for Consumers, or any other consumer protection law prescribed by Cabinet Order, an Order based on this Act or on such a law, or measures based on such an Order, if it has not yet been three years since the day on which the person completed the sentence or ceased to be subject to its enforcement;
拘禁刑以上の刑に処せられ、又はこの法律、消費者裁判手続特例法その他消費者の利益の擁護に関する法律で政令で定めるもの若しくはこれらの法律に基づく命令の規定若しくはこれらの規定に基づく処分に違反して罰金の刑に処せられ、その刑の執行を終わり、又はその刑の執行を受けることがなくなった日から三年を経過しない者
a person, during the six months prior to the rescission or finding in question, who was the officer of a qualified consumer organization that has had its certification as referred to in paragraph (1) rescinded on the grounds set forth in one of the items of Article 34, paragraph (1)of this Act, or in one of the items of Article 92, paragraph (2) of Act on Special Measures for Court Proceedings for Consumers for which there was a finding, pursuant to paragraph (3) of Article 34, that grounds as set forth in item (iv) of that paragraph exist, if three years have not yet passed since the day of the rescission or the finding;