Financial Instruments and Exchange Act

If the representative of a corporation (including an organization without legal personality for which a representative or administrator has been designated; hereinafter the same applies in this paragraph and the following paragraph) or the agent, employee, or any other worker of a corporation or individual commits a violation set forth in any of the provisions of the following items in connection with the business or property of the corporation or individual, in addition to the offender being punished, the corporation is sentenced to the fine prescribed in each of those items and the individual is sentenced to the fine prescribed in the relevant Articles:

the provisions of Article 197:a fine of not more than 700 million yen;

the provisions of Article 197-2, paragraph (1) or Article 197-3:a fine of not more than 500 million yen;

the provisions of Article 198, paragraph (1) (excluding item (v)) or Article 198-3 through Article 198-5:a fine of not more than 300 million yen;

the provisions of Article 198-6 (excluding item (viii), item (ix), item (xii), item (xiii), and item (xv)) or Article 199:a fine of not more than 200 million yen;

the provisions of Article 200 (excluding item (xii)-3, item (xv)-2, item (xvii), item (xviii)-2, and item (xix)) or Article 201, item (i), item (ii), item (iv), item (vi), or items (ix) through (xi):a fine of not more than 100 million yen; and

the provisions of Article 198, paragraph (1), item (v); Article 198-6, item (viii), item (ix), item (xii), item (xiii), or item (xv); Article 200, item (xii)-3, item (xv)-2, item (xvii), item (xviii)-2, or item (xix); Article 201 (excluding item (i), item (ii), item (iv), item (vi), and items (ix) through (xi)); Articles 205 through 205-2-2; Article 205-2-3, paragraph (1); or paragraph (1) of the preceding Article:the fine prescribed in the relevant Articles.

The period of prescription for punishing a corporation or individual by a fine due to a violation referred to in Article 197, Article 197-2, paragraph (1) or Article 197-3 pursuant to the provisions of the preceding paragraph is the period of prescription for the crimes in those provisions.

If an organization without legal personality is to be punished pursuant to the provisions of paragraph (1), the representative or administrator of that organization represents the organization with regard to procedural acts, and the provisions of laws on criminal proceedings that have a corporation as the defendant or suspect apply mutatis mutandis.

If the person provided for in Article 197-2, paragraph (2), item (ii), Article 198, paragraph (2), or Article 203, paragraph (1) is a corporation, those provisions apply to the director, executive officer, or other officer or manager that executes the business of the corporation who has committed that act.

In the following cases, the officer (including a provisional board member, provisional auditor, provisional director, provisional accounting advisor, provisional company auditor, and provisional executive officer) of an authorized financial instruments firms association, financial instruments exchange, self-regulatory organization prescribed in Article 85, paragraph (1), or financial instruments exchange holding company is sentenced to a civil fine of not more than one million yen:

the officer violates an order under the provisions of Article 73 or Article 153 (including as applied mutatis mutandis pursuant to Article 153-4);

the officer fails to record the amount of capital reserves prescribed in Article 101-8;

the officer fails to give a notice under the provisions of Article 101-10, paragraph (1) or (4);

the officer fails to complete the registration under the provisions of Article 101-20, paragraph (1);

the officer violates the provisions of Article 102-31, paragraph (1) or Article 105-16, paragraph (1) in failing to keep minutes;

the officer violates the provisions of Article 105-5, paragraph (1) in failing to select a majority of the members of the self-regulatory committee from among outside directors; or

the officer fails to make the list under the provisions of Article 105-18 available for public inspection.

A person that falls under any of the following items is sentenced to a civil fine of not more than one million yen:

a person that, in violation of the provisions of Article 941 of the Companies Act as applied mutatis mutandis pursuant to Article 50-2, paragraph (10) and Article 66-40, paragraph (6), fails to request the investigation referred to in Article 941 of the Companies Act;

a person that, in violation of the provisions of Article 946, paragraph (3) of the Companies Act as applied mutatis mutandis pursuant to Article 50-2, paragraph (10) and Article 66-40, paragraph (6), fails to make a report or gives a false report;

a person that refuses the request set forth in any of the items of Article 951, paragraph (2) or Article 955, paragraph (2) of the Companies Act as applied mutatis mutandis pursuant to Article 50-2, paragraph (10) and Article 66-40, paragraph (6), without just cause; or

a person that refuses to allow the inspection or copying prescribed in Article 102-31, paragraph (2) or Article 105-16, paragraph (2) or (3) (including as applied mutatis mutandis pursuant to paragraph (4) of that Article), without just cause.