Financial Instruments and Exchange Act

In any of the following cases, the representative or officer of an issuer of securities, a financial instruments business operator, etc., specified major shareholder of a financial instruments business operator, designated parent company, notifier of specially permitted services, notifier of specially permitted services for foreign investors, etc., financial instruments intermediary service provider, high-speed trader, or investment management-related services contractor; a financial instruments business operator that is an individual, individual who is a specified major shareholder of a financial instruments business operator, notifier of specially permitted services that is an individual, notifier of specially permitted services for foreign investors, etc. that is an individual, financial instruments intermediary service provider that is an individual, high-speed trader that is an individual, or investment management-related services contractor that is an individual; the domestic representative of a financial instruments business operator that is a foreign corporation, person that has obtained permission under Article 59, authorized firm for on-exchange transactions, business operator authorized to conduct electronic over-the-counter derivatives transactions, etc., notifier of specially permitted services that is a foreign corporation, notifier of specially permitted services for foreign investors, etc. that is a foreign corporation, high-speed trader that is a foreign corporation, or investment management-related services contractor that is a foreign corporation; the officer of a credit rating agency (including the representative or administrator of an organization without legal personality for which a representative or administrator has been designated); the domestic representative of a credit rating agency that is a foreign corporation (including an organization without legal personality for which a representative or administrator has been designated); the officer (including a provisional board member) or the former representative of an authorized financial instruments firms association or the certified financial instruments business association prescribed in Article 78, paragraph (2); the officer (including a provisional board member or provisional inspector) or liquidator of an investor protection fund; the officer (including a provisional board member, provisional director, or provisional executive officer), former representative, or liquidator of a financial instruments exchange or the self-regulatory organization prescribed in Article 85, paragraph (1); the domestic representative or former domestic representative of a foreign financial instruments exchange; the representative or officer of a financial instruments clearing organization; the domestic representative of a foreign financial instruments clearing organization; the representative or officer of a securities finance company; the officer of the designated dispute resolution organization prescribed in Article 156-38, paragraph (1) (including the representative or administrator of an organization without legal personality for which a representative or administrator has been designated); the officer of a trade repository (including the representative or administrator of an organization without legal personality for which a representative or administrator has been designated); the officer of a specified financial index administrator (including the representative or administrator of an organization without legal personality for which a representative or administrator has been designated); or a specified financial index administrator that is an individual is sentenced to a civil fine of 300,000 yen or less:

the person violates the provisions of Article 4, paragraph (5) (including as applied mutatis mutandis pursuant to Article 23-8, paragraph (4)); Article 44-4 (including as applied mutatis mutandis pursuant to Article 59-6); Article 79-26, paragraph (2); Article 79-73; Article 119, paragraph (1) or (4); or Article 161-2, paragraph (1);

the person fails to submit a confirmation letter under the provisions of Article 24-4-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (4) of that Article) and paragraph (4) of that Article as these provisions are applied mutatis mutandis pursuant to Article 27) or an amended confirmation letter under the provisions of Article 9, paragraph (1) or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-4-3, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27) following the deemed replacement of terms;

the person, in violation of an order under Article 31-2, paragraph (4), fails to make a deposit;

the person, in violation of Article 31-4, paragraph (1) or (2), Article 64-7, paragraph (5) (including as applied mutatis mutandis pursuant to Article 66-25), the second sentence of Article 67-8, paragraph (3), Article 67-16, Article 77-6, paragraph (3), Article 105, paragraph (2), Article 120, Article 128, Article 134, paragraph (2), Article 135, paragraph (2), the second sentence of Article 149, paragraph (2) (including as applied mutatis mutandis pursuant to Article 153-4), Article 155-8, paragraph (2), or Article 156-12-3, paragraph (2), fails to give a notification;

the person violates an order under the provisions of Article 32-2, paragraph (2), Article 51, Article 51-2, Article 53, paragraph (1), Article 57-6, paragraph (1), Article 57-19, Article 57-21, paragraph (1) or (4), Article 60-8, paragraph (1) (including as applied mutatis mutandis pursuant to Article 60-14, paragraph (2); hereinafter the same applies in this item), Article 63-5, paragraph (1) (including as applied mutatis mutandis pursuant to Article 63-3, paragraph (2)), Article 63-13, paragraph (1) (including as applied mutatis mutandis pursuant to Article 63-11, paragraph (2)), Article 66-20, paragraph (1), Article 66-41, Article 66-62, Article 66-84, Article 79-37, paragraph (5), Article 79-75, Article 156-16, Article 156-20-13, Article 156-33, paragraph (1), Article 156-81, or Article 156-90, paragraph (1) (if this is an order referred to in Article 57-6, paragraph (1), Article 60-8, paragraph (1), or Article 66-20, paragraph (1), excluding a disposition for the suspension of business);

the person violates the provisions of Article 40-2, paragraph (4) or (5) in failing to provide the information prescribed in those provisions;

the person fails to make a public announcement under the provisions of Article 40-7, paragraph (2) (including as applied mutatis mutandis pursuant to Article 60-14, paragraph (2)) or makes a false public announcement;

the person, in violation of the provisions of Article 46-5, Article 48-3, or Article 49-4 does not set aside reserves or uses them;

the person, in violation of Article 49-5, does not possess the assets in Japan;

the person, in violation of Article 67-18 or Article 78-3, fails to make a report;

the person, in violation of Article 67-19, Article 78-4, or Article 130, fails to give a notice or make a disclosure;

the person, in violation of Article 67-20, Article 78-5, Article 79-41, paragraph (3), Article 79-53, paragraph (2), or Article 131, paragraph (1), fails to make a report or gives a false report;

the person fails to make the list under the provisions of Article 68, paragraph (6), Article 78-2, paragraph (2), or Article 156-53 available for public inspection;

the person fails to obtain authorization, in a case that requires the person to obtain the authorization of the Prime Minister and the Minister of Finance pursuant to the provisions of Chapter IV-2;

the person does not file a notification under Article 79-34, paragraph (3) or files a false notification;

the person conducts business other than that prescribed in Article 79-49 paragraph (1);

the person fails to submit a document provided for in Article 79-70, paragraph (1) or (2), or submits a false document;

the person violates the provisions of Article 79-71 in their accounting;

the person violates the provisions Article 79-80, paragraph (1) in disposing of the residual assets of an investor protection fund;

the person makes a false statement or conceals a fact from the members of an organizational meeting or a general meeting of the members of a financial instruments membership corporation;

the person violates the provisions of Article 88-11 (including as applied mutatis mutandis pursuant to Article 102-6), Article 101-3, paragraph (1), Article 101-5, paragraph (1), Article 139-3, paragraph (1), Article 139-4, paragraph (1) or (9), Article 139-5, paragraph (1), Article 139-6, paragraph (4), Article 139-7, paragraph (1), Article 139-13, paragraph (2), Article 139-14, paragraph (1), or Article 139-21, paragraph (2) in failing to keep a document, written document, or electronic or magnetic record specified in those provisions, or enters or records a false statement in it;

the person, in violation of Article 100-12, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to Article 102-36), Article 100-14, paragraph (1) (including as applied mutatis mutandis pursuant to Article 102-36), Article 101-4, paragraph (2) (including as applied mutatis mutandis pursuant to Article 139-3, paragraph (6), Article 139-4, paragraph (5), and Article 139-5, paragraph (6)), Article 139-3, paragraph (10), Article 139-10, paragraph (1), Article 139-12, paragraph (2) (including as applied mutatis mutandis pursuant to Article 139-19), or Article 139-16, paragraph (1), or the provisions of the Companies Act as applied mutatis mutandis pursuant to this Act, fails to give public notice or a notice, or gives a false public notice or a notice;

the person, in violation of Article 100-7, paragraph (2) or Article 100-14, paragraph (1) (including as applied mutatis mutandis pursuant to Article 102-36), fails to file a petition to commence bankruptcy proceedings;

the person violates Article 664 of the Companies Act as applied mutatis mutandis pursuant to Article 100-17, paragraph (1) of this Act in distributing the assets of a financial instruments membership corporation;

the person violates the provisions of Article 101-2 in implementing procedures for entity conversion;

the person, in violation of Article 101-3, paragraph (2), Article 101-5, paragraph (2), Article 139-3, paragraph (2), Article 139-4, paragraph (10), Article 139-5, paragraph (2), Article 139-6, paragraph (5), Article 139-7, paragraph (2), Article 139-13, paragraph (3), Article 139-14, paragraph (2), or Article 139-21, paragraph (3), refuses to allow the inspection of a document or a thing that displays the particulars that have been recorded in an electronic or magnetic record through a means specified by Cabinet Office Order, to deliver a certified copy or extract, to provide a person with the particulars that have been recorded in electronic or magnetic records by electronic or magnetic means, or to deliver a written document that states those particulars, without just cause;

the person violates the provisions of Article 101-4 (including as applied mutatis mutandis pursuant to Article 139-3, paragraph (6), Article 139-4, paragraph (5), and Article 139-5, paragraph (6)), or Article 139-12 (including as applied mutatis mutandis pursuant to Article 139-19) in implementing an entity conversion or a merger of an incorporated association-operated financial instruments exchange;

the person fails to make the disclosure under the provisions of Article 156-66, paragraph (1), or makes a false disclosure;

the person, in violation of the provisions of Article 156-69, becomes the representative of a corporation, engages in the day-to-day business of a corporation, or conducts business, without obtaining the authorization of the Prime Minister; or

the person fails to complete a registration (excluding one under the provisions of Article 101-20, paragraph (1)) prescribed in this Act.