Financial Instruments and Exchange Act

If the Prime Minister is required to issue one or more decisions pursuantthe decision referred to in paragraph (1) (but only if limited to a case where the Prime Minister finds to have occurred any of the following: a fact set forth in Article 178, paragraph (1), item (iv) or (xi) ii) that falls under Article 172-2, paragraph (1) (including as applied mutatis mutandis pursuant to have occurred)paragraph (4) of that Article; hereinafter the same applies in this paragraph); a fact set forth in Article 178, paragraph (61), item (iv) that falls under Article 172-4, paragraph (7)1) or (2); a fact set forth in Article 178, paragraph (101), item (vii); a fact set forth in Article 178, paragraph (111), or the preceding two paragraphs (but only if the Prime Minister finds the item (x) that falls under Article 172-10, paragraph (1); a fact set forth in Article 178, paragraph (1), item (xi); a fact set forth in Article 178, paragraph (1), item (iv)xi)-2; or (xi) a fact set forth in Article 178, paragraph (1), item (xvi) that falls under Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to have occurredparagraph (9) of that Article); hereinafter the same applies in this paragraph), and a final and binding judicial decision for the same case imposes a fine on or the decision referred to in paragraph (6), (7), (12), or (13) (in the case where the respondent, in lieu of Prime Minister finds to have occurred the amount specified fact set forth in Article 172-4178, paragraph (1) or (2) (, item (xvi) that falls under Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (39) of that Article; hereinafter the same applies in this paragraph), ), this is limited to a case where the purchase and sale, etc. prescribed in Article 172-11166, paragraph (1), or involving that fact is an acquisition of own shares by the listed company, etc. prescribed in Article 185-7175, paragraph (6), (7), (10), (11) 9) pursuant to the provisions of Article 156, paragraph (1) of the Companies Act (including as applied pursuant to the provisions of Article 163 and Article 165, paragraph (3) of that Act following the deemed replacement of terms) or a foreign law or regulation that is equivalent to those provisions, or any other case specified by Cabinet Office Order as being equivalent to this), and a person set forth in Column 1 of the preceding two paragraphs, following table has reported the fact to the Prime Minister pursuant to the provisions of Cabinet Office Order before the disposition set forth in Column 3 of that table is carried out with regard to the fact that falls under the provisions set forth in Column 2 of that table, in lieu of the amount set forth in Column 4 of that table, the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when thethat amount specified is multiplied by 50 percent. Column 1 Column 2 Column 3 Column 4 An issuer prescribed in item (ii) is deducted from Article 172-2, paragraph (1) Article 172-2, paragraph (1) Any of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 26, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or the amount specified dispositions set forth in item (i), and the items of Article 177, paragraph (1) The amount under Article 172-2, paragraph (1) (where the difference decision under paragraph (1) is then proportionally divided required with regard to the submission of two or more disclosure documents for offerings (meaning the disclosure documents for offerings prescribed in parallel paragraph (3) of that Article; hereinafter the same applies in this paragraph) or with regard to a secondary distribution pertaining to prospectuses, limited to the amount calculated pertaining to the submission of the disclosure document for each decision in respect offerings, or the secondary distribution pertaining to a prospectus, for which the commencement of the facts subject submission or the secondary distribution is the latest) An issuer prescribed in Article 172-4, paragraph (1) or (2) Article 172-4, paragraph (1) or (2) Any of an order to those onesubmit reports or more decisions, materials or an inspection of books, documents, and other articles under Article 26, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or the dispositions set forth in the items of Article 177, paragraph (1) The amount under the provisions of Cabinet Office Order; provided, however, that unless Article 172-4, paragraph (1) or (2) or the provisions of Article 185-7, paragraph (6) or (7) (where the decision under paragraph (1), (6), or (7) is required with regard to the submission of two or more annual securities reports, etc. or semiannual securities or extraordinary reports, etc., limited to the amount specified pertaining to the latest such submission of an annual securities report, etc. or semiannual securities or extraordinary report, etc.) A person prescribed in item (i) exceeds Article 172-7 Article 172-7 Either an order to submit reports or materials under Article 27-30, paragraph (1) or an inspection of books, documents, and other articles The amount under Article 172-7 (where the decision under paragraph (1) is required with regard to two or more statements of large-volume holdings or changes, limited to the amount specified pertaining to the statement of large-volume holdings or changes whose submission deadline is the latest) An issuer prescribed in item (ii), the Prime Minister may not issue Article 172-10, paragraph (1) Article 172-10, paragraph (1) Any of an order to submit reports or materials or an administrative monetary penalty payment order inspection of books, documents, and other articles under Article 172-427-35, paragraph (1), or (2), the dispositions set forth in the items of Article 177, paragraph (1) The amount under Article 172-10, paragraph (1) (where the decision under paragraph (1) is required with regard to the provision or publication of two or more pieces of specified information on securities, etc., limited to the amount pertaining to the latest such provision or publication) An issuer prescribed in Article 172-11, paragraph (1), Article 172-11, paragraph (1) Any of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 27-35, paragraph (1), or the dispositions set forth in the items of Article 177, paragraph (1) The amount under the provisions of Article 172-11, paragraph (1) or the provisions of Article 185-7, paragraph (6)12) or (13) (where the decision under paragraph (1), (712), (10), (11) or (13) is required with regard to the provision or publication of two or more pieces of information on the issuer, etc., limited to the amount pertaining to the latest such provision or publication) A specified involved person prescribed in Article 172-12, paragraph (1) Article 172-12, paragraph (1) (excluding the case where a person set forth in item (ii) of that paragraph has submitted the documents specified in that item) Any of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 26, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or the preceding dispositions set forth in the items of Article 177, paragraph (1) The amount under Article 172-12, paragraph (1) A person prescribed in Article 175, paragraph (1) or a listed company, etc. prescribed in paragraph (9) of that Article Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article) Any of the dispositions set forth in the items of Article 177, paragraph (1) The amount under Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article) (where the decision under paragraph (1) is required with regard to two paragraphs:or more purchases and sales, etc. prescribed in Article 166, paragraph (1), limited to the amount pertaining to the latest such purchase and sale, etc.)

the sum total of the amounts calculated pursuant to the provisions of Article 172-4, paragraph (1) or (2), Article 172-11, paragraph (1), or Article 185-7, paragraph (6), (7), (10), (11), or the preceding two paragraphs, in respect of the facts subject to those one or more decisions;

the amount of the fine.

In the case referred to in paragraph (1) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), items (xii) through (xvi) to have occurred), paragraph (14) of that Article (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), items (xii) through (xvi) to have occurred; hereinafter the same applies in this paragraph), or in paragraph (15) of that Article (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), items (xii) through (xvi) to have occurred; hereinafter the same applies in this paragraph), if the final and binding judicial decision in the same case imposes on the respondent a confiscation of the properties set forth in the items of Article 198-2, paragraph (1) or the collection of the value of the properties set forth in the items of Article 198-2, paragraph (1), in lieu of the amount set forth in Article 173, paragraph (1), Article 174, paragraph (1), Article 174-2, paragraph (1), Article 174-3, paragraph (1), or Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article) or paragraph (2) of that Article, or Article 185-7, paragraph (14) or (15), the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount after the amount equivalent to the properties set forth in the items of Article 198-2, paragraph (1) whose confiscation is ordered in that judicial decision, or the amount equivalent to the value of the properties set forth in the items of Article 198-2, paragraph (1) whose collection is ordered in that judicial decision (or, if both the confiscation of the properties set forth in the items of Article 198-2, paragraph (1) and the collection of the value of the properties set forth in the items of Article 198-2, paragraph (1) are ordered in that judicial decision, this means the sum total of the amount equivalent to the properties set forth in the items of Article 198-2, paragraph (1) whose confiscation is ordered in that judicial decision and the amount equivalent to the values of the properties set forth in the items of Article 198-2, paragraph (1) whose collection is ordered in that judicial decision; hereinafter referred to as the "amount equivalent to confiscated properties, etc." in this paragraph), is deducted from the relevant of those amounts; provided, however, that unless the amount set forth in Article 173, paragraph (1), Article 174, paragraph (1), Article 174-2, paragraph (1), Article 174-3, paragraph (1), Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article) or paragraph (2) of that Article, or Article 185-7, paragraph (14) or (15) exceeds the amount equivalent to confiscated properties, etc., the Prime Minister may not issue an administrative monetary penalty payment order under those provisions.If the Prime Minister is required to issue the decision referred to in paragraph (1) (excluding a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv)-2 to have occurred), paragraph (2), paragraphs (4) through (7), paragraph (10), or paragraph (12) through the preceding paragraph, and the person subject to the decision that is set forth in the left column of the following table was, within five years counting back from the date set forth in the middle column of that table, subject to an administrative monetary penalty payment order as provided in Article 185-15, paragraph (1) (excluding a decision under paragraph (1) (limited to a case where the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (iv)-2 to have occurred), paragraph (8), or paragraph (9)) (if, in connection with that administrative monetary penalty payment order, the action referred to in Article 185-18, paragraph (1) has been filed, this is limited to a case where the judicial decision on that action has become final and binding) or to a decision as provided in paragraph (20) (limited to a decision to the effect that paragraph (3), the proviso to paragraph (5), the proviso to paragraph (7), paragraph (11), the proviso to paragraph (13), the proviso to the following paragraph, or the proviso to paragraph (19) applies), in lieu of the amount set forth in the provisions specified in the right-hand column of that table, the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to 150 percent of that amount. A person prescribed in Article 172, paragraph (1) the day on which any of the following was commenced: the public offering or secondary distribution of securities for which a notification under Article 4, paragraph (1) is required, the general solicitation involving securities acquired by a qualified institutional investor for which a notification under Article 4, paragraph (2) is required, or the general solicitation, etc. involving securities acquired by a professional investor, etc. for which a notification under Article 4, paragraph (3) is required Article 172, paragraph (1) or Article 185-7, paragraph (2) An issuer prescribed in Article 172, paragraph (2) or a person prescribed in that paragraph the day on which, in violation of the provisions of Article 15, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), the securities prescribed in that paragraph were caused to be acquired or were sold through a public offering or a secondary distribution prescribed in Article 172, paragraph (2) Article 172, paragraph (2) or Article 185-7, paragraph (2) A person prescribed in Article 172, paragraph (3) the day on which, in violation of the provisions of Article 15, paragraph (2) (including as applied mutatis mutandis pursuant to Article 27), securities were sold through a secondary distribution prescribed in Article 172, paragraph (3) without delivering a prospectus Article 172, paragraph (3) An issuer prescribed in Article 172, paragraph (4) or a person prescribed in that paragraph the day on which, in violation of the provisions of Article 23-8, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), the securities prescribed in that paragraph were caused to be acquired or were sold through a public offering or a secondary distribution prescribed in Article 172, paragraph (2) Article 172, paragraph (2) as applied mutatis mutandis pursuant to Article 172, paragraph (4) An issuer prescribed in Article 172-2, paragraph (1) or its officer, etc. prescribed in paragraph (2) of that Article the day on which a disclosure document for offerings prescribed in Article 172-2, paragraph (3) that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated was submitted Article 172-2, paragraph (1) or (2), or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (ii) that falls under Article 172-2, paragraph (1) to have occurred) An issuer prescribed in Article 172-2, paragraph (4) or its officer, etc. prescribed in paragraph (2) of that Article the day on which the secondary distribution prescribed in Article 172, paragraph (3) pertaining to a prospectus that contains a false statement about a material particular prescribed in Article 172-2, paragraph (4) or omits a statement as to a material particular prescribed in that paragraph that is required to be stated was commenced Article 172-2, paragraph (1) as applied mutatis mutandis pursuant to paragraph (4) of that Article, Article 172-2, paragraph (2) as applied mutatis mutandis pursuant to paragraph (5) of that Article, or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (ii) that falls under Article 172-2, paragraph (1) as applied mutatis mutandis pursuant to paragraph (4) of that Article to have occurred) An issuer prescribed in Article 172-2, paragraph (6) the day on which securities were caused to be acquired or were sold through a public offering or a secondary distribution prescribed in Article 172, paragraph (2) without submitting an amended offering disclosure document Article 172-2, paragraph (6) An issuer prescribed in the paragraphs of Article 172-3 the respective submission deadlines for the annual securities report or the semiannual securities report (for the annual securities report under Article 24, paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article, and these provisions including as applied mutatis mutandis pursuant to Article 27), the day on which the grounds arose on which that annual securities report must be submitted) Article 172-3, paragraph (1) or (2), or Article 185-7, paragraph (4) or (5) An issuer prescribed in Article 172-4, paragraph (1) or (2) the respective days of submission of the annual securities report, etc. or the semiannual securities or extraordinary report, etc. that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated Article 172-4, paragraph (1) or (2), or Article 185-7, paragraph (6) or (7), or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) to have occurred) An issuer prescribed in Article 172-4, paragraph (3) the day on which the grounds arose on which an extraordinary report must be submitted Article 172-4, paragraph (2) as applied mutatis mutandis pursuant to paragraph (3) of that Article, or Article 185-7, paragraph (6) or (7) A person prescribed in Article 172-5 the day on which, in violation of the provisions of Article 27-3, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2)), a purchase, etc. prescribed in Article 27-2, paragraph (1) or Article 27-22-2, paragraph (1) of the share certificates, etc. prescribed in Article 27-2, paragraph (1) or of listed share certificates, etc. was made without giving a public notice of the commencement of a tender offer Article 172-5 A person prescribed in Article 172-6, paragraph (1) the day on which a public notice of the commencement of a tender offer, etc. that contains a false indication of a material particular or omits an indication of a material particular that is required to be indicated was given, or the day on which a tender offer statement, etc. that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated was submitted Article 172-6, paragraph (1) or Article 185-7, paragraph (10) A person prescribed in Article 172-6, paragraph (2) the submission deadline for the amended tender offer statement, etc. (for an amended statement under Article 27-8, paragraph (2) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2)) or an amendment report under Article 27-8, paragraph (2) as applied mutatis mutandis pursuant to Article 27-10, paragraph (12), the day on which the grounds arose on which each of those documents must be submitted) Article 172-6, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article, or Article 185-7, paragraph (10) A person prescribed in Article 172-7 the submission deadline for the statement of large-volume holdings or changes Article 172-7 or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (vii) to have occurred) A person prescribed in Article 172-8 the day on which a statement of large-volume holdings or changes, etc. that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated was submitted Article 172-8 A person prescribed in Article 172-9 the day on which the specified solicitation, etc. was commenced Article 172-9 An issuer prescribed in Article 172-10, paragraph (1) or its officer, etc. prescribed in Article 172-2, paragraph (2) the day on which specified information on securities, etc. that contains a falsehood, etc. was provided or publicized Article 172-10, paragraph (1) or (2), or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (x) to have occurred) An issuer prescribed in Article 172-11, paragraph (1) the day on which information on the issuer, etc. that contains a falsehood, etc. was provided or publicized Article 172-11, paragraph (1), or Article 185-7, paragraph (12) or (13), or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi) to have occurred) A specified involved person prescribed in Article 172-12, paragraph (1) the day on which the specified involvement act prescribed in Article 172-12, paragraph (2) was commenced Article 172-12, paragraph (1) or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi)-2 to have occurred) A violator prescribed in Article 173, paragraph (1) the day on which the violation prescribed in Article 173, paragraph (1) was commenced Article 173, paragraph (1) A violator prescribed in Article 174, paragraph (1) the day on which the violation prescribed in Article 174, paragraph (1) was commenced Article 174, paragraph (1) A violator prescribed in Article 174-2, paragraph (1) the day on which the violation prescribed in Article 174-2, paragraph (1) was commenced Article 174-2, paragraph (1) A violator prescribed in Article 174-3, paragraph (1) the day on which the violation prescribed in Article 174-3, paragraph (1) was commenced Article 174-3, paragraph (1) A person prescribed in Article 175, paragraph (1), a person prescribed in paragraph (2) of that Article, or a listed company, etc. prescribed in paragraph (9) of that Article the day on which the purchase and sale, etc. prescribed in Article 166, paragraph (1) was conducted, or the day on which the purchase, etc. of the specified share certificates, etc. or related share certificates, etc. prescribed in Article 167, paragraph (1), or the sale, etc. of the share certificates, etc. prescribed in that paragraph, was conducted Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article) or paragraph (2) of that Article, or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xvi) to have occurred) A violator prescribed in Article 175-2, paragraph (1), a violator prescribed in paragraph (2) of that Article, a listed company, etc. prescribed in paragraph (13) of that Article, or a tender offeror, etc. prescribed in paragraph (14) of that Article the day on which the violation prescribed in Article 175-2, paragraph (1) or (2), or the specified act of providing information, etc. prescribed in paragraph (13) or (14) of that Article, was conducted Article 175-2, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (13) of that Article) or paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (14) of that Article), or Article 185-7, paragraph (14) or (15)

If, after the conclusion of trial procedures, Prime Minister is required to issue one or more decisions pursuant to paragraph (1) (but only if the Prime Minister finds nothe fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have occurred that falls under an item of ), paragraph (6), paragraph (7), paragraph (12), paragraph (13), or the preceding two paragraphs (but only if the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have occurred; hereinafter the same applies in a this paragraph), and a final and binding judicial decision for the same case to which imposes a fine on the respondent, in lieu of the amount specified in Article 172-4, paragraph (3), 1) or (2) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article; hereinafter the proviso to same applies in this paragraph (5), Article 172-11, paragraph (1), the proviso toor Article 185-7, paragraph (6), (7), paragraph (9)(12), (13) or the preceding two paragraphs, the proviso Prime Minister must issue an order for the relevant person to paragraph (11), pay an administrative monetary penalty to the national treasury that is equivalent to the amount arrived at when the amount specified in item (ii) is deducted from the proviso to paragraph (16amount specified in item (i), orand the proviso difference is then proportionally divided in parallel with the amount calculated for each decision in respect of the facts subject to those one or more decisions, pursuant to the preceding paragraph is applicable, provisions of Cabinet Office Order; provided, however, that unless the amount specified in item (i) exceeds the amount specified in item (ii), the Prime Minister must may not issue a decision that gives a clear indication of this.an administrative monetary penalty payment order under Article 172-4, paragraph (1) or (2), Article 172-11, paragraph (1), or Article 185-7, paragraph (6), (7), (12), (13) or the preceding two paragraphs:

the sum total of the amounts calculated pursuant to the provisions of Article 172-4, paragraph (1) or (2), Article 172-11, paragraph (1), or Article 185-7, paragraph (6), (7), (12), (13), or the preceding two paragraphs, in respect of the facts subject to those one or more decisions;

the amount of the fine.

A decision In the case referred to in paragraphsparagraph (1), (2 (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), (4items (xii) through (8), and (10) xvi) to have occurred), paragraph (16) (but only if the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (xvi) to have occurred; hereinafter the preceding same applies in this paragraph must be issued based on ), or paragraph (17) (but only if the draft Prime Minister finds a fact set forth in Article 178, paragraph (1), items (xii) through (xvi) to have occurred; hereinafter the same applies in this paragraph), if the final and binding judicial decision submitted by a trial examiner pursuant to in the same case imposes on the respondent a confiscation of the properties set forth in the provisionsitems of Article 198-2, paragraph (1) or the preceding collection of the value of the properties set forth in the items of Article. In this case, 198-2, paragraph (1), in lieu of the amount set forth in Article 173, paragraph (1), Article 174, paragraph (1), Article 174-2, paragraph (1), Article 174-3, paragraph (1), or Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article) or paragraph (2) of that Article, or Article 185-7, paragraph (16) or (17), the Prime Minister must, as provided by Cabinet Office Order, record issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount after the amount equivalent to the properties set forth in the items of Article 198-2, paragraph (1) whose confiscation is ordered in that judicial decision, or the electronic or magnetic record pertaining amount equivalent to the value of the properties set forth in the items of Article 198-2, paragraph (1) whose collection is ordered in that judicial decision (or, if both the confiscation of the properties set forth in the items of Article 198-2, paragraph (1) and the collection of the value of the properties set forth in the items of Article 198-2, paragraph (1) are ordered in that judicial decision, this means the sum of the amount equivalent to the properties set forth in the items of Article 198-2, paragraph (1) whose confiscation is ordered in that judicial decision and the amount equivalent to the value of the properties set forth in the fileitems of Article 198-2, paragraph (1) whose collection is ordered in that judicial decision; hereinafter referred to as the "amount equivalent to confiscated properties, etc." in this paragraph), is deducted from the relevant of those amounts; provided, however, that unless the amount set forth in Article 173, paragraph (1), Article 174, paragraph (1), Article 174-2, paragraph (1), Article 174-3, paragraph (1), or Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article) or paragraph (2) of that Article, or Article 185-7, paragraph (16) or (17) exceeds the amount equivalent to confiscated properties, etc., the Prime Minister may not order payment of an administrative monetary penalty under those provisions.

The electronic or magnetic record pertaining toIf, after the conclusion of trial procedures, the decision prescribed in the preceding paragraph must record the facts found by the Prime Minister and the application of laws and regulationsPrime Minister finds no fact to have occurred that falls under an item of Article 178, paragraph (1), or in a case to those facts (for a decision underwhich paragraph (3), the proviso to paragraph (15), (2the proviso to paragraph (7), (4) through (8the proviso to paragraph (9), paragraph (11), or (10) through (17the proviso to paragraph (13), the proviso to paragraph (18), includingor the basis forproviso to the calculation of preceding paragraph is applicable, the administrative monetary penalty and the due date Prime Minister must issue a decision that gives a clear indication of payment)this.

The due date of payment asA decision referred to in the preceding paragraph is the day on which two months have elapsed since the date on which, with regard to the electronic or magnetic record provided for in that paragraph (limited to one for a decision under paragraphs (1), (2), (4) through (810), and (10) through (17)), a document under the provisions of Article 185-10-2 is issued or a notice under 12) to the preceding paragraph must be issued based on the draft decision submitted by a trial examiner pursuant to the provisions of the preceding Article 109-2, paragraph (1), main text of the Code of Civil Procedure as applied mutatis mutandis pursuant. In this case, the Prime Minister must, as provided by Cabinet Office Order, record the electronic or magnetic record pertaining to Article 185-10 is issuedthat decision in the file.

A The electronic or magnetic record pertaining to the decision provided prescribed in the preceding paragraph must record the facts found by the Prime Minister and the application of laws and regulations to those facts (for in a decision under paragraph (19) becomes effective1), (2), (4) through (10), or (12) through (19), including the service ofbasis for the electronic or magnetic record related to calculation of the administrative monetary penalty and the decision on the respondentdue date of payment).

Notwithstanding the provisions of the preceding paragraph, if, at the timeThe due date of the decisionpayment as referred to in paragraph (1) (limited to a decision connected with Article 178, paragraph (1), item (iv) or (xi)) or a decision as referredthe preceding paragraph is the day on which two months have elapsed since the date on which, with regard to in paragraph (6), paragraph (7), paragraph (10), paragraph (11),the electronic or magnetic record provided for in that paragraph (14) (but only if the Prime Minister findslimited to one for a fact set forth in Article 178, paragraphdecision under paragraphs (1), item (iv) or (xi) to have occurred(2), or paragraph (15) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1(4) through (10), item (iv) or (xi) to have occurredand (12) through (19)), prosecution has been instituted fora document under the same case and that caseprovisions of Article 185-10-2 is still pending before the court, the decision comes into effect once the judicial decision in that case becomes final and binding; provided, however, that if the final and binding judicial decision in that case imposesissued or a fine onnotice under the person subject to the decision, the decision comes into effect onceprovisions of Article 109-2, paragraph (1), main text of the electronic or magnetic record concerning a disposition for changes under the provisions of paragraph (6) of the followingCode of Civil Procedure as applied mutatis mutandis pursuant to Article 185-10 is servedissued.

Notwithstanding the provisions of paragraph (22), if, at the time of the decision referred to in paragraph (1) (limited to a decision connected with any of Article 178, paragraph (1), items (xii) through (xvi)), paragraph (14) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), items (xii) through (xvi) to have occurred) and paragraph (15) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), items (xii) through (xvi) to have occurred), prosecution has been instituted for the same case and that case is still pending before the court, the decision comes into effect once the judicialA decision in that case becomes final and binding; provided, however, that if the final and binding judicial decision in that case imposes the confiscation of the properties set forth for in the items of Article 198-2, paragraph (1) or the collection of the value of the properties set forth in21) becomes effective through the itemsservice of Article 198-2, paragraph (1) against the person subject to the decision, the decision comes into effect once the electronic or magnetic record concerning a disposition for changes under paragraph (7) ofrelated to the following Article is serveddecision on the respondent.

The Notwithstanding the provisions of the main clause preceding paragraph, if, at the time of the decision referred to in paragraph (23) and the main clause of the preceding paragraph do not apply if the electronic1) (limited to a decision connected with Article 178, paragraph (1), item (iv) or (xi)) or magnetic record a decision as referred to in respect of paragraph (6), paragraph (7), paragraph (12), paragraph (13), paragraph (16) (but only if the decision referred to Prime Minister finds a fact set forth in paragraphs Article 178, paragraph (1), (6), (7), (10), (11item (iv) or (xi) to have occurred), or paragraph (17) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), (14item (iv) or (15) xi) to have occurred), prosecution has been instituted for the same case and that case is not served as of still pending before the court, the time decision comes into effect once the judicial decision in the samethat case becomes final and binding; provided, however, that if the final and binding judicial decision in that case imposes a fine on the person subject to the decision, the decision comes into effect once the electronic or magnetic record concerning a disposition for changes under the provisions of paragraph (6) of the following Article is served.

The provisions ofNotwithstanding the proviso toprovisions of paragraph (23) do not apply24), if the electronic or magnetic record in respect, at the time of the decision referred to in paragraph (1) (limited to a decision connected with any of Article 178, paragraph (1), item (iv) or (xi)), paragraph (6), paragraph (7), paragraph (10), paragraph (11items (xii) through (xvi)), paragraph (1416) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), item (iv) or (xiitems (xii) through (xvi) to have occurred) orand paragraph (1517) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), item (iv) or (xiitems (xii) through (xvi) to have occurred) , prosecution has been instituted for the same case and that case is not served as of still pending before the court, the time decision comes into effect once the judicial decision in that case becomes final and binding; provided, however, that if the final and binding judicial decision in that case imposes the confiscation of the properties set forth in the items of Article 198-2, paragraph (1) or the collection of the value of the properties set forth in the items of Article 198-2, paragraph (1) against the person subject to the decision, the decision comes into effect once the electronic or magnetic record concerning a disposition for changes under paragraph (67) of the following Article is served.

The provisions of the proviso to main clause of paragraph (24) 25) and the main clause of the preceding paragraph do not apply if the electronic or magnetic record in respect of the decision referred to in paragraphparagraphs (1) (limited to a decision connected with Article 178, paragraph (1, (6), items (xii) through (xvi)(7), paragraph (14) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1(12), (13), items (xii) through (xvi) to have occurred),(16) or paragraph (15) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), items (xii) through (xvi) to have occurred(17) is not served as of the time that the electronic or magnetic record concerning a disposition for changes under paragraph (7) of the following Article is servedjudicial decision in the same case becomes final and binding.

Notwithstanding theThe provisions of the proviso to paragraph (21), 25) do not apply if the electronic or magnetic record in respect of the casedecision referred to in the main clause of paragraph (1) (limited to a decision connected with Article 178, paragraph (23) 1), item (iv) or the main clause of (xi)), paragraph (6), paragraph (7), paragraph (2412), the due date for paragraph (13), paragraph (16) (but only if the payment of an administrative monetary penalty is the day on which two months Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have elapsed since the day on which occurred) or paragraph (17) (but only if the judicial decision Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have occurred) is not served as of the case becomes final and bindingtime that the electronic or magnetic record concerning a disposition for changes under paragraph (6) of the following Article is served.

Notwithstanding theThe provisions of the proviso to paragraph (21), in 26) do not apply if the case referred to electronic or magnetic record in respect of the proviso decision referred to in paragraph (23) or the proviso to 1) (limited to a decision connected with Article 178, paragraph (241), the due date for the payment of an administrative monetary penalty is the day on which two months have elapsed since the day on which, with regard items (xii) through (xvi)), paragraph (16) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), items (xii) through (xvi) to the electronichave occurred), or magnetic record concerning a disposition for changes under the provisions paragraph (17) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (6) or (7) of the following Article, a document under the provisions1), items (xii) through (xvi) to have occurred) is not served as of Article 185-10-2 is dispatched the time that the electronic or a notice under the provisions of Article 109-2,magnetic record concerning a disposition for changes under paragraph (1), main text 7) of the Code of Civil Procedure as applied mutatis mutandis pursuant tofollowing Article 185-10 is dispatchedserved.

IfNotwithstanding the amountprovisions of an administrative monetary penalty calculated pursuantparagraph (23), in the case referred to in the provisions main clause of paragraph (2), paragraphs (4) through (825) or the main clause of paragraph (26), and paragraphs (10) through (16), includes the due date for the payment of an amount that administrative monetary penalty is less than one yen, the day on which two months have elapsed since the amount is rounded down to day on which the judicial decision in the nearest one yencase becomes final and binding.

The term "business year subject to disclosure" as used Notwithstanding the provisions of paragraph (23), in the case referred to in paragraphs (4) through (7the proviso to paragraph (25) or the proviso to paragraph (26), and paragraphs (10) and (11) meansthe due date for the payment of an administrative monetary penalty is the day on which two months have elapsed since the day on which, with regard to the electronic or magnetic record concerning a disposition for changes under the provisions of paragraph (6) or (7) of the business year specified in following Article, a document under the relevantprovisions of Article 185-10-2 is dispatched or a notice under the following items for provisions of Article 109-2, paragraph (1), main text of the categoryCode of documents or information set forth in that item:Civil Procedure as applied mutatis mutandis pursuant to Article 185-10 is dispatched.

an annual securities report or accompanying document under Article 24, paragraph (1) or (3) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article, and also including as applied mutatis mutandis pursuant to Article 27) or Article 24, paragraph (6) (including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or any amended report in connection with the same:the business year of the annual securities report or accompanying document;

a semiannual securities report under Article 24-5, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article, and also including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-5, paragraph (5) (including as applied mutatis mutandis pursuant to Article 27) or any amended report in connection with the same:the business year that includes the period to which that semiannual securities report pertains;

an extraordinary report under Article 24-5, paragraph (4) (including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-5, paragraph (5) (including as applied mutatis mutandis pursuant to Article 27) or any amended report in connection with the same:the business year that includes the day on which the extraordinary report was submitted; and

the information on the issuer or any amended information on the issuer in connection with the same:the business year for the relevant information on the issuer.

If the amount of an administrative monetary penalty calculated pursuant to the provisions of paragraph (2), paragraphs (4) through (10), and paragraphs (12) through (18), includes an amount that is less than one yen, the amount is rounded down to the nearest one yen.

The term "business year subject to disclosure" as used in paragraphs (4) through (7), and paragraphs (12) and (13) means the business year specified in the relevant of the following items for the category of documents or information set forth in that item:

an annual securities report or accompanying document under Article 24, paragraph (1) or (3) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article, and also including as applied mutatis mutandis pursuant to Article 27) or Article 24, paragraph (6) (including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or any amended report in connection with the same:the business year of the annual securities report or accompanying document;

a semiannual securities report under Article 24-5, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article, and also including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-5, paragraph (5) (including as applied mutatis mutandis pursuant to Article 27) or any amended report in connection with the same:the business year that includes the period to which that semiannual securities report pertains;

an extraordinary report under Article 24-5, paragraph (4) (including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-5, paragraph (5) (including as applied mutatis mutandis pursuant to Article 27) or any amended report in connection with the same:the business year that includes the day on which the extraordinary report was submitted; and

the information on the issuer or any amended information on the issuer in connection with the same:the business year for the relevant information on the issuer.

If, after the decision referred to in paragraph (1) of the preceding Article (limited to a decision connected with Article 178, paragraph (1), item (iv) or (xi), or items (xii) through (xvi); hereinafter the same applies in paragraphs (4), (5), (8), and (11)) or the decision referred to in Article 185-7, paragraph (6), (7), (1012), (1113), or (1416) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv), (xi), or (xvi) to have occurred; the same applies in paragraphs (4), (5), (8), and (11) of this Article), or Article 185-7, paragraph (1517) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi), or items (xii) through (xvi) to have occurred; the same applies in paragraphs (4), (5), (8), and (11) of this Article) is reached and before the due date for payment in connection with that decision, prosecution is instituted against the person subject to that decision in connection with the same case, the Prime Minister must suspend the validity of the decision until the judicial decision in the same case becomes final and binding; provided, however, that this does not apply if the administrative monetary penalty under that decision has already been paid in full.

If the validity of the decision referred to in paragraph (1) of the preceding Article (limited to a decision connected with Article 178, paragraph (1), item (iv) or (xi); hereinafter the same applies in paragraph (6)) or the validity of the decision referred to in Article 185-7, paragraph (6), (7), (1012), (1113), or (1416) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have occurred; the same applies in paragraph (6) of this Article), or Article 185-7, paragraph (1517) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have occurred; the same applies in paragraph (6) of this Article) is suspended pursuant to the main clause of the preceding paragraph, and the final and binding judicial decision in the case imposes a fine on the person subject to that decision, the Prime Minister must suspend the validity of the decision until the electronic or magnetic record concerning a disposition for changes under paragraph (6) is served.

If the validity of the decision referred to in Article 185-7, paragraph (1) (limited to a decision connected with any of Article 178, paragraph (1), items (xii) through (xvi); the same applies in paragraph (7) of this Article), Article 185-7, paragraph (1416) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xvi) to have occurred; the same applies in paragraph (7) of this Article), or Article 185-7, paragraph (1517) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), items (xii) through (xvi) to have occurred; the same applies in paragraph (7) of this Article) is suspended pursuant to the main clause of paragraph (1), and the final and binding judicial decision in the case imposes a confiscation of the properties set forth in the items of Article 198-2, paragraph (1) or the collection of the value of the properties set forth in the items of Article 198-2, paragraph (1) against the person subject to the decision, the Prime Minister must suspend the validity of the decision until the electronic or magnetic record concerning a disposition for changes under paragraph (7) is served.

Notwithstanding the provisions of paragraph (2123) of the preceding Article, if the validity of the decision referred to in paragraph (1), (6), (7), (1012), (1113), (1416) or (1517) of that Article is suspended pursuant to the provisions of paragraph (1), the due date for the administrative monetary penalty payment is the day on which two months have elapsed since the day that the judicial decision in the case becomes final and binding.

Notwithstanding the provisions of paragraph (2123) of the preceding Article and the preceding paragraph, if the validity of the decision referred to in paragraph (1), (6), (7), (1012), (1113), (1416) or (1517) of that Article is suspended pursuant to the provisions of paragraph (2) or (3) of this Article, the due date for the payment of an administrative monetary penalty is the day on which two months have elapsed since the day that, with regard to the electronic or magnetic record concerning a disposition for changes under the following paragraph or paragraph (7), a document under the provisions of Article 185-10-2 is dispatched or a notice under the provisions of Article 109-2, paragraph (1), main text of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 185-10 is dispatched.

After the issuance of the decision referred to in paragraph (1) of the preceding Article or the decision referred to in paragraph (6), (7), (1012), (1113), (1416) or (1517) of that Article, if a final and binding judicial decision in the same case imposes a fine on the person subject to the decision, the Prime Minister must change the amount of the administrative monetary penalty subject to the decision, from the amount under those provisions to the amount equivalent to what is arrived at when the amount set forth in item (ii) is deducted from the amount set forth in item (i), and the difference is divided proportionally in parallel to the amount of the administrative monetary penalty subject to the decision, pursuant to the provisions of Cabinet Office Order; provided however, that this does not apply unless the amount set forth in item (i) exceeds the amount set forth in item (ii):

After the decision referred to in paragraph (1), (1416), or (1517) of the preceding Article, if the final and binding judicial decision in the same case imposes a confiscation of the properties set forth in the items of Article 198-2, paragraph (1) or the collection of the value of the properties set forth in the items of Article 198-2, paragraph (1) against the person subject to the decision, the Prime Minister must change the amount of the administrative monetary penalty subject to the decision referred to in paragraph (1), (1416), or (1517) of the preceding Article, to the amount arrived at when the amount set forth in item (ii) is deducted from the amount set forth in item (i); provided, however, this does not apply unless the amount set forth in item (i) exceeds the amount set forth in item (ii):

the amount specified in the provisions of Article 173, paragraph (1), Article 174, paragraph (1), Article 174-2, paragraph (1), Article 174-3, paragraph (1), Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article) or paragraph (2) of that Article, or Article 185-7, paragraph (1416) or (1517);

In a case as referred to in the proviso to paragraph (6) or the proviso to the preceding paragraph, the Prime Minister must rescind the decision referred to in paragraph (1), (6), (7),(10 (12), (1113), (1416) or (1517) of the preceding Article.

Prescription of a claim involvingfor an administrative monetary penalty does not run while the validity of the decision referred to in paragraph (1), paragraph (6), paragraph (7), paragraph (1012), paragraph (1113), paragraph (1416), or paragraph (1517) of the preceding Article is suspended pursuant to the provisions of paragraphs (1) through (3).

Service under the provisions of Article 185-7, paragraph (2224) and Article 185-8, paragraph (10) is made, notwithstanding the provisions of Article 109 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding Article, by means of either a document stating the particulars recorded in the electronic or magnetic record pertaining to the decision prescribed in Article 185-7, paragraph (1921) or the electronic or magnetic record pertaining to a disposition for changes under Article 185-8, paragraph (6) or (7), the content of which a staff member who handles the affairs of trial procedures has certified, by the method specified by Cabinet Office Order, to be identical to the particulars recorded in those electronic or magnetic records, or the method under the provisions of the main text of Article 109-2, paragraph (1) of that Act as applied mutatis mutandis pursuant to the preceding Article (limited to a case in which service may be made under that paragraph).

delivering a document stating all or part of the particulars recorded in the electronic or magnetic record pertaining to the decision prescribed in Article 185-7, paragraph (1921), the content of which a staff member who handles the affairs of trial procedures has certified, by the method specified by Cabinet Office Order, to be identical to those particulars, or providing an electronic or magnetic record that records all or part of the particulars recorded in the electronic or magnetic record pertaining to the decision prescribed in that paragraph, the content of which a staff member who handles the affairs of trial procedures has certified, by the method specified by Cabinet Office Order, to be identical to those particulars, by the method of recording it, using an electronic data processing system specified by Cabinet Office Order, in a file stored on a computer used by that person, or by any other method specified by Cabinet Office Order.

If a person that is issued a demand pursuant to paragraph (1) of the preceding Article fails to pay the amount that person is required to pay by the designated due date, a decision under Article 185-7, paragraphs (1), (2), (4) through (810), and (1012) through (1719) (including a decision following a modificationchange under Article 185-8, paragraph (6) or (7); hereinafter referred to as an "administrative monetary penalty payment order" in this Article and the following Article) is executed by order of the Prime Minister. This order has the same effect as that of an enforceable title of obligation.

An action to rescind a decision under Article 185-7, paragraphs (1), (2), (4) through (810), and (1012) through (1719) must be filed within 30 days from the day on which the decision becomes valid.