Chapter IV Financial Instruments Firms Associations (Articles 79-4 to 79-19)
The law as Act Partially Amending the Financial Instruments and Exchange Act and the Payment Services Act (Act No. 64 of 2026) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 79-4第七十九条の四
Submission of Reports and On-Site Inspections（報告の徴取及び立入検査）
Article 79-4, paragraph (1)（報告の徴取及び立入検査）(Submission of Reports and On-Site Inspections)Changed
When the Prime Minister finds it to be necessary and appropriate in the public interest or for the protection of investors, the Prime Minister may order a certified association or the person that a certified association has entrusted with its business (including a person that has received entrustment from the person (including entrustment at two or more degrees of separation from the original entrustment); hereinafter the same applies in this Article), to submit reports or materials that should serve as a reference with regard to the business or assets of the certified association or person, and may have the relevant officials enter the office of a certified association or the person that a certified association has entrusted with its business to inspect the state of its business or assets or its books, documents, and any other articles (but may only have the relevant officials inspect the person that a certified association has entrusted with its business as is necessary in connection with the business or assets of the certified association) or to question the relevant persons (but may only have the relevant officials question the person that a certified Associationassociation has entrusted with its business as is necessary in connection with the business or assets of the certified association).
For the purpose of promoting the smooth implementation of the provisions of this Section, the Prime Minister, pursuant to the provisions of Cabinet Office Order, may have a certified association submit materials or make notifications as prescribed in the relevant provisions of this Section, or provide cooperation with regard to other necessary particulars.
Issuance of Supervision Orders against Certified Associations（認定協会に対する監督命令）
Article 79-6, paragraph (1)
If the Prime Minister finds that improvement is needed in connection with the business operations of a certified association, the Prime Minister, within the scope that is necessary for the implementation of the provisions of this Section, may order the certified association to take measures that are necessary for this improvement.
If the Prime Minister finds a certified association's business operations to be in violation of this Act, an order that is based on this Act, or a disposition that is based on this Act or on such an order, the Prime Minister may rescind its recognition or order the suspension of all or part of the business during a fixed period of no longer than six months.
Purpose and Services of Certified Investor Protection Organizations（認定投資者保護団体の目的及び業務）
Article 79-7, paragraph (1)
A corporation (including an organization without legal personality for which a representative or administrator has been designated, and excluding an authorized association or a certified association; hereinafter the same applies in item (iii), (b) of the following Article) that seeks to provide the services set forth in each of the following items with the aim of ensuring fair and smooth purchase and sales and other transactions of securities and of ensuring fair and smooth derivatives transactions, etc. as well as contributing to the sound development of the financial instruments business and to the protection of investors, may obtain the certification of the Prime Minister:
resolution of complaints about financial instruments business that a financial instruments business operator or a financial instruments intermediary service provider engages in;
金融商品取引業者又は金融商品仲介業者の行う金融商品取引業に対する苦情の解決
Article 79-7, paragraph (1), item (ii)
mediation in the event of a dispute about financial instruments business that a financial instruments business operator or a financial instruments intermediary service provider engages in; and
金融商品取引業者又は金融商品仲介業者の行う金融商品取引業に争いがある場合のあつせん
Article 79-7, paragraph (1), item (iii)
services beyond what is set forth in the preceding two items, which contribute to the sound development of the financial instruments business and to the protection of investors.
前二号に掲げるもののほか、金融商品取引業の健全な発展又は投資者の保護に資する業務
Article 79-7, paragraph (2)
A person seeking to obtain the certification referred to in the preceding paragraph must file an application with the Prime Minister pursuant to the provisions of Cabinet Order.
Upon granting the certification referred to in paragraph (1), the Prime Minister must issue public notice of this.
内閣総理大臣は、第一項の認定をしたときは、その旨を公示しなければならない。
Article 79-8第七十九条の八
Ineligibility（欠格事項）
Article 79-8, paragraph (1)
A person that falls under any of the following items may not obtain the certification referred to in paragraph (1) of the preceding Article:
次の各号のいずれかに該当する者は、前条第一項の認定を受けることができない。
Article 79-8, paragraph (1), item (i)
a person that has been sentenced pursuant to any provisions of this Act, if two years have not yet passed since the day on which the person finished serving that sentence or ceased to be subject to its enforcement;
a person whose certification has been rescinded pursuant to Article 79-19, paragraph (1), if two years have not yet passed since the date of the rescission; or
第七十九条の十九第一項の規定により認定を取り消され、その取消しの日から二年を経過しない者
Article 79-8, paragraph (1), item (iii)
a person that has a person falling under any of the following as an officer that conducts its business (including the representative or administrator of an organization without legal personality for which a representative or administrator has been designated; hereinafter the same applies in this Article):
a person that has been sentenced to imprisonment or a heavier punishment or that has been sentenced pursuant to any provisions of this Act, if two years have not yet passed since the day on which the person finished serving that sentence or ceased to be subject to its enforcement; or
a person that, during the 30 days prior to the date of rescission, was the officer of a corporation whose certification has been rescinded pursuant to Article 79-19, paragraph (1), if two years have not yet passed since the date of the rescission.
The Prime Minister must not grant a certification unless the Prime Minister finds that an application under Article 79-7, paragraph (2) conforms to all of the following items:
the applicant has established the necessary methods of business implementation for it to perform the services set forth in the items of Article 79-7, paragraph (1) properly and reliably;
the applicant has the necessary knowledge, ability, and financial basis for it to perform the services set forth in the items of Article 79-7, paragraph (1) properly and reliably; and
if a person provides services other than what is set forth in any of the items of Article 79-7, paragraph (1), its provision of those services is unlikely to cause any unfairness in the services set forth in that item.
Notification of the Discontinuation of Services（業務廃止の届出）
Article 79-10, paragraph (1)
If a person that has received the certification referred to in Article 79-7, paragraph (1) (hereinafter referred to as the "certified investor protection organization" in paragraph (1) of the following Article) seeks to discontinue the services to which that certification pertains (hereinafter referred to as "certified services" in this Section), that person must notify the Prime Minister of this in advance, pursuant to the provisions of Cabinet Order.
If a notification under the provisions of the preceding paragraph is filed, the Prime Minister must issue public notice of this.
内閣総理大臣は、前項の規定による届出があつたときは、その旨を公示しなければならない。
Article 79-11第七十九条の十一
Covered Operators（対象事業者）
Article 79-11, paragraph (1)
A certified investor protection organization (hereinafter referred to as a "certified organization" in this Section) must have the financial instruments business operators and financial instruments intermediary service providers that are its constituent members, as well as financial instruments business operators and financial instruments intermediary service providers that agree to be covered by its certified services and any other person specified by Cabinet Office Order, as its covered business operators (meaning financial instruments business operators, financial instruments intermediary service providers, and any other person specified by Cabinet Office Order, that are covered by the services of the certified organization; hereinafter the same applies in this Section).
A certified organization must make a list of the covered business operators available for public inspection.
認定団体は、対象事業者の名簿を公衆の縦覧に供しなければならない。
Article 79-12第七十九条の十二
Complaint Processing by Certified Organizations（認定団体による苦情の処理）
Article 79-12, paragraph (1)
The provisions of Article 77 apply mutatis mutandis when a certified organization works to resolve complaints from investors (limited complaints involving covered operators). In this case, in that Article, the term "association member or financial instruments intermediary service provider" is deemed to be replaced with "covered operators prescribed in Article 79-11, paragraph (1)".
The provisions of Article 77-2, paragraphs (1) through (3) and paragraphs (5) through (9) apply mutatis when a certified organization engages in mediation (limited to mediation involving covered operators). In this case, in paragraph (1) of that Article, the phrase "association member or financial instruments intermediary service provider" is deemed to be replaced with "covered operator as prescribed in Article 79-11, paragraph (1)" and the term "derivatives transactions, etc." is deemed to be replaced with "derivatives transactions, etc. (including transactions incidental to these and any other transactions specified by Cabinet Office Order)"; and in paragraph (5) of that Article, the phrase "association member or financial instruments intermediary service provider" is deemed to be replaced with "covered operator as prescribed in Article 79-11, paragraph (1)".
Mutatis Mutandis Application of the Duty of Confidentiality of the Officers and Employees（役職員の秘密保持義務等の準用）
Article 79-14, paragraph (1)
The provisions of Article 72 apply mutatis mutandis to the officers and employees of a certified organization, and to any person that has held any of these positions.
第七十二条の規定は、認定団体の役員若しくは職員又はこれらの職にあつた者について準用する。
Article 79-15第七十九条の十五
Restriction on the Use of Names（名称の使用制限）
Article 79-15, paragraph (1)
A person that is not a certified organization must not use a name that refers to it as a certified investor protection organization, and must not use any other name that is confusingly similar to this.
認定団体でない者は、認定投資者保護団体という名称又はこれに紛らわしい名称を用いてはならない。
Article 79-16第七十九条の十六
Collection of Reports（報告の徴取）
Article 79-16, paragraph (1)
The Prime Minister may have a certified organization submit a report about its certified services, within the scope that this is necessary for implementing the provisions in this Section.
A certified organization must endeavor to prepare and publish guidelines that are in line with the purport of the provisions of this Act, with regard to the content of contracts for financial instruments transactions by covered operators, the nature of asset management by covered operators, and particulars that are otherwise necessary for ensuring the protection of investors (hereinafter referred to as "investor protection guidelines"), in order to ensure the sound development of the financial instruments business and the protection of investors.
Once a certified organization publishes investor protection guidelines pursuant to the preceding paragraph, it must endeavor to provide the covered operators with the necessary guidance and recommendations, and take other measures for having the covered operators comply with the investor protection guidelines.
A certified organization must endeavor to further the sound development of the financial instruments business and the protection of investors through the dissemination of financial knowledge and through educational and publicity campaigns.
The Prime Minister may order a certified organization to improve the implementation methods of its certified services, to change the investor protection guidelines, and to take any other necessary measures, within the scope that this is necessary for implementing the provisions in this Section.