Financial Instruments and Exchange Act

If an application for authorization under the provisions of Article 155-2, paragraph (1) is filed and the Prime Minister finds it inappropriate to grant that authorization, the Prime Minister must notify the applicant for authorization and have the relevant officials conduct a hearing.

Upon deciding to grant or not to grant the authorization under the provisions of Article 155, paragraph (1), the Prime Minister must notify the applicant for authorization of this in writing without delay.

Pursuant to the provisions of Cabinet Office Order, a foreign financial instruments exchange must prepare a business report on the foreign market transactions conducted during the period from April of each year to March of the subsequent year and submit the business report to the Prime Minister within three months after the end of that period.

If a foreign financial instruments exchange is discovered to have fallen under any of the items of Article 155-3, paragraph (2) at the time of it obtained the authorization referred to in Article 155, paragraph (1), the Prime Minister may rescind the authorization.

If any particular set forth in the items of Article 155-2, paragraph (1) changes; if the business outline or business methods that a foreign financial instruments exchange has stated in a document set forth in Article 155-2, paragraph (2), item (ii) changes; if there is a material change in operational regulations; or in a case specified by Cabinet Office Order, the foreign financial instruments exchange must notify the Prime Minister of this within two weeks from the day of the change.

If a foreign financial instruments exchange falls under any of the following items, the authorization under Article 155, paragraph (1) ceases to be effective:

it comes to have no participants in the foreign financial instruments exchange that conducts foreign market transactions;

it closes all the foreign financial instruments markets where foreign market transactions are conducted; and

it is dissolved.

If authorization ceases to be valid pursuant to the provisions of the preceding paragraph, the domestic representative or the former domestic representative of the foreign financial instruments exchange must notify the Prime Minister of that fact without delay.

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 foreign financial instruments exchange, foreign financial instruments exchange participant, or a person that the relevant foreign financial instruments exchange 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)), to submit reports or materials that should serve as a reference with regard to foreign market transactions, or may have the relevant officials inspect the state of the business, or documents and other articles, of the relevant foreign financial instruments exchange in connection to its foreign market transactions.

If a foreign financial instruments exchange falls under any of the cases in the following items and the Prime Minister finds it to be necessary and appropriate in the public interest or for the protection of investors, the Prime Minister may rescind the foreign financial instruments exchange's Article 155, paragraph (1) authorization, order the suspension of all or a part of foreign market transactions during a fixed period of no longer than six months, order a change in the business linked to foreign market transactions, or issue an order prohibiting performance of part of the business linked to foreign market transactions:

it becomes unable to satisfy the criteria set forth in the items of Article 155-3, paragraph (1);

it comes to fall under Article 155-3, paragraph (2), items (ii) through (v);

it violates the conditions attached to the authorization;

it violates laws and regulations, etc. or the operational regulations, or, even though a participant in the foreign financial instruments exchange acts in violation of laws and regulations, etc. or the operational regulations, the foreign financial instruments exchange fails to exercise the powers accorded to it or to take any other necessary measures to cause the participant in the foreign financial instruments exchange to observe the laws and regulations, etc. or the operational regulations; or

the actions of the foreign financial instruments exchange or the status of foreign market transactions on the foreign financial instruments market it operates is found to be harmful for the public interest or to the protection of investors.

If the domestic representative of a foreign financial instruments exchange (if a foreign financial instruments exchange has a domestic office, this includes any officer stationed there; hereinafter the same applies in this paragraph) violates the laws and regulations, etc., the Prime Minister may order the foreign financial instruments exchange to dismiss that domestic representative.

Irrespective the category of procedures for hearing statements of opinion under Article 13, paragraph (1) of the Administrative Procedure Act, before seeking to order the suspension of all or a part of foreign market transactions, order a change in the business linked to foreign market transactions, or issue an order prohibiting performance of part of the business linked to foreign market transactions pursuant to the provisions of paragraph (1), the Prime Minister must conduct a hearing.

The procedures for implementing the provisions of Article 155 through the preceding Article and other necessary particulars for the implementation are specified by Cabinet Office Order.