Financial Instruments and Exchange Act

If an issuer violates the provisions of Article 24, paragraph (1) or (3) (including as applied mutatis mutandis pursuant to Article 24, paragraph (5), and also including as applied mutatis mutandis pursuant to Article 27) in failing to submit an annual securities report, the Prime Minister, in accordance with the procedures prescribed in the following Section, must order the issuer to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount of the audit certification fee (meaning the amount of money or value of other assets as specified by Cabinet Office Order which has been paid or is payable as consideration for the audit certification set forth in Article 193-226-3, paragraph (1); the same applies in the following and Article 26-5, paragraph) (1)) for the business year immediately preceding the business year for which the annual securities report was required to be submitted pursuant to these provisions (if the issuer falls under an issuer of regulated securities set forth in Article 5, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), the business year immediately preceding the specified period set forth in Article 24, paragraph (1) as applied mutatis mutandis pursuant to Article 24, paragraph (5) (including as applied mutatis mutandis pursuant to Article 27) in relation to those regulated securities; hereinafter the same applies in this Article, Article 172-4, paragraph (1), and Article 185-7, paragraph (3133) (excluding item (iv))) (or, if there is no such immediately preceding business year for which an audit certification is required or in other cases specified by Cabinet Office Order as being equivalent to this, four million yen).

If an issuer violates the provisions of 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) in failing to submit a semiannual securities report, the Prime Minister, in accordance with the procedures prescribed in the following Section, must order the issuer to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to half of the amount of the audit certification fee (meaning the amount of money or value of other assets as specified by Cabinet Office Order which has been paid or is payable as consideration for the audit certification set forth in Article 26-3, paragraph (1)) for the business year immediately preceding the business year that includes the period for which the semiannual securities report was required to be submitted pursuant to these provisions (or, if there is no such immediately preceding business year for which an audit certification is required or in other cases specified by Cabinet Office Order as being equivalent to this, two million yen).

If a specified non-financial information audit certification provider has given audit certification treating specified non-financial information to be stated in the covered disclosure document of a specified submitter, in which a statement is false or missing, as being neither false nor missing, the Prime Minister, in accordance with the procedures prescribed in the following Section, must order that specified non-financial information audit certification provider to pay an administrative monetary penalty to the national treasury in the amount specified in the relevant of the following items for the category of cases set forth in that item.

in the case where, in connection with that audit certification, there is a fact on the part of the specified non-financial information audit certification provider that falls under Article 26-24, paragraph (1), item (i):an amount equivalent to 1.5 times the amount specified by Cabinet Order as remuneration or other consideration for the business year pertaining to the covered disclosure document in which the specified non-financial information of the specified submitter that received that audit certification is stated (referred to as the "amount equivalent to the specified non-financial information audit certification fee" in the following item);

in the case where, in connection with that audit certification, there is a fact on the part of the specified non-financial information audit certification provider that falls under Article 26-24, paragraph (1), item (ii):the amount equivalent to the specified non-financial information audit certification fee.

Notwithstanding the provisions of the preceding paragraph, the Prime Minister may decide not to order the specified non-financial information audit certification provider referred to in that paragraph to pay the administrative monetary penalty referred to in that paragraph in any of the following cases:

in the case where there is a fact that falls under Article 26-24, paragraph (1), item (i) and a disposition under that paragraph is imposed on the specified non-financial information audit certification provider (limited to a case specified by Cabinet Office Order as one in which the effect that the falsity or omission in the specified non-financial information referred to in that item has on the reliability of that specified non-financial information as a whole is found to be comparatively minor);

in the case where there is a fact that falls under Article 26-24, paragraph (1), item (ii) and a disposition under that paragraph is imposed on the specified non-financial information audit certification provider (excluding a case specified by Cabinet Office Order as one in which the due care referred to in that item was grossly neglected);

in the case of ordering the suspension of such business pertaining to specified non-financial information audit certification under an already concluded contract as is specified by Cabinet Office Order; or

in the case of rescinding the registration under Article 26-6 pursuant to the provisions of Article 26-24, paragraph (1).

If a person violates the provisions of Article 27-3, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2); hereinafter the same applies in this Article) in effecting a purchase, etc. (meaning a purchase, etc. as prescribed in Article 27-2, paragraph (1) or Article 27-22-2, paragraph (1); hereinafter the same applies in this Article, the following Article, and Article 178, paragraph (1314)) of share certificates, etc. (meaning the share certificates, etc. prescribed in Article 27-2, paragraph (1); hereinafter the same applies in this Article, the following Article and Article 178, paragraph (1314)) or listed share certificates, etc. (meaning the listed share certificates, etc. prescribed in Article 24-6, paragraph (1); hereinafter the same applies in this Article, the following Article, Article 178, paragraph (1314), and Article 185-7, paragraph (1517)), without making the public notice under Article 27-3, paragraph (1) (hereinafter referred to as "public notice of the commencement of a tender offer" in this Chapter), the Prime Minister, in accordance with the proceedingsprocedures prescribed in the following Section, must order that person to pay an administrative monetary penalty that is equivalent to the amount arrived at when the amount set forth in item (i) is multiplied by the amountnumber set forth in item (ii) to the national treasury:

the amount arrived at when the closing price of the share certificates, etc. or listed share certificates, etc. subject to the tender offer (meaning a tender offer as prescribed in Article 27-2, paragraph (1) or Article 27-22-2, paragraph (1); hereinafter the same applies in this Article and Article 185-7, paragraphs (810) and (911)) to which that public notice of the commencement of a tender offer, etc. or tender offer statement, etc. pertains (meaning the closing price as set forth in Article 67-19 or Article 130 as of the day immediately preceding the day of the public notice of the commencement of the tender offer (or, if there is no such price, the amount specified by Cabinet Office Order as being equivalent to this)), is multiplied by the number of share certificates, etc. or listed share certificates, etc. that the person purchases, etc. through that tender offer;