Financial Instruments and Exchange Act

Service under the provisions of Article 185-7, paragraph (32) 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 (29) 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).

The Prime Minister or a trial examiner may make service by publication in the following cases:

the domicile or residence of the person to be served, or the place where to serve is unknown (excluding a case in which service may be made pursuant to the provisions of Article 109-2, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 185-10);

it is not possible to make the service pursuant to the provisions of Article 107, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 185-10;

with regard to service of a document that must be made in a foreign country, it is not possible to make the service through the means prescribed in Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 185-10, or in a case that is found not possible to make the service even through those means; or

even after six months have elapsed since the competent government agency of a foreign country is issued a request to make the service pursuant to the provisions of Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 185-10, a document certifying that the agency has made the service has not been sent.

Service by publication is made, in accordance with the categories set forth in the following items, by placing the particulars specified in the relevant item in a state where they can be viewed by many and unspecified persons by the method specified by Cabinet Office Order, and by taking a measure of either posting a document stating those particulars on the notice board of the Financial Services Agency or placing in a state where they can be viewed those particulars as displayed on the screen of a computer installed at the Financial Services Agency.

Service by publication of documents: that a staff member who handles the affairs of trial procedures will keep the documents to be served and deliver them to the person to be served at any time;

Service by publication of electronic or magnetic records: that a staff member who handles the affairs of trial procedures will, with regard to the particulars recorded in the electronic or magnetic record to be served, deliver to the person to be served at any time a document under the provisions of Article 109 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 185-10 or a document under the provisions of the preceding Article, or take the measure prescribed in the main clause of Article 109-2, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 185-10 and also issue the notice under the provisions of the main clause of that paragraph.

Service by publication becomes effective after two weeks have elapsed from the day on which the measure prescribed in the preceding paragraph was commenced.

For service by publication in respect of service that must be made in a foreign country, the period referred to in the preceding paragraph is six weeks.

After a decision to commence trial procedures is issued, an interested party may file a request with the Prime Minister to inspect or copy the non-electronic or non-magnetic case records (meaning the part of the case records excluding the electronic or magnetic case records prescribed in item (i) of the following paragraph).

After a decision to commence trial procedures is issued, an interested party may, as provided by Cabinet Office Order, file a request with the Prime Minister to carry out the following acts:

inspecting the content of the electronic or magnetic case records (meaning the part of the case records concerning the particulars recorded in a file pursuant to the provisions of this Act or other laws and regulations; the same applies in the following item) as displayed by the method specified by Cabinet Office Order;

copying the particulars recorded in the electronic or magnetic case records by the method of recording them, 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.

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 (29), 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.

When a request under the preceding two paragraphs is made, the Prime Minister may not refuse the request, unless there is a risk of detriment to the interests of a third party or unless there are any other legitimate grounds for refusal.

With regard to petitions and other statements in trial procedures, the provisions of Article 132-10, Article 132-11 (excluding the items of paragraph (1)), Article 132-12 (excluding the items of paragraph (1)), and Article 132-13 (excluding the items) of the Code of Civil Procedure apply mutatis mutandis. In this case, in these provisions, "proceedings for a civil action" and "civil litigation proceedings" are deemed to be replaced with "trial procedures", "the Rules of the Supreme Court pursuant to their Rules" with "Cabinet Office Order", "the court clerk" with "the staff member who handles the affairs of trial procedures", and "information (excluding the information specified in the following items in the cases stated in those items)" with "information"; in Article 132-10, paragraph (1) of that Act, "with the court" is deemed to be replaced with "with the Prime Minister or a trial examiner", "the court's presiding judge, authorized judge, commissioned judge, or court clerk" with "a staff member who handles the affairs of trial procedures", and "the court's computer files" with "the file (meaning the file prescribed in Article 179, paragraph (1) of the Financial Instruments and Exchange Act; the same applies hereinafter in this Chapter)"; in paragraph (3) of that Article, "arrive at the court" is deemed to be replaced with "arrive at the Prime Minister or a trial examiner"; in Article 132-11, paragraph (1) of that Act, "A person as stated in one of the following items" is deemed to be replaced with "A representative (limited to one that is an attorney-at-law, legal professional corporation, or attorney-at-law and registered foreign lawyer joint corporation; the same applies in the following paragraph and paragraph (3))" and "motions and statements in a case as provided in that item" with "motions and statements"; in paragraph (2) of that Article, "The persons stated in the items of the preceding paragraph" is deemed to be replaced with "The representatives", and in paragraph (3) of that Article, "a person stated in an item of that paragraph" with "a representative" and "a computer used by the court" with "a computer used by the Cabinet Office"; and in Article 132-13 of that Act, "submitted to the court" is deemed to be replaced with "submitted to the Prime Minister or a trial examiner".

If a person fails to pay an administrative monetary penalty by the due date of payment, the Prime Minister must demand payment of the administrative monetary penalty by designating a deadline in the written demand.

If the Prime Minister makes the demand for payment under the provisions of the preceding paragraph, the Prime Minister may collect a delinquent charge at a rate of 14.5 percent per annum accrued on the amount of the administrative monetary penalty referred to in that paragraph, calculated based on the number of days from the day after the due date of payment to the day on which the administrative monetary penalty is paid; provided, however, that this does not apply if the amount of the delinquent charge is less than one thousand yen.

If the amount of the delinquent charge calculated pursuant to the provisions of the preceding paragraph includes an amount that is less than one hundred yen, the amount is rounded down to the nearest hundred yen.

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 (10), (12) through (22), and (25) through (27) (including a decision following a change 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 administrative monetary penalty payment order is executed in accordance with the provisions of the Civil Execution Act (Act No. 4 of 1979) and other laws and regulations on enforcement proceedings.

If the Prime Minister finds it to be necessary for executing an administrative monetary penalty payment order, the Prime Minister may make inquiries to public offices or public and private organizations, and request them to report necessary particulars.

In applying the provisions of the Bankruptcy Act, the Civil Rehabilitation Act, the Corporate Reorganization Act, and the Act on Special Measures for the Reorganization Proceedings of Financial Institutions, a claim for an administrative monetary penalty under an administrative monetary penalty payment order or a claim for delinquent charges under the provisions of Article 185-14, paragraph (2) is deemed to be a claim for a civil fine.

Beyond what is provided for in this Section, necessary particulars relevant to trial procedures are specified by Cabinet Office Order.