Chapter VI Regulations on Transactions of Securities, etc. (Articles 171-5 to 171-6)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) 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 171-5第百七十一条の五
Prohibition on Market Manipulation(相場操縦行為等の禁止)
Article 171-5, paragraph (1)
It is prohibited for any person to engage in one of the following acts with the aim of misleading others into believing that purchase and sales of a crypto-and other asset, market derivatives transactions (limited to those involving crypto-and other assets or a cryptoasset-related financial index; hereinafter referred to as "cryptoasset-related market derivatives transactions" in this Article and Article 171-16), or over-the-counter derivatives transactions (limited to those involving crypto-and other assets or a cryptoasset-related financial index; hereinafter referred to as "cryptoasset-related over-the-counter derivatives transactions" in this Article and Article 171-16) are thriving, or otherwise misleading others about the state of those transactions:
conducting a false purchase and sale of crypto-and other assets, a false cryptoasset-related market derivatives transaction (limited to one specified in Article 2, paragraph (21), item (i)), or a false cryptoasset-related cover-the-counter derivatives transaction (limited to one specified in Article 2, paragraph (22), item (i)) without the intent to transfer the rights;
conducting a false cryptoasset-related market derivatives transaction (limited to one specified in Article 2, paragraph (21), item (ii), (iv), or (v)) or a false cryptoasset-related over-the-counter derivatives transaction (limited to one specified in Article 2, paragraph (22), item (ii), (v), or (vi)) without the intent to pay or receive money;
conducting a false cryptoasset-related market derivatives transaction (limited to one specified in Article 2, paragraph (21), item (iii)) or a false cryptoasset-related over-the-counter derivatives transaction (limited to one specified in Article 2, paragraph (22), item (iii) or (iv)) without the intent to grant or acquire the cryptoasset-related options;
selling crypto-and other assets after colluding in advance with another party that promises to purchase the crypto-and other assets at the same price and around the same time as the sale;
purchasing crypto-and other assets after colluding in advance with another party that promises to sell the crypto-and other assets at the same price and around the same time as the purchase;
making an offer in connection with a cryptoasset-related market derivatives transaction (limited to one set forth in Article 2, paragraph (21), item (ii)) or a cryptoasset-related over-the-counter derivatives transaction (limited to one set forth in paragraph (22), item (ii) of that Article) after colluding in advance with another party that promises to become the other party to the transaction at around the same time as the offer and at the same agreed figure as in the offered transaction;
making an offer in connection with a cryptoasset-related market derivatives transaction (limited to one set forth in Article 2, paragraph (21), item (iii)) or a cryptoasset-related over-the-counter derivatives transaction (limited to one set forth in paragraph (22), item (iii) or (iv) of that Article) after colluding in advance with another party that promises to become the other party to the transaction at around the same time as the offer and for the same amount of consideration as in the offered transaction;
making an offer in connection with a cryptoasset-related market derivatives transaction (limited to one set forth in Article 2, paragraph (21), item (iv) or (v)) or cryptoasset-related over-the-counter derivatives transaction (limited to one set forth in paragraph (22), item (v) or (vi) of that Article) after colluding in advance with another party that promises to become the other party to the transaction at around the same time as the offer and with the same conditions as in the offered transaction; or
entrusting, etc. a person, etc. with an act set forth in the preceding items or becoming entrusted, etc. with such an act.
前各号に掲げる行為の委託等又は受託等をすること。
Article 171-5, paragraph (1), item (x)
an act set forth in Article 159, paragraph (1), items (i) through (ix); or
第百五十九条第一項第一号から第九号までに掲げる行為
Article 171-5, paragraph (2)
It is prohibited for any person to perform one of the following acts (in the case of the acts set forth in items (i) and (ii), excluding acts specified by Cabinet Office Order as those that are found to have little likelihood of resulting in insufficient investor protection or harm the fairness of transactions) for the purpose of inducing a purchase and sale of crypto-and other assets, cryptoasset-related market derivatives transaction, or cryptoasset-related over-the-counter derivatives transaction (hereinafter referred to as a "purchase and sale of crypto-and other assets, etc." in this Article and paragraph (1) of the following Article):
making a series of purchase and sales of crypto-and other assets, etc. that are likely to mislead a person into believing that purchase and sales of crypto-and other assets, etc. are thriving or to cause fluctuations in market prices of crypto-and other assets, etc.; offering to conduct such transactions; entrusting, etc. a person with conducting such transactions; or becoming entrusted, etc. with conducting such transactions;
spreading a rumor that market prices of crypto-and other assets, etc. will fluctuate due to one's own or another party's market manipulation; or
暗号等資産等の相場が自己又は他人の操作によつて変動するべき旨を流布すること。
Article 171-5, paragraph (2), item (iii)
intentionally making a false representation regarding a material particular or a representation that causes a person to misunderstand something, in conducting a purchase and sale of crypto-and other assets, etc.
an act set forth in Article 159, paragraph (2), items (i) through (iii).
第百五十九条第二項第一号から第三号までに掲げる行為
Article 171-5, paragraph (3)
It is prohibited for any person to engage in any of the following acts for the purpose of pegging, fixing, or stabilizing market prices of crypto-and other assets, etc., in a way that constitutes a violation of the provisions of Cabinet Order.
effecting a series of purchase and sale of crypto-and other assets, etc., offering to conduct such transactions, entrusting, etc. a person with conducting such transactions, or becoming entrusted, etc. with conducting such transactions; or
一連の暗号等資産売買等又はその申込み、委託等若しくは受託等
Article 171-5, paragraph (3), item (ii)
an act set forth in Article 159, paragraph (3), item (i).
第百五十九条第三項第一号に掲げる行為
Article 171-6第百七十一条の六
Compensatory Liability for Market Manipulation(相場操縦行為等による賠償責任)
Article 171-6, paragraph (1)
A person that violates the provisions of the preceding Article is liable to compensate for damages incurred by a person that has conducted, or entrusted another person with conducting, a purchase and sale of crypto-and other assets, etc. in connection with a crypto-and other asset, cryptoasset-related financial index, or cryptoasset-related option, at the price, agreed figure, or amount of consideration for that crypto-and other asset, cryptoasset-related financial index, or cryptoasset-related option that was formed through that violation, with respect to that purchase and sale of crypto-and other assets, etc. or entrustment.
A claim for compensation under the preceding paragraph extinguishes by prescription if it is not exercised within one year from when the claimant learns that an act that is in violation of the provisions of the preceding Article has taken place or within three years from when the act takes place.
Rules made by the Cabinet to carry out the Constitution and Acts. A Cabinet Order cannot impose duties, restrict rights or set penalties unless an Act delegates that to it.