Financial Instruments and Exchange Act

If a person fails to submit a report or materials under the provisions of Article 26-35; Article 75; Article 79-4; Article 106-6, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article; Article 106-20, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article; Article 106-27 (including as applied mutatis mutandis pursuant to Article 109); Article 151 (including as applied mutatis mutandis pursuant to Article 153-4); Article 155-9; Article 156-15; Article 156-20-12; Article 156-34; Article 156-58; or Article 156-80, or submits a false report or false materials, the person who committed the act, being the representative, agent, employee, or other worker of a certified specified non-financial information audit certification business association prescribed in Article 26-29, paragraph (2), an authorized financial instruments firms association or certified financial instruments business association prescribed in Article 78, paragraph (2), financial instruments exchange, self-regulatory organization prescribed in Article 85, paragraph (1), financial instruments exchange holding company, commodity exchange, commodity exchange holding company, foreign financial instruments exchange, financial instruments clearing organization, foreign financial instruments clearing organization, securities finance company, designated dispute resolution organization prescribed in Article 156-38, paragraph (1), or trade repository (hereinafter referred to as "certified specified non-financial information audit certification business association, etc." in this Article), a subsidiary company of a financial instruments exchange (meaning a subsidiary company prescribed in Article 87-3, paragraph (3); the same applies hereinafter in this Article), a subsidiary company of a financial instruments exchange holding company, a subsidiary company of a commodity exchange, a subsidiary company of a commodity exchange holding company, a commodity trading participant, an issuer of securities listed on a financial instruments exchange or over-the-counter traded securities, a participant in a foreign financial instruments exchange of the foreign financial instruments exchange, a clearing member of a financial instruments clearing organization or foreign financial instruments clearing organization, or a person that has concluded a contract for trade data collection with a trade repository, or a person entrusted with business by a certified specified non-financial information audit certification business association, etc. (including a person entrusted by that person (including entrustment in two or more stages) and, if it is a corporation, its representative, agent, employee, or other worker), is subject to imprisonment for not more than one year, a fine of not more than three million yen, or both.

If a person violates, without a justifiable ground, an order to provide electronic or magnetic records under the provisions of Article 211, paragraph (1) or an order under the provisions of paragraph (3) of that Article, the person who committed the violation is subject to punishment by imprisonment for not more than one year or a fine of not more than three million yen.

If any of the following items applies, the person who has committed the violation is subject to punishment by imprisonment for not longer than one year, a fine of not more than one million yen, or both:

when the person fails to submit or send copies of documents under the provisions of Article 6 (including as applied mutatis mutandis pursuant to Article 12; Article 23-12, paragraph (1); Article 24, paragraph (7); Article 24-2, paragraph (3); Article 24-4-4, paragraph (5); Article 24-4-5, paragraph (2); Article 24-5, paragraph (6); and Article 24-6, paragraph (3); and as these provisions (excluding Article 24-6, paragraph (3)) are applied mutatis mutandis pursuant to Article 27); Article 24-7, paragraph (4) (including as applied mutatis mutandis pursuant to Article 24-7, paragraph (6) (including as applied mutatis mutandis pursuant to Article 27) and Article 27); Article 27-3, paragraph (4) (including as applied mutatis mutandis pursuant to Article 27-8, paragraph (6) (including as applied mutatis mutandis pursuant to Article 27-13, paragraph (3)); Article 27-11, paragraph (4); Article 27-13, paragraph (3); and Article 27-22-2, paragraphs (2) and (3)); or Article 27-22-2, paragraph (4) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (8));

when the person fails to submit an amended statement under the provisions of the first sentence of Article 7, paragraph (1); Article 9, paragraph (1); or Article 10, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27);

when the person violates the provisions of Article 15, paragraph (2) (including as applied mutatis mutandis pursuant to Article 23-12, paragraph (3), and as these provisions are applied mutatis mutandis pursuant to Article 27); Article 15, paragraph (3) or (4) (including as applied mutatis mutandis pursuant to Article 27); Article 27-5 (including as applied mutatis mutandis pursuant to Article 27-8, paragraph (10); Article 27-22-2, paragraphs (2) and (5); and Article 27-22-3, paragraph (5)); or Article 27-13, paragraph (4) or (5) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2));

when the person fails to submit an amended shelf registration statement under the provisions of the first sentence of Article 23-4; Article 23-9, paragraph (1); or Article 23-10, paragraph (1); or under Article 23-10, paragraph (1) as applied mutatis mutandis pursuant to paragraph (5) of that Article (including as applied mutatis mutandis pursuant to Article 27);

when the person fails to submit an amended report, semiannual securities report, extraordinary report, parent company, etc. status report, or report on repurchase under the provisions of Article 9, paragraph (1) as applied mutatis mutandis pursuant to Article 24-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27); Article 9, paragraph (1) as applied mutatis mutandis pursuant to Article 24-4-5, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27); Article 24-5, paragraph (1) (including as applied mutatis mutandis pursuant to Article 24-5, paragraph (3) and as these provisions are applied mutatis mutandis pursuant to Article 27); Article 24-5, paragraph (4) (including as applied mutatis mutandis pursuant to Article 27); Article 9, paragraph (1) or Article 10, paragraph (1) as these provisions are applied mutatis mutandis pursuant to Article 24-5, paragraph (5) (including as applied mutatis mutandis pursuant to Article 27); Article 24-6, paragraph (1); Article 9, paragraph (1) or Article 10, paragraph (1) as these provisions are applied mutatis mutandis pursuant to Article 24-6, paragraph (2); Article 24-7, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to Article 24-7, paragraph (6) (including as applied mutatis mutandis pursuant to Article 27) and Article 27); or Article 9, paragraph (1) or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-7, paragraph (3) (including as applied mutatis mutandis pursuant to Article 24-7, paragraph (6) (including as applied mutatis mutandis pursuant to Article 27) and Article 27);

when the person violates the provisions of Article 25, paragraph (2) (including as applied mutatis mutandis pursuant to Article 27) or Article 27-14, paragraph (2) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2)) by failing to make copies of a document (other than a document set forth in Article 25, paragraph (1), items (iv) and (vii)) available for public inspection;

when the person fails to issue public notice or make the disclosure under the provisions of Article 27-7, paragraph (2) (including as applied mutatis mutandis pursuant to Article 27-8, paragraph (12) and Article 27-22-2, paragraphs (2) and (6)); Article 27-8, paragraph (8) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2) and Article 27-22-3, paragraph (4)); Article 27-8, paragraph (11) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2)); Article 27-10, paragraph (6); or Article 27-13, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2));

when the person fails to submit an amended statement under the provisions of Article 27-8, paragraphs (2) through (4) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2)) or an amended report under the provisions of Article 27-8, paragraphs (2) through (4) as applied mutatis mutandis pursuant to Article 27-13, paragraph (3) and Article 27-22-2, paragraph (7);

when the person fails, in violation of Article 27-9, paragraph (3) or (4) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2)), to deliver a tender offer explanation or an amended tender offer explanation;

when the person fails to submit a target company's position statement under the provisions of Article 27-10, paragraph (1) or a tender offeror's answer under Article 27-10, paragraph (11);

when the person, in sending a copy of a document under the provisions of Article 27-10, paragraph (9) (including as applied mutatis mutandis pursuant to Article 27-10, paragraph (10)); Article 27-10, paragraph (13) (including as applied mutatis mutandis pursuant to Article 27-10, paragraph (14)); or Article 27-27 (including as applied mutatis mutandis pursuant to Article 27-29, paragraph (2)), sends, as a copy of the original document, a document that contains a false statement about a material particular and whose content differs from that of the original document;

when the person fails to submit an amended report under the provisions of Article 9, paragraph (1) or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 27-29, paragraph (1);

when the person fails to provide or disclose the amended specified information on securities under the provisions of Article 27-31, paragraph (4) concerning a material particular, or violates the provisions of Article 27-31, paragraph (5) (limited to the part involving amended specified information on securities) in connection with that amended specified information on securities;

without having published information on specified cryptoassets under the provisions of Article 27-39, paragraph (4), the person handles the public offering or secondary distribution of specified cryptoassets prescribed in that paragraph, or violates the provisions of Article 27-54, paragraph (2) with respect to the information on specified cryptoassets;

the person, in violation of Article 27-39, paragraph (4) or Article 27-54, paragraph (3), publishes information on specified cryptoassets under the provisions of Article 27-39, paragraph (4) that contains a false statement regarding a material particular;

the person violates the provisions of Article 27-40, paragraph (1);

the person, in violation of Article 27-40, paragraph (2), provides information on specified cryptoassets under the provisions of paragraph (1) of that Article that contains a false statement regarding a material particular;

the person fails to publish extraordinary information on specified cryptoassets under the provisions of Article 27-51, or violates the provisions of Article 27-54, paragraph (1) with respect to the extraordinary information on specified cryptoassets;

with regard to a material particular, the person fails to publish amended specified cryptoasset information, etc. relating to information on specified cryptoassets, etc. under the provisions of Article 27-52, or violates the provisions of Article 27-54, paragraph (1) with respect to the amended specified cryptoasset information, etc.;

the person fails to publish amended specified cryptoasset information, etc. relating to information on specified cryptoassets, etc. under an order under the provisions of Article 27-57, paragraph (1), or violates the provisions of Article 27-54, paragraph (1) with respect to the amended specified cryptoasset information, etc.;

the person violates an order under the provisions of Article 27-57, paragraph (2);

when the person violates the provisions of Article 31-3-2;

when the person violates an order under the provisions of Article 32-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article 32-4 and Article 57-26, paragraph (1)) or Article 32-2, paragraph (3);

when the person violates the provisions of Article 39, paragraph (2) (including as applied mutatis mutandis pursuant to Article 66-15);

when the person enters a false statement into a written application or document under the provisions of Article 39, paragraph (7) (including as applied mutatis mutandis pursuant to Article 66-15) and submits the written application or document;

when the person violates the provisions of Article 40-6;

when the person violates the provisions of Article 103-2, paragraph (1) or (4), or Article 106-14, paragraph (1) or (4);

when the person violates the provisions of Article 106-3, paragraph (1) or (4); Article 106-7, paragraph (2); Article 106-17, paragraph (1) or (3); Article 106-21, paragraph (2); Article 156-5-5, paragraph (1) or (4); or Article 156-5-9, paragraph (2);

when the person violates an order under the provisions of Article 106-7, paragraph (1); Article 106-21, paragraph (1); or Article 156-5-9, paragraph (1);

when the person violates the provisions of Article 156-41, paragraph (1);

when the person violates the provisions of Article 167-3 (including as applied mutatis mutandis pursuant to Article 171-16);

when the person violates the provisions of Article 168; and

when the person violates the provisions of Article 170 or Article 171 in making a representation.

the person violates the provisions of Article 171-11;

the person violates the provisions of Article 171-13 or Article 171-14 in making a representation.