Article 124Approval of a Financial Instruments Exchange's Listing on a Financial Instruments Exchange Market It Operates
第百二十四条（自ら開設する取引所金融商品市場への上場の承認）
Notwithstanding the provisions of Article 121, if a financial instruments exchange seeks to list securities issued by the following persons for purchase and sale on a financial instruments exchange market it operates, or to list such securities, financial indexes connected to them, or options on them for market derivatives transactions on a financial instruments exchange market it operates, it must obtain the approval of the Prime Minister for the listing, on each occasion and for each financial instruments exchange market on which it seeks to list them; provided, however, that this does not apply if such a listing is made based on an order under the provisions of the following Article:
the financial instruments exchange in question;
当該金融商品取引所
a person that has the financial instruments exchange as its subsidiary company;
an incorporated financial instruments exchange or financial instruments exchange holding company that holds a number of subject voting rights in a person set forth in any of the preceding two items which is equal to or greater than the threshold holding right of all shareholders' voting rights (other than a person set forth in the preceding item);
前二号に掲げる者の総株主の議決権の保有基準割合以上の数の対象議決権を保有する株式会社金融商品取引所又は金融商品取引所持株会社（前号に掲げる者を除く。）
an incorporated financial instruments exchange or financial instruments exchange holding company that is a subsidiary company of the financial instruments exchange;
当該金融商品取引所の子会社である株式会社金融商品取引所又は金融商品取引所持株会社
a parent commodity exchange, etc. that holds a number of subject voting rights in a person set forth in item (i) or (ii) which is equal to or greater than the threshold holding ratio of all shareholders' voting rights (other than a person set forth in item (ii)); or
a parent commodity exchange, etc. that is a subsidiary company of the financial instruments exchange.
If an application is filed for the approval referred to in the preceding paragraph and the Prime Minister finds the application to fall under any of the following items, the Prime Minister must not grant the approval referred to in that paragraph:
the listing concerning the application is likely to impair the sound and appropriate operation of the business of any of the following financial instruments exchanges:
当該申請に係る上場が次に掲げる金融商品取引所の業務の健全かつ適切な運営を損なうおそれがあること。
the relevant financial instruments exchange;
当該金融商品取引所
a financial instruments exchange that has the relevant financial instruments exchange as its subsidiary company;
an incorporated financial instruments exchange that holds a number of subject voting rights in the relevant financial instruments exchange (including a person that has the relevant financial instruments exchange as its subsidiary company) which is equal to or greater than the threshold holding ratio of all shareholders' voting rights (other than a person set forth in (b));
an incorporated financial instruments exchange that is a subsidiary company of the relevant financial instruments exchange;
当該金融商品取引所の子会社である株式会社金融商品取引所
an incorporated financial instruments exchange that is the subsidiary company of a person that has the relevant financial instruments exchange as its subsidiary company (other than a person set forth in any of (a) through (d)); and
当該金融商品取引所を子会社とする者の子会社である株式会社金融商品取引所（イからニまでに掲げる者を除く。）
an incorporated financial instruments exchange that is the subsidiary company of a person that holds a number of subject voting rights in the relevant financial instruments exchange (including a person that has the relevant financial instruments exchange as its subsidiary company) which is equal to or greater than the threshold holding ratio of all shareholders' voting rights (other than a person set forth in any of (a) through (e));
the fairness of transactions on the financial instruments exchange market is not ensured for the listing to which the application pertains.
当該申請に係る上場に関し、当該取引所金融商品市場における取引の公正が確保されていないこと。
Notwithstanding the provisions of Article 121, if a financial instruments exchange seeks to list securities issued by any of the following persons for purchase and sale on a financial instruments exchange market it operates, or to list the securities, financial indexes connected to them, or options on them for the purpose of market derivatives transactions on a financial instruments exchange market it operates, it must obtain the approval of the Prime Minister for the listing, for each occasion and for each financial instruments exchange market on which it seeks to list them; provided, however, that this does not apply if the listing is made based on an order under the provisions of the following Article:
a person that holds a number of subject voting rights in the financial instruments exchange (including a person that has the financial instruments exchange as its subsidiary company) which is equal to or greater than the threshold holding ratio of all shareholders' voting rights (other than a person set forth in any of the items of paragraph (1)); or
a subsidiary company of the financial instruments exchange (unless the subsidiary company is an incorporated financial instruments exchange, financial instruments exchange holding company, or parent commodity exchange, etc.).
当該金融商品取引所の子会社（当該子会社が株式会社金融商品取引所、金融商品取引所持株会社又は親商品取引所等である場合を除く。）
If an application is filed for the approval referred to in the preceding paragraph and the Prime Minister finds that the fairness of transactions on the financial instruments exchange market is not ensured for the listing to which the application pertains, the Prime Minister must not grant the approval referred to in that paragraph.
Read this with the articles around it
(Notification of Listings)
If a financial instruments exchange seeks to list securities for purchase and sale or to list financial instruments, etc. for market derivatives transactions…
金融商品取引所は、有価証券をその売買のため又は金融商品等を市場デリバティブ取引のため上場しようとするときは、その上場しようとする取引所金融商品市場ごとに、その旨を内閣総理大臣に届け出なければならない。
Open this provision(Approval of a Financial Instruments Exchange's Listing on a Financial Instruments Exchange Market It Operates)
Notwithstanding the provisions of Article 121, if a financial instruments exchange seeks to list securities issued by the following persons for purchase and sale on a financial instruments exchange…
第百二十一条の規定にかかわらず、金融商品取引所は、次に掲げる者が発行者である有価証券をその売買のため、又は当該有価証券、当該有価証券に係る金融指標若しくは当該有価証券に係るオプションを市場デリバティブ取引のためにその開設する取引所金融商品市場に上場しようとする場合には、その上場しようとする取引所金融商品市場ごとに…
Open this provision(Approval of a Financial Instruments Exchange's Listing on a Financial Instruments Exchange Market It Operates)
the financial instruments exchange in question;
当該金融商品取引所
Open this provision(Approval of a Financial Instruments Exchange's Listing on a Financial Instruments Exchange Market It Operates)
a person that has the financial instruments exchange as its subsidiary company;
当該金融商品取引所を子会社とする者
Open this provision(Approval of a Financial Instruments Exchange's Listing on a Financial Instruments Exchange Market It Operates)
Notwithstanding the provisions of Article 121, if a financial instruments exchange seeks to list securities issued by any of the following persons for purchase and sale on a financial instruments…
第百二十一条の規定にかかわらず、金融商品取引所は、次に掲げる者が発行者である有価証券をその売買のため、又は当該有価証券、当該有価証券に係る金融指標若しくは当該有価証券に係るオプションを市場デリバティブ取引のためにその開設する取引所金融商品市場に上場しようとする場合には、その上場しようとする取引所金融商品市場ごとに…
Open this provision(Order to List Share Certificates)
If the issuer of share certificates, etc. that a financial instruments exchange lists issues share certificates, etc. that the financial instruments exchange does not list…
内閣総理大臣は、金融商品取引所が上場する株券等の発行者が発行者である株券等で当該金融商品取引所が上場していないものを、当該金融商品取引所が上場することが公益又は投資者保護のため必要かつ適当であると認めるときは、当該金融商品取引所に対し、その株券等を上場すべきことを命ずることができる。
Open this provisionsecurities
「有価証券」
Securities as this Act defines them: the instruments listed in Article 2, paragraph (1), among them national government and local government bonds, corporate bonds, share certificates and share option certificates, preferred equity investment certificates, beneficiary certificates of investment trusts and other trusts, investment securities, certain promissory notes, mortgage securities, option certificates and depositary receipts, foreign instruments of the same nature, and other instruments a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (1)· applies throughout the law
options
「オプション」
A right under a transaction listed in Article 2, paragraph (21), item (iii) made on a financial instruments market (金融商品市場) under the standards and methods of its operator, a right under a similar transaction on a foreign financial instruments market (外国金融商品市場) (other than one involving commodities or indices based on their prices), or a right under a transaction listed in Article 2, paragraph (22), item (iii) or (iv) made off those markets.
Short name set inArticle 2, paragraph (1), item (xix)
issuer
「発行者」
A person who issues or intends to issue securities, or for securities a Cabinet Office Order (内閣府令) specifies, the person it specifies; for rights treated as securities under Article 2, paragraph (2), the person a Cabinet Office Order specifies for each kind of right is treated as issuing them, at the time it specifies.
Defined inArticle 2, paragraph (5)
financial instruments exchange
「金融商品取引所」
A membership corporation (金融商品会員制法人) or stock company (株式会社) licensed by the Prime Minister under Article 80, paragraph (1) to open a financial instruments market (金融商品市場).
Defined inArticle 2, paragraph (16)· applies throughout the law
financial instruments exchange market
「取引所金融商品市場」
A financial instruments market (金融商品市場) opened by a financial instruments exchange (金融商品取引所).
Defined inArticle 2, paragraph (17)· applies throughout the law
incorporated financial instruments exchange
「株式会社金融商品取引所」
A stock company that operates a financial instruments exchange market.
Short name set inArticle 2, paragraph (18)
financial instruments exchange holding company
「金融商品取引所持株会社」
A stock company that has as its subsidiary company (子会社) a stock company opening a financial instruments exchange market (株式会社金融商品取引所), and that was incorporated with, or has received, the Prime Minister's authorization under Article 106-10, paragraph (1) or the proviso to paragraph (3) of that Article.
Defined inArticle 2, paragraph (18)· applies throughout the law
market derivatives transactions
「市場デリバティブ取引」
A transaction listed in Article 2, paragraph (21) — such as futures, index and option transactions on financial instruments or financial indicators — carried out on a financial instruments market under the standards and methods set by the person that operates that market.
Defined inArticle 2, paragraph (21)· applies throughout the law
financial index
「金融指標」
Prices of financial instruments (金融商品), and interest rates, etc. on financial instruments other than currencies and commodities; figures from weather observations published by the Japan Meteorological Agency (気象庁) or others; indicators that cannot practically be influenced and that greatly affect businesses, or socio-economic statistics, that a Cabinet Order (政令) specifies, with exclusions; and figures calculated from any of these.
Defined inArticle 2, paragraph (25)· applies throughout the law
voting rightsmachine translation
「議決権」
From Article 29-4, paragraph (2) on, the voting rights of all the shareholders, partners, members, cooperative members or contributors of an entity (総株主等の議決権); for a stock company, not counting votes on shares that cannot be voted on any matter a shareholders' meeting may resolve, and counting votes on shares deemed to carry voting rights under Article 879, paragraph (3) of the Companies Act.
Defined inArticle 29-4, paragraph (2)
parent commodity exchange, etc.machine translation
「親商品取引所等」
In Chapter V, a commodity exchange (商品取引所) that has a financial instruments exchange as its subsidiary company, or a commodity exchange holding company (商品取引所持株会社) that has one as its subsidiary company, other than a commodity exchange that is itself a financial instruments exchange or a holding company that is itself a financial instruments exchange holding company.
Defined inArticle 102-3, paragraph (1)· applies only in this chapter
subsidiary company
「子会社」
A subsidiary company (子会社) as defined in Article 87-3, paragraph (3): a company in which a corporation holds a majority of the voting rights of all its shareholders, etc., including one in which the corporation and its subsidiary companies, or those subsidiary companies alone, hold such a majority.
Defined inArticle 102-23, paragraph (3)· applies only in this chapter
threshold holding ratio
「保有基準割合」
In Chapter 5, 20 percent of the voting rights of all shareholders of an incorporated financial instruments exchange (株式会社金融商品取引所), or 15 percent where a fact a Cabinet Office Order (内閣府令) specifies suggests material influence over its financial and business policies.
Short name set inArticle 103-2, paragraph (1)· applies only in this chapter
subject voting rights
「対象議決権」
In the chapter on shareholders of incorporated financial instruments exchanges, voting rights in an incorporated financial instruments exchange (株式会社金融商品取引所), including those of shares that cannot be asserted against the issuer under Article 147, paragraph (1) or Article 148, paragraph (1) of the Act on Book-Entry Transfer of Corporate Bonds and Shares, and excluding those a Cabinet Office Order (内閣府令) excludes in view of how they are acquired or held.
Short name set inArticle 103-2, paragraph (1)· applies only in this chapter
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan as a reference.