Article 156-11-2Procedures at the Commencement of Special Liquidation Proceedings

①If a financial instruments clearing organization makes provisions in its business rules for the method of netting off outstanding obligations (meaning obligations which have arisen from subject transactions, etc. (meaning subject transactions, transactions on a commodity market (meaning transactions on a commodity market as defined in Article 2, paragraph (10) of the Commodity Derivatives Transaction Act), or over-the-counter commodity derivatives transactions (meaning over-the-counter commodity derivatives transactions as defined in paragraph (14) of that Article); hereinafter the same applies in this Article) that a clearing member has conducted, and which the clearing organization has assumed from the other parties to the subject transactions, etc. or has novated or has borne in other ways as financial instruments obligation assumption services or commodity transaction debt assumption services, etc., claims (limited to claims with the same content as those obligations) that the clearing organization has acquired against the clearing member as the consideration for the obligations which have arisen out of subject transactions, etc. and which the clearing organization has borne for that clearing member, and collateral; hereinafter the same applies in this paragraph), the method of allocating collateral to cover outstanding obligations, or other means of settling outstanding obligations, and when special liquidation proceedings, bankruptcy proceedings, rehabilitation proceedings, or reorganization proceedings commence for a clearing member, the calculation of the amount of the claim that the financial instruments clearing organization or the clearing member has in terms of outstanding obligations and other means of settlement in relation to those proceedings, are to be in accordance with the provisions of the business rules.

②In bankruptcy proceedings, rehabilitation proceedings, or reorganization proceedings, the claims provided for in the preceding paragraph which a financial instruments clearing organization has are bankruptcy claims, rehabilitation claims, or reorganization claims, and the claims provided for in that paragraph which a clearing member has are the property that is part of the bankruptcy estate, rehabilitation debtor's assets, the property of the corporation in need of reorganization, or the property of the cooperative financial institution in need of reorganization.