A person that falls under any of the following persons may not become the director, accounting advisor, company auditor, or executive officer of a securities finance company.
次の各号のいずれかに該当する者は、証券金融会社の取締役、会計参与、監査役又は執行役となることができない。
a person specified by Cabinet Office Order as being unable to properly perform their duties due to a mental of physical disorder; or
心身の故障のため職務を適正に執行することができない者として内閣府令で定める者
a person falling under any of the provisions of Article 82, paragraph (2), item (iii), (a), (b), or (e).
第八十二条第二項第三号イ、ロ又はホに該当する者
The officer of a securities finance company loses that position if that officer comes to fall under a person provided for in the preceding paragraph.
If the Prime Minister discovers that a person has become the officer of a securities finance company by wrongful means, or if a securities finance company or its officer violates a law or regulation or a disposition by a government agency which is based on a law or regulation, the Prime Minister may order the securities finance company to dismiss that officer.
Read this with the articles around it
(Restriction on the Concurrent Holding of Positions by Directors)
A person that falls under any of the following persons may not become the director, accounting advisor, company auditor, or executive officer of a securities finance company.
次の各号のいずれかに該当する者は、証券金融会社の取締役、会計参与、監査役又は執行役となることができない。
Open this provision(Licensing Examination Criteria)
the license applicant has a person falling under any of the provisions of the following sub-items (a) through (f) as an officer:
免許申請者の役員のうちに次のイからヘまでのいずれかに該当する者があるとき。
Open this provisionsecurities finance company
「証券金融会社」
A person licensed by the Prime Minister under Article 156-24 to lend members, etc. of a financial instruments exchange, or members of an authorized financial instruments firms association (認可金融商品取引業協会), the money or securities needed to settle margin transactions (信用取引) and other transactions a Cabinet Order (政令) specifies, through the settlement system of the exchange market or over-the-counter securities market concerned.
Defined inArticle 2, paragraph (30)· applies throughout the law
officer
「役員」
A director, accounting advisor, company auditor or executive officer, or a person equivalent to one, in this Act other than Articles 163 to 167.
Defined inArticle 21, paragraph (1), item (i)· applies from here on, except in Articles 163 to 167
company auditor
監査役
An officer of a stock company, elected by the shareholders meeting (Companies Act, Article 329, paragraph (1)), whose job is to audit how the directors carry out their duties and to write an audit report on it (Article 381, paragraph (1)). Not an outside accountant — that is the financial auditor (会計監査人) — and not a director: a company auditor may not also be a director or employee of the company or its subsidiaries (Article 335, paragraph (2)). The term normally runs to the annual shareholders meeting for the last business year ending within four years of election (Article 336, paragraph (1)).
Written by AI using Companies Act, Arts. 329, 335, 336, 381 as a reference.
director
取締役
An officer of a stock company, elected by the shareholders meeting (Companies Act, Article 329, paragraph (1)). Every stock company has at least one (Article 326, paragraph (1)). Where there is no board of directors, the directors run the company's business unless the articles of incorporation say otherwise (Article 348, paragraph (1)), and each of them represents it unless the company has chosen representative directors (代表取締役) or others to do that (Article 349, paragraphs (1) and (3)). Where there is a board (取締役会, board of directors), the directors are its members, and the board decides the business and normally chooses the representative directors from among them (Article 362). The term normally runs to the annual shareholders meeting for the last business year ending within two years of election (Article 332, paragraph (1)).
Written by AI using Companies Act, Arts. 326, 329, 332, 348, 349, 362 as a reference.
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.