Article 57-21Supervisory Dispositions Corresponding with the Soundness of Management
第五十七条の二十一(経営の健全性の状況に応じた監督処分)
If the Prime Minister finds it to be necessary and appropriate in the public interest or for the protection of investors in light of the soundness of management of a highest designated parent company and its subsidiary corporations, etc., the Prime Minister may, to the extent necessary, issue orders to the highest designated parent company with regard to particulars that are necessary from a supervisor perspective.
If the Prime Minister issues an order under the provisions of the preceding paragraph to a highest designated parent company, and the integrity of management of the highest designated parent company and its subsidiary corporation, etc. does not improve and is found to have no prospect of improving as of the day on which three months have elapsed since the day of the order, the Prime Minister may order the highest designated parent company to take measures so that it will cease to be the parent company of the subject special financial instruments business operator or to take other necessary measures, within a fixed period of no longer than three months.
An order under the provisions of the preceding two paragraphs is to be given so as to correspond with the classification of the integrity of management of the highest designated parent company and its subsidiary corporations, etc., and the Prime Minister must determine the relevant classifications and the nature of the corresponding orders in advance and make public notice of the same.
If the Prime Minister issues an order under the provisions of paragraph (1) to a highest designated parent company and finds it to be particularly necessary in light of the execution status of measures under that order, the Prime Minister may order the subject special financial instruments business operator to take any measures that are necessary from a supervisory perspective.
内閣総理大臣は、最終指定親会社に対し第一項の規定による命令をした場合において、当該命令に係る措置の実施の状況に照らして特に必要があると認めるときは、対象特別金融商品取引業者に対し、監督上必要な措置をとるべきことを命ずることができる。
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(Supervisory Dispositions Corresponding with the Soundness of Management)
If the Prime Minister finds it to be necessary and appropriate in the public interest or for the protection of investors in light of the soundness of management of a highest designated parent company…
内閣総理大臣は、最終指定親会社及びその子法人等における経営の健全性の状況に照らして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、その必要の限度において、当該最終指定親会社に対し、監督上必要な事項を命ずることができる。
Open this provision(Supervisory Dispositions Corresponding with the Soundness of Management)
If the Prime Minister issues an order under the provisions of the preceding paragraph to a highest designated parent company, and the integrity of management of the highest designated parent company…
内閣総理大臣は、最終指定親会社に対し前項の規定による命令をした場合において、その日から三月を経過した日において当該最終指定親会社及びその子法人等の経営の健全性の状況が改善せず、かつ、改善する見込みがないと認められるときは…
Open this provisionsubsidiary corporation, etc.
「子法人等」
A subsidiary corporation, etc. as defined in Article 57-2, paragraph (9): a subsidiary company (子会社) of another company, or another corporation or organization meeting requirements a Cabinet Order (政令) sets as closely related to that company.
Defined inArticle 57-3, paragraph (1)· applies only in this section
parent company
「親会社」
In Section 4-2 of Chapter III, a parent company as defined in Article 57-2, paragraph (8): a company that has another company as its subsidiary company (子会社) within the meaning of Article 29-4, paragraph (4).
Defined inArticle 57-12, paragraph (1)· applies only in this section
subject special financial instruments business operator
「対象特別金融商品取引業者」
A special financial instruments business operator (特別金融商品取引業者) whose parent company the Prime Minister has designated under Article 57-12, paragraph (1) as subject to the rules for designated parent companies.
Short name set inArticle 57-12, paragraph (3)
highest designated parent company
「最終指定親会社」
In Chapter 3, Section 4-2, Subsection 2, a designated parent company (指定親会社) none of whose own parent companies is a designated parent company of the same subject special financial instruments business operator (対象特別金融商品取引業者).
Defined inArticle 57-12, paragraph (3)· applies only in this subsection
integrity of management
「経営の健全性の状況」
In Article 57-17, paragraphs (2) and (3) and Article 57-21, paragraphs (1) to (3), the soundness of management of a highest designated parent company (最終指定親会社) and its subsidiary corporations, etc., as at the end of a quarter, expressed by the standards the Prime Minister sets under Article 57-17, paragraph (1), such as whether their capital is adequate for the assets they hold.
Short name set inArticle 57-17, paragraph (2)· applies only in this provision and in Article 57-17, paragraph (3); and Article 57-21, paragraphs (1) to (3)
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.