Article 58-2Services in Which a Foreign Securities Services Provider May Engage
第五十八条の二(外国証券業者が行うことのできる業務)
A foreign securities services provider must not perform any act set forth in the items of Article 28, paragraph (8) with a person in Japan as the counterparty; provided, however, that this does not apply if a foreign securities services provider performs such an act with a financial instruments business operator engaged in securities services as the counterparty (excluding cases where the relevant foreign securities broker conducts specified over-the-counter derivatives transactions, or intermediation, brokerage (excluding brokerage for clearing of securities, etc.), or agency therefor using the electronic data processing system used by the relevant foreign securities broker for its business of over-the-counter derivatives transactions, etc.), or if it does so in a case that is specified by Cabinet Order.
外国証券業者は、国内にある者を相手方として第二十八条第八項各号に掲げる行為を行つてはならない。ただし、金融商品取引業者のうち、有価証券関連業を行う者を相手方とする場合(当該外国証券業者がその店頭デリバティブ取引等の業務の用に供する電子情報処理組織を使用して特定店頭デリバティブ取引又はその媒介、取次ぎ(有価証券等清算取次ぎを除く。)若しくは代理を行う場合を除く。)その他政令で定める場合は、この限りでない。
Read this with the articles around it
The term "securities services" as used in this Chapter means the performance of any of the following acts on a regular basis:
この章において「有価証券関連業」とは、次に掲げる行為のいずれかを業として行うことをいう。
Open this provisionover-the-counter derivatives transactions, etc.
「店頭デリバティブ取引等」
An over-the-counter derivatives transaction (店頭デリバティブ取引), or intermediation, brokerage — other than clearing brokerage for securities, etc. (有価証券等清算取次ぎ) — or agency for one.
Short name set inArticle 2, paragraph (8), item (iv)
financial instruments business operator
「金融商品取引業者」
A person registered by the Prime Minister under Article 29 to carry on financial instruments business (金融商品取引業).
Defined inArticle 2, paragraph (9)· applies throughout the law
brokerage for clearing of securities, etc.machine translation
「有価証券等清算取次ぎ」
A subject transaction (対象取引) that a financial instruments business operator or registered financial institution carries out on a customer's entrustment and for the customer's account under the business rules of a financial instruments clearing organization or a foreign one, on condition that the clearing organization takes on the obligations arising from it, and in which either the customer concludes the transaction as the firm's agent or the customer specifies the counterparty and other matters a Cabinet Office Order (内閣府令) sets when entrusting it.
Defined inArticle 2, paragraph (27)· applies throughout the law
securities services
「有価証券関連業」
In Chapter III, carrying on as a business any of these: buying and selling securities, or intermediating, brokering (other than brokerage for clearing of securities, etc.) or acting as agent in such trades; intermediating, brokering or acting as agent for entrustments of securities trades on a financial instruments exchange market or a foreign financial instruments market; securities-related market and over-the-counter derivatives transactions, similar transactions on foreign markets, and intermediation, brokerage or agency for them; brokerage for clearing of securities trades and securities-related derivatives transactions; and underwriting, secondary distributions, and handling public offerings, secondary distributions and private placements of securities (Article 28, paragraph (8), items (i) to (viii)).
Defined inArticle 28, paragraph (8)· applies only in this chapter
specified over-the-counter derivatives transactionmachine translation
「特定店頭デリバティブ取引」
In Article 40-7, Article 58-2 and Article 60-14, paragraph (1), over-the-counter derivatives transactions that a Cabinet Office Order (内閣府令) specifies as needing their outline disclosed quickly to keep trading fair, given their volume and other trading conditions.
Defined inArticle 40-7, paragraph (1)· applies only in this provision and in Article 40-7, paragraph (2); Article 58-2; and Article 60-14, paragraph (1)
foreign securities services provider
「外国証券業者」
A foreign securities firm as defined in Article 58 of the Financial Instruments and Exchange Act: a person, other than a financial instruments business operator, a bank, a cooperative financial institution or another financial institution a Cabinet Order (政令) specifies, that carries on securities-related business abroad under foreign laws.
Defined inArticle 58, paragraph (1)· applies only in this section