Supplementary Provisions, Article 3-3Special Provisions on Specially Permitted Services for the Transitional Period

一the person's trade name or name;

二the amount of stated capital or total amount of contributions, if it is a corporation;

三the names of its officers, if it is a corporation (including the domestic representative, if it is a foreign corporation);

四if the person has an employee specified by Cabinet Order, the name of that employee;

五the type of business (meaning the type of business related to the acts set forth in the items of paragraph (5));

六the name and location of the person's principal business office or office (if it is a foreign corporation, including the principal business office or office in Japan);

七the name and location of the business office or office for performing specially permitted services for the transitional period;

八if it entrusts investment management-related services, that fact, the trade name, name, or personal name of the entrustee and the content of the investment management-related services entrusted to that entrustee, and other particulars specified by Cabinet Office Order;

九if the person engages in other business, the business type; and

十other particulars specified by Cabinet Office Order.

一a person falling under any of the following sub-items:

イa person that has not obtained the registration of the same kind as the registration referred to in Article 29 (including permission or any other administrative disposition similar to such a registration) for conducting investment management business in a foreign country (limited to a foreign country specified by Cabinet Office Order as a country or region that has a system concerning persons engaging in investment management business that is found to be at a level equivalent to that of Japan in protecting investors; the same applies in (b) of this item, (d) of the following item, and paragraph (5), item (i)) pursuant to the provisions of laws and regulations of that foreign country;

ロa person for whom the period specified by Cabinet Order that starts to run from the time investment management business has been commenced in a foreign country based on foreign laws and regulations has not passed (excluding a person falling under a case specified by Cabinet Order);

ハa person that falls under any of Article 29-4, paragraph (1), item (i), (a) through (c);

ニa person falling under any of the following:

（１）a person that is found likely to damage the credibility of specially permitted services for the transitional period in light of the person's relationship with an organized crime group prescribed in Article 2, item (ii) of the Act on Prevention of Unjust Acts by Organized Crime Group Members or a member of an organized crime group prescribed in item (vi) of that Article, or other circumstances;

（２）any other person that falls under the criteria specified by Cabinet Office Order as a person that does not have a sufficient personnel structure to perform specially permitted services for the transitional period in an appropriate manner;

ホa person specified by Cabinet Office Order as a person that is found not to have in place the necessary system for performing specially permitted services for the transitional period in an appropriate manner; or

ヘa person mainly engaged in investing property subject to investment (meaning money and other property invested by that person on behalf of a right holder prescribed in Article 42, paragraph (1)) as an investment in securities set forth in Article 2, paragraph (1), item (ix) and other securities specified by Cabinet Order;

二if the person is a corporation, a person that falls under any of the following sub-items:

イa person that falls under Article 29-4, paragraph (1), item (ii);

ロa person that does not have a business office or office in Japan;

ハa foreign corporation that has not designated a domestic representative;

ニa foreign corporation that has not been given the assurance referred to in Article 189, paragraph (2), item (i) by the foreign regulatory authority for financial instruments prescribed in paragraph (1) of that Article in a foreign country where its principal business office or office, or its business office or office for performing investment management business is located;

ホa person that has a person falling under Article 29-4, paragraph (1), item (v), (d) 1. or 2. among their major shareholders that is an individual (meaning the major shareholders prescribed in paragraph (2) of that Article; if the corporation is a subsidiary company of a holding company (meaning the subsidiary company prescribed in paragraph (4) of that Article; the same applies in paragraph (7)), including the major shareholders of the holding company; the same applies in (f)); or

ヘa person that has a person falling under one of Article 29-4, paragraph (1), item (v), (e) 1. through 3. among their major shareholders that are corporations; or

トa person that is found not to have secured, for each of the specially permitted services for the transitional period subject to the notification, officers (including a person that is found to have at least the same amount of authority as a director, executive officer, or person equivalent thereto over the corporation, irrespective of whether the person is an advisor, consultant, or holds any other title; the same applies in (g)) or employees who have the sufficient knowledge and experience necessary for its execution; provided, however, that with regard to investment management-related services in the case where the person making the notification entrusts those investment management-related services to an investment management-related services contractor (limited to one that has been registered as referred to in Article 66-71 or has had a change registered as referred to in Article 66-75, paragraph (4) for conducting those investment management-related services), it is sufficient to have secured officers or employees who have the ability to appropriately supervise those services.

三if the person is an individual, a person that falls under any of the following sub-items:

イa person that falls under Article 29-4, paragraph (1), item (iii), (b); or

ロa person that has an address in a foreign country.

ハa person that is found not to have the sufficient knowledge and experience necessary for the execution of each of the specially permitted services for the transitional period subject to the notification; provided, however, that with regard to investment management-related services in the case where the person making the notification entrusts those investment management-related services to an investment management-related services contractor (limited to one that has been registered as referred to in Article 66-71 or has had a change registered as referred to in Article 66-75, paragraph (4) for conducting those investment management-related services), it is sufficient to be a person who has the ability to appropriately supervise those services.

一the following acts connected with the investment management business conducted in a foreign country based on foreign laws and regulations:

イthe act set forth in Article 2, paragraph (8), item (xii) performed based on a discretionary investment contract (limited to those concluded only with foreign investors, etc. (limited to those that do not fall under any of the following persons)) (excluding acts specified by Cabinet Office Order as those likely to compromise the protection of investors):

（１）a special purpose company (meaning a special purpose company prescribed in Article 2, paragraph (3) of the Act on the Securitization of Assets) that issues asset backed securities (meaning asset backed securities prescribed in paragraph (11) of that Article) which have been acquired by persons other than foreign investors, etc.;

（２）the business operator or a person seeking to become a business operator in a silent partnership agreement (meaning a silent partnership agreement prescribed in Article 535 of the Commercial Code) that concerns the rights set forth in Article 2, paragraph (2), item (v) or (vi) and that has a person other than a foreign investor, etc. as a silent partner; and

（３）a person specified by Cabinet Office Order as a person equivalent to the persons set forth in (1) or (2);

ロthe act set forth in Article 2, paragraph (8), item (xiv), which is to invest money contributed by a foreign investor, etc. that holds rights indicated on the beneficiary certificates of a foreign investment trust prescribed in paragraph (1), item (x) of that Article (limited to rights held only by foreign investors, etc. (limited to those that do not fall under any of sub-item (a) 1. through 3.; hereinafter the same applies in this paragraph)) (excluding acts specified by Cabinet Office Order as those likely to compromise the protection of investors);

ハthe act set forth in Article 2, paragraph (8), item (xv), which is to invest money (including things specified by Cabinet Order as being similar to money) that has been invested or contributed by a foreign investor, etc. that holds rights set forth in Article 2, paragraph (2), item (vi) (limited to rights related to the same business subject to investment (meaning a business subject to investment provided for in item (v) of that paragraph) in which foreign investors, etc. are the only holders of those rights) (excluding the acts specified by Cabinet Office Order as those likely to compromise the protection of investors); or

二the following acts connected with the acts set forth in the preceding item:

イthe handling of public offering or handling of private placement related to beneficiary certificates of a foreign investment trust prescribed in Article 2, paragraph (1), item (x), foreign investment securities prescribed in item (xi) of that paragraph, or rights set forth in paragraph (2), item (vi) of that Article, which is carried out with foreign investors, etc. in connection with an act set forth in (a) of the preceding item performed by a person (limited to handling of public offering or handling of private placement specified by Cabinet Order as having little likelihood of persons that are not foreign investors, etc. to acquire those securities and excluding handling specified by Cabinet Office Order as that likely to compromise the protection of investors);

ロthe public offering or private placement of beneficiary certificates of a foreign investment trust prescribed in Article 2, paragraph (1), item (x), which is carried out with foreign investors, etc. in connection with an act set forth in (b) of the preceding item performed by a person (limited to public offering or private placement specified by Cabinet Order as having little likelihood of allowing persons that are not foreign investors, etc. to acquire the beneficiary certificates and excluding offering or placement specified by Cabinet Office Order as that likely to compromise the protection of investors); and

ハthe public offering or private placement of rights set forth in Article 2, paragraph (2), item (vi), which is carried out with foreign investors, etc. in connection with an act set forth in (c) of the preceding item performed by a person (limited to public offering or private placement specified by Cabinet Order as having little likelihood of allowing persons that are not foreign investors, etc. to acquire the rights and excluding those specified by Cabinet Office Order as being likely to compromise the protection of investors).

一a foreign corporation or an individual that has an address in a foreign country;

二in addition to the persons set forth in the preceding item, a person specified by Cabinet Order as being closely related to a foreign investment management business operator; and

三a person that is specified by Cabinet Office Order as a person equivalent to the persons set forth in the preceding two items.