Supplementary Provisions, Article 43
第四十三条
Until the day specified by Cabinet Order, the fund may, notwithstanding Article 79-49 of the New Securities and Exchange Act, with regard to the lending of funds made before the effective date to a securities company or foreign securities company in respect of which any of the following events has occurred, that are specified by Cabinet Office Order and Ministry of Finance Order as found to contribute to the protection of investors, acquire the claims pertaining to those loans from the person who made them:
the abolition of all securities business (for a foreign securities company, meaning the abolition of all securities business at its branch) or the dissolution of a securities company or foreign securities company;
revocation of a license pursuant to Article 35, paragraph (1) of the Former Securities and Exchange Act or Article 12, paragraph (1) of the Former Foreign Securities Firms Act;
旧証券取引法第三十五条第一項又は旧外国証券業者法第十二条第一項の規定による免許の取消し
an order to suspend all or part of business pursuant to Article 35, paragraph (1) of the Former Securities and Exchange Act or Article 12, paragraph (1) of the Former Foreign Securities Firms Act (limited to one made in a case that falls under Article 35, paragraph (1), item (iii) of the Former Securities and Exchange Act or Article 12, paragraph (1), item (iii) of the Former Foreign Securities Firms Act), or an order to suspend all or part of business pursuant to Article 54, paragraph (2) of the Former Securities and Exchange Act (including as applied mutatis mutandis pursuant to Article 20 of the Former Foreign Securities Firms Act).
旧証券取引法第三十五条第一項又は旧外国証券業者法第十二条第一項の規定による業務の全部若しくは一部の停止の命令（旧証券取引法第三十五条第一項第三号又は旧外国証券業者法第十二条第一項第三号に該当する場合においてなされたものに限る。）又は旧証券取引法第五十四条第二項（旧外国証券業者法第二十条において準用する場合を含む。）の規定による業務の全部若しくは一部の停止の命令
The Prime Minister and the Minister of Finance may request an authorized fund to acquire claims pursuant to the provisions of the preceding paragraph.
The acquisition of claims pursuant to the provisions of paragraph (1) may not be carried out without a resolution of the general meeting of the fund.
When the president of the fund intends to submit to the general meeting a proposal pertaining to the acquisition of claims pursuant to the provisions of paragraph (1), the president must in advance hear the opinion of the governing board prescribed in Article 79-45, paragraph (1) of the New Securities and Exchange Act.
In the case where the fund carries out services pertaining to the acquisition of claims pursuant to the provisions of paragraph (1), those services are deemed to be services set forth in Article 79-49, item (ii) of the New Securities and Exchange Act, and the provisions of Articles 79-63, 79-72, and 208, item (xi) of the New Securities and Exchange Act apply.
Until the day specified by Cabinet Order, the fund may, notwithstanding Article 79-49 of the New Securities and Exchange Act, with regard to the lending of funds made before the effective date to a…
基金は、政令で定める日までの間、新証券取引法第七十九条の四十九の規定にかかわらず、次に掲げる事由のいずれかが生じた証券会社又は外国証券会社に対して施行日前に行われた資金の貸付けのうち、投資者の保護に資すると認められるものとして内閣府令・財務省令で定めるものについて…
Open this provisionNew Securities and Exchange Actmachine translation
「新証券取引法」
This Act as amended by Article 1 of Act No. 107 of 1998.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the effective datemachine translation
「施行日」
The date Act No. 107 of 1998, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
Former Securities and Exchange Actmachine translation
「旧証券取引法」
This Act as it stood before Article 1 of Act No. 107 of 1998 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
fund
「基金」
In the supplementary provisions (附則) of Act No. 107 of 1998, an investor protection fund (投資者保護基金) as provided for in Article 79-21 of this Act as that Act amended it.
Short name set inSupplementary Provisions, Article 40, paragraph (1)
foreign securities companymachine translation
「外国証券会社」
In Articles 40 and 43 of the supplementary provisions (附則) of Act No. 107 of 1998, a foreign securities company as defined in Article 2, item (ii) of the law on foreign securities firms (外国証券業者に関する法律) as it stood before Article 3 of that Act amended it.
Defined inSupplementary Provisions, Article 40, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 43, paragraph (1)
Former Foreign Securities Firms Actmachine translation
「旧外国証券業者法」
In the supplementary provisions (附則) of Act No. 107 of 1998, the law on foreign securities firms (外国証券業者に関する法律) as it stood before Article 3 of that Act amended it.
Short name set inSupplementary Provisions, Article 40, paragraph (1)
securities companymachine translation
「証券会社」
In Article 40, paragraph (1) and Article 43, paragraph (1) of the supplementary provisions (附則) of Act No. 107 of 1998, a securities company as defined in Article 2, paragraph (9) of this Act under its former title (証券取引法), as it stood before that Act amended it.
Defined inSupplementary Provisions, Article 40, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 43, paragraph (1)
authorized fundmachine translation
「認可基金」
In Articles 42 and 43 of the supplementary provisions (附則) of Act No. 107 of 1998, the investor protection fund (基金) whose acceptance of the offer of the Deposited Securities Compensation Fund (寄託証券補償基金) to hand over all its business, assets and liabilities was authorized by the Minister of Finance (大蔵大臣) under paragraph (3) of Article 42; it took them over on the day it was established, or on the day of the authorization if that was later, and the Deposited Securities Compensation Fund was then dissolved.
Short name set inSupplementary Provisions, Article 42, paragraph (4)· applies only in this article and in Supplementary Provisions, Article 43
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.