Supplementary Provisions, Article 9
第九条
The provisions of Article 27-22-2, paragraph (1) of the New Securities and Exchange Act (limited to item (i)) apply to the purchase set forth in that item that is conducted based on a resolution of an annual general meeting, etc. made on or after the effective date, and for the purchase prescribed in Article 27-22-2, paragraph (1) of the Former Securities and Exchange Act that is conducted based on a resolution of an annual general meeting, etc. made before the effective date, the provisions then in force continue to govern.
The provisions of Article 27-22-2, paragraph (1) of the New Securities and Exchange Act (limited to items (ii) and (iii)) apply to the purchase, etc. set forth in item (ii) or (iii) of that paragraph that is conducted on or after April 1, 1999.
新証券取引法第二十七条の二十二の二第一項(第二号及び第三号に限る。)の規定は、平成十一年四月一日以後に行われる同項第二号又は第三号に掲げる買付け等について適用する。
Supplementary Provisions, Article 10
第十条
With regard to a person who, at the time this Act comes into effect, actually falls under the category of a large-volume holder prescribed in Article 27-23, paragraph (1) of the New Securities and Exchange Act (hereinafter referred to as a "new large-volume holder" in this Article) (excluding a person who falls under the category of a large-volume holder prescribed in Article 27-23, paragraph (1) of the Former Securities and Exchange Act), the person is deemed to have become a new large-volume holder on the effective date, and the provisions of Articles 27-23 through 27-30 of the New Securities and Exchange Act (including the penal provisions pertaining to those provisions) apply; provided, however, that this does not apply if the holding ratio of share certificates, etc. prescribed in Article 27-23, paragraph (4) of the New Securities and Exchange Act has become 5 percent or less on the effective date.
In the case referred to in the preceding paragraph, special provisions on the content of statements in the statement of large-volume holdings prescribed in Article 27-23, paragraph (1) of the New Securities and Exchange Act that a new large-volume holder is to submit are specified by Cabinet Office Order.
The following reports that, at the time this Act comes into effect, are actually submitted pursuant to the provisions of Chapter II-3 of the Former Securities and Exchange Act are deemed to have been submitted pursuant to the provisions of Chapter II-3 of the New Securities and Exchange Act:
the statement of large-volume holdings prescribed in Article 27-23, paragraph (1) of the Former Securities and Exchange Act, the statement of changes prescribed in Article 27-25, paragraph (1) of the Former Securities and Exchange Act, and the amended reports for them.
the statement of large-volume holdings pertaining to share certificates, etc. subject to special provisions prescribed in Article 27-26, paragraph (1) of the Former Securities and Exchange Act, the statement of changes pertaining to share certificates, etc. subject to special provisions prescribed in paragraph (2) of that Article, and the amended reports for them.
Supplementary Provisions, Article 11
第十一条
A person who, at the time this Act comes into effect, is actually engaged in the securities business prescribed in Article 2, paragraph (8) of the New Securities and Exchange Act with regard to new securities may continue to engage in that securities business, notwithstanding the provisions of Article 28 of the New Securities and Exchange Act, for three months from the effective date (or, if a disposition of refusal of registration is made within that period pursuant to the provisions of Article 28-4 of the New Securities and Exchange Act or Article 6, paragraph (1) of the Act on Foreign Securities Firms as amended by the provisions of Article 3 (hereinafter referred to as the "New Foreign Securities Firms Act"), until the date of that disposition). The same applies, where that person has filed within that period an application for the registration referred to in Article 28 of the New Securities and Exchange Act or Article 3, paragraph (1) of the New Foreign Securities Firms Act, during the period until the day on which notice is received that registration will be made upon that application or the day on which notice is received, after the lapse of that period, that registration will not be made upon that application.
この法律の施行の際現に新有価証券につき新証券取引法第二条第八項に規定する証券業を営んでいる者については、施行日から起算して三月間(当該期間内に新証券取引法第二十八条の四の規定又は第三条の規定による改正後の外国証券業者に関する法律(以下「新外国証券業者法」という。)第六条第一項の規定による登録の拒否の処分があったときは、当該処分のあった日までの間)は、新証券取引法第二十八条の規定にかかわらず、引き続き当該証券業を営むことができる。その者が当該期間内に同条又は新外国証券業者法第三条第一項の登録の申請をした場合において当該申請について登録をする旨の通知を受ける日又は当該申請について当該期間の経過後登録をしない旨の通知を受ける日までの間も、同様とする。
Among the persons prescribed in the preceding paragraph, a person who, at the time this Act comes into effect, is actually engaged with regard to new securities in the business set forth in the items of Article 29, paragraph (1) of the New Securities and Exchange Act may continue to engage in that business, notwithstanding the provisions of Article 29, paragraph (1) of the New Securities and Exchange Act, for three months from the effective date (or, if a disposition of refusal concerning the authorization referred to in that paragraph or Article 7, paragraph (1) of the New Foreign Securities Firms Act is made within that period, until the date of that disposition). The same applies, where that person has applied within that period for the authorization referred to in Article 29 of the New Securities and Exchange Act or Article 7, paragraph (1) of the New Foreign Securities Firms Act, during the period until the day on which notice is received that authorization will be granted upon that application or the day on which notice is received, after the lapse of that period, that authorization will not be granted upon that application.
Supplementary Provisions, Article 12
第十二条
A person who, at the time this Act comes into effect, actually holds a license under Article 28 of the Former Securities and Exchange Act is deemed to have received the registration under Article 28 of the New Securities and Exchange Act on the effective date. In this case, the provisions of Article 62, paragraph (3) and Article 194-4, paragraph (1) of the New Securities and Exchange Act do not apply.
この法律の施行の際現に旧証券取引法第二十八条の免許を受けている者は、施行日において新証券取引法第二十八条の登録を受けたものとみなす。この場合において、新証券取引法第六十二条第三項及び第百九十四条の四第一項の規定は、適用しない。
A person who is deemed, pursuant to the provisions of the preceding paragraph, to have received the registration under Article 28 of the New Securities and Exchange Act (hereinafter referred to as a "deemed registered securities company") must, within two months from the effective date, submit to the Financial Reconstruction Commission a document stating the particulars set forth in the items of Article 28-2, paragraph (1) of the New Securities and Exchange Act and the documents set forth in Article 28-2, paragraph (2), items (ii) through (iv) of that Act.
When the documents prescribed in the preceding paragraph are submitted, the Financial Reconstruction Commission is to register in the securities company register the particulars set forth in the items of Article 28-2, paragraph (1) of the New Securities and Exchange Act and the particulars set forth in Article 28-3, paragraph (1), item (ii) of the New Securities and Exchange Act that are stated in those documents.
金融再生委員会は、前項に規定する書類の提出があったときは、当該書類に記載された新証券取引法第二十八条の二第一項各号に掲げる事項及び新証券取引法第二十八条の三第一項第二号に掲げる事項を証券会社登録簿に登録するものとする。
Supplementary Provisions, Article 13
第十三条
A person whose licenses of all types have been revoked, or who has been ordered to be dismissed, pursuant to the provisions of Article 35, paragraph (1) or (2) of the Former Securities and Exchange Act is deemed to have had the registration revoked, or to have been ordered to be dismissed, pursuant to the provisions of Article 56, paragraph (1) or (2) of the New Securities and Exchange Act on the day on which the person received that disposition.
旧証券取引法第三十五条第一項又は第二項の規定によりすべての種類の免許を取り消され又は解任を命ぜられた者は、その処分を受けた日において、新証券取引法第五十六条第一項又は第二項の規定により登録を取り消され又は解任を命ぜられたものとみなす。
Supplementary Provisions, Article 14
第十四条
A person who, at the time this Act comes into effect, actually holds a license under Article 28, paragraph (2), item (iii) of the Former Securities and Exchange Act is deemed to have received the authorization for the business set forth in Article 29, paragraph (1), item (ii) of the New Securities and Exchange Act on the effective date. In this case, the provisions of Article 62, paragraph (3) and Article 194-4, paragraph (1) of the New Securities and Exchange Act do not apply.
この法律の施行の際現に旧証券取引法第二十八条第二項第三号の免許を受けている者は、施行日において新証券取引法第二十九条第一項第二号に掲げる業務の認可を受けたものとみなす。この場合において、新証券取引法第六十二条第三項及び第百九十四条の四第一項の規定は、適用しない。
A person who is deemed, pursuant to the provisions of the preceding paragraph, to have received the authorization for the business set forth in Article 29, paragraph (1), item (ii) of the New Securities and Exchange Act must, within two months from the effective date, submit to the Financial Reconstruction Commission a document stating the particulars set forth in the items of Article 29-3, paragraph (1) of the New Securities and Exchange Act and the documents prescribed in paragraph (2) of that Article.
When the documents prescribed in that paragraph are submitted by the person prescribed in the preceding paragraph, the Financial Reconstruction Commission is to annotate, in that person's registration as a securities company, that the person has received the authorization for the business set forth in Article 29, paragraph (1), item (ii) of the New Securities and Exchange Act.
Supplementary Provisions, Article 15
第十五条
The provisions of Article 30, paragraphs (1) through (3) of the New Securities and Exchange Act do not apply to a deemed registered securities company until the day on which that deemed registered securities company submits the documents prescribed in Article 12, paragraph (2) of the Supplementary Provisions pursuant to the provisions of that paragraph.
The provisions of Article 30, paragraph (4) of the New Securities and Exchange Act do not apply to a person who is deemed, pursuant to the provisions of paragraph (1) of the preceding Article, to have received the authorization for the business set forth in Article 29, paragraph (1), item (ii) of the New Securities and Exchange Act, until the day on which that person submits the documents prescribed in paragraph (2) of the preceding Article pursuant to the provisions of that paragraph.
Supplementary Provisions, Article 16
第十六条
A person who, at the time this Act comes into effect, is actually a director of a deemed registered securities company and has assumed the position of director or company auditor of another company (excluding a person who has obtained the approval referred to in Article 42 of the Former Securities and Exchange Act, or in the proviso to Article 42-2, paragraph (1) or the proviso to paragraph (2) of that Article) must, notwithstanding the provisions of Article 32, paragraph (4) of the New Securities and Exchange Act, notify the Financial Reconstruction Commission to that effect within two months from the effective date.
Supplementary Provisions, Article 17
第十七条
A deemed registered securities company that, at the time this Act comes into effect, is actually engaged in a business set forth in the items of Article 34, paragraph (2) of the New Securities and Exchange Act with the approval referred to in the proviso to Article 43 of the Former Securities and Exchange Act is deemed to have made, on the effective date, the notification referred to in Article 34, paragraph (3) of the New Securities and Exchange Act for that business.
A deemed registered securities company that, at the time this Act comes into effect, is actually engaged, with the approval referred to in the proviso to Article 43 of the Former Securities and Exchange Act, in a business that falls under neither the business prescribed in Article 34, paragraph (1) of the New Securities and Exchange Act nor the businesses set forth in the items of paragraph (2) of that Article is deemed to have received, on the effective date, the approval referred to in paragraph (4) of that Article for that business. In this case, the provisions of Article 62, paragraph (3) of the New Securities and Exchange Act do not apply.
Supplementary Provisions, Article 18
第十八条
A confirmation referred to in the proviso to Article 50-3, paragraph (3) of the Former Securities and Exchange Act that was given before the effective date is deemed to be a confirmation referred to in the proviso to Article 42-2, paragraph (3) of the New Securities and Exchange Act.
施行日前にされた旧証券取引法第五十条の三第三項ただし書の確認は、新証券取引法第四十二条の二第三項ただし書の確認とみなす。
Supplementary Provisions, Article 19
第十九条
An approval referred to in the proviso to Article 50-2 of the Former Securities and Exchange Act that was given before the effective date is deemed to be an approval referred to in the proviso to Article 45 of the New Securities and Exchange Act.
施行日前にされた旧証券取引法第五十条の二ただし書の承認は、新証券取引法第四十五条ただし書の承認とみなす。
Supplementary Provisions, Article 20
第二十条
The provisions of Article 47 of the New Securities and Exchange Act do not apply to a deemed registered securities company until March 31, 1999.
新証券取引法第四十七条の規定は、みなし登録証券会社については、平成十一年三月三十一日までの間は、適用しない。
Supplementary Provisions, Article 21
第二十一条
The provisions of Article 49, paragraphs (1) and (3) of the New Securities and Exchange Act apply to the business report referred to in paragraph (1) of that Article for a business year ending on or after the effective date, and for the business report referred to in Article 53, paragraph (1) of the Former Securities and Exchange Act for a business year ending before the effective date, the provisions then in force continue to govern.
新証券取引法第四十九条第一項及び第三項の規定は、施行日以後に終了する営業年度に係る同条第一項の営業報告書について適用し、施行日前に終了した営業年度に係る旧証券取引法第五十三条第一項の営業報告書については、なお従前の例による。
Supplementary Provisions, Article 22
第二十二条
The provisions of Article 50 of the New Securities and Exchange Act apply to the explanatory documents prescribed in that Article for a business year ending on or after the effective date.
新証券取引法第五十条の規定は、施行日以後に終了する営業年度に係る同条に規定する説明書類について適用する。
Supplementary Provisions, Article 23
第二十三条
The provisions of Article 51 of the New Securities and Exchange Act apply, with regard to a deemed registered securities company, to the accumulation of the securities transaction liability reserve under paragraph (1) of that Article for a business year commencing on or after the effective date, and the provisions then in force continue to govern the accumulation of the securities transaction liability reserve under Article 59, paragraph (1) of the Former Securities and Exchange Act for a business year that commenced before the effective date.
The securities transaction liability reserve under Article 59, paragraph (1) of the Former Securities and Exchange Act that exists at the time this Act comes into effect with regard to a deemed registered securities company, and the securities transaction liability reserve under paragraph (1) of that Article in the case where the provisions then in force continue to govern pursuant to the provisions of the preceding paragraph, are deemed to have been accumulated as the securities transaction liability reserve under Article 51, paragraph (1) of the New Securities and Exchange Act.
The approval under the proviso to Article 59, paragraph (2) of the Former Securities and Exchange Act that was given before the effective date is deemed to be the approval under the proviso to Article 51, paragraph (2) of the New Securities and Exchange Act.
施行日前にされた旧証券取引法第五十九条第二項ただし書の承認は、新証券取引法第五十一条第二項ただし書の承認とみなす。
With regard to a person who, at the time this Act comes into effect, actually falls under the category of a large-volume holder prescribed in Article 27-23…
この法律の施行の際現に新証券取引法第二十七条の二十三第一項に規定する大量保有者(以下この条において「新大量保有者」という。)に該当する者(旧証券取引法第二十七条の二十三第一項に規定する大量保有者に該当する者を除く。)については、施行日に新大量保有者となったものとみなして…
Open this provisionWith regard to a person who, at the time this Act comes into effect, actually falls under the category of a large-volume holder prescribed in Article 27-23…
この法律の施行の際現に新証券取引法第二十七条の二十三第一項に規定する大量保有者(以下この条において「新大量保有者」という。)に該当する者(旧証券取引法第二十七条の二十三第一項に規定する大量保有者に該当する者を除く。)については、施行日に新大量保有者となったものとみなして…
Open this provisionA person who, at the time this Act comes into effect, is actually engaged in the securities business prescribed in Article 2, paragraph (8) of the New Securities and Exchange Act with regard to new…
この法律の施行の際現に新有価証券につき新証券取引法第二条第八項に規定する証券業を営んでいる者については、施行日から起算して三月間(当該期間内に新証券取引法第二十八条の四の規定又は第三条の規定による改正後の外国証券業者に関する法律(以下「新外国証券業者法」という。)第六条第一項の規定による登録の拒否の処分があったときは…
Open this provisionA person who, at the time this Act comes into effect, actually holds a license under Article 28 of the Former Securities and Exchange Act is deemed to have received the registration under Article 28…
この法律の施行の際現に旧証券取引法第二十八条の免許を受けている者は、施行日において新証券取引法第二十八条の登録を受けたものとみなす。この場合において、新証券取引法第六十二条第三項及び第百九十四条の四第一項の規定は、適用しない。
Open this provisionA person who is deemed, pursuant to the provisions of the preceding paragraph, to have received the registration under Article 28 of the New Securities and Exchange Act…
前項の規定により新証券取引法第二十八条の登録を受けたものとみなされる者(以下「みなし登録証券会社」という。)は、施行日から起算して二月以内に新証券取引法第二十八条の二第一項各号に掲げる事項を記載した書類及び同条第二項第二号から第四号までに掲げる書類を金融再生委員会に提出しなければならない。
Open this provisionA person who, at the time this Act comes into effect, actually holds a license under Article 28, paragraph (2), item (iii) of the Former Securities and Exchange Act is deemed to have received the…
この法律の施行の際現に旧証券取引法第二十八条第二項第三号の免許を受けている者は、施行日において新証券取引法第二十九条第一項第二号に掲げる業務の認可を受けたものとみなす。この場合において、新証券取引法第六十二条第三項及び第百九十四条の四第一項の規定は、適用しない。
Open this provisionA person who is deemed, pursuant to the provisions of the preceding paragraph, to have received the authorization for the business set forth in Article 29, paragraph (1)…
前項の規定により新証券取引法第二十九条第一項第二号に掲げる業務の認可を受けたものとみなされる者は、施行日から起算して二月以内に新証券取引法第二十九条の三第一項各号に掲げる事項を記載した書類及び同条第二項に規定する書類を金融再生委員会に提出しなければならない。
Open this provisionThe provisions of Article 51 of the New Securities and Exchange Act apply, with regard to a deemed registered securities company, to the accumulation of the securities transaction liability reserve…
新証券取引法第五十一条の規定は、みなし登録証券会社については、施行日以後に開始する営業年度に係る同条第一項の証券取引責任準備金の積立てについて適用し、施行日前に開始した営業年度に係る旧証券取引法第五十九条第一項の証券取引責任準備金の積立てについては、なお従前の例による。
Open this provisionstatement of large-volume holdings
「大量保有報告書」
The report a large-volume holder (大量保有者) of share certificates, etc. (株券等) must submit to the Prime Minister on its holding ratio, the source of its acquisition funds, its purpose in holding them and other particulars a Cabinet Office Order (内閣府令) specifies.
Short name set inArticle 27-23, paragraph (1)
holding ratio of share certificates, etc.machine translation
「株券等保有割合」
In Chapter II-3, the ratio of the share certificates, etc. (株券等) a holder holds — less those it must deliver after selling them through margin transactions or similar transactions, and with those of its joint holders (共同保有者) added — to the issuer's total issued shares plus the share certificates, etc. other than shares that the holder and its joint holders hold, each counted as Cabinet Office Orders (内閣府令) set.
Defined inArticle 27-23, paragraph (4)
statement of changes
「変更報告書」
The report on the changed particulars that a person required to submit a statement of large-volume holdings (大量保有報告書) must submit to the Prime Minister when, after becoming a large-volume holder (大量保有者), its holding ratio of share certificates, etc. (株券等保有割合) rises or falls by one percentage point or more — other than where the total number of share certificates, etc. it holds is unchanged — or another material change a Cabinet Order (政令) specifies occurs.
Short name set inArticle 27-25, paragraph (1)
new securitiesmachine translation
「新有価証券」
In Articles 2 and 11 of the supplementary provisions (附則) of Act No. 107 of 1998, the securities listed in Article 2, paragraph (1) of this Act as amended by Article 1 of that Act, and the rights listed in paragraph (2) of that Article, other than those those paragraphs already listed before that amendment.
Defined inSupplementary Provisions, Article 2, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 11
New 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)
resolution of an annual general meeting, etc.machine translation
「定時総会決議等」
In Article 8, paragraph (1) and Article 9 of the supplementary provisions (附則) of Act No. 107 of 1998, a resolution of an annual general meeting under the provisions that paragraph cites, or a board of directors' resolution under Article 3, paragraph (1) of a 1997 law on special rules for procedures to cancel shares (Act No. 55 of 1997), on which a company bases a purchase of its own shares.
Short name set inSupplementary Provisions, Article 8, paragraph (1)· applies only in this paragraph and in Supplementary Provisions, Article 9
new large-volume holdermachine translation
「新大量保有者」
In Article 10 of the supplementary provisions (附則) of Act No. 107 of 1998, a large-volume holder (大量保有者) as provided in Article 27-23, paragraph (1) of this Act as amended by Article 1 of that Act.
Short name set inSupplementary Provisions, Article 10, paragraph (1)· applies only in this article
New Foreign Securities Firms Actmachine translation
「新外国証券業者法」
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 amended by Article 3 of that Act.
Short name set inSupplementary Provisions, Article 11, paragraph (1)
deemed registered securities companymachine translation
「みなし登録証券会社」
In the supplementary provisions (附則) of Act No. 107 of 1998, a person that held a license under Article 28 of this Act as it stood before Act No. 107 of 1998 amended it when that Act came into effect, and that Article 12, paragraph (1) of those supplementary provisions therefore treats as registered under Article 28 of this Act as Act No. 107 of 1998 amended it, under its former title (証券取引法).
Short name set inSupplementary Provisions, Article 12, paragraph (2)
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.