Supplementary Provisions, Article 11Transitional Measures Concerning Surcharges
第十一条（課徴金に関する経過措置）
The provisions of Article 172, paragraphs (1) and (2) of the New Securities and Exchange Act apply to the act of causing the acquisition of securities, or selling securities, by a public offering or secondary distribution (meaning a secondary distribution of securities prescribed in Article 4, paragraph (3) of the New Securities and Exchange Act; the same applies hereinafter in this paragraph) based on a disclosure document prescribed in paragraph (1) or (2) of Article 172 of that Act that is submitted on or after the effective date, and the provisions of Article 172, paragraphs (4) and (5) of the New Securities and Exchange Act apply to the act of selling securities by a secondary distribution commenced on or after the effective date, respectively.
The provisions of Article 173 of the New Securities and Exchange Act apply to violations prescribed in paragraph (1) of that Article that are committed on or after the effective date.
新証券取引法第百七十三条の規定は、施行日以後に行われる同条第一項に規定する違反行為について適用する。
The provisions of Article 174 of the New Securities and Exchange Act apply to violations prescribed in paragraph (1) of that Article that commence on or after the effective date.
新証券取引法第百七十四条の規定は、施行日以後に開始される同条第一項に規定する違反行為について適用する。
The provisions of Article 175 of the New Securities and Exchange Act apply to the sale or purchase, etc. prescribed in Article 166, paragraph (1) of the New Securities and Exchange Act, the purchase, etc. of the specified share certificates, etc. or related share certificates, etc. prescribed in Article 167, paragraph (1) of the New Securities and Exchange Act, or the sale, etc. of the share certificates, etc. prescribed in that paragraph, that are conducted on or after the effective date.
新証券取引法第百七十五条の規定は、施行日以後に行われる新証券取引法第百六十六条第一項に規定する売買等又は新証券取引法第百六十七条第一項に規定する特定株券等若しくは関連株券等に係る買付け等若しくは同項に規定する株券等に係る売付け等について適用する。
Transitional Measures Concerning Surcharges
The provisions of Article 172, paragraphs (1) and (2) of the New Securities and Exchange Act apply to the act of causing the acquisition of securities, or selling securities…
新証券取引法第百七十二条第一項及び第二項の規定は施行日以後に提出される同条第一項又は第二項に規定する開示書類に基づく募集又は売出し（新証券取引法第四条第三項に規定する有価証券の売出しをいう。以下この項において同じ。）により有価証券を取得させ、又は売り付ける行為について…
Open this provisionsecurities
「有価証券」
Securities as this Act defines them: the instruments listed in Article 2, paragraph (1), among them national government and local government bonds, corporate bonds, share certificates and share option certificates, preferred equity investment certificates, beneficiary certificates of investment trusts and other trusts, investment securities, certain promissory notes, mortgage securities, option certificates and depositary receipts, foreign instruments of the same nature, and other instruments a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (1)· applies throughout the law
secondary distribution of securities
「有価証券の売出し」
A secondary distribution of securities: an offer to sell securities already issued, or a solicitation of offers to buy them (other than acts similar to solicitation for acquisition and acts a Cabinet Office Order (内閣府令) excludes), that, for paragraph (1) securities (第一項有価証券), is made to many persons as a Cabinet Order (政令) sets or falls under none of the exemptions for solicitations made only to qualified institutional investors, only to professional investors, or to a small number of persons, and that, for paragraph (2) securities (第二項有価証券), will lead a fairly large number of persons to hold them — not counting trades on a financial instruments exchange market and other transactions a Cabinet Order specifies.
Defined inArticle 2, paragraph (4)· applies throughout the law
the effective datemachine translation
「施行日」
The date Act No. 97 of 2004, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 1, paragraph (1)
secondary distributionmachine translation
「売出し」
In Article 11, paragraph (1) of the supplementary provisions (附則) of Act No. 97 of 2004, a secondary distribution of securities as defined in Article 4, paragraph (3) of this Act as that Act amended it.
Defined inSupplementary Provisions, Article 11, paragraph (1)· applies only in this paragraph