Supplementary Provisions, Article 53
第五十三条
With regard to a request for review concerning the inaction, before the effective date, of a securities dealers association (meaning the securities dealers association prescribed in Article 2, paragraph (13) of the Former Securities and Exchange Act; the same applies hereinafter) that conducts, pursuant to the provisions of Article 64-7, paragraph (1) of the Former Securities and Exchange Act, the registration work (meaning the registration work prescribed in that paragraph), in connection with an application for registration under Article 64, paragraph (1) of the Former Securities and Exchange Act, or concerning the refusal of registration under Article 64-2, paragraph (1) of the Former Securities and Exchange Act or a disposition under Article 64-5, paragraph (1) of the Former Securities and Exchange Act by that association before the effective date, the provisions then in force continue to govern.
旧証券取引法第六十四条の七第一項の規定により登録事務（同項に規定する登録事務をいう。）を行う証券業協会（旧証券取引法第二条第十三項に規定する証券業協会をいう。以下同じ。）の施行日前における旧証券取引法第六十四条第一項の登録の申請に係る不作為、旧証券取引法第六十四条の二第一項の規定による登録の拒否又は旧証券取引法第六十四条の五第一項の規定による処分に係る審査請求については、なお従前の例による。
A disposition made before the effective date pursuant to the provisions of Article 64-7, paragraph (6) of the Former Securities and Exchange Act is deemed to be a disposition made pursuant to the provisions of Article 64-7, paragraph (7) of the New Financial Instruments and Exchange Act.
施行日前にされた旧証券取引法第六十四条の七第六項の規定による処分は、新金融商品取引法第六十四条の七第七項の規定による処分とみなす。
(Delegation of Registration Work)
If the sales representative of a financial instruments business operator, etc. which belongs to an association that does registration work pursuant to the provisions of paragraph (1) falls under any…
内閣総理大臣は、第一項の規定により登録事務を行う協会に所属する金融商品取引業者等の外務員が第六十四条の五第一項第一号から第三号までのいずれかに該当するにもかかわらず、当該協会が同項に規定する措置をしない場合において、公益又は投資者保護のため必要かつ適当であると認めるときは…
Open this provisionthe effective datemachine translation
「施行日」
The date Act No. 65 of 2006, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 1, paragraph (1)
New Financial Instruments and Exchange Actmachine translation
「新金融商品取引法」
This Act as amended by Article 3 of Act No. 65 of 2006.
Short name set inSupplementary Provisions, Article 14, paragraph (1)
Former Securities and Exchange Actmachine translation
「旧証券取引法」
This Act as it stood before Article 3 of Act No. 65 of 2006 amended it.
Short name set inSupplementary Provisions, Article 14, paragraph (1)
securities dealers associationmachine translation
「証券業協会」
In the supplementary provisions (附則) of Act No. 65 of 2006, from Article 53 on, a securities dealers association as defined in Article 2, paragraph (13) of this Act under its former title (証券取引法), as it stood before that Act amended it.
Defined inSupplementary Provisions, Article 53, paragraph (1)
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.