Every term this law . Its definitions bind only this law — each entry says where the definition applies and links to the sentence that settles it. 49 terms: 31 with the Ministry of Justice's English, 18 in our translation, marked as such.
Any person who carries on commerce, manufacturing, finance or any other business; for the definition of a trade association (事業者団体) in Article 2, paragraph (2) and for the agreements and codes of Article 36, an officer, employee, agent or other person acting for the benefit of such a person is treated as that business operator too.
商業、工業、金融業その他の事業を行う者
認定
The Prime Minister's approval under Article 10, paragraph (1) of a plan for implementing refund measures (実施予定返金措置計画), including approval of a change to it under paragraph (6) of that Article.
An advertisement or other representation that a business operator makes, as a means of attracting customers, about the content, terms of trade or other matters of a deal in the goods or services it supplies, and that the Prime Minister designates.
顧客を誘引するための手段として、事業者が自己の供給する商品又は役務の内容又は取引条件その他これらの取引に関する事項について行う広告その他の表示であつて、内閣総理大臣が指定するもの
Measures that a person notified under Article 26 about ongoing conduct suspected of breaching the limits on premiums (景品類) under Article 4 or the ban on misleading representations in Article 5 devises itself to correct that conduct and its effects, and intends to carry out under a plan it submits to the Prime Minister for approval.
The Prime Minister's order under Article 8, paragraph (1) that a business operator pay into the national treasury an administrative monetary penalty (課徴金) for an act subject to administrative monetary penalty (課徴金対象行為), in principle 3% of its sales of the goods or services concerned during the period subject to administrative monetary penalty (課徴金対象期間).
景品類
Goods, money or any other economic benefit that a business operator gives the other party along with a deal in the goods or services it supplies (real estate deals included), as a means of attracting customers, whether directly or indirectly and whether by lottery or not, and that the Prime Minister designates.
顧客を誘引するための手段として、その方法が直接的であるか間接的であるかを問わず、くじの方法によるかどうかを問わず、事業者が自己の供給する商品又は役務の取引(不動産に関する取引を含む。以下同じ。)に付随して相手方に提供する物品、金銭その他の経済上の利益であつて、内閣総理大臣が指定するもの
返金措置
Handing money (or payment instruments other than money (金銭以外の支払手段), to those who agree to take them) of at least 3% of the purchase amount, calculated by a method a Cabinet Order (政令) sets, to general consumers who dealt in the goods or services during the period subject to administrative monetary penalty (課徴金対象期間), are identified as a Cabinet Order sets, and ask for it.
Conduct by a business operator that breaches Article 5 through a representation misleadingly presenting goods or services as markedly better in quality or other content, or markedly more favourable in price or other terms of trade (a breach through a representation under item (iii) of that Article is excluded); Article 8 provides an administrative monetary penalty (課徴金) for it.
実施予定返金措置
The refund measures (返金措置) that a person notified under Article 15, paragraph (1) of a proposed payment order for an administrative monetary penalty (課徴金納付命令) intends to carry out, for which it can seek the Prime Minister's approval under Article 10.
Conduct by a business operator that breaches Article 5 through a representation misleadingly presenting goods or services as markedly better in quality or other content, or markedly more favourable in price or other terms of trade (a breach through a representation under item (iii) of that Article is excluded); Article 8 provides an administrative monetary penalty (課徴金) for it.
The date the amending law or Ministerial Order these supplementary provisions belong to comes into effect.
The date Act No. 29 of 2023, the amending Act these supplementary provisions (附則) belong to, comes into effect.
是正措置計画
The plan for the corrective measures (是正措置) that a person notified under Article 26 intends to carry out, which it prepares and submits to the Prime Minister within 60 days of receiving the notice, applying for approval.
This Act as amended by Act No. 45 of 2003.
This Act as amended by Act No. 118 of 2014.
The Act as amended by the amendment these supplementary provisions belong to.
実施予定返金措置計画
The plan for the refund measures (返金措置) that a person notified under Article 15, paragraph (1) intends to carry out, which it prepares and submits to the Prime Minister for approval by the deadline for submitting its written explanation (弁明書).
Measures that a person notified under Article 30 about past conduct suspected of breaching the limits on premiums (景品類) under Article 4 or the ban on misleading representations in Article 5 devises itself to correct that conduct's effects, and intends to carry out under a plan it submits to the Prime Minister for approval.
事業者団体
A combination of two or more business operators (事業者), or a federation of such combinations, whose main purpose is to advance their common interests as business operators, including associations, foundations and partnerships of the kinds Article 2, paragraph (2) lists, but not one that has capital or contributions from its members and mainly carries on, and actually carries on, a business for profit.
事業者としての共通の利益を増進することを主たる目的とする二以上の事業者の結合体又はその連合体
An order the Prime Minister makes under Article 7, paragraph (1) against a breach of the limits on premiums (景品類) under Article 4 or of the ban on misleading representations in Article 5, requiring the conduct to stop, steps to prevent it happening again, a public notice about them, or other necessary steps.
The guidelines the Prime Minister sets so that business operators properly and effectively carry out the measures Article 22, paragraph (1) requires of them, such as setting up the systems needed to manage properly the premiums (景品類) they offer and their representations about the quality and content of their goods and services.
影響是正措置計画
The plan for the impact corrective measures (影響是正措置) that a person notified under Article 30 intends to carry out, which it prepares and submits to the Prime Minister within 60 days of receiving the notice, applying for approval.
A person whose plan for implementing refund measures (実施予定返金措置計画) the Prime Minister has approved under Article 10, paragraph (1).
A qualified consumer organization as defined in Article 2, paragraph (4) of the Consumer Contract Act: a consumer organization (消費者団体) that is a corporation and that the Prime Minister has certified as fit to demand injunctions (差止請求) in the interest of consumers at large; under Article 34 of this Act it can demand that a business operator stop or prevent representations misleading many unspecified consumers about the quality or the terms of goods or services.
This Act as it stood before Article 12 of Act No. 49 of 2009 amended it.
The period during which a business operator carried out the act subject to administrative monetary penalty (課徴金対象行為), extended, where it went on dealing in the goods or services concerned after stopping, to its last such deal within six months of stopping (or before the earlier day on which it took the steps a Cabinet Office Order (内閣府令) sets to remove the risk of misleading consumers), and cut to the last three years where it is longer.
課徴金対象行為をした期間(課徴金対象行為をやめた後そのやめた日から六月を経過する日(同日前に、当該事業者が当該課徴金対象行為に係る表示が不当に顧客を誘引し、一般消費者による自主的かつ合理的な選択を阻害するおそれを解消するための措置として内閣府令で定める措置をとつたときは、その日)までの間に当該事業者が当該課徴金対象行為に係る商品又は役務の取引をしたときは、当該課徴金対象行為をやめてから最後に当該取引をした日までの期間を加えた期間とし、当該期間が三年を超えるときは、当該期間の末日から遡つて三年間とする。)
The document setting out the explanation (弁明) that a person who is to receive a payment order for an administrative monetary penalty (課徴金納付命令) gives in their defence; the explanation is given by submitting it unless the Prime Minister allows it to be given orally.
The investigation of a criminal case in a foreign country (only after the facts of the offence have been identified) or its trial, in which information the Prime Minister gave a foreign enforcement authority (外国執行当局) under Article 41, paragraph (1) may not be used without the Prime Minister's consent.
The laws that Act No. 49 of 2009, the amending law these supplementary provisions (附則) belong to, changed, as amended by it, together with the orders (命令) made under them.
The laws that Act No. 49 of 2009, the amending law these supplementary provisions (附則) belong to, changed, as they stood before it, together with the orders (命令) made under them.
This Act as amended by Article 12 of Act No. 49 of 2009.
A business operator (事業者) that is a member of a trade association (事業者団体).
事業者団体の構成員である事業者
認定実施予定返金措置計画
The plan for implementing refund measures (実施予定返金措置計画) as approved by the Prime Minister under Article 10, paragraph (1), or, where a change has been approved under paragraph (6) of that Article, as changed.
A person who has received the notice under Article 15, paragraph (1) of a proposed payment order for an administrative monetary penalty (課徴金納付命令), including one treated as having received it after it was made public under paragraph (2) of that Article because the person could not be found.
A foreign authority that enforces foreign laws and regulations equivalent to this Act, to which the Prime Minister may give information that helps it perform duties equivalent to those under this Act.
基準日
The earliest date on which, in the case concerning an act subject to administrative monetary penalty (課徴金対象行為), any of these took place: a demand for a report, an order to submit books, documents or other items, an on-site inspection or questioning under Article 25, paragraph (1); a request under Article 8, paragraph (3) for materials backing a representation; or the notice under Article 15, paragraph (1).
同項に規定する課徴金対象行為に係る事案について、次に掲げる行為が行われた日のうち最も早い日
The investigative steps the Prime Minister can take under Article 25, paragraph (1): requiring a report, ordering books, documents or other items to be submitted, an on-site inspection, or questioning.
第二十五条第一項の規定による報告の徴収、帳簿書類その他の物件の提出の命令、立入検査又は質問
子会社
Another company in which a company holds more than half of the voting rights of all its shareholders or members (leaving out shares that cannot vote on any matter at a shareholders meeting, and counting shares treated as carrying votes under Article 879, paragraph (3) of the Companies Act); a company in which the company together with its subsidiaries, or its subsidiaries alone, hold such a majority is treated as its subsidiary too.
会社がその総株主(総社員を含む。以下この項において同じ。)の議決権(株主総会において決議をすることができる事項の全部につき議決権を行使することができない株式についての議決権を除き、会社法(平成十七年法律第八十六号)第八百七十九条第三項の規定により議決権を有するものとみなされる株式についての議決権を含む。以下この項において同じ。)の過半数を有する他の会社
Together, the authority delegated to the Commissioner of the Financial Services Agency (金融庁長官) under Article 38, paragraph (3) to demand reports, order documents, inspect and question under Article 25, paragraph (1), and the Commissioner's authority under paragraph (4) of that Article to report the results to the Commissioner of the Consumer Affairs Agency (消費者庁長官).
The foreign country whose foreign enforcement authority (外国執行当局) asks the Prime Minister to consent to information given under Article 41, paragraph (1) being used in the investigation or trial of a criminal case there.
In the supplementary provisions of Act No. 87 of 1999, work of the State, of another local government or of another public body that an organ of a local government managed or carried out under an Act (法律) or a Cabinet Order (政令) before that Act comes into effect, which the local government then handles as its own affairs.
The government agency ranking above the one that made a decision, which hears administrative appeals against that decision.
金銭以外の支払手段
Prepaid payment instruments under Article 3, paragraph (1), item (i) of the Payment Services Act issued by a third-party type issuer under paragraph (7) of that Article, and others a Cabinet Office Order (内閣府令) names, that meet the standard a Cabinet Office Order sets for being usable in the ordinary way like money.
子会社等
For Article 12, paragraph (4): a subsidiary (子会社) or parent company (親会社) of the business operator, or another company that has the same parent company as the business operator.
事業者の子会社若しくは親会社(会社を子会社とする他の会社をいう。以下この項において同じ。)又は当該事業者と親会社が同一である他の会社
For Article 12, paragraph (4): a subsidiary, etc. (子会社等) that took over all or part of the business connected with an act subject to administrative monetary penalty (課徴金対象行為), by transfer or by company split, from a corporation that on or after the starting date (調査開始日) passed that whole business to its subsidiaries, etc. and then ceased to exist other than by merger; the corporation's act is treated as the subsidiary's own.
For Article 12, paragraph (4): another company that has a company as its subsidiary (子会社) as defined in Article 12, paragraph (5).
会社を子会社とする他の会社
調査開始日
For Article 12, paragraph (4): the day on which a collection of reports, etc. (報告徴収等) was first made in the case concerning a corporation's act subject to administrative monetary penalty (課徴金対象行為), or, where none was made, the day the corporation received the notice under Article 15, paragraph (1).
The particulars made public when the person who is to receive a payment order for an administrative monetary penalty (課徴金納付命令) cannot be found: that person's name (for a corporation, its name and its representative's name), where and by when to submit the written explanation (弁明書) (or, where the explanation is to be given orally, that fact and when and where to appear), and that the Prime Minister will hand the person at any time a document setting out what the notice under Article 15, paragraph (1) must state.
The administrative agency that issued the decision being appealed.