Order for Enforcement of the Health Insurance Act

The expenses required for the establishment of the federation of Health Insurance Societies (hereinafter referred to as the "federation") are to be borne by the federation; provided, however, that where the federation is not formed, those expenses are to be borne by the health insurance societies that applied for authorization of its establishment.

The term of office of an officer is two years; provided, however, that the term of office of an officer elected or appointed to fill a vacancy is the remaining term of the predecessor.

The assets of a dissolved federation vest in the person designated by the constitution.

Where the constitution neither designates the person to whom the rights are to vest nor provides a method of designating that person, the president may, with the permission of the Minister of Health, Labour and Welfare, dispose of the assets for a purpose similar to the purpose of the federation; provided, however, that a resolution of the general meeting must be obtained.

Assets not disposed of pursuant to the provisions of the preceding two paragraphs vest in the National Treasury.

A dissolved federation is deemed to continue to exist within the scope of the purpose of liquidation until the conclusion of its liquidation.

When a federation is dissolved, except in the case of dissolution due to an order commencing bankruptcy proceedings, the president, the vice presidents, and the directors become its liquidators; provided, however, that this does not apply where the constitution provides otherwise or where the general meeting has elected persons other than the president, the vice presidents, and the directors.

If there is no person to become a liquidator pursuant to the provisions of the preceding Article or if damage is likely to occur due to a vacancy in the office of liquidator, the court may appoint a liquidator at the request of an interested person or the public prosecutor, or by its own authority.

At the request of an interested person or the public prosecutor or by its own authority, the court may dismiss the liquidator if there are material grounds for it to do so.

A liquidator must notify the Minister of Health, Labour and Welfare of the liquidator's name and address and the cause and date of dissolution, except in the case of an order commencing bankruptcy proceedings and in the case of an order of dissolution pursuant to the provisions of Article 29, paragraph (2) of the Act as applied mutatis mutandis with replacement of terms pursuant to Article 188 of the Act.

A liquidator who assumed office during liquidation must notify the Minister of Health, Labour and Welfare of the liquidator's name and address.

The provisions of the preceding paragraph apply mutatis mutandis to a liquidator who assumed office at the time of an order of dissolution pursuant to the provisions of Article 29, paragraph (2) of the Act as applied mutatis mutandis with replacement of terms pursuant to Article 188 of the Act.

The duties of a liquidator are as follows:

the conclusion of current business;

the collection of debts and the performance of obligations; and

delivery of residual assets.

A liquidator may undertake any and all acts that are necessary for performing the duties prescribed in the items of the preceding paragraph.

A liquidator must, within two months from the date of assuming office, demand of creditors, by public notice made at least three times, that they file their claims within a certain period; in this case, that period must not be less than two months.

The public notice under the preceding paragraph must include a statement that a creditor who does not submit a claim within that period is to be excluded from the liquidation; provided, however, that a liquidator may not exclude a known creditor.

The liquidator must issue an individual demand to each known creditor requiring that creditor to file its claim.

The public notice under paragraph (1) is given by publication in the Official Gazette.

A creditor who has filed a claim after the lapse of the period under paragraph (1) of the preceding Article may make a claim only against property that, after the debts of the federation have been fully repaid, has not yet been delivered to the persons to whom rights are to be vested.

The dissolution and liquidation of a federation are subject to the supervision of the court.

The court may, by its own authority, conduct any examination that is necessary for the supervision referred to in the preceding paragraph, at any time.

The court that supervises the dissolution and liquidation of a federation may ask the Minister of Health, Labour and Welfare for an opinion or entrust the Minister with an investigation.

The Minister of Health, Labour and Welfare may state an opinion to the court prescribed in the preceding paragraph.

When the liquidation has been completed, the liquidator must notify the Minister of Health, Labour and Welfare to that effect.

Cases concerning the supervision of the dissolution and liquidation of a federation and cases concerning liquidators fall under the jurisdiction of the district court that has jurisdiction over the location of the federation's principal office.

No appeal may be entered against a judicial decision on the appointment of a liquidator.

Where the court has appointed a liquidator pursuant to the provisions of Article 59-4, it may determine the amount of remuneration to be paid by the federation to that liquidator. In this case, the court must hear statements from that liquidator and the auditor.

The court may appoint an examiner to have the investigation necessary for the supervision of the dissolution and liquidation of a federation conducted.

The provisions of the preceding two Articles apply mutatis mutandis where the court has appointed an examiner pursuant to the preceding paragraph. In this case, the phrase "that liquidator and the auditor" in the preceding Article is deemed to be replaced with "the federation and the examiner".

The provisions of Article 2 (excluding paragraph (1), item (iii)), Articles 3 through 5, Articles 7 through 13, Article 14, paragraph (2), Articles 15 through 19, Articles 22 through 24, Article 28 (excluding item (iii)) and Article 33 apply mutatis mutandis to a federation. In this case, the term "president" in these provisions is deemed to be replaced with "chairperson", the term "society meeting" with "general meeting", the phrase "employer of the applicable place of business" in Article 3, paragraph (1), Article 4 and Article 5 with "president of the health insurance society", the phrase "Article 11" in Article 9 with "Article 11 as applied mutatis mutandis pursuant to Article 60", the term "the Act" in Article 10, paragraph (3) with "the Act as applied mutatis mutandis pursuant to Article 188 of the Act", and the phrase "Article 8" in Article 10, paragraph (4) and Article 12, paragraph (1) with "Article 8 as applied mutatis mutandis pursuant to Article 60".