Article 81-36Notice by the Person Paying the Difference or Otherwise Settling a Futures Contract

①The provisions of Article 81 (Places of Residence, etc. to Be Notified by a Person Without a Domicile in Japan) apply mutatis mutandis to the place specified by Ministry of Finance Order prescribed in Article 224-5, paragraph (1) (Notice by the Person Paying the Difference or Otherwise Settling a Futures Contract) of the Act.

②The provisions of Article 81-6, paragraphs (1) through (5) (Scope, etc. of Documents to Be Presented to the Head of the business office of a Savings Institution, etc.) apply mutatis mutandis to the documents specified by Ministry of Finance Order prescribed in each item of Article 337, paragraph (2) (Presentation of a Copy of the Certificate of Residence and Other Documents Pertaining to Notice, etc.) of the Order as applied mutatis mutandis pursuant to Article 350-4, paragraph (2) (Presentation of a Copy of the Certificate of Residence and Other Documents Pertaining to Notice by the Person Paying the Difference or Otherwise Settling a Futures Contract, etc.) of the Order. In this case, the phrase "Article 336, paragraph (4) (Notice by a Person Receiving Interest, Dividends, etc. on Deposits and Savings, Shares, etc.)" in Article 81-6, paragraph (1), item (iii) is deemed to be replaced with "Article 350-3, paragraph (4) (Notice by the Person Paying the Difference or Otherwise Settling a Futures Contract)"; the phrase "Article 336, paragraph (4)" in paragraph (3), item (ii) of that Article is deemed to be replaced with "Article 350-3, paragraph (4)"; and the phrase "that paragraph through paragraph (3) of that Article" in paragraph (5) of that Article is deemed to be replaced with "Article 350-3 of the Order", and the phrase "Article 337, paragraph (1)" with "Article 350-4, paragraph (1) (Presentation of a Copy of the Certificate of Residence and Other Documents Pertaining to Notice by the Person Paying the Difference or Otherwise Settling a Futures Contract, etc.)".

③The documents specified by Ministry of Finance Order prescribed in Article 350-4, paragraph (3) of the Order are, among the documents prescribed in Article 81-6, paragraph (2) (excluding the documents set forth in item (i) of that paragraph), those bearing the name or domicile of the individual before the change prescribed in Article 350-4, paragraph (3) of the Order.

④When a futures commission merchant or similar party prescribed in Article 224-5, paragraph (1) of the Act (referred to as a "futures commission merchant or similar party" in this Article) prepares a book pursuant to Article 350-3, paragraph (4) (Notice by the Person Paying the Difference or Otherwise Settling a Futures Contract) of the Order, that party must enter in that book the matters set forth in the items of Article 81-6, paragraph (8). In this case, the provisions of paragraph (9) of that Article apply mutatis mutandis to that book.

⑤A futures commission merchant or similar party must, when having received the written application prescribed in Article 350-4, paragraph (5) of the Order (including an electronic or magnetic record recording the matters to be stated in that written application, which has been provided by electronic or magnetic means; the same applies hereinafter in this Article), prepare a book pursuant to that paragraph and enter in that book the following matters:

⑥A person who has made the submission of the written application under the preceding paragraph must, if after the submission the person comes to fall under a case set forth in one of the following items, without delay, submit to the futures commission merchant or similar party to which the submission of the written application was made a written notification stating the matters specified in each of those items in accordance with the category of cases set forth in each of those items (which is to include the name or title and domicile before the change where the person comes to fall under the case set forth in item (i), and the name or title, domicile and individual number before the change where the person comes to fall under the case set forth in item (ii)) (limited to a notification to which is attached a copy of any of the documents specified in each item of Article 337, paragraph (2) of the Order as applied mutatis mutandis pursuant to Article 350-4, paragraph (2) of the Order (where the person comes to fall under the case set forth in item (i), either that document or the document confirming a change of domicile, etc. prescribed in Article 350-4, paragraph (3) of the Order) (limited to a copy bearing the matters specified in each of the following items in accordance with the category of cases set forth in those items), or a notification in connection with whose submission the person transmits the person's electronic certificate for signature or similar record or has undergone the confirmation under paragraph (4) of that Article). The same applies where, after submitting that written notification, the person again comes to fall under a case set forth in item (i) or item (ii).

⑦A person who has come to fall under a case set forth in the items of the preceding paragraph may, in lieu of submitting the written notification referred to in that paragraph, provide the matters to be stated in that written notification by electronic or magnetic means. In this case, the person who has provided those matters is deemed to have submitted that written notification.

⑧A futures commission merchant or similar party that has prepared the book referred to in paragraph (5) pursuant to that paragraph must, when having received the written notification referred to in paragraph (6), correct the matters set forth in the items of paragraph (5) in that book to the matters stated in that written notification.

⑨A futures commission merchant or similar party must retain the written application prescribed in paragraph (5) that it has received (including the documents prescribed in Article 350-4, paragraph (5) of the Order and an electronic certificate for signature or similar record) and the written notification prescribed in paragraph (6) (including the electronic or magnetic record recording the matters to be stated in that written notification which has been provided by electronic or magnetic means, and a copy of the documents prescribed in that paragraph or a copy of the document confirming a change of domicile, etc., and an electronic certificate for signature or similar record) for three years from the year following the year that includes the date of receipt.

⑩When a futures commission merchant or similar party has made the confirmation under Article 350-5, paragraph (1) (Confirmation, etc. by a Futures Commission Merchant or Similar Party) of the Order or Article 350-4, paragraph (4) of the Order, it must, pursuant to Article 350-5, paragraph (3) of the Order, make clear that it has made the confirmation under Article 350-5, paragraph (1) or Article 350-4, paragraph (4) of the Order by entering in the book prescribed in Article 350-5, paragraph (3) of the Order the title of the document specified in each item of Article 337, paragraph (2) of the Order as applied mutatis mutandis pursuant to Article 350-4, paragraph (2) of the Order, or of the document confirming a change of domicile, etc. prescribed in Article 350-4, paragraph (3) of the Order, that was presented at the time of the notice under Article 350-3 of the Order, the fact that an electronic certificate for signature or similar record was received by transmission at the time of that notice (where the person who gave that notice is a corporation that has undergone the confirmation under Article 81-6, paragraph (5) as applied mutatis mutandis pursuant to paragraph (2), that fact and the title of the document specified in Article 337, paragraph (2), item (ii) of the Order as applied mutatis mutandis pursuant to Article 350-4, paragraph (2) of the Order that was presented at the time of that notice), or the fact that the confirmation under Article 350-4, paragraph (4) of the Order was conducted.

⑪A futures commission merchant or similar party must retain the book prescribed in Article 350-5, paragraph (3) of the Order (including the book prescribed in Article 350-4, paragraph (5) of the Order) for five years from the year following the year that includes the date of closing of those books.