If the Minister of Economy, Trade and Industry finds an applicant for the license referred to in Article 11 to fall under one of the following items, the minister must not grant the license referred to in that Article:
a person that is not a corporation;
法人でない者
a corporation with a stated capital or capital contributions of less than the amount that is found to be necessary and appropriate for protecting the interests of purchasers, as specified by Cabinet Order;
資本金又は出資の額が購入者の利益を保護するため必要かつ適当であると認められる金額で政令で定めるものに満たない法人
a corporation with an amount of total assets minus total liabilities that is less than 90 percent of its stated capital or capital contributions;
資産の合計額から負債の合計額を控除した額が資本金又は出資の額の百分の九十に相当する額に満たない法人
a corporation that, beyond what is stated in the preceding two items, does not have a sufficient financial basis to soundly perform the business involved in prepaid installment sales;
a corporation with general conditions in the contract for prepaid installment sales that do not conform to the standards specified by Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order;
前払式割賦販売契約約款の内容が経済産業省令・内閣府令で定める基準に適合しない法人
a corporation whose license has been rescinded pursuant to the provisions of Article 23, paragraph (1) or (2), if two years have not yet passed since the date of the rescission;
a corporation that has been sentenced to a fine pursuant to the provisions of this Act, if two years have not yet passed since the day on which it finished serving the sentence or ceased to be subject to its enforcement; or
この法律の規定により罰金の刑に処せられ、その刑の執行を終わり、又は執行を受けることがなくなつた日から二年を経過しない法人
a corporation with an officer that falls under one of the following:
役員のうちに次のいずれかに該当する者のある法人
a person that has not had rights restored after receiving a ruling of commencement of bankruptcy proceedings;
破産手続開始の決定を受けて復権を得ない者
a person that has been sentenced to imprisonment or a heavier punishment, or a person that has been sentenced to a fine pursuant to the provisions of this Act, if two years have not yet passed since the day on which the person finished serving the sentence or ceased to be subject to its enforcement; or
拘禁刑以上の刑に処せられ、又はこの法律の規定により罰金の刑に処せられ、その刑の執行を終わり、又は執行を受けることがなくなつた日から二年を経過しない者
a person that, during the thirty days before the relevant disposition, was the officer of a person licensed as referred to in Article 11 (referred to below as a "licensed installment seller") whose license has been rescinded pursuant to Article 23, paragraph (1) or (2), if two years have not yet passed since the date of that disposition.
The total assets and the total liabilities referred to in item (iii) of the preceding paragraph must be calculated pursuant to Cabinet Order.
前項第三号の資産の合計額及び負債の合計額は、政令で定めるところにより計算しなければならない。
If an application is filed for the license referred to in Article 11 and the Minister of Economy, Trade and Industry reaches the disposition not to grant the license, the minister must notify the applicant of this without delay, indicating the reasons for refusal.
経済産業大臣は、第十一条の許可の申請があつた場合において、不許可の処分をしたときは、遅滞なく、その理由を示して、その旨を申請者に通知しなければならない。
Read this with the articles around it
prepaid installment sales
「前払式割賦販売」
An installment sale (割賦販売) under Article 2, paragraph (1), item (i) in which the seller receives all or part of the price of designated goods (指定商品) in two or more payments before delivering them — a business that needs a license from the Minister of Economy, Trade and Industry.
Short name set inArticle 11, paragraph (1)
licensed installment seller
「許可割賦販売業者」
A person licensed by the Minister of Economy, Trade and Industry under Article 11 to carry on prepaid installment sales (前払式割賦販売) as a business.
Short name set inArticle 15, paragraph (1), item (viii), (c)
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.