If an amount that corresponds to one-half of the total amount of the advances that a licensed installment seller taking preservative measures for advances received has received by the base date, from persons with which it has concluded contracts for prepaid installment sales as of the base date, as all or part of the cost of the goods under the contracts, falls to or below the amount of the business security deposit provided for in Article 17, paragraph (1) as of the base date, the licensed installment seller may recover all of the business deposits for the prepaid services or cancel all of the contracts on the entrustment of business deposits by the next base date.
In a case beyond what is prescribed in the preceding paragraph, if, as of the base date, the amount that can be allocated to the repayment of obligations under a contract for prepaid installment sales due to the preservative measures for advances received, exceeds the base amount for that base date, the licensed installment seller that is taking the preservative measures may recover the excess amount of the business deposits for prepaid services or cancel all or part of the contract on the entrustment of business deposits by the next base date.
The recovery of business deposits for prepaid services under the provisions of the preceding two paragraphs may not be made without the approval of the Minister of Economy, Trade and Industry having been obtained pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry.
前二項の規定による前受業務保証金の取戻しは、経済産業省令で定めるところにより、経済産業大臣の承認を受けなければ、することができない。
Beyond what is prescribed in the preceding paragraph, necessary matters relevant to the recovery of business deposits for prepaid services under the provisions of paragraph (1) or paragraph (2), are specified by Order of the Ministry of Justice and Order of the Ministry of Economy, Trade and Industry.
The cancellation of a contract on the entrustment of business deposits under the provisions of paragraph (1) or paragraph (2) does not become effective without the approval of the Minister of Economy, Trade and Industry having been obtained pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry.
It is not permissible for a contract on the entrustment of business deposits as a preservative measure for advances received to be cancelled in whole or in part, except in the cases prescribed in paragraph (1) or paragraph (2); provided, however, that this does not apply if a part of the contract on the entrustment of business deposits is canceled and the contract on the entrustment of business deposits still satisfies the requirements prescribed in Article 18-3, paragraph (3).
Any special provisions of a contract that run counter to the preceding paragraph are void.
前項の規定に反する特約は、無効とする。
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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)
base amount
「基準額」
Half the advance payments (前受金) a licensed installment seller (許可割賦販売業者) has received by a base date (基準日) under the contracts for prepaid installment sales (前払式割賦販売) then in force, less its business security deposit (営業保証金) on that date — the amount the measures to protect advance payments must be able to cover.
Short name set inArticle 18-3, paragraph (2)
contract on the entrustment of business deposits
「供託委託契約」
A contract on the entrustment of business deposits for prepaid services (前受業務保証金供託委託契約), made to protect the advance payments a licensed installment seller (許可割賦販売業者) has received, under which a bank, another financial institution a Cabinet Order (政令) specifies, or a body the Minister of Economy, Trade and Industry designates agrees to make a deposit (供託) on the seller's behalf in the cases Article 18-3, paragraph (3) sets out.
Short name set inArticle 18-3, paragraph (4)
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.
void
無効
Having no legal effect from the start. A void act does not take effect even if the parties later confirm it; confirming it knowing it is void counts as making a new act (Civil Code, Article 119). An act against public order or good morals is void (Article 90). Some Acts that protect one side make void a term that takes that protection away: a term of a land lease that is worse for the tenant than the Act on Land and Building Leases' rules on how long the lease lasts and how it is renewed (Article 9), a clause of a consumer contract that frees a business from all liability for damage its failure to perform causes the consumer (Consumer Contract Act, Article 8, paragraph (1), item (i)), or the part of a labor contract that falls short of the Labor Standards Act's standards, which the Act's standard replaces (Labor Standards Act, Article 13).
Written by AI using Civil Code, Arts. 90, 119, Act on Land and Building Leases, Art. 9, Consumer Contract Act, Art. 8 and Labor Standards Act, Art. 13 as a reference.