Article 22-2Change of Depository for a Business Security Deposit or Business Deposit for Prepaid Services
第二十二条の二(営業保証金及び前受業務保証金の保管替え等)
If the business security deposit or business deposit for prepaid services is made solely in cash and the nearest depository changes because the location of the principal business office of the licensed installment seller has changed, the licensed installment seller or the entrusted party under a contract on the entrustment of business deposits must pay the expenses in advance and request the depository with which the business security deposit or business deposit for prepaid services has been made to transfer the business security deposit or business deposit for prepaid services to the depository which is nearest to the principal business office of the licensed installment seller after the change, without delay.
If a business security deposit or business deposit for prepaid services is made in the form of securities provided for in Article 17, paragraph (2) or in those securities and cash, and the nearest depository changes because the location of the principal business office of a licensed installment seller has changed, the licensed installment seller must make a business security deposit or business deposit for prepaid services in the same amount as that business security deposit or business deposit for prepaid services with the depository which is nearest to its principal business office after the change, without delay. Once that deposit is made, the business security deposit or business deposit for prepaid services that was made with the depository that was nearest to the principal business office before it changed location may be recovered pursuant to the provisions of Order of the Ministry of Justice and Order of the Ministry of Economy, Trade and Industry.
The provisions of Article 17, paragraph (2) apply mutatis mutandis when a deposit is made pursuant to the provisions of the preceding paragraph.
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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)
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)
official depository
供託所
The office that holds money and securities deposited (供託) under a provision of an Act or other statute: a Legal Affairs Bureau (法務局) or District Legal Affairs Bureau (地方法務局), one of their branch bureaus, or a local office of theirs the Minister of Justice designates (Deposit Act, Article 1). Its work is done by an official of the bureau whom the bureau's head designates as a deposit officer (供託官) (Article 1-2). Under the Real Estate Brokerage Act, a real estate broker (宅地建物取引業者) must deposit its security deposit for operations (営業保証金) at the official depository nearest its principal office (Article 25, paragraph (1)), and a person who dealt with the broker in its real estate brokerage business, other than another broker, has the right to be paid a claim arising from that deal out of that deposit (Article 27, paragraph (1)). Before the contract is made, a broker must tell the other party that official depository and its address, or, if the broker is a member of a real estate guarantee association, the association and the official depository where the association lodged its own deposit (Article 35-2).
Written by AI using Deposit Act, Arts. 1, 1-2 and Real Estate Brokerage Act, Arts. 25, 27, 35-2, 64-7 as a reference.