第十条(勧告)
If the competent minister finds that a significant obstacle has arisen or could arise to the sound development of installment sales as prescribed in Article 2, paragraph (1), item (i) for designated goods because an installment seller is conducting installment sales of those designated goods as prescribed in that item with the initial installment at a percentage of the installment price which is significantly lower than the percentage of which public notice is issued pursuant to the provisions of the preceding Article, or with a term for the payment of the cost which is significantly longer than the term of which public notice is issued pursuant to that Article, the minister may recommend that the installment seller increase the percentage or shorten the term.
A recommendation under the provisions of the preceding paragraph may be given through a public notice.
前項の規定による勧告は、告示により行なうことができる。
Section 3 Prepaid Installment Sales
第三節 前払式割賦販売
Article 11Prepaid Installment Sales Licenses
第十一条(前払式割賦販売業の許可)
It is not permissible for a person to engage in installment sales in the course of trade, through which it receives all or part of the cost of the designated goods from the purchaser in two or more installments as prescribed in Article 2, paragraph (1), item (i), before the delivery of the designated goods (referred to below as "prepaid installment sales"), without being licensed by the Minister of Economy, Trade and Industry; provided, however, that this does not apply in the following cases:
the annual sales amount from prepaid installment sales of designated goods is less than the amount specified by Cabinet Order;
the designated goods are newly specified, and a person currently engaged in the sale of those designated goods in the course of trade through prepaid installment sales, sells those goods for six months from the date of their specification (if the application referred to in paragraph (1) of the following Article is submitted during that period, this includes the time up until the license sought under the application is granted or refused); or
after the period stated in the preceding item passes, the only such dealings the person engages in are aimed at enabling the completion of transactions under the contracts for prepaid installment sales for the designated goods referred to in that item, which have been concluded by the last day of that period.
Article 12Application for a License
第十二条(許可の申請)
A person seeking the license referred to in the preceding Article must submit an application to the Minister of Economy, Trade and Industry stating the following:
前条の許可を受けようとする者は、次の事項を記載した申請書を経済産業大臣に提出しなければならない。
its name;
名称
the names and locations of its principal office and other business offices and agency offices;
本店その他の営業所及び代理店の名称及び所在地
its amount of stated capital or capital contributions, and the names of its officers; and
資本金又は出資の額及び役員の氏名
the types of designated goods it seeks to sell through prepaid installment sales.
The articles of incorporation, a certificate of registered information, the general conditions of the contract for prepaid installment sales, and the documents specified by Order of the Ministry of Economy, Trade and Industry must accompany the application referred to in the preceding paragraph; provided, however, that a certificate of registered information may be omitted if so specified by Order of the Ministry of Economy, Trade and Industry.
前項の申請書には、定款、登記事項証明書、前払式割賦販売契約約款その他経済産業省令で定める書類を添付しなければならない。ただし、経済産業省令で定める場合は、登記事項証明書の添付を省略することができる。
In the case referred to in the preceding paragraph, if the articles of incorporation have been created in the form of an electronic or magnetic record (meaning a record used in computer data processing, which is created in electronic form, magnetic form, or any other form that is impossible to perceive through the human senses alone; the same applies below), the electronic or magnetic record (limited to one as specified by Order of the Ministry of Economy, Trade and Industry) may accompany the application in lieu of a paper document.
前項の場合において、定款が電磁的記録(電子的方式、磁気的方式その他人の知覚によつては認識することができない方式で作られる記録であつて、電子計算機による情報処理の用に供されるものをいう。以下同じ。)で作られているときは、書面に代えて電磁的記録(経済産業省令で定めるものに限る。)を添付することができる。
No English for this paragraph yet.
削除
第十五条(許可の基準)
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。
Article 16Making Business Security Deposits
第十六条(営業保証金の供託等)
A licensed installment seller must make a business security deposit with the closest official depository to its principal business office.
許可割賦販売業者は、営業保証金を主たる営業所のもよりの供託所に供託しなければならない。
Once a licensed installment seller makes a business security deposit, it must file a notification of this with the Minister of Economy, Trade and Industry, accompanied by a copy of the deposit statement showing receipt of the deposit.
許可割賦販売業者は、営業保証金を供託したときは、供託物受入れの記載のある供託書の写しを添附して、その旨を経済産業大臣に届け出なければならない。
A licensed installment seller must not commence prepaid installment sale operations until after it files the notification under the provisions of the preceding paragraph.
第十七条
The amount of the business security deposit referred to in paragraph (1) of the preceding Article is the sum total of 100,000 yen for the principal business office and 50,000 yen for each other business office or agency office.
前条第一項の営業保証金の額は、主たる営業所につき十万円、その他の営業所又は代理店につき営業所又は代理店ごとに五万円の割合による金額の合計額とする。
National and local government bonds and other securities specified by Order of the Ministry of Economy, Trade and Industry (including book-entry transfer bonds prescribed in Article 278, paragraph (1) of the Act on the Book-Entry Transfer of Corporate Bonds and Shares (Act No. 75 of 2001)) may serve as the business security deposit referred to in the preceding paragraph, pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry.
前項の営業保証金は、経済産業省令で定めるところにより、国債証券、地方債証券その他の経済産業省令で定める有価証券(社債、株式等の振替に関する法律(平成十三年法律第七十五号)第二百七十八条第一項に規定する振替債を含む。)をもつて、これに充てることができる。
第十八条
If a licensed installment seller newly establishes a business office or agency office after commencing operations, it must deposit the business security deposit for each such business office or agency office in the amount calculated based on the rates prescribed in paragraph (1) of the preceding Article.
The provisions of Article 16 and paragraph (2) of the preceding Article apply mutatis mutandis when a deposit is made pursuant to the provisions of the preceding paragraph.
第十八条の二
If a licensed installment seller closes some of its business offices or agency offices and the amount of the business security deposit exceeds the amount prescribed in Article 17, paragraph (1), the licensed installment seller may recover the excess amount.
The recovery of the excess business security deposit as referred to in the preceding paragraph is not permitted unless public notice is issued to the persons with the right to that business security deposit as referred to in Article 21, paragraph (1), indicating that those persons must make a filing within a fixed period of not less than six months, and no filing is made within that period; provided, however, that this does not apply once ten years have passed following the occurrence of grounds for the recovery of a business security deposit.
The necessary matters of the public notice referred to in the preceding paragraph and other matters relevant to the recovery of the business security deposit as referred to in the provisions of paragraph (1) are specified by Order of the Ministry of Justice and Order of the Ministry of Economy, Trade and Industry.
Article 18-3Preservative Measures for Advances Received
第十八条の三(前受金保全措置)
If, as of March 31 and September 30 of each year (each of these days is referred to below as a "base date"), the amount that corresponds to one-half of the total amount of advances that a licensed installment seller has received, from persons with which it has concluded contracts for prepaid installment sales by that base date, as all or part of the cost of the goods under the contracts, exceeds the amount of the business security deposit provided for in Article 17, paragraph (1) as of the base date, the licensed installment seller must not conclude any new contract for prepaid installment sales after fifty days have passed counting from the day after that base date, until it takes the preservative measures for advances received which are referred to in the following paragraph and notifies the Minister of Economy, Trade and Industry of this pursuant to the provisions of paragraph (1) of the following Article.
Preservative measures for advances received are the making of business deposit for prepaid services or the conclusion of a contract on the entrustment of business deposits for prepaid services, in a way that the licensed installment seller may allocate an amount that corresponds to one-half of the total amount of the advances that it receives 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, after the business security deposit prescribed in Article 17, paragraph (1) as of the base date is deducted (referred to below as the "base amount"), toward the repayment of obligations arising from those contracts.
A contract on the entrustment of business deposits for prepaid services that is concluded as a preservative measure for advances received is a contract under which the entrusted party agrees to make a business deposit for prepaid services on behalf of the entrusting party, in an amount that corresponds to that with which it is entrusted, if the licensed installment seller that is the entrusting party comes to fall under one of the items of Article 27, paragraph (1) or if the entrusted party receives instructions under the provisions of Article 20-3, paragraph (3), during the period from the day after the notification under the provisions of paragraph (1) of the following Article until fifty days have elapsed counting from the day after the next base date (or, if a notification under that paragraph which concerns the base amount for that next base date is filed before that day, until the day of that notification).
It is not permissible for a person other than a bank, financial institution specified by Cabinet Order, or person designated by the Minister of Economy, Trade and Industry to become the entrusted party under a contract on the entrustment of business deposit for prepaid services as referred to in the preceding paragraph (simply referred to below as a "contract on the entrustment of business deposits").
銀行その他政令で定める金融機関又は経済産業大臣の指定する者でなければ、前項の前受業務保証金供託委託契約(以下単に「供託委託契約」という。)の受託者となることができない。
The provisions of Article 16, paragraph (1) and Article 17, paragraph (2) apply mutatis mutandis when a business deposit for prepaid services is made as a preservative measure for advances received.
installment sale
「割賦販売」
Selling designated goods or rights (指定商品, 指定権利), or providing designated services (指定役務), either on terms that the price is received over two months or more in three or more payments (including out of deposits the buyer makes with a bank the seller names), or to a user given a card or similar means (カード等) on terms that the user pays, at set intervals, an amount worked out by a set method from the total bought.
Defined inArticle 2, paragraph (1)· applies throughout the law
designated good
「指定商品」
Goods suited to being sold on standard terms that a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (5)· applies throughout the law
installment seller
「割賦販売業者」
A person whose business is installment sales (割賦販売).
Short name set inArticle 3, paragraph (1)
installment pricemachine translation
「割賦販売価格」
The price of goods or rights when they are sold by installment sale (割賦販売).
Defined inArticle 3, paragraph (1), item (ii)
installmentmachine translation
「賦払金」
Each payment of the price due under an installment sale (割賦販売).
Defined inArticle 4, paragraph (1), item (ii)
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)
electronic or magnetic record
「電磁的記録」
A record made in electronic, magnetic or any other form people cannot perceive directly, for use in computer processing.
Defined inArticle 12, paragraph (3)
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)
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.
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.
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.