第二十条の四
The entrusted party under a contract on the entrustment of business deposits which makes a business deposit for prepaid services following the instructions under the provisions of the main clause of paragraph (2) of the preceding Article, may recover the business deposit for prepaid services it makes, if a filing of claims to which the public notice under the provisions of paragraph (1) of that Article concerns is not made within the period during which the claims must be filed.
The entrusted party under a contract on the entrustment of business deposits which makes a business deposit for prepaid services following instructions under paragraph (3) of the preceding Article may recover the business deposit for prepaid services it makes if the public notice under the provisions of paragraph (1) of that Article is issued and the claim to which that public notice concerns is not filed within the period that the claim must be filed; or if the public notice is not issued and the entrusted party obtains the approval of the Minister of Economy, Trade and Industry pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry.
The necessary matters relevant to the recovery of a business deposit for prepaid services under the provisions of the preceding two paragraphs are specified by Order of the Ministry of Justice and 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に関し必要な事項は、法務省令・経済産業省令で定める。
Article 21Refunding of Business Security Deposits and Business Deposits for Prepaid Services
第二十一条(営業保証金及び前受業務保証金の還付)
A person that concludes a contract for prepaid installment sales with a licensed installment seller has the right to be repaid for the claims arising from such a contract out of the business security deposit or business deposit for prepaid services made by the licensed installment seller or an entrusted party that has concluded a contract on the entrustment of business deposits with that licensed installment seller.
The necessary matters relevant to the exercise of the right referred to in the preceding paragraph are specified by Cabinet Order.
前項の権利の実行に関し必要な事項は、政令で定める。
Article 22Measures for When Rights Are Exercised
第二十二条(権利の実行があつた場合の措置)
If a business security deposit comes to fall short of the amount specified in Article 17, paragraph (1) because a person that holds the right referred to in paragraph (1) of the preceding Article exercises that right, the licensed installment seller must deposit the shortfall without delay on or after the date on which it becomes aware of that fact.
If the amount that may be allocated for the repayment of an obligation arising from a contract for prepaid installment sales based on preservative measures for advances received comes to fall short of the base amount as of the base date immediately before the day on which the right referred to in paragraph (1) of the preceding Article is exercised, because a person that holds that right exercises it, the licensed installment seller that is taking those preservative measures for advances received must take a new preservative measure for advances received for the shortfall without delay on or after the day on which it becomes aware of that fact, and must notify the Minister of Economy, Trade and Industry of this in writing.
The provisions of Article 16, paragraph (2) and Article 17, paragraph (2) apply mutatis mutandis when a deposit is made pursuant to paragraph (1), and the provisions of Article 18-4, paragraph (2) apply mutatis mutandis to a notification under the provisions of the preceding paragraph.
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.
Article 23Rescission of a License
第二十三条(許可の取消し等)
If a licensed installment seller falls under one of the following items, the Minister of Economy, Trade and Industry must rescind its license:
経済産業大臣は、許可割賦販売業者が次の各号の一に該当するときは、その許可を取り消さなければならない。
it comes to fall under the provisions of Article 15, paragraph (1), item (ii), item (vii), or item (viii);
第十五条第一項第二号、第七号又は第八号の規定に該当することとなつたとき。
an order under Article 20, paragraph (1) is issued and a rescission under the provisions of paragraph (2) of that Article is not made within six months from the date of that order;
it violates an order under the provisions of Article 20, paragraph (1); or
第二十条第一項の規定による命令に違反したとき。
it has obtained the license referred to in Article 11 by wrongful means.
不正の手段により第十一条の許可を受けたとき。
If a licensed installment seller falls under one of the following items, the Minister of Economy, Trade and Industry may order that licensed installment seller not to conclude any contract for prepaid installment sales for a fixed period of no longer than three months, or may rescind its license:
it violates the provisions of Article 16, paragraph (3) (including as applied mutatis mutandis pursuant to Article 18, paragraph (2)) in commencing operations;
it violates the provisions of Article 18-3, paragraph (1) in concluding a new contract for prepaid installment sales;
it violates an order under the provisions of Article 19, paragraph (3);
第十九条第三項の規定による命令に違反したとき。
it violates an order under the provisions of Article 20-2, paragraph (1);
第二十条の二第一項の規定による命令に違反したとき。
it fails to make a deposit under the provisions of Article 22, paragraph (1); or
第二十二条第一項の規定による供託をしないとき。
it fails to take preservative measures for advances received under the provisions of Article 22, paragraph (2).
第二十二条第二項の規定による前受金保全措置を講じないとき。
If a licensed installment seller violates the order referred to in item (iv) of the preceding paragraph (limited to an order issued when business operations that are connected with the prepaid installment sales of the licensed installment seller fall under Article 20-2, paragraph (1), item (iii); the same applies in the following paragraph and Article 40, paragraph (2)), before the Minister of Economy, Trade and Industry seeks to reach a disposition under the preceding paragraph, the minister must consult with the Prime Minister.
If a licensed installment seller violates the order referred to in item (iv) of paragraph (2) and the Prime Minister finds it to be necessary to protect the interests of purchasers, the minister may state a necessary opinion concerning a disposition under the provisions of that paragraph to the Minister of Economy, Trade and Industry.
If the Minister of Economy, Trade and Industry rescinds a license pursuant to the provisions of paragraph (1) or paragraph (2), the minister must notify the person that was formerly the relevant licensed installment seller of this, indicating the reasons for the rescission, without delay.
Article 24Public Notice of a Disposition
第二十四条(処分の公示)
If the Minister of Economy, Trade and Industry issues an order under the provisions of Article 20, paragraph (1) or rescinds such an order pursuant to the provisions of Article 20, paragraph (2), or if the minister rescinds a license pursuant to the provisions of paragraph (1) or paragraph (2) of the preceding Article, the minister must issue a public notice of this pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry.
Article 25Expiration of a License
第二十五条(許可の失効)
If a licensed installment seller discontinues operations in prepaid installment sales, its license expires.
Article 26Notification of Discontinuation
第二十六条(廃止の届出)
If a licensed installment seller discontinues operations in prepaid installment sales, it must notify the Minister of Economy, Trade and Industry of the discontinuation without delay.
The provisions of Article 24 apply mutatis mutandis when a notification under the preceding paragraph is filed.
Article 27Cancellation of a Contract
第二十七条(契約の解除)
If a licensed installment seller falls under one of the following items, a person that has concluded a contract for prepaid installment sales with that licensed installment seller but has not been delivered the goods under that contract may cancel the contract:
it fails to take preservative measures for advances received for the base amount as of the base date, on or before the day on which fifty days have passed since the day following the relevant base date;
基準日の翌日から起算して五十日を経過する日までの間に当該基準日に係る基準額について前受金保全措置を講じなかつたとき。
it becomes subject to an order under Article 20, paragraph (1);
第二十条第一項の規定による命令を受けたとき。
its license is rescinded pursuant to the provisions of paragraph (1) or paragraph (2) of Article 23;
its license loses validity pursuant to the provisions of Article 25;
第二十五条の規定により許可が効力を失つたとき。
a motion to commence bankruptcy proceedings, rehabilitation proceedings, or reorganization proceedings is filed; or
破産手続開始、再生手続開始又は更生手続開始の申立てがあつたとき。
it suspends payments.
支払を停止したとき。
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。
Article 28Completion of Transactions Upon Rescission of a License
第二十八条(許可の取消し等に伴う取引の結了等)
If the license of a licensed installment seller is rescinded pursuant to the provisions of paragraph (1) or paragraph (2) of Article 23 or loses validity pursuant to the provisions of Article 25, the person that was formerly the licensed installment seller or its general successor is deemed to continue to be a licensed installment seller, inasmuch as its sole aim is to enable the completion of transactions under contracts for prepaid installment sales that the licensed installment seller has concluded.
第二十九条
If the license of a licensed installment seller is rescinded pursuant to the provisions of paragraph (1) or paragraph (2) of Article 23 or loses validity pursuant to the provisions of Article 25, the person that was formerly that licensed installment seller or its successor (excluding a person that is deemed to be a licensed installment seller pursuant to the provisions of the preceding Article) may recover the business security deposit or business deposit for prepaid services that the person that was formerly that licensed installment seller has made.
The recovery of a business security deposit or business deposit for prepaid services 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 or business deposit for prepaid services 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 or business deposit for prepaid services.
The necessary matters of the public notice referred to in the preceding paragraph and those relevant to the recovery of the business security deposit or business deposit for prepaid services under the provisions of paragraph (1) are specified by Order of the Ministry of Justice and Order of the Ministry of Economy, Trade and Industry.
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.
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.
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan 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.