Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条（施行期日）
This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding one year and six months from the date of its promulgation; provided, however, that the provisions listed in the following items come into effect as of the dates specified in those items:
この法律は、公布の日から起算して一年六月を超えない範囲内において政令で定める日から施行する。ただし、次の各号に掲げる規定は、当該各号に定める日から施行する。
the provisions of Article 11 of the Supplementary Provisions: the date of promulgation.
附則第十一条の規定 公布の日
the provisions amending Article 35-3-12 and the provisions amending Article 35-3-13, paragraph (7), and the provisions of Articles 6 and 7 of the Supplementary Provisions: the date on which the Act Partially Amending the Act on Specified Commercial Transactions (Act No. 60 of 2016) comes into effect.
Supplementary Provisions, Article 2Transitional Measures Concerning the Delivery, etc. of Documents Relating to the Intermediation of Comprehensive Credit Purchases
第二条（包括信用購入あっせんに係る書面の交付等に関する経過措置）
The provisions of Article 30-2-3, paragraphs (4) and (5) of the Installment Sales Act as amended by this Act (hereinafter referred to as the "New Act") apply to a contract concluded on or after the day on which this Act comes into effect (hereinafter referred to as the "Effective Date") under which goods or rights are sold or services are provided in a way that involves the intermediation of comprehensive credit purchases prescribed in Article 2, paragraph (3) of the New Act, and the provisions then in force continue to govern a contract concluded before the Effective Date under which goods or rights are sold or services are provided in a way that involves the intermediation of comprehensive credit purchases prescribed in Article 2, paragraph (3) of the Installment Sales Act prior to the amendment by this Act (hereinafter referred to as the "Former Act").
この法律による改正後の割賦販売法（以下「新法」という。）第三十条の二の三第四項及び第五項の規定は、この法律の施行の日（以下「施行日」という。）以後に締結した契約で、新法第二条第三項に規定する包括信用購入あっせんに係る販売又は提供の方法により商品若しくは権利を販売し、又は役務を提供するものについて適用し、施行日前に締結した契約で、この法律による改正前の割賦販売法（以下「旧法」という。）第二条第三項に規定する包括信用購入あっせんに係る販売又は提供の方法により商品若しくは権利を販売し、又は役務を提供するものについては、なお従前の例による。
Supplementary Provisions, Article 3Transitional Measures Concerning Applications for Registration of Changes by Registered Comprehensive Credit Purchase Intermediaries or Registered Individual Credit Purchase Intermediaries
第三条（登録包括信用購入あっせん業者又は登録個別信用購入あっせん業者の変更登録の申請に関する経過措置）
An application for registration of changes under the provisions of Article 33-3, paragraph (1) or Article 35-3-28, paragraph (1) of the Former Act which was filed before the Effective Date and on which no disposition of registration or refusal to effect registration has been made as of the Effective Date is deemed to be a notification of changes made on the Effective Date under the provisions of Article 33-3, paragraph (1) or Article 35-3-28, paragraph (1) of the New Act, respectively.
施行日前にされた旧法第三十三条の三第一項又は第三十五条の三の二十八第一項の規定による変更登録の申請であって、施行日において登録又は登録の拒否の処分がされていないものは、施行日にそれぞれ新法第三十三条の三第一項又は第三十五条の三の二十八第一項の規定によりされた変更の届出とみなす。
Supplementary Provisions, Article 4Transitional Measures Concerning Orders, etc. to Registered Comprehensive Credit Purchase Intermediaries
第四条（登録包括信用購入あっせん業者に対する命令等に関する経過措置）
The provisions then in force continue to govern the cancellation of a contract under the provisions of Article 35, paragraph (1) of the Former Act in the case where, before the Effective Date, a registered comprehensive credit purchase intermediary prescribed in Article 31 of the Former Act has received an order under the provisions of Article 34, paragraph (1) of the Former Act, has had its registration rescinded pursuant to the provisions of Article 34-2, paragraph (1) or (2) of the Former Act, or has had its registration deleted pursuant to the provisions of Article 34-3, paragraph (1), item (ii) of the Former Act.
施行日前に旧法第三十一条に規定する登録包括信用購入あっせん業者が旧法第三十四条第一項の規定による命令を受け、旧法第三十四条の二第一項若しくは第二項の規定により登録を取り消され、又は旧法第三十四条の三第一項第二号の規定により登録を消除されたときにおける旧法第三十五条第一項の規定による契約の解除については、なお従前の例による。
Supplementary Provisions, Article 5Transitional Measures Concerning Business Security Deposits
第五条（営業保証金に関する経過措置）
The provisions then in force continue to govern the recovery of a business security deposit by a person that, at the time this Act comes into effect, is actually carrying out the procedures for the recovery of that business security deposit based on the provisions of Article 35-2, paragraph (1) of the Former Act.
この法律の施行の際現に旧法第三十五条の二第一項の規定に基づく営業保証金の取戻しに関する手続を行っている者についての当該営業保証金の取戻しについては、なお従前の例による。
The provisions then in force continue to govern the exercise of a right by a person that, at the time this Act comes into effect, is actually carrying out the procedures for the exercise of that right based on the provisions of Article 21, paragraph (1) of the Former Act as applied mutatis mutandis pursuant to Article 35-3 of the Former Act.
この法律の施行の際現に旧法第三十五条の三において準用する旧法第二十一条第一項の規定に基づく権利の実行に関する手続を行っている者についての当該権利の実行については、なお従前の例による。
A person that, at the time this Act comes into effect, has actually made a business security deposit pursuant to the provisions of Article 16, paragraph (1) of the Former Act as applied mutatis mutandis pursuant to Article 35-3 of the Former Act (excluding a person that is carrying out the procedures for the recovery of a business security deposit based on the provisions of Article 35-2, paragraph (1) of the Former Act (limited to the first sentence of that paragraph) referred to in paragraph (1)) may recover the business security deposit so made.
この法律の施行の際現に旧法第三十五条の三において準用する旧法第十六条第一項の規定により営業保証金を供託している者（第一項の旧法第三十五条の二第一項（同項前段に限る。）の規定に基づく営業保証金の取戻しに関する手続を行っている者を除く。）は、当該供託に係る営業保証金を取り戻すことができる。
The recovery of a business security deposit under the provisions of the preceding paragraph is not permitted unless public notice is issued to the persons that, before the Effective Date, had the right referred to in Article 21, paragraph (1) of the Former Act as applied mutatis mutandis pursuant to Article 35-3 of the Former Act with respect to that business security deposit, 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 10 years have passed from the Effective Date.
Beyond what is provided for in the preceding paragraph, necessary matters concerning the recovery of a business security deposit under the provisions of paragraph (3) are specified by Order of the Ministry of Justice and Order of the Ministry of Economy, Trade and Industry.
A seller or service provider that, before the Effective Date, concluded a contract for the intermediation of comprehensive credit purchases prescribed in Article 2, paragraph (3) of the Former Act with a registered comprehensive credit purchase intermediary prescribed in Article 31 of the Former Act (limited, where public notice has been issued under the provisions of paragraph (4), to a person that has made the filing referred to in that paragraph) has the right to be repaid for the claims arising from that contract (limited, where public notice has been issued under the provisions of paragraph (4), to claims relating to the filing referred to in that paragraph) out of the business security deposit made by that registered comprehensive credit purchase intermediary.
The necessary particulars 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。
Supplementary Provisions, Article 6Transitional Measures Concerning Withdrawal of the Offer, etc. for a Contract for the Receipt of Monies Subject to the Intermediation of Individual Credit Purchases in Connection with a Sales Contract, etc. for Goods in a Quantity That Significantly Exceeds What Is Normally Required
第六条（通常必要とされる分量を著しく超える商品の販売契約等に係る個別信用購入あっせん関係受領契約の申込みの撤回等に関する経過措置）
The provisions of Article 35-3-12 of the New Act do not apply to an offer received before the day on which the provisions set forth in Article 1, item (ii) of the Supplementary Provisions come into effect (referred to as the "item (ii) Effective Date" in this Article and the following Article) by an intermediary for individual credit purchases prescribed in Article 35-3-2, paragraph (1) of the Former Act which relates to a contract for the receipt of monies subject to the intermediation of individual credit purchases prescribed in Article 35-3-3, paragraph (1) of the Former Act connected with a sales contract involving the intermediation of individual credit purchases or a service contract involving the intermediation of individual credit purchases referred to in Article 35-3-10, paragraph (1), item (iii) or (vi) of the Former Act, or to the contract relating to that offer where it is concluded on or after the item (ii) Effective Date, or to a contract concluded before the item (ii) Effective Date which is a contract for the receipt of monies subject to the intermediation of individual credit purchases prescribed in Article 35-3-3, paragraph (1) of the Former Act connected with a sales contract involving the intermediation of individual credit purchases or a service contract involving the intermediation of individual credit purchases referred to in Article 35-3-10, paragraph (1), item (iii) or (vi) of the Former Act.
新法第三十五条の三の十二の規定は、附則第一条第二号に掲げる規定の施行の日（以下この条及び次条において「第二号施行日」という。）前に旧法第三十五条の三の二第一項に規定する個別信用購入あっせん業者が受けた申込みで、旧法第三十五条の三の十第一項第三号若しくは第六号の個別信用購入あっせん関係販売契約若しくは個別信用購入あっせん関係役務提供契約に係る旧法第三十五条の三の三第一項に規定する個別信用購入あっせん関係受領契約に係るもの若しくは第二号施行日以後当該申込みに係る契約が締結された場合における当該契約又は第二号施行日前に締結された契約で、旧法第三十五条の三の十第一項第三号若しくは第六号の個別信用購入あっせん関係販売契約若しくは個別信用購入あっせん関係役務提供契約に係る旧法第三十五条の三の三第一項に規定する個別信用購入あっせん関係受領契約については、適用しない。
Supplementary Provisions, Article 7Transitional Measures Concerning Disaffirmation of a Manifested Intention to Offer a Contract for the Receipt of Monies Subject to the Intermediation of Individual Credit Purchases or to Accept an Offer for the Contract
第七条（個別信用購入あっせん関係受領契約の申込み又はその承諾の意思表示の取消しに関する経過措置）
The provisions of Article 35-3-13, paragraph (7) of the New Act (including as applied mutatis mutandis pursuant to Article 35-3-14, paragraph (3), Article 35-3-15, paragraph (3) and Article 35-3-16, paragraph (2) of the New Act) apply to the right to disaffirm a manifested intention, made on or after the item (ii) Effective Date, to offer, or to accept an offer for, a contract for the receipt of monies subject to the intermediation of individual credit purchases prescribed in Article 35-3-3, paragraph (1) of the New Act, and the provisions then in force continue to govern the right to disaffirm a manifested intention, made before the item (ii) Effective Date, to offer, or to accept an offer for, a contract for the receipt of monies subject to the intermediation of individual credit purchases prescribed in Article 35-3-3, paragraph (1) of the Former Act.
新法第三十五条の三の十三第七項（新法第三十五条の三の十四第三項、第三十五条の三の十五第三項及び第三十五条の三の十六第二項において準用する場合を含む。）の規定は、第二号施行日以後にした新法第三十五条の三の三第一項に規定する個別信用購入あっせん関係受領契約の申込み又はその承諾の意思表示に係る取消権について適用し、第二号施行日前にした旧法第三十五条の三の三第一項に規定する個別信用購入あっせん関係受領契約の申込み又はその承諾の意思表示に係る取消権については、なお従前の例による。
Supplementary Provisions, Article 8Transitional Measures Concerning Registration of a Business That Has a Contract for Handling Credit Card Numbers
第八条（クレジットカード番号等取扱契約締結事業者の登録に関する経過措置）
The provisions of Article 35-17-2 of the New Act do not apply to a person that, at the time this Act comes into effect, is actually engaged in the conclusion of a contract for handling credit card numbers prescribed in Article 35-17-5, paragraph (1), item (viii) of the New Act in the course of trade, until the day on which six months have passed from the Effective Date (or, where the person has submitted the application referred to in Article 35-17-3, paragraph (1) of the New Act by that day, the day on which the disposition of registration or refusal to effect registration is made on that application).
新法第三十五条の十七の二の規定は、この法律の施行の際現に新法第三十五条の十七の五第一項第八号に規定するクレジットカード番号等取扱契約の締結を業として行っている者については、施行日から六月を経過する日（その日までに新法第三十五条の十七の三第一項の申請書を提出した場合には、その申請につき登録又は登録の拒否の処分がある日）までの間、適用しない。
Supplementary Provisions, Article 9Transitional Measures Concerning Certification of a Certified Installment Sales Association
第九条（認定割賦販売協会の認定に関する経過措置）
A certification granted before the Effective Date pursuant to the provisions of Article 35-18, paragraph (1) of the Former Act is deemed to be a certification granted pursuant to the provisions of Article 35-18, paragraph (1) of the New Act.
施行日前に旧法第三十五条の十八第一項の規定によりされた認定は、新法第三十五条の十八第一項の規定によりされた認定とみなす。
Supplementary Provisions, Article 10Transitional Measures Concerning Penal Provisions
第十条（罰則に関する経過措置）
With regard to the application of penal provisions to acts committed before this Act (or, for the provision set forth in Article 1, item (ii) of the Supplementary Provisions, that provision; the same applies hereinafter in this Article) comes into effect and to acts committed after this Act comes into effect in the cases where the provisions then in force continue to govern pursuant to the provisions of these Supplementary Provisions, the provisions then in force continue to govern.
この法律（附則第一条第二号に掲げる規定にあっては、当該規定。以下この条において同じ。）の施行前にした行為及びこの附則の規定によりなお従前の例によることとされる場合におけるこの法律の施行後にした行為に対する罰則の適用については、なお従前の例による。
Supplementary Provisions, Article 11Delegation to Cabinet Order
第十一条（政令への委任）
Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
附則第二条から前条までに規定するもののほか、この法律の施行に関し必要な経過措置（罰則に関する経過措置を含む。）は、政令で定める。
Supplementary Provisions, Article 12Review
第十二条（検討）
When five years have elapsed after the Effective Date, the government is to review the state of enforcement of the provisions of the New Act and, if it finds it necessary, take the necessary measures based on the results of that review.
service provider
「役務提供事業者」
A person engaged in the business of providing services (役務).
Short name set inArticle 2, paragraph (1), item (i)
contract for handling credit card numbersmachine translation
「クレジットカード番号等取扱契約」
A contract of a kind Article 35-17-2 lists, by which a credit card purchase intermediary (クレジットカード等購入あつせん業者), or a business acting for a particular one, allows a seller or service provider that takes card payments to handle the credit card numbers and similar codes (クレジットカード番号等) the intermediary gives its users.
Defined inArticle 35-17-5, paragraph (1), item (viii)
the New Actmachine translation
「新法」
This Act as amended by Act No. 99 of 2016.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Act No. 99 of 2016, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 99 of 2016 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
item (ii) Effective Datemachine translation
「第二号施行日」
The date the provisions listed in Article 1, item (ii) of the supplementary provisions of the amending law in question came into force.
Short name set inSupplementary Provisions, Article 6, paragraph (1)· applies only in this article and in Supplementary Provisions, Article 7
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.
manifestation of intention
意思表示
A person's expression of an intention to which the law gives a legal effect, such as an offer to conclude a contract, which shows its terms and forms the contract once the other party accepts it (Civil Code, Article 522, paragraph (1)), the acceptance itself (Article 527), or the notice to the other party by which a party rescinds (取消し) an act or cancels (解除) a contract (Articles 123 and 540, paragraph (1)). One made to another person takes effect when notice of it reaches that person, or when it would normally have reached them if they blocked it without good reason (Article 97, paragraphs (1) and (2)), and does not lose its effect because the person who made it dies, loses mental capacity (意思能力) or comes under legal limits on what they can do alone after sending the notice (Article 97, paragraph (3)); where the person making it cannot find out who the other party is or where they are, it can be made by public notice (Article 98, paragraph (1)). It is not void just because the person making it knew it was not their true intention, unless the other party knew or could have known that (Article 93, paragraph (1)); a false one made in collusion with the other party is void (Article 94, paragraph (1)); and neither voidness can be asserted against a third party who did not know of it (善意) (Articles 93, paragraph (2), and 94, paragraph (2)). One based on a mistake that is material in light of the purpose of the juridical act (法律行為) and accepted views in dealings may be rescinded — one based on a mistaken view of the circumstances behind the act only if it had been shown that the act was based on them, and as a rule not where the mistake came from the gross negligence of the person who made it (Article 95, paragraphs (1) to (3)) — and so may one made under fraud or duress, though one induced by a third party's fraud only if the other party knew of the fraud or could have known of it (Article 96, paragraphs (1) and (2)); a rescission for mistake or fraud cannot be relied on against a third party who did not know and was not careless in not knowing (Article 95, paragraph (4), and Article 96, paragraph (3)). One that an agent makes within the agent's authority, showing that it is made for the principal, takes effect directly for the principal (Article 99, paragraph (1)). The Consumer Contract Act lets a consumer rescind an offer or acceptance of a consumer contract made because the business, when soliciting it, told them something untrue about an important matter and they believed it, among other grounds (Consumer Contract Act, Article 4, paragraph (1), item (i)), and the Act on Specified Commercial Transactions does the same where, in a door-to-door sale, the seller or service provider told them something untrue about such matters as the goods or the price (Article 6, paragraph (1), and Article 9-3, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 93, 94, 95, 96, 97, 98, 99, 123, 522, 527, 540, Consumer Contract Act, Art. 4 and Act on Specified Commercial Transactions, Arts. 6, 9-3 as a reference.
rescission
取消し
Undoing a legal act, such as an offer or acceptance of a contract (意思表示, a manifestation of intention), that the law says may be rescinded: for example one made through an important mistake, though a mistake about the circumstances behind the act only if it had been made clear that they were its basis, and as a rule not where the person was grossly careless (Civil Code, Article 95), or one made under fraud or duress, though fraud by a third party only if the other party knew of it or could have known (Article 96), or one a minor made without the consent of their legal representative (Article 5, paragraph (2)). Once rescinded, the act is treated as void from the start (Article 121). Only the person who made it, their representative or successor, or someone whose consent it needed may rescind it (Article 120). The right is lost if not used within five years from when the act could be confirmed — once the mistake, fraud or other cause has ended and the person knows they can rescind (Article 124) — or twenty years from the act (Article 126). It is lost sooner if the person confirms the act, and once it could be confirmed, performing it or demanding performance without reserving objections counts as confirming it (Articles 122 and 125). The Consumer Contract Act adds grounds of its own, such as a business telling the consumer something untrue about an important matter when soliciting the contract, where the consumer believed it and made the contract because of it (Article 4, paragraph (1), item (i)), and gives most of them a shorter time: one year from when the act could be confirmed, and five years from the contract (Article 7, paragraph (1)).
Written by AI using Civil Code, Arts. 5, 95, 96, 120, 121, 122, 124, 125, 126 and Consumer Contract Act, Arts. 4, 7 as a reference.