Act on Public Consultants on Social and Labour Insurance
社会保険労務士法
Chapter IV-2 Labor and Social Security Attorney Corporations (Articles 25-15-4 to 25-23)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 25-15-4第二十五条の十五の四
Responsibility for Acts Mistaken as Acts of Members(社員であると誤認させる行為をした者の責任)
Article 25-15-4, paragraph (1)
If a person who is not a member has committed an act that makes others mistake that person for a member, that person who is not a member bears the same responsibility as a member toward a person who has dealt with the labor and social security attorney corporation based on that mistake.
A labor and social security attorney corporation must have a member who is a member of a labor and social security attorney's association established in the area of the prefecture in which the office is located reside permanently at each of its offices.
Handling of Dispute Resolution Procedure Representation Business(紛争解決手続代理業務の取扱い)
Article 25-16-2, paragraph (1)
A labor and social security attorney corporation whose purpose is to conduct dispute resolution procedure representation business may not handle dispute resolution procedure representation business at an office where no specified member resides permanently.
Restrictions on Business Concerning Specific Cases(特定の事件についての業務の制限)
Article 25-17, paragraph (1)
A labor and social security attorney corporation whose purpose is to conduct dispute resolution procedure representation business must not conduct dispute resolution procedure representation business with regard to the cases listed in the following items. However, with regard to the case listed in item (iii), this does not apply if the client of the case that the corporation has accepted consents:
a case, as one relating to dispute resolution procedure representation business, in which the corporation has received consultation from the other party and has assisted that party, or has accepted that party's request;
紛争解決手続代理業務に関するものとして、相手方の協議を受けて賛助し、又はその依頼を承諾した事件
Article 25-17, paragraph (1), item (ii)
a case in which the corporation has received consultation from the other party as one relating to dispute resolution procedure representation business, where the extent and method of that consultation are found to be based on a relationship of trust;
another case commissioned by the other party of a case that the corporation has accepted as pertaining to dispute resolution procedure representation business;
紛争解決手続代理業務に関するものとして受任している事件の相手方からの依頼による他の事件
Article 25-17, paragraph (1), item (iv)
a case that, as a case prescribed in Article 22, paragraph (1) or a case listed in the items of paragraph (2) of that Article, is one in which half or more of the members are prohibited from conducting their business or dispute resolution procedure representation business.
A member of a labor and social security attorney corporation must not engage, for the member or a third party, in business falling within the scope of the business of that labor and social security attorney corporation, or become a member of another labor and social security attorney corporation.
When a member of a labor and social security attorney corporation has, in violation of the preceding paragraph, engaged for the member or a third party in business falling within the scope of the business of that labor and social security attorney corporation, the amount of profit obtained by that member or third party through that business is presumed to be the amount of damage incurred by the labor and social security attorney corporation.
A labor and social security attorney corporation must not have a person who is not a labor and social security attorney perform the affairs listed in Article 2, paragraph (1), items (i) through (i)-3 and item (ii).
A labor and social security attorney corporation whose purpose is to conduct dispute resolution procedure representation business must not have a person who is not a specified labor and social security attorney conduct dispute resolution procedure representation business.
A member of a labor and social security attorney corporation withdraws for the following reasons:
社会保険労務士法人の社員は、次に掲げる理由によつて脱退する。
Article 25-21, paragraph (1), item (i)
cancellation of registration as a labor and social security attorney;
社会保険労務士の登録の抹消
Article 25-21, paragraph (1), item (ii)
occurrence of a reason specified in the articles of incorporation;
定款に定める理由の発生
Article 25-21, paragraph (1), item (iii)
the consent of all members;
総社員の同意
Article 25-21, paragraph (1), item (iv)
removal.
除名
Article 25-22第二十五条の二十二
Dissolution(解散)
Article 25-22, paragraph (1)
A labor and social security attorney corporation is dissolved for the following reasons:
社会保険労務士法人は、次に掲げる理由によつて解散する。
Article 25-22, paragraph (1), item (i)
occurrence of a reason specified in the articles of incorporation;
定款に定める理由の発生
Article 25-22, paragraph (1), item (ii)
the consent of all members;
総社員の同意
Article 25-22, paragraph (1), item (iii)
merger with another labor and social security attorney corporation;
他の社会保険労務士法人との合併
Article 25-22, paragraph (1), item (iv)
a ruling to commence bankruptcy proceedings;
破産手続開始の決定
Article 25-22, paragraph (1), item (v)
a judicial decision ordering dissolution;
解散を命ずる裁判
Article 25-22, paragraph (1), item (vi)
an order of dissolution under Article 25-24, paragraph (1);
第二十五条の二十四第一項の規定による解散の命令
Article 25-22, paragraph (1), item (vii)
absence of all members.
社員の欠亡
Article 25-22, paragraph (2)
When a labor and social security attorney corporation has been dissolved for a reason other than the reason set forth in item (iii) of the preceding paragraph, it must, within two weeks from the day of dissolution, notify the Federation to that effect via the labor and social security attorney's association for the location of the principal office.
Continuation of Labor and Social Security Attorney Corporation(社会保険労務士法人の継続)
Article 25-22-2, paragraph (1)
The liquidator may, only in the case where the labor and social security attorney corporation has come to fall under paragraph (1), item (vii) of the preceding Article due to the death of a member, with the consent of the heir of that member (or, where a person who is to exercise the rights of a member has been determined under the provisions of Article 608, paragraph (5) of the Companies Act as applied mutatis mutandis pursuant to Article 675 of that Act as applied mutatis mutandis pursuant to Article 25-25, paragraph (2), that person), admit a new member and continue the labor and social security attorney corporation.
The dissolution and liquidation of a labor and social security attorney corporation are subject to the supervision of the court.
社会保険労務士法人の解散及び清算は、裁判所の監督に属する。
Article 25-22-3, paragraph (2)
The court, on its own authority, may conduct any inspection that is necessary for the supervision referred to in the preceding paragraph at any time.
裁判所は、職権で、いつでも前項の監督に必要な検査をすることができる。
Article 25-22-3, paragraph (3)
The court that supervises the dissolution and liquidation of a labor and social security attorney corporation may request the opinion of the Minister of Health, Labour and Welfare or commission an investigation.
The Minister of Health, Labour and Welfare may state an opinion to the court prescribed in the preceding paragraph.
厚生労働大臣は、前項に規定する裁判所に対し、意見を述べることができる。
Article 25-22-4第二十五条の二十二の四
Notification of the Conclusion of a Liquidation Procedure(清算結了の届出)
Article 25-22-4, paragraph (1)
When liquidation has been concluded, the liquidator must notify the Federation to that effect.
清算が結了したときは、清算人は、その旨を連合会に届け出なければならない。
Article 25-22-5第二十五条の二十二の五
Jurisdiction over Cases Concerning Supervision of Dissolution and Liquidation(解散及び清算の監督に関する事件の管轄)
Article 25-22-5, paragraph (1)
Cases concerning the supervision of the dissolution and liquidation of a labor and social security attorney corporation fall under the jurisdiction of the district court having jurisdiction over the location of its principal office.
The court may appoint an inspector to have an investigation conducted that is necessary for the supervision of the dissolution and liquidation of a labor and social security attorney corporation.
No appeal may be filed against a judicial decision on the appointment of an inspector under the preceding paragraph.
前項の検査役の選任の裁判に対しては、不服を申し立てることができない。
Article 25-22-6, paragraph (3)
When the court has appointed an inspector under paragraph (1), it may determine the amount of remuneration that the labor and social security attorney corporation is to pay to that inspector. In this case, the court must hear the statements of that labor and social security attorney corporation and of the inspector.
A labor and social security attorney corporation may merge with another labor and social security attorney corporation if there is the consent of all members.
社会保険労務士法人は、総社員の同意があるときは、他の社会保険労務士法人と合併することができる。
Article 25-23, paragraph (2)
A merger takes effect when the labor and social security attorney corporation that survives the merger or the labor and social security attorney corporation established by the merger registers at the location of its principal office.
When a labor and social security attorney corporation has merged, it must, within two weeks from the date of the merger, notify the Federation to that effect, attaching a certificate of registered information (in the case of a labor and social security attorney corporation established by the merger, a certificate of registered information and a copy of the articles of incorporation), via the labor and social security attorney's association for the location of the principal office.
The labor and social security attorney corporation that survives the merger or the labor and social security attorney corporation established by the merger succeeds to the rights and obligations of the labor and social security attorney corporation that ceases to exist due to that merger.