Supplementary Provisions, Article 3Statutory Liens Relating to Pledges or Mortgages Established on Property Belonging to Unincorporated Associations, etc.
第三条(法人でない社団等に属する財産の上に設定されている質権又は抵当権の先取特権)
Where the provisions of Article 11-4 of the New Act apply to property belonging to an association or foundation that is not a corporation but has a representative or administrator designated, on which a pledge or mortgage was established before the enforcement of this Act (excluding the portion relating to the proviso to Article 1 of the Supplementary Provisions; the same applies hereinafter in the following Article), notwithstanding Article 15, paragraph (8) of the New Act, if the holder of the pledge or mortgage proves that fact by a notarial deed, local tax is not to take priority over the claim secured by that pledge or mortgage, up to the value of that property.
local taxmachine translation
「地方税」
A prefectural tax or a municipal tax, as Article 1(1)(iv) of the Local Tax Act defines local tax.
Defined inArticle 1, paragraph (1), item (iv)· applies throughout the law
the New Actmachine translation
「新法」
This Act as amended by Act No. 60 of 1957.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
notarial deed
公正証書
A document drawn up by a notary (公証人), a public officer appointed by the Minister of Justice, at the request of the people concerned (Notary Act, Articles 1 and 11). A notary will not draw one up for anything unlawful or void (Article 26). In the Act on Land and Building Leases it decides whether a lease can end without renewal: a contract for a land lease of 10 to under 50 years for a building used only for business must be made by notarial deed (Article 23, paragraph (3)), while the terms of a land lease of 50 years or more that rule out renewal, and a building lease with no renewal, need only be "in writing, such as a notarial deed" (Article 22, paragraph (1), and Article 38, paragraph (1)), so an ordinary written contract is enough for those two.
Written by AI using Notary Act, Arts. 1, 11, 26 and Act on Land and Building Leases, Arts. 22, 23, 38 as a reference.