A director or auditor of a medical corporation as an association, if they neglected their duties, are liable to compensate the relevant medical corporation for damages caused thereby.
社団たる医療法人の理事又は監事は、その任務を怠つたときは、当該医療法人に対し、これによつて生じた損害を賠償する責任を負う。
When a director of a medical corporation as an association has conducted a transaction set forth in item (i) of Article 84, paragraph (1) of the Act on General Incorporated Associations and General Incorporated Foundations in violation of the same paragraph as applied mutatis mutandis by replacing the terms pursuant to Article 46-6-4, the amount of profit obtained by the director or a third party from the relevant transaction is presumed to be the amount of damage set forth in the preceding paragraph.
When a medical corporation as an association has suffered damage due to a transaction set forth in Article 84, paragraph (1) item (ii) or (iii) of the Act on General Incorporated Associations and General Incorporated Foundations as applied mutatis mutandis by replacing the terms pursuant to Article 46-6-4, any of the directors listed below is presumed to have neglected their duties:
a director set forth in Article 84, paragraph (1) of the Act on General Incorporated Associations and General Incorporated Foundations as applied mutatis mutandis by replacing the terms pursuant to Article 46-6-4;
第四十六条の六の四において読み替えて準用する一般社団法人及び一般財団法人に関する法律第八十四条第一項の理事
a director who has decided that the medical corporation as an association is to conduct the relevant transaction; and
社団たる医療法人が当該取引をすることを決定した理事
a director who voted in favor of the resolution for approval of the relevant transaction by the board of directors.
当該取引に関する理事会の承認の決議に賛成した理事
The provisions of the preceding three paragraphs apply mutatis mutandis to councillors or directors, or auditors of a medical corporation as a foundation.
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