Payment Services Act

A clearing institution for interbank funds transfer must provide the clearing services for interbank funds transfer pursuant to the provisions of its business rules.

The business rules must specify the following particulars:

type of transactions that give rise to obligations subject to the clearing services for interbank funds transfer;

particulars concerning the requirements for a person who is the other party to the clearing services for interbank funds transfer (hereinafter referred to as the "clearing participant" in this Chapter);

particulars concerning the assumption of obligations, novation, and other means carried out in the course of the clearing services for interbank funds transfer;

particulars concerning the securing of performance of obligations of a clearing participant;

particulars concerning the securing of continued provision of the clearing services for interbank funds transfer;

if a clearing institution for interbank funds transfer engages in business other than the clearing services for interbank funds transfer and business related thereto, particulars concerning measures to ensure that the business will not prevent the provision of the clearing services for interbank funds transfer in a proper and steady manner;

if a clearing institution for interbank funds transfer entrusts part of its clearing services for interbank funds transfer to a third party, particulars concerning the establishment of a system to ensure the operation of the entrusted business by the third party in a proper and steady manner;

if a clearing institution for interbank funds transfer concludes a contract for the clearing services for interbank funds transfer that contains important particulars specified by Cabinet Office Order with a foreign national or a corporation established under the laws and regulations of a foreign state, a statement to that effect; and

other particulars specified by Cabinet Office Order.

A clearing institution for interbank funds transfer must prescribe that if any loss is caused by the clearing services for interbank funds transfer, all of the losses are borne by the clearing participant in its business rules and take other measures to ensure appropriate provision of the clearing services for interbank funds transfer.

If a clearing institution for interbank funds transfer prescribes the methods to perform netting calculations, to apply collateral to payment of obligations, and other payment and settlement methods in its business rules, when a bankruptcy proceeding, rehabilitation proceeding, reorganization proceeding, special liquidation proceeding, or recognition and assistance proceeding has been started against a clearing participant, the method used to determine the amount of claims pertaining to outstanding obligations, etc. held by the clearing institution for interbank funds transferor the clearing participant and other payment and settlement methods used in relation to these proceedings are to be governed by those business rules.

The term "outstanding obligations, etc." as used in the preceding paragraph means obligations borne in the course of the clearing services for interbank funds transfer to a clearing participant by way of assumption, novation, or other means, claims against that clearing participant (limited to those having the same content as those obligations) acquired as consideration for bearing those obligations, and security of those claims.

In bankruptcy proceedings, rehabilitation proceedings or reorganization proceedings, the claims specified in paragraph (1) that a clearing institution for interbank funds transfer has, are bankruptcy claims, rehabilitation claims, or reorganization claims, and the claims specified in paragraph (1) that a clearing participant has, are the properties that belong to the bankruptcy estate, rehabilitation debtor's assets, or the property of the reorganization company, or the property of the reorganization cooperative financial institution.

A company director, etc. (or, if a company director, etc. is a corporation, a person who is to perform the duties; the same applies in the following paragraph) or an employee of a clearing institution for interbank funds transfer, or a person who was formerly in that position must not divulge or misappropriate any confidential information learned during the course of their duties relating to the clearing services for interbank funds transfer or other business related thereto to another person.

A company director, etc. or an employee of a clearing institution for interbank funds transfer, or a person who was formerly in that position must not use any information learned during the course of their duties relating to the clearing services for interbank funds transfer or other business related thereto for any purpose other than using those for the clearing services for interbank funds transfer or other business related thereto.

The provisions of the preceding two paragraphs apply mutatis mutandis to a person to whom business is entrusted pursuant to the provisions of Article 70, paragraph (1) (or, if the person is a corporation; its officers) or the person's employees and other persons who engage in the entrusted business, or persons who were formerly in that position.

A clearing institution for interbank funds transfer must not provide unjust discriminatory treatment to a particular person in relation to the clearing services for interbank funds transfer.

When a clearing institution for interbank funds transfer intends to amend the articles of incorporation or business rules, it must obtain the authorization from the Prime Minister.

When any of the particulars set forth in Article 65, paragraph (1), item (ii) are changed (excluding the amount of net assets) or items (iii) through (v) of that paragraph, a clearing institution for interbank funds transfer must notify the Prime Minister to that effect without delay.

A clearing institution for interbank funds transfer must, pursuant to the provisions of Cabinet Office Order, prepare and maintain the books and documents on its clearing services for interbank funds transfer.

A clearing institution for interbank funds transfer must, pursuant to the provisions of Cabinet Office Order, prepare a written report on its clearing services for interbank funds transfer for each business year and submit it to the Prime Minister.

When the Prime Minister finds it necessary for the provision of the clearing services for interbank funds transfer in a proper and steady manner, the Prime Minister may order that clearing institution for interbank funds transfer to submit reports or materials that can be used as reference for its business or property, or have officials enter the business office, office or other facility of the clearing institution for interbank funds transfer, ask questions about the status of its business or property or inspect its books and documents or other items.

When the Prime Minister finds it particularly necessary for the provision of the clearing services for interbank funds transfer in a proper and steady manner, the Minister may, to the extent necessary for this, order a person to whom business has been entrusted by the clearing institution for interbank funds transfer (including persons to whom the service has been entrusted by the entrusted person (including multi-tier entrustment arrangements); hereinafter the same applies in this Article) to submit reports or materials that can be used as reference for the business or property of the clearing institution for interbank funds transfer, or have officials enter the facility of the person to whom business has been entrusted by the clearing institution for interbank funds transfer, ask questions about the status of the business or property of the clearing institution for interbank funds transfer or inspect its books and documents or other items.

A person to whom business has been entrusted by a clearing institution for interbank funds transfer referred to in the preceding paragraph may, if there are reasonable grounds, refuse the submission of reports or materials, or the questions or inspection under the provisions of that paragraph.

When the Prime Minister finds it necessary for the provision of clearing services for interbank funds transfer in a proper and steady manner, the Minister may, to the extent necessary for this, order a clearing institution for interbank funds transfer to take necessary measures to improve the operation of its business or its financial status, or other measures necessary for the supervision.

If it turned out that a clearing institution for interbank funds transfer already falls under any of the items of Article 66, paragraph (2) when it obtained a license referred to in Article 64, paragraph (1), the Prime Minister may revoke the license referred to in Article 64, paragraph (1).

The Prime Minister may, when a clearing institution for interbank funds transfer violates this Act or an order under this Act, or a disposition under this Act or the order, revoke the license referred to in Article 64, paragraph (1) or the approval referred to in the proviso to Article 69, paragraph (1), order suspension of all or part of the business of the clearing institution for interbank funds transfer by setting a period not exceeding six months, or order the clearing institution for interbank funds transfer to dismiss its company directors, etc.

A resolution to discontinue the clearing services of a clearing institution for interbank funds transfer or a resolution of dissolution of a clearing institution for interbank funds transfer does not come into effect without the approval of the Prime Minister.

When the Prime Minister finds that maintenance of an orderly financial system may be materially affected by implementing any of the following dispositions on a clearing institution for interbank funds transfer, the Minister must consult with the Minister of Finance about measures necessary for maintaining of an orderly financial system in advance:

revocation of the license referred to in Article 64, paragraph (1) under the provisions of Article 82, paragraph (1) or (2); or

order to suspend all or part of the business pursuant to the provisions of Article 82, paragraph (2).

The Prime Minister is to, when implementing any of the following dispositions, promptly notify the Minister of Finance to that effect:

granting of a license referred to in Article 64, paragraph (1);

revocation of the license referred to in Article 64, paragraph (1) pursuant to the provisions of Article 82, paragraph (1) or (2);

order to suspend all or part of the business pursuant to the provisions of Article 82, paragraph (2); or

approval under the provisions of Article 83.

If the Prime Minister finds it necessary in order to reach a disposition based on the provisions of this Chapter, the Minister may seek the opinion from the Bank of Japan.