Payment Services Act

A person who intends to obtain a license referred to in the preceding Article must, pursuant to the provisions of Cabinet Office Order, submit a written application for a license containing the following particulars to the competent minister:

trade name or other name and address;

amount of capital or funds (meaning funds specified in Article 131 of the Act on General Incorporated Association and General Incorporated Foundation (Act No. 48 of 2006); the same applies in Article 65, paragraph (1), item (ii)) and amount of net assets;

name and location of business offices or offices;

name of company director and company auditor (company director in cases of a company with audit and supervisory committee; company director and executive officer in cases of a company with nominating committee, etc.) or director and auditor;

in cases of a company with accounting advisors, names of accounting advisors;

name or trade name or other name and address of the financial institution, etc. that entrusts the funds transfer transaction analysis business to the person that intends to obtain a license, in connection with the funds transfer transactions carried out thereby; and

other particulars specified by order of the competent ministry.

The following documents must be attached to the written application for a license referred to in the preceding paragraph:

a document to pledge that the applicant does not fall under any of the items of paragraph (2) of the following Article;

articles of incorporation;

certificate of registered particulars;

business rules;

balance sheet and profit and loss statement;

documents stating the expected income and expenditure; and

other documents specified by order of the competent ministry.

When an application for a license referred to in Article 63-23 is filed, the competent minister must examine whether the application conforms to the following criteria:

the provisions of the articles of incorporation and the business rules conform to the laws and regulations, and are sufficient for the provision of the funds transfer transaction analysis services in a proper and steady manner;

the applicant has sufficient financial foundation for the sound operation of the funds transfer transaction analysis services and has favorable prospects for income and expenditure pertaining to the funds transfer transaction analysis services; and

the applicant has, in light of its personnel structures, the knowledge and experience necessary for the provision of the funds transfer transaction analysis services in a proper and steady manner and has sufficient social credibility.

The competent minister must not grant a license when an applicant for a license falls under any of the following items, or a written application for a license or its accompanying documents contain a false statement or lack a statement about important particulars:

a person who is not a stock company or a general incorporated association (limited to a stock company or a general incorporated association which formed any of the following bodies):

board of company directors or council;

board of company auditors, an audit and supervisory committee or a nominating committee, etc. (meaning a nominating committee, etc. provided for in Article 2, item (xii) of the Companies Act; the same applies in Article 66, paragraph (2), item (i), (b)) or auditors;

a corporation which had its registration referred to in Article 37 revoked pursuant to the provisions of Article 56, paragraph (1) or (2), had its registration referred to in Article 62-3 revoked pursuant to the provisions of Article 62-22, paragraph (1) or (2), had the permission referred to in Article 63-23 revoked pursuant to the provisions of Article 63-37, paragraph (1) or (2), or had its license referred to in Article 64, paragraph (1) revoked pursuant to the provisions of Article 82, paragraph (1) or (2), or had the registration, permission or license of the same type in a foreign state (including other administrative dispositions similar to the registration, permission or license) revoked pursuant to the provisions of laws and regulations of the foreign state equivalent to this Act or the Banking Act, etc., and for which five years have not elapsed from the date of the revocation;

a corporation which received an order to discontinue specified funds transfer services pursuant to the provisions of Article 56, paragraph (1) as applied pursuant to Article 37-2, paragraph (2) following the deemed replacement of terms, or received an order to discontinue electronic payment instruments services pursuant to the provisions of Article 62-22, paragraph (1) as applied pursuant to Article 62-8, paragraph (2) following the deemed replacement of terms, or received an order to discontinue the same type of services as these services pursuant to the provisions of laws and regulations of a foreign state that are equivalent to this Act or the Banking Act, etc., and for which five years have not elapsed from the date of the order;

a corporation which has been punished by a fine (including a punishment pursuant to laws and regulations of a foreign state equivalent to this) for violating the provisions of this Act, the Banking Act, etc., the Foreign Exchange and Foreign Trade Act, the Act on the Protection of Personal Information (Act No. 57 of 2003) or the Act on Prevention of Transfer of Criminal Proceeds, or laws and regulations of a foreign state equivalent thereto, and for which five years have not elapsed from the day on which the execution of the sentence ended or from the day on which the sentence ceased to be executed;

a corporation which employs a company director, etc. (meaning a company director, company auditor, executive officer, accounting advisor, director or auditor; hereinafter the same applies in this Chapter and the following Chapter) falling under any of the following items:

a person specified by order of the competent ministry as being unable to properly perform their duties due to a mental or physical disorder;

a person who has not had their rights restored after receiving an order to commence bankruptcy proceedings, or a person equivalent thereto pursuant to laws and regulations of a foreign state;

a person who has been sentenced to imprisonment or a heavier punishment (including equivalent punishment pursuant to laws and regulations of a foreign state), and for whom five years have not elapsed from the day on which the execution of the sentence ended or from the day on which the sentence ceased to be executed;

a person who has been punished by a fine (including a punishment under laws and regulations of a foreign state equivalent to this) for violating the provisions of this Act, the Banking Act, etc., the Foreign Exchange and Foreign Trade Act, the Act on the Protection of Personal Information, the Act on Prevention of Transfer of Criminal Proceeds, the Act on Special Measures Concerning Freezing of Assets Implemented by Japan in Light of the United Nations Security Council Resolution 1267, or the Act on Prevention of Unjust Acts by Organized Crime Group Members, or laws and regulations of a foreign state equivalent thereto, and for whom five years have not elapsed from the day on which the execution of the sentence ended or from the day on which the sentence ceased to be executed; or

if a funds transfer transaction analysis service provider had the license referred to in Article 63-23 revoked pursuant to the provisions of Article 63-37, paragraph (1) or (2) or a corporation had the license or registration (including other administrative dispositions similar to the license or registration) of the same kind revoked in a foreign state pursuant to the provisions of laws and regulations of the foreign state equivalent to this Act, a person who had been a company director, etc. of the corporation at any time during the thirty days prior to the date of the revocation and for whom five years have not elapsed from the relevant date or a person specified by Cabinet Order as similar thereto.

A funds transfer transaction analysis service provider must not have another person provide the funds transfer transaction analysis services in the name of the funds transfer transaction analysis service provider.

A funds transfer transaction analysis service provider must not engage in any business other than the funds transfer transaction analysis services and funds transfer transaction analysis-related business (meaning the business specified by order of the competent ministry as business related to funds transfer transaction analysis services; hereinafter the same applies in this Chapter); provided, however, that this does not apply if a funds transfer transaction analysis service provider has obtained, pursuant to the provisions of order of the competent ministry, the approval from the competent minister for a business that is obviously causing no hindrance to the provision of the funds transfer transaction analysis services in a proper and steady manner by the funds transfer transaction analysis service provider.

Having discontinued the approved business referred to in the proviso to the preceding paragraph, a funds transfer transaction analysis service provider must notify the competent minister to that effect pursuant to the provisions of order of the competent ministry.

A funds transfer transaction analysis service provider must not entrust all or part of its funds transfer transaction analysis services to a person other than another funds transfer transaction analysis service provider.

If a funds transfer transaction analysis service provider entrusts (including the case under multi-tier entrustment arrangements; hereinafter the same applies in this paragraph, paragraph (2), items (i) and (vi) of the following Article, and Article 63-31, paragraph (3)) all or part of its funds transfer transaction analysis services to another funds transfer transaction analysis service provider or entrusts all or part of its funds transfer transaction analysis-related business to a third party, the funds transfer transaction analysis service provider must, pursuant to the provisions of order of the competent ministry, provide guidance to the other service provider or the third party to whom the relevant services or business has been entrusted and take other measures necessary for ensuring the operation of the services or business in a proper and steady manner.