A creditor of obligations borne by a funds transfer service provider in relation to funds transfer transactions for a single category of funds transfer services provided by the funds transfer service provider (excluding the case where a person qualified as a performance guarantor that has performed obligations under a performance guarantor's debt assumption contract or a performance guarantor's guarantee contract subrogates to that creditor pursuant to the provisions of Article 499 of the Civil Code (Act No. 89 of 1896)) has the right to receive, in preference over other creditors, payments for the return of security deposits for providing that category of funds transfer services; provided, however, that creditors of obligations that a funds transfer service provider to whom the provisions of Article 45-2, paragraph (1) are applied bears in relation to the funds transfer transactions (limited to funds transfer transactions pertaining to type III funds transfer services) carried out thereby are to have that right, with respect to the claims pertaining to those obligations, up to the amount obtained by deducting the amount obtained by multiplying the amount of the claim by the rate for managing bank deposits or savings from the amount of the claim.
資金移動業者がその営む一の種別の資金移動業に係る為替取引に関し負担する債務に係る債権者(履行保証人債務引受契約又は履行保証人保証契約に基づく債務の弁済をした履行保証人適格者が、民法(明治二十九年法律第八十九号)第四百九十九条の規定により当該債権者に代位する場合を除く。)は、当該種別の資金移動業に係る履行保証金について、他の債権者に先立ち弁済を受ける権利を有する。ただし、第四十五条の二第一項の規定の適用を受けている資金移動業者がその行う為替取引(第三種資金移動業に係るものに限る。)に関し負担する債務に係る債権者は、当該債務に係る債権については、当該債権の額から当該債権の額に預貯金等管理割合を乗じて得た額を控除した額を限度として、当該権利を有するものとする。
In the cases falling under any of the following items, when the Prime Minister finds it necessary for the protection of the interests of users of funds transfer services, the Minister must give public notice to the effect that persons holding the right specified in the preceding paragraph must file their claims with the Prime Minister within a certain period of not less than sixty days and that they are excluded from the procedure for the fulfillment of the right to the return of the security deposits for providing funds transfer services pertaining to the public notice unless they file their claims within the notified period and take other measures necessary for the fulfillment of the right prescribed in that paragraph:
when a petition is filed for the fulfillment of the right specified in the preceding paragraph; or
前項の権利の実行の申立てがあったとき。
when a petition for commencement of bankruptcy proceedings, etc. is filed against a funds transfer service provider.
資金移動業者について破産手続開始の申立て等が行われたとき。
The Prime Minister may, pursuant to the provisions of Cabinet Office Order, entrust the administrative functions related to the fulfillment of the right prescribed in paragraph (1) to a deposit-taking institution or any other person specified by Cabinet Order (referred to as "agents for a regional finance office that distributes security deposits to holders of prepaid payment instruments" in the following paragraph and in paragraph (5)).
Notwithstanding the provisions of any other Acts, an agent for a regional finance office that distributes security deposits to holders of prepaid payment instruments may engage in the business entrusted to the agent pursuant to the provisions of the preceding paragraph.
With regard to the application of the Penal Code and other penal provisions, an agent for a regional finance office that distributes security deposits to holders of prepaid payment instruments to whom business has been entrusted pursuant to the provisions of paragraph (3) or its officers or employees engaging in the entrusted business are deemed to be officials engaged in public service pursuant to laws and regulations.
Beyond what is provided for in paragraph (2) through the preceding paragraph, particulars necessary for the fulfillment of the right prescribed in paragraph (1) are specified by Cabinet Order.
If a person to whom funds transfer services have been entrusted by a funds transfer service provider or any other related person of the funds transfer service provider is requested by the Prime Minister to extend their cooperation necessary for the fulfillment of the right prescribed in paragraph (1) of the preceding Article pertaining to funds transfer transactions carried out by the funds transfer service provider, the person is to endeavor to respond to the request.
If a funds transfer service provider falls under any of the following items, it must notify the Prime Minister to that effect without delay:
資金移動業者は、次の各号のいずれかに該当する場合には、遅滞なく、内閣総理大臣に届け出なければならない。
the funds transfer service provider discontinues all or part of the funds transfer service; or
資金移動業の全部又は一部を廃止したとき。
the funds transfer service provider falls under Article 59, paragraph (2), item (ii).
第五十九条第二項第二号に掲げるとき。
If a funds transfer service provider discontinues all of the funds transfer service, the registration of the funds transfer service provider referred to in Article 37 ceases to be effective. In this case, a person who has been the funds transfer service provider is deemed to be a funds transfer service provider within the scope of the purpose of completing the performance of obligations borne by the service provider in relation to the funds transfer transactions carried out by it.
When intending to discontinue all or part of the funds transfer services, a funds transfer service provider must, pursuant to the provisions of Cabinet Office Order, give public notice to that effect and post a notice to that effect in a place easily seen by the public at all of its business offices at least thirty days prior to the relevant date.
Having given public notice pursuant to the provisions of the preceding paragraph, a funds transfer service provider must notify the Prime Minister to that effect immediately.
Having given public notice pursuant to the provisions of paragraph (3) (excluding cases where it has given public notice concerning the succession of the relevant business by way of transfer of business, merger or company split, or for other reasons) a funds transfer service provider must, promptly complete the performance of obligations that it has borne in relation to the funds transfer transactions carried out by it in the course of the funds transfer services that the service provider intends to discontinue.
The provisions of Article 940, paragraph (1) (limited to the part pertaining to item (i)) and Article 940, paragraph (3) of the Companies Act applies mutatis mutandis to cases where a funds transfer service provider (excluding a foreign funds transfer service provider) gives public notice under the provisions of paragraph (3) by way of electronic public notice (meaning electronic public notice specified in Article 2, item (xxxiv) of that Act; the same applies in the following paragraph). In this case, any necessary technical replacement of terms is specified by Cabinet Order.
会社法第九百四十条第一項(第一号に係る部分に限る。)及び第三項の規定は、資金移動業者(外国資金移動業者を除く。)が電子公告(同法第二条第三十四号に規定する電子公告をいう。次項において同じ。)により第三項の規定による公告をする場合について準用する。この場合において、必要な技術的読替えは、政令で定める。
The provisions of Article 940, paragraph (1) (limited to the part pertaining to item (i)) and Article 940, paragraph (3), Article 941, Article 946, Article 947, Article 951, paragraph (2), Article 953, and Article 955 of the Companies Act apply mutatis mutandis to cases where a funds transfer service provider that is a foreign funds transfer service provider gives public notice under the provisions of paragraph (3) by way of electronic public notice. In this case, any necessary technical replacement of terms is specified by Cabinet Order.
Article 62Completion of Performance of Obligations Due to Revocation of Registration
第六十二条(登録の取消し等に伴う債務の履行の完了等)
With regard to a funds transfer service provider, when the registration referred to in Article 37 has been revoked pursuant to provisions of Article 56, paragraph (1) or (2) (excluding cases specified by Cabinet Office Order as being less likely to weaken the protection of users of funds transfer services or hinder the provision of funds transfer services in a proper and steady manner), the person who has been the funds transfer service provider must promptly complete the performance of obligations borne by the service provider in relation to the funds transfer transactions carried out by it. In this case, the person who has been the funds transfer service provider is deemed to be a funds transfer service provider within the scope of the purpose of completing the performance of these obligations.
With regard to a funds transfer service provider providing two or more types of funds transfer services, when a change of type of funds transfer service due to the discontinuation of one type of whole funds transfer services has been registered in the register of funds transfer service providers pursuant to the provisions of Article 41, paragraph (5), the funds transfer service provider must promptly complete the performance of obligations borne by it in relation to the funds transfer transactions for the types of funds transfer services that it has discontinued. In this case, the funds transfer service provider is deemed to be registered as a funds transfer service provider providing those types of funds transfer services referred to in Article 37 within the scope of the purpose of completing the performance of these obligations.
Article 62-2Prohibition on Solicitation by Foreign Funds Transfer Service Providers
第六十二条の二(外国資金移動業者等の勧誘の禁止)
Unless otherwise prescribed by laws and regulations, a foreign funds transfer service provider that has not been registered as referred to in Article 37 and a foreign trust business operator prescribed in Article 2, paragraph (5) of the Trust Business Act (excluding a foreign trust company (meaning the foreign trust company prescribed in Article 2, paragraph (6) of that Act) that has filed a notification under the provisions of Article 37-2, paragraph (3)) must not solicit a person in Japan for funds transfer transactions.
第三十七条の登録を受けていない外国資金移動業者及び信託業法第二条第五項に規定する外国信託業者(第三十七条の二第三項の規定による届出をしている外国信託会社(同法第二条第六項に規定する外国信託会社をいう。)を除く。)は、法令に別段の定めがある場合を除き、国内にある者に対して、為替取引の勧誘をしてはならない。