Where, within one year after a ground set out in Article 9, paragraph (1), item (i) or item (ii) arises with respect to a mutual aid policyholder, that person becomes a mutual aid policyholder again without having requested payment of mutual aid benefits, and that person so applies, the numbers of months of paid premiums for the earlier and later mutual aid contracts are aggregated for each same premium unit. The same applies where, within one year after a mutual aid policyholder concerning a mutual aid contract concluded in the capacity of an individual small-scale enterprise (limited to one set out in Article 2, paragraph (1), item (iv)) cancels the mutual aid contract pursuant to the provisions of Article 7, paragraph (3) in a case specified by Order of the Ministry of Economy, Trade and Industry, or after a ground set out in the items of paragraph (4) of that Article arises with respect to a mutual aid policyholder, those persons (excluding a person who has transferred a conditional right pursuant to the proviso to Article 15) become mutual aid policyholders again without having requested payment of a cancellation refund, and those persons so apply.
共済契約者に第九条第一項第一号又は第二号に掲げる事由が生じた後一年以内に、その者が共済金の支給の請求をしないで再び共済契約者となり、かつ、その者の申出があつたときは、前後の共済契約について、同一の掛金区分ごとに、その区分に係る掛金納付月数を通算する。個人たる小規模企業者としての地位において締結した共済契約に係る共済契約者(第二条第一項第四号に掲げるものに限る。)が経済産業省令で定める場合に第七条第三項の規定により共済契約を解除した後又は共済契約者に同条第四項各号に掲げる事由が生じた後一年以内に、これらの者(第十五条ただし書の規定により条件付権利の譲渡しをしたものを除く。)が解約手当金の支給を請求しないで再び共済契約者となり、かつ、これらの者の申出があつたときも、同様とする。
Where a person who has acquired the whole of the business of a mutual aid policyholder concerning a mutual aid contract concluded in the capacity of an individual small-scale enterprise (excluding a person for whom the number of months of paid premiums has ever been aggregated under this paragraph with respect to that mutual aid contract) alone by transfer or succeeded to it by inheritance (in either case, limited to the spouse or child of that mutual aid policyholder), and who has the right to receive payment of all of the mutual aid benefits, etc. concerning the mutual aid contract of that mutual aid policyholder (hereinafter in this paragraph and Article 15 referred to as the "former mutual aid contract") (including a person who has received the transfer of a conditional right pursuant to the proviso to Article 15), within one year from the date of that transfer or the commencement of the inheritance and without having requested payment of those mutual aid benefits, etc., concludes a mutual aid contract in the capacity of an individual small-scale enterprise, and that person so applies, the numbers of months of paid premiums for that former mutual aid contract and the newly concluded mutual aid contract are aggregated for each same premium unit.
個人たる小規模企業者としての地位において締結した共済契約に係る共済契約者(当該共済契約についてこの項の規定により掛金納付月数が通算されたことのある者を除く。)の事業の全部を一人で譲り受け又は相続により承継した者(その共済契約者の配偶者又は子に限る。)であつて、当該共済契約者の共済契約(以下この項及び第十五条において「旧共済契約」という。)に係る共済金等の全部の支給を受ける権利を有するもの(第十五条ただし書の規定により条件付権利の譲渡しを受けたものを含む。)が、当該譲受け又は相続開始の日から一年以内に、当該共済金等の支給の請求をしないで、個人たる小規模企業者としての地位において共済契約を締結し、かつ、その者の申出があつたときは、当該旧共済契約と新たに締結された共済契約について、同一の掛金区分ごとに、その区分に係る掛金納付月数を通算する。
Read this with the articles around it
small-scale enterprisemachine translation
「小規模企業者」
An individual who runs a business with 20 or fewer regular employees in industry, mining, transport and similar fields, 5 or fewer in commerce or services, or no more than a number a Cabinet Order (政令) sets for the industries it names; an individual who takes part in running such a business; or an officer of a company of the same size or of a small and medium-sized enterprise organization (中小企業団体) a Cabinet Order specifies.
Defined inArticle 2, paragraph (1)· applies throughout the law
mutual aid contractmachine translation
「共済契約」
A contract under which a small-scale enterprise (小規模企業者) promises to pay premiums (掛金) to the Organization for Small and Medium Enterprises and Regional Innovation, JAPAN (独立行政法人中小企業基盤整備機構), and the Organization promises to pay a mutual aid benefit (共済金) as the Small Enterprise Mutual Relief Projects Act provides when that person's business is closed or a similar event occurs.
Defined inArticle 2, paragraph (2)· applies throughout the law
mutual aid policyholdermachine translation
「共済契約者」
An individual business operator, or an officer of a company or of a small and medium-sized enterprise organization (中小企業団体), who is a party to a mutual aid contract (共済契約).
Defined inArticle 2, paragraph (3)· applies throughout the law
mutual aid benefit, etc.machine translation
「共済金等」
Mutual aid benefits (共済金) and cancellation refunds (解約手当金).
Short name set inArticle 3, paragraph (5), item (ii)
premium unitmachine translation
「掛金区分」
Each 500-yen unit into which the premium (掛金) paid for each month is divided, in order, to work out a mutual aid benefit (共済金), which is the total of the amounts worked out for each unit.
Short name set inArticle 9, paragraph (2)
former mutual aid contractmachine translation
「旧共済契約」
In Article 13, paragraph (2) and Article 15, the mutual aid contract (共済契約) a policyholder concluded as an individual small-scale enterprise (小規模企業者), other than one whose months of paid premiums (掛金納付月数) under that contract have already once been combined under that paragraph, whose whole business the policyholder's spouse or child alone takes over by transfer or inheritance; if that successor, within a year and without claiming the benefits under it, concludes a contract of their own as an individual small-scale enterprise and asks, the months of paid premiums of the two contracts are combined.
Short name set inArticle 13, paragraph (2)· applies only in this paragraph and in Article 15
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.