Article 12-2Method of Payment of Cancellation Refunds
第十二条の二(解約手当金の支給方法)
Cancellation refunds are to be paid as a lump sum.
解約手当金は、一時金として支給する。
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。
No English for this paragraph yet.
削除
Article 15Prohibition of Transfer, etc.
第十五条(譲渡し等の禁止)
The right to receive payment of mutual aid benefits, etc. may not be transferred, offered as security or seized; provided, however, that this does not apply where the right has been succeeded to by inheritance, where the right to receive payment of mutual aid benefits, etc. concerning the former mutual aid contract that is the subject of the aggregation is transferred to a person who intends to apply for aggregation under Article 13, paragraph (2) on the condition that the person makes that application, or where the right is seized by a disposition for delinquent national taxes (including a disposition made in the same manner).
Article 16Return of Mutual Aid Benefits, etc.
第十六条(共済金等の返還)
Where there is a person who has received payment of mutual aid benefits, etc. by deception or other wrongful conduct, the Organization may have that person return those mutual aid benefits, etc.
Article 16-2Deductions, etc. from Mutual Aid Benefits, etc.
第十六条の二(共済金等からの控除等)
Where the Organization is to pay mutual aid benefits, etc. to a mutual aid policyholder, a surviving family member of the policyholder or a former mutual aid policyholder, and there are mutual aid benefits, etc. to be returned under the preceding Article, premiums (including surcharges) to be paid, or loan principal or interest to be repaid concerning a loan to a mutual aid policyholder or former mutual aid policyholder under Article 15, paragraph (2), item (viii) of the Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agency (Act No. 147 of 2002; hereinafter referred to as the "Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agency"), the Organization may deduct these from those mutual aid benefits, etc.
第十六条の三
Where the Organization has made a loan to a mutual aid policyholder or former mutual aid policyholder under Article 15, paragraph (2), item (viii) of the Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agency, and there is still loan principal or interest to be repaid after the lapse of a period specified by Order of the Ministry of Economy, Trade and Industry after the due date for repayment of that loan, the Organization may, beginning with the premium unit with the smallest number of months of paid premiums among the premium units concerning the premiums paid by that mutual aid policyholder or former mutual aid policyholder, successively draw down the premiums paid for that premium unit and apply them to repayment of that loan principal or interest.
For the purpose of applying Article 9, paragraph (1) and Article 12, paragraph (1) to a mutual aid policyholder or former mutual aid policyholder whose number of months of paid premiums has decreased because premiums were drawn down pursuant to the provisions of the preceding paragraph, that number of months of paid premiums is deemed not to have decreased.
第十七条(掛金の納付)
For each month from the month containing the day on which the mutual aid contract took effect through the month containing the day on which a ground set out in the items of Article 9, paragraph (1) arose or the day on which the mutual aid contract was cancelled, a mutual aid policyholder must pay the premium for that month at the monthly premium as of the last day of that month (for the month containing the day on which a ground set out in the items of that paragraph arose or the day on which the mutual aid contract was cancelled, as of the day on which that ground arose or the day of that cancellation), by the last day of the following month (for the premium for the month containing the day on which the mutual aid contract took effect, by the last day of the second month after the month containing the day on which the mutual aid contract took effect).
The premium for each month may not be paid in installments.
毎月分の掛金は、分割して納付することができない。
Notwithstanding the provisions of paragraph (1), a mutual aid policyholder may refrain from paying premiums only where the Organization has given its consent. In this case, the Organization must not give that consent except in cases specified by Order of the Ministry of Economy, Trade and Industry.
Article 18Reduction in the Case of Advance Payment
第十八条(前納の場合の減額)
Where a mutual aid policyholder has paid a premium on or before the last day of the month preceding that month, the Organization may reduce its amount as provided by Order of the Ministry of Economy, Trade and Industry.
第十九条(割増金)
Where a person who is to pay a premium fails to pay it by the payment due date, the Organization may have that person pay a surcharge.
機構は、掛金を納付すべき者が掛金をその納付期限までに納付しなかつたときは、その者に対し、割増金を納付させることができる。
The amount of a surcharge must not exceed the amount calculated on the amount of the premium at the rate of 14.6 percent per annum, for the number of days from the day following the payment due date to the day preceding the date of payment.
割増金の額は、掛金の額につき年十四・六パーセントの割合で納付期限の翌日から納付の日の前日までの日数によつて計算した額をこえてはならない。
Article 20Extension of Payment Due Date
第二十条(納付期限の延長)
Where the Organization finds that a person who is to pay a premium is unable to pay it by the payment due date due to a disaster or other unavoidable grounds, it may extend the payment due date.
機構は、災害その他やむを得ない事由により掛金を納付すべき者が掛金をその納付期限までに納付することができないと認めるときは、その納付期限を延長することができる。
第二十一条(先取特権)
A person who has the right to receive payment of mutual aid benefits or a cancellation refund has the right to be paid, in priority to other creditors, out of the property of the Organization with respect to the amount of those mutual aid benefits or that cancellation refund (where there are sums of money that the Organization may deduct from those mutual aid benefits or that cancellation refund pursuant to the provisions of Article 16-2, the remaining amount after deducting those sums from those mutual aid benefits or that cancellation refund, respectively).
The amount of the mutual aid benefits or the cancellation refund prescribed in the preceding paragraph is, where there is loan principal or interest which the Organization may repay by drawing down the premiums relating to those mutual aid benefits or that cancellation refund pursuant to the provisions of Article 16-3, paragraph (1), the amount calculated by drawing down those premiums pursuant to the provisions of that paragraph.
The rank of the statutory lien under paragraph (1) is to be next after general statutory liens under the provisions of the Civil Code (Act No. 89 of 1896).
第一項の先取特権の順位は、民法(明治二十九年法律第八十九号)の規定による一般の先取特権に次ぐものとする。
Article 22Calculation of Fractions
第二十二条(端数計算)
Where a fraction of less than 50 sen arises in the amount of mutual aid benefits, etc. or in the present value amount, it is to be rounded down, and where a fraction of 50 sen or more but less than 1 yen arises, it is to be rounded up to 1 yen.
第二十三条(時効)
The right to receive payment of mutual aid benefits, etc. is extinguished by prescription if not exercised for five years from the time when it becomes exercisable, and the right to receive payment of premiums and the right to receive a refund of premiums are extinguished by prescription if not exercised for two years from the time when they become exercisable.
共済金等の支給を受ける権利はこれを行使することができる時から五年間、掛金の納付を受ける権利及び掛金の返還を受ける権利はこれらを行使することができる時から二年間行使しないときは、時効によつて消滅する。
Where a surviving family member who has the right to receive payment of mutual aid benefits is unable to request payment of the mutual aid benefits because it is unknown whether a person of a higher rank or of the same rank is alive or dead, or where that person is, the extinctive prescription of that right is not to be completed within six months from the day on which the request became possible.
共済金の支給を受ける権利を有する遺族が先順位者又は同順位者の生死又は所在が不明であるために共済金の支給の請求をすることができない場合には、その請求をすることができることとなつた日から六月以内は、当該権利の消滅時効は、完成しないものとする。
In calculating a period relating to a request for payment of mutual aid benefits, etc. or a request for a refund of premiums, where the request is made by mail, or by correspondence delivery prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) provided by a general correspondence delivery service provider prescribed in paragraph (6) of that Article or a specified correspondence delivery service provider prescribed in paragraph (9) of that Article, the number of days required for sending is not counted in that period.
共済金等の支給の請求又は掛金の返還の請求に係る期間を計算する場合において、その請求が郵便又は民間事業者による信書の送達に関する法律(平成十四年法律第九十九号)第二条第六項に規定する一般信書便事業者若しくは同条第九項に規定する特定信書便事業者による同条第二項に規定する信書便により行われたものであるときは、送付に要した日数は、その期間に算入しない。
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
the Organizationmachine translation
「機構」
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), an incorporated administrative agency, with which small-scale enterprises (小規模企業者) conclude mutual aid contracts (共済契約) and which pays the mutual aid benefits (共済金).
Short name set inArticle 2, paragraph (2)
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)
present value amountmachine translation
「現価相当額」
Where a mutual aid benefit (共済金) is being paid in installments and the mutual aid policyholder (共済契約者) dies, or meets with a severe disability or other special circumstance a Ministry of Economy, Trade and Industry Order (経済産業省令) sets and asks for it, the present value of each installment (分割共済金) whose payment month (支給期月) has not yet come, the total of which is paid in one lump sum.
Short name set inArticle 9-4, paragraph (1)
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
Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agencymachine translation
「機構法」
Short name for the Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agency (Act No. 147 of 2002).
Short name set inArticle 16-2, paragraph (1)
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.