Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprises
中小企業倒産防止共済法
Contents
Read it a page of articles at a time; the first page follows below. Or read the whole law on one page.
第一条（目的）
The purpose of this Act is, in order to prevent the occurrence of situations such as small and medium-sized enterprises going bankrupt under the influence of the bankruptcy of their business partner companies, to establish, based on the spirit of mutual aid among small and medium-sized enterprises, a system of mutual aid for the prevention of bankruptcy of small and medium-sized enterprises funded by their contributions, and thereby to contribute to the stability of the management of small and medium-sized enterprises.
この法律は、取引先企業の倒産の影響を受けて中小企業が倒産する等の事態の発生を防止するため、中小企業者の相互扶助の精神に基づき、その拠出による中小企業倒産防止共済制度を確立し、中小企業の経営の安定に寄与することを目的とする。
第二条（定義）
In this Act, a "small and medium-sized enterprise" means a person who falls under any of the following items:
この法律において「中小企業者」とは、次の各号のいずれかに該当する者をいう。
any company whose amount of stated capital or total amount of contributions is not more than three hundred million yen and any company or individual whose number of regular employees is three hundred or less, which operates as its principal business, business belonging to manufacturing business, construction business, transport business or other business types (excluding the business types listed in the following item through item (ii)-3 and the business types provided by Cabinet Order pursuant to item (iii));
資本金の額又は出資の総額が三億円以下の会社並びに常時使用する従業員の数が三百人以下の会社及び個人であつて、製造業、建設業、運輸業その他の業種（次号から第二号の三までに掲げる業種及び第三号の政令で定める業種を除く。）に属する事業を主たる事業として営むもの
any company whose amount of stated capital or total amount of contributions is not more than one hundred million yen and any company or individual whose number of regular employees is one hundred or less, which operates as its principal business, business belonging to wholesale business (excluding the business types provided by Cabinet Order pursuant to item (iii));
資本金の額又は出資の総額が一億円以下の会社並びに常時使用する従業員の数が百人以下の会社及び個人であつて、卸売業（第三号の政令で定める業種を除く。）に属する事業を主たる事業として営むもの
any company whose amount of stated capital or total amount of contributions is not more than fifty million yen and any company or individual whose number of regular employees is one hundred or less, which operates as its principal business, business belonging to service business (excluding the business types provided by Cabinet Order pursuant to item (iii));
資本金の額又は出資の総額が五千万円以下の会社並びに常時使用する従業員の数が百人以下の会社及び個人であつて、サービス業（第三号の政令で定める業種を除く。）に属する事業を主たる事業として営むもの
any company whose amount of stated capital or total amount of contributions is not more than fifty million yen and any company or individual whose number of regular employees is fifty or less, which operates as its principal business, business belonging to retail business (excluding the business types provided by Cabinet Order pursuant to the following item);
資本金の額又は出資の総額が五千万円以下の会社並びに常時使用する従業員の数が五十人以下の会社及び個人であつて、小売業（次号の政令で定める業種を除く。）に属する事業を主たる事業として営むもの
any company whose amount of stated capital or total amount of contributions is not more than the amount provided by Cabinet Order for each of its business types and any company or individual whose number of regular employees is the number provided by Cabinet Order or less for each of its business types, which operates as its principal business, business belonging to any of the business types provided by Cabinet Order;
資本金の額又は出資の総額がその業種ごとに政令で定める金額以下の会社並びに常時使用する従業員の数がその業種ごとに政令で定める数以下の会社及び個人であつて、その政令で定める業種に属する事業を主たる事業として営むもの
an enterprise association;
企業組合
a cooperative partnership; or
協業組合
a business cooperative or other association established under a special Act that satisfies the requirements specified by Cabinet Order.
事業協同組合その他の特別の法律により設立された組合であつて、政令で定める要件に該当するもの
In this Act, a "mutual aid contract" means a contract under which a small and medium-sized enterprise promises to pay premiums to the Organization for Small and Medium Enterprises and Regional Innovation, JAPAN (hereinafter referred to as the "Organization"), and the Organization promises to lend mutual aid benefits, as provided for in this Act, in relation to the occurrence of a situation falling under any of the following items (hereinafter referred to as "bankruptcy") with respect to a business operator that is a counterparty to the transactions of that small and medium-sized enterprise.
この法律において「共済契約」とは、中小企業者が独立行政法人中小企業基盤整備機構（以下「機構」という。）に掛金を納付することを約し、機構がその中小企業者の取引の相手方たる事業者につき次の各号のいずれかに該当する事態（以下「倒産」という。）が生ずることに関し、この法律の定めるところにより共済金を貸し付けることを約する契約をいう。
A petition is filed for the commencement of bankruptcy proceedings, rehabilitation proceedings or reorganization proceedings, or for the commencement of special liquidation;
破産手続開始、再生手続開始、更生手続開始又は特別清算開始の申立てがされること。
At a bill clearinghouse, an announcement is made to the financial institutions conducting bill clearing at that clearinghouse of a fact that causes financial institutions to suspend financial transactions;
手形交換所において、その手形交換所で手形交換を行つている金融機関が金融取引を停止する原因となる事実についての公表がこれらの金融機関に対してされること。
At an electronic monetary claim recording institution prescribed in Article 2, paragraph (2) of the Electronically Recorded Monetary Claims Act (Act No. 102 of 2007) (limited to one that has provided for matters concerning the suspension of financial transactions in the business rules prescribed in Article 56 of that Act and in which financial institutions in the number specified by Order of the Ministry of Economy, Trade and Industry or more participate), an announcement is made to the financial institutions that handle electronically recorded monetary claims at that electronic monetary claim recording institution of a fact that causes financial institutions to suspend financial transactions;
電子記録債権法（平成十九年法律第百二号）第二条第二項に規定する電子債権記録機関（同法第五十六条に規定する業務規程において金融取引の停止に係る事項を定めており、かつ、経済産業省令で定める数以上の金融機関が参加するものに限る。）において、その電子債権記録機関で電子記録債権を取り扱う金融機関が金融取引を停止する原因となる事実についての公表がこれらの金融機関に対してされること。
In addition to what is set out in the preceding three items, a procedure is commenced that is specified by Order of the Ministry of Economy, Trade and Industry as one that is recognized as aimed at obtaining a reduction or exemption of debts or a deferment of due dates because continuation of the business has become difficult owing to excessive debts, and whose commencement date can be identified.
前三号に掲げるもののほか、過大な債務を負つていることにより事業の継続が困難となつているため債務の減免又は期限の猶予を受けることを目的とするものと認められる手続であつて、その開始日を特定することができるものとして経済産業省令で定めるものがされること。
In this Act, a "mutual aid policyholder" means a party to a mutual aid contract other than the Organization.
In this Act, an "early repayment allowance" means an allowance that the Organization pays, pursuant to Article 10, paragraph (6), to a mutual aid policyholder who has completed repayment of the mutual aid benefits lent to them before the time limit by which repayment is to be completed, and has repaid the full amount of those mutual aid benefits by the repayment date.
In this Act, a "temporary loan" means funds that the Organization lends, pursuant to Article 10-2, paragraph (1), to a mutual aid policyholder who temporarily needs business funds.
In this Act, a "cancellation refund" means an allowance that the Organization pays, pursuant to Article 11, paragraph (1), to a person who has cancelled a mutual aid contract.
In this Act, a "full repayment allowance" means an allowance that the Organization pays, pursuant to Article 11-2, paragraph (1), to a mutual aid policyholder who has repaid the full amount of the mutual aid benefits lent to them by the repayment date.
Article 3Conclusion of Contracts
第三条（契約の締結）
A mutual aid contract may not be concluded by anyone other than a small and medium-sized enterprise that has continuously carried on business for one year or more.
A small and medium-sized enterprise that is currently a mutual aid policyholder may not conclude a new mutual aid contract.
The Organization must not refuse to conclude a mutual aid contract except in the following cases:
Where the applicant for the mutual aid contract is a person whose mutual aid contract was cancelled pursuant to Article 7, paragraph (2) and for whom one year has not elapsed from the date of the cancellation;
Where the applicant for the mutual aid contract is a person for whom one year has not elapsed from the date on which the person received, or attempted to receive, a loan of mutual aid benefits or a temporary loan, or payment of an early repayment allowance, cancellation refund or full repayment allowance, by deception or other wrongful act;
Where, in addition to what is set out in the preceding two items, there is a cause specified by Order of the Ministry of Economy, Trade and Industry as a cause likely to impede, through the conclusion of that mutual aid contract, the proper and smooth operation of the small and medium-sized enterprise bankruptcy prevention mutual aid business.
第四条
A mutual aid contract is to be concluded by specifying the monthly premium.
共済契約は、掛金月額を定めて締結するものとする。
The monthly premium is to be 5,000 yen or more and an amount obtained by multiplying 5,000 yen by an integer; provided, however, that it must not exceed an amount equivalent to one-fortieth of the amount equivalent to one-tenth of the amount specified by Cabinet Order in the proviso to Article 9, paragraph (2) (hereinafter referred to as the "premium payment limit").
掛金月額は、五千円以上であつて五千円に整数を乗じて得た額とする。ただし、第九条第二項ただし書の政令で定める額の十分の一に相当する額（以下「掛金納付制限額」という。）の四十分の一に相当する額を超えてはならない。
Article 5Application for Contract
第五条（契約の申込み）
An application for a mutual aid contract must be made by clarifying the monthly premium.
共済契約の申込みは、掛金月額を明らかにしてしなければならない。
Article 6Formation of Contract
第六条（契約の成立）
A mutual aid contract is deemed to have been formed on the date of the application when the Organization accepts the application, and takes effect from that date.
Article 7Cancellation of Contract
第七条（契約の解除）
The Organization may not cancel a mutual aid contract except in the case prescribed in the following paragraph.
The Organization must cancel a mutual aid contract in the following cases:
when a mutual aid policyholder has neglected to pay premiums for a certain number of months or more specified by Order of the Ministry of Economy, Trade and Industry (excluding cases where there is a justifiable reason specified by Order of the Ministry of Economy, Trade and Industry);
共済契約者が経済産業省令で定める一定の月分以上について掛金の納付を怠つたとき（経済産業省令で定める正当な理由がある場合を除く。）。
when a mutual aid policyholder has received, or attempted to receive, by deception or other wrongful act, a loan of mutual aid benefits or a temporary loan, or payment of an early repayment allowance, cancellation refund or full repayment allowance.
A mutual aid policyholder may cancel a mutual aid contract at any time.
Where a mutual aid policyholder dies, is dissolved, splits (limited to a split under which the whole of its business is succeeded to; the same applies hereinafter in this paragraph and Article 12, paragraph (1)), or transfers the whole of its business, and there has been no succession under Article 12, paragraph (1), the mutual aid contract relating to that mutual aid policyholder is deemed to have been cancelled at the time of that death, dissolution, split or transfer of the whole of its business.
The cancellation of a mutual aid contract takes effect only prospectively.
共済契約の解除は、将来に向かつてのみその効力を生ずる。
small and medium-sized enterprisemachine translation
「中小企業者」
A company whose stated capital, or a company or individual whose number of regular employees, is at or below a limit set by industry — 300 million yen or 300 employees in manufacturing, construction, transport and other industries, 100 million yen or 100 in wholesale, 50 million yen or 100 in services, 50 million yen or 50 in retail, or the amounts a Cabinet Order (政令) sets for industries it names — or an enterprise association (企業組合), a cooperative partnership (協業組合), or a business cooperative (事業協同組合) or other union set up under a special law that meets requirements a Cabinet Order sets.
Defined inArticle 2, paragraph (1)· applies throughout the law
bankruptcymachine translation
「倒産」
Any of the events Article 2, paragraph (2) lists happening to a business operator a mutual aid policyholder (共済契約者) trades with: a petition to open bankruptcy, rehabilitation, reorganization or special liquidation proceedings; a public notice, to the financial institutions using a clearing house (手形交換所) or an electronic monetary claim recording institution (電子債権記録機関) as defined in the Electronically Recorded Monetary Claims Act, of a fact that leads them to suspend their transactions with it; or another procedure, set by a Ministry of Economy, Trade and Industry Order (経済産業省令), for seeking to have debts it can no longer carry reduced, forgiven or put off.
Short name set inArticle 2, paragraph (2)
mutual aid contractmachine translation
「共済契約」
A contract under which a small and medium-sized enterprise (中小企業者) 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 that, if a business operator it trades with goes bankrupt (倒産), it will lend it a mutual aid benefit (共済金) as the Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprises provides.
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 and medium-sized enterprises (中小企業者) conclude mutual aid contracts (共済契約) and which lends them mutual aid benefits (共済金).
Short name set inArticle 2, paragraph (2)
mutual aid policyholdermachine translation
「共済契約者」
The party to a mutual aid contract (共済契約) other than 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): the business that pays the premiums (掛金).
Defined inArticle 2, paragraph (3)· applies throughout the law
early repayment allowancemachine translation
「早期償還手当金」
An allowance 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) may pay under Article 10, paragraph (6) to a mutual aid policyholder (共済契約者) who finishes repaying a mutual aid benefit (共済金) it borrowed before the deadline for completing repayment, having repaid the whole of it by the repayment dates (償還期日).
Defined inArticle 2, paragraph (4)· applies throughout the law
temporary loanmachine translation
「一時貸付金」
Money 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) lends under Article 10-2, paragraph (1) to a mutual aid policyholder (共済契約者) who needs business funds for a temporary purpose.
Defined inArticle 2, paragraph (5)· applies throughout the law
cancellation refundmachine translation
「解約手当金」
The refund 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) pays under Article 11, paragraph (1) when a mutual aid contract (共済契約) is cancelled, where premiums (掛金) have been paid for 12 months or more.
Defined inArticle 2, paragraph (6)· applies throughout the law
full repayment allowancemachine translation
「完済手当金」
An allowance 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) may pay under Article 11-2, paragraph (1), when the mutual aid scheme's finances leave a surplus, to a mutual aid policyholder (共済契約者) who has repaid the whole of a mutual aid benefit (共済金) it borrowed by the repayment dates (償還期日).
Defined inArticle 2, paragraph (7)· applies throughout the law
premium payment limitmachine translation
「掛金納付制限額」
One tenth of the amount a Cabinet Order (政令) sets, under the proviso to Article 9, paragraph (2), as the ceiling on the total of mutual aid benefits (共済金) lent and not yet repaid; the monthly premium (掛金月額) may not be more than one fortieth of it.
Short name set inArticle 4, paragraph (2)
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.
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
A public body the State sets up by law, as an incorporated administrative agency (独立行政法人) under its own Act and the Act on General Rules for Incorporated Administrative Agencies (独立行政法人通則法), whose purpose is to lay the groundwork for livelier business activity by small and medium-sized enterprises (中小企業者) and other businesses, through advice and training, loans, investment, grants, debt guarantees, developing facilities in the regions, running mutual aid schemes and other activities (Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agency (独立行政法人中小企業基盤整備機構法), Articles 3 and 4). Among its duties, it runs the small enterprise mutual relief scheme under the Small Enterprise Mutual Relief Projects Act and the bankruptcy prevention mutual relief scheme under the Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprises (Article 15, paragraph (1), items (xvi) and (xvii) of the Organization's own Act).
Written by AI using Act on the Organization for Small & Medium Enterprises and Regional Innovation, Japan, Independent Administrative Agency, Arts. 3, 4, 15 as a reference.