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。
Read this with the articles around it
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
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.