第十二条(承継)
Where, with respect to a mutual aid policyholder, there has been inheritance, merger or split, or transfer of the whole of its business, its universal successor or the transferee of the whole of its business (hereinafter referred to as the "successor, etc.") may, by making an application to the Organization within the period specified by Order of the Ministry of Economy, Trade and Industry and obtaining its consent, succeed to the position held by that mutual aid policyholder.
The Organization must not refuse the consent under the preceding paragraph, except in the following cases:
when the successor, etc. is not a small and medium-sized enterprise;
where there are mutual aid benefits or temporary loans to be repaid, interest to be paid or penalties under Article 10, paragraph (3) or Article 10-2, paragraph (5) to be paid, or mutual aid benefits, temporary loans, early repayment allowances, cancellation refunds or full repayment allowances to be returned pursuant to the following Article, in relation to the mutual aid policyholder whose position is to be succeeded to pursuant to the preceding paragraph, and the successor, etc. does not assume the obligation to repay, pay or return them;
when a ground set out in the items of Article 3, paragraph (3) exists with respect to the successor, etc.
Where the monthly premium of a mutual aid policyholder who has succeeded pursuant to paragraph (1) would exceed an amount equivalent to one-fortieth of the premium payment limit, the monthly premium is to be an amount equivalent to one-fortieth of the premium payment limit.
Where the total premium amount of a mutual aid policyholder who has succeeded pursuant to paragraph (1), calculated in the same manner as under the provisions of Article 11, paragraph (4), would exceed the premium payment limit, the total premium amount is to be the premium payment limit, and the Organization returns the amount by which it would exceed to that person.
In the case referred to in the preceding paragraph, the Organization may deduct the total amount of the amounts set out in the following items from the amount to be returned:
the portion of the temporary loan to be repaid that exceeds the maximum loan amount of the temporary loan that would be lent to the successor, etc. on the assumption that that temporary loan did not exist at the time of the succession;
the amount of interest and penalties on the portion of that temporary loan equivalent to the amount referred to in the preceding item.
Beyond what is provided for in the preceding three paragraphs, matters necessary for succession are specified by Cabinet Order.
前三項に定めるもののほか、承継に関し必要な事項は、政令で定める。
Article 13Return of Mutual Aid Benefits, etc.
第十三条(共済金等の返還)
Where there is a person who has received 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, the Organization may have that person return those mutual aid benefits, temporary loan, early repayment allowance, cancellation refund or full repayment allowance.
第十四条(掛金の納付)
Except in the cases prescribed in paragraphs (3) through (6), a mutual aid policyholder must pay premiums for each month from the month containing the date on which the mutual aid contract took effect to the month containing the date on which the mutual aid contract was cancelled, based on the monthly premium as of the last day of that month (for the month containing the date of cancellation, the date of cancellation), by the last day of that month (for the premiums for the month containing the date on which the mutual aid contract took effect and the following month, by the last day of the second month after the month containing the date on which the mutual aid contract took effect).
共済契約者は、第三項から第六項までに規定する場合を除き、共済契約が効力を生じた日の属する月から共済契約が解除された日の属する月までの各月につき、その月の末日(共済契約が解除された日の属する月にあつてはその解除の日)における掛金月額により、その月の末日(共済契約が効力を生じた日の属する月分及びその翌月分の掛金にあつては、共済契約が効力を生じた日の属する月の翌々月末日)までに掛金を納付しなければならない。
Premiums may not be paid in installments.
掛金は、分割して納付することができない。
Where payment of premiums would cause the total premium amount calculated in the same manner as under the provisions of Article 11, paragraph (4) to exceed the premium payment limit, a mutual aid policyholder may not pay premiums for the amount by which it would exceed.
A mutual aid policyholder whose total premium amount calculated in the same manner as under the provisions of Article 11, paragraph (4) has reached an amount equivalent to 40 times the monthly premium (where the monthly premium has been increased or decreased, the monthly premium after the increase or decrease) may, as specified by Order of the Ministry of Economy, Trade and Industry, notify the Organization and refrain from paying premiums.
A mutual aid policyholder who has received, or is to receive, a loan of mutual aid benefits pursuant to Article 9, paragraph (1) may, with the consent of the Organization, refrain from paying premiums only for a period within the grace period for the repayment of those mutual aid benefits. In this case, the Organization is to give that consent only where it finds that there are unavoidable circumstances for not paying.
Where the total amount of the amount obtained by deducting the amount of mutual aid benefits already repaid from the amount of mutual aid benefits already lent or to be lent, and an amount equivalent to ten times the total premium amount calculated in the same manner as under the provisions of Article 11, paragraph (4), has reached the amount specified by Cabinet Order in the proviso to Article 9, paragraph (2), a mutual aid policyholder may, by applying to the Organization, refrain from paying premiums only for the period until that total amount falls below that amount specified by Cabinet Order.
第十五条(前納)
Where a mutual aid policyholder has paid premiums on or before the last day of the month preceding the month in which they are to be paid (hereinafter referred to as "advance payment of premiums"), the Organization may reduce the amount of those premiums as specified by Order of the Ministry of Economy, Trade and Industry.
With regard to premiums for which advance payment of premiums has been made, the premiums for each month are deemed to have been paid when the first day of each month in which they are to be paid arrives.
掛金前納がされた掛金については、その納付すべき各月の初日が到来した時に、それぞれその月の掛金が納付されたものとみなす。
第十六条(割増金)
Where a mutual aid policyholder has not paid premiums by the payment due date, the Organization may have that person pay a surcharge, within the amount calculated on the overdue amount 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.
Article 17Extension of Payment Due Date
第十七条(納付期限の延長)
Where the Organization finds that a mutual aid policyholder is unable to pay premiums by the payment due date owing to a disaster or other unavoidable grounds, it may extend the payment due date.
第十八条(先取特権)
A person entitled to receive payment of a cancellation refund or full repayment allowance has the right to be paid, in preference to other creditors, out of the property of the Organization, in the case of a cancellation refund, the amount of the cancellation refund prescribed in Article 11, paragraph (3) (where there is money that the Organization may deduct from the amount of that cancellation refund pursuant to paragraph (5) of that Article, the remainder after deducting the amount of that money from the amount of that cancellation refund), and in the case of a full repayment allowance, the amount of the full repayment allowance prescribed in Article 11-2, paragraph (3) (where there is money that the Organization may deduct from the amount of that full repayment allowance pursuant to paragraph (4) of that Article, the remainder after deducting the amount of that money from the amount of that full repayment allowance).
With regard to the calculation of the amount of the cancellation refund prescribed in the preceding paragraph, Article 11, paragraph (4) applies with the phrase "mutual aid benefits already lent or to be lent" in that paragraph deemed to be replaced with "mutual aid benefits already lent".
The order of precedence of the statutory lien under paragraph (1) ranks next after the 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。
第十九条(時効)
The right to receive payment of a cancellation refund or full repayment allowance is extinguished by prescription if not exercised for five years from the time when it can be exercised, and the right to receive payment of premiums is extinguished by prescription if not exercised for two years from the time when it can be exercised.
When calculating a period relating to a request for a loan of mutual aid benefits or for payment of an early repayment allowance, cancellation refund or full repayment allowance, where the request was made by mail, or by a general correspondence delivery provider prescribed in Article 2, paragraph (6) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) or a specified correspondence delivery provider prescribed in paragraph (9) of that Article, by correspondence delivery prescribed in paragraph (2) of that Article, the number of days required for sending is not counted in that period.
Article 21Special Provisions on Taxation
第二十一条(課税の特例)
With regard to a mutual aid policyholder who has paid premiums under the provisions of this Act, special measures are to be taken for the imposition of corporation tax or income tax, as provided for by the Act on Special Measures Concerning Taxation (Act No. 26 of 1957).
この法律の規定に基づき掛金を納付した共済契約者については、租税特別措置法(昭和三十二年法律第二十六号)で定めるところにより、法人税又は所得税の課税につき特別の措置を講ずるものとする。
Article 22Transitional Measures
第二十二条(経過措置)
Where an order is established, amended or abolished under the provisions of this Act, necessary transitional measures may be provided for by that order within the scope judged reasonably necessary in connection with that establishment, amendment or abolition.
この法律の規定に基づき命令を制定し、又は改廃する場合においては、その命令で、その制定又は改廃に伴い合理的に必要と判断される範囲内において、所要の経過措置を定めることができる。
第二十三条(検討)
Fundamental matters concerning the system of mutual aid for the prevention of bankruptcy of small and medium-sized enterprises, such as the amount of premiums and the loan amount of mutual aid benefits, are to be reviewed at least every five years on the basis of the trends in and forecasts of the revenue and expenditure situation and the usage situation of the small and medium-sized enterprise bankruptcy prevention mutual aid business.
掛金の額、共済金の貸付額その他中小企業倒産防止共済制度に関する基本的事項は、少なくとも五年ごとに、中小企業倒産防止共済事業の収支状況及び利用状況の推移及び予想等を基礎として検討するものとする。
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
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)
successor, etc.machine translation
「承継人等」
The person who takes over a mutual aid policyholder (共済契約者) as a whole by inheritance, merger or company split, or to whom its whole business is transferred, and who may, with the Organization for Small and Medium Enterprises and Regional Innovation, JAPAN's consent, take over its position under the mutual aid contract (共済契約).
Short name set inArticle 12, paragraph (1)
advance payment of premiumsmachine translation
「掛金前納」
Paying a premium (掛金) by the last day of the month before the month it is due, for which 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 reduce the premium.
Short name set inArticle 15, 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.