Article 8Change of Monthly Premium
第八条(掛金月額の変更)
When a mutual aid policyholder applies to increase the monthly premium, the Organization must accept the application.
With regard to an application from a mutual aid policyholder to decrease the monthly premium, the Organization must not accept it, except in cases specified by Order of the Ministry of Economy, Trade and Industry.
An application under the preceding two paragraphs must be made by clarifying the monthly premium after the increase or decrease.
前二項の申込みは、増加後又は減少後の掛金月額を明らかにしてしなければならない。
Article 9Loans of Mutual Aid Benefits
第九条(共済金の貸付け)
When a bankruptcy occurs with respect to a business operator that is a counterparty to the transactions of a mutual aid policyholder, the Organization lends mutual aid benefits to the mutual aid policyholder at its request, except where the period from the date on which the mutual aid contract took effect to the date of occurrence of the bankruptcy is less than six months and where the number of months in which premiums were paid up to the date of occurrence of the bankruptcy is less than six months; provided, however, that this does not apply where the mutual aid policyholder does not fall under a small and medium-sized enterprise at the time of the request or in the cases set out in the following items.
when the request is made after the date on which six months have elapsed from the date of occurrence of the bankruptcy;
請求が倒産の発生の日から六月を経過した日後にされたものであるとき。
when the amount of mutual aid benefits to be lent is small and does not reach the amount specified by Order of the Ministry of Economy, Trade and Industry;
貸し付けることとなる共済金の額が少額であつて経済産業省令で定める額に達しないものであるとき。
when a bankruptcy, or a situation equivalent to it specified by Order of the Ministry of Economy, Trade and Industry, has arisen with respect to the mutual aid policyholder.
The loan amount of mutual aid benefits under the preceding paragraph is the amount requested by the mutual aid policyholder within the range of the lesser of the amount equivalent to ten times the amount obtained by deducting the total amount of the amounts set out in the following items from the total amount of premiums paid as of the date on which the request for the loan was made, and the amount of those accounts receivable and other claims specified by Order of the Ministry of Economy, Trade and Industry against the business operator that is the counterparty to the transaction relating to the bankruptcy (hereinafter referred to as "accounts receivable, etc.") that have become difficult to collect (where the transactional relationship between the mutual aid policyholder and the business operator that is its counterparty to transactions falls under the requirements specified by Order of the Ministry of Economy, Trade and Industry, the total amount of that amount and the amount calculated, as specified by Order of the Ministry of Economy, Trade and Industry, as the amount of funds urgently needed to mitigate the impact of changes in the mutual aid policyholder's transactional relationships; the same applies hereinafter); provided, however, that the total amount of that loan amount and 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 as of the date of the request must not exceed the amount specified by Cabinet Order.
前項の共済金の貸付額は、貸付けの請求があつた日における納付された掛金の合計額から次に掲げる額の合計額を控除した額の十倍に相当する額と倒産に係る取引の相手方たる事業者に対する売掛金債権その他の経済産業省令で定める債権(以下「売掛金債権等」という。)のうち回収が困難となつたものの額(共済契約者とその取引の相手方たる事業者との取引関係が経済産業省令で定める要件に該当する場合にあつては、その額と共済契約者の取引関係の変化による影響を緩和するため緊急に必要な資金の額として経済産業省令で定めるところにより算定した額との合計額。以下同じ。)とのいずれか少ない額の範囲内において、共済契約者が請求した額とする。ただし、当該貸付額と請求の日において既に貸付けを受け、又は受けることとなつた共済金の額から既に償還した共済金の額を控除した額との合計額が政令で定める額を超えてはならない。
an amount equivalent to one-tenth of the amount of mutual aid benefits already lent or to be lent;
既に貸付けを受け、又は受けることとなつた共済金の額の十分の一に相当する額
the amount of premiums already applied to repayment or payment pursuant to paragraph (5) of the following Article (including as applied mutatis mutandis pursuant to Article 10-2, paragraph (6));
in the case of a loan relating to a mutual aid contract for which an increase in the monthly premium took effect during the period from the date six months before the day preceding the date of occurrence of the bankruptcy to the date on which the request for the loan was made, the total amount of the premiums, among those paid, equivalent to that increase;
the total amount of premiums paid on or after the day following the date of occurrence of the bankruptcy and after the payment due date had passed (excluding premiums equivalent to the increase prescribed in the preceding item), for which there was a delay exceeding the period specified by Order of the Ministry of Economy, Trade and Industry.
The amount specified by Cabinet Order in the proviso to the preceding paragraph is to be determined taking into consideration the amount of funds with which, by receiving the loan, most small and medium-sized enterprises are expected to be able to avoid situations such as becoming bankrupt owing to the effects of the bankruptcy of their business partner companies, and other such matters.
The Organization may decline to lend all or part of the mutual aid benefits where a mutual aid policyholder who has requested a loan of mutual aid benefits has neglected to repay mutual aid benefits already lent, or where it is found that the mutual aid policyholder acted in bad faith or with gross negligence in coming to hold the accounts receivable, etc. in question or in their becoming difficult to collect.
Where the Organization is to lend mutual aid benefits to a mutual aid policyholder and there is a temporary loan to be repaid, or interest or a penalty under Article 10-2, paragraph (5) to be paid, the Organization may deduct the total amount of the amounts set out in the following items from the loan amount of those mutual aid benefits:
the portion of that temporary loan that exceeds the maximum loan amount of the temporary loan that would be lent on the assumption that that temporary loan did not exist at the time of the loan of those mutual aid benefits;
当該一時貸付金のうち当該共済金の貸付けの時に当該一時貸付金がなかつたと仮定した場合に貸し付けるべき一時貸付金の貸付限度額を超える額
the amount of interest and penalties on the portion of that temporary loan equivalent to the amount referred to in the preceding item.
Mutual aid benefits are to be interest-free, and the repayment period is to be a period specified by Cabinet Order, according to the loan amount, within a period not exceeding 10 years (including any grace period).
共済金は、無利子とし、その償還期間は、その貸付額に応じて、十年(据置期間を含む。)を超えない範囲内において政令で定める期間とする。
Except in cases specified by Order of the Ministry of Economy, Trade and Industry, the Organization is not to require security (including a guarantee by a guarantor) to be provided for a loan of mutual aid benefits.
機構は、経済産業省令で定める場合を除き、共済金の貸付けについて、担保(保証人の保証を含む。)を提供させないものとする。
Where a person who has received a loan of mutual aid benefits has not repaid the mutual aid benefits by the repayment date, the Organization may have that person pay a penalty, 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 repayment date to the day preceding the date of repayment.
機構は、共済金の貸付けを受けた者が共済金をその償還期日までに償還しなかつたときは、その者に対し、その延滞した額につき年十四・六パーセントの割合で償還期日の翌日から償還の日の前日までの日数によつて計算した額の範囲内において、違約金を納付させることができる。
Where the Organization finds that a person who has received a loan of mutual aid benefits is unable to repay the mutual aid benefits by the repayment date owing to a disaster or other unavoidable grounds, it may postpone the repayment date.
機構は、災害その他やむを得ない事由により共済金の貸付けを受けた者が共済金をその償還期日までに償還することができないと認めるときは、その償還期日を繰り下げることができる。
Where, after a period specified by Order of the Ministry of Economy, Trade and Industry has elapsed from the repayment date of mutual aid benefits, there are still mutual aid benefits to be repaid or penalties to be paid, the Organization may apply the premiums paid to the repayment of those mutual aid benefits or the payment of those penalties.
機構は、共済金の償還期日後経済産業省令で定める期間を経過したのちなお償還を受けるべき共済金又は納付を受けるべき違約金があるときは、納付された掛金をもつて、その共済金の償還又は違約金の納付に充てることができる。
Where a mutual aid policyholder has completed repayment before the time limit by which repayment was to be completed as of the time the mutual aid policyholder received the loan of mutual aid benefits (where that time limit has been extended by the postponement of the repayment date pursuant to paragraph (4), that extended time limit), and has repaid the full amount of those mutual aid benefits by the repayment date, the Organization may, as specified by Order of the Ministry of Economy, Trade and Industry, pay the mutual aid policyholder an early repayment allowance in the amount specified by Order of the Ministry of Economy, Trade and Industry.
Where the Organization is to pay an early repayment allowance to a mutual aid policyholder and there are mutual aid benefits or temporary loans to be repaid for which the repayment date has passed, interest to be paid for which the payment due date has passed, penalties to be paid pursuant to paragraph (3) of this Article or paragraph (5) of the following Article, or mutual aid benefits, temporary loans, early repayment allowances, cancellation refunds or full repayment allowances to be returned pursuant to Article 13, the Organization may deduct those amounts from the amount of that early repayment allowance.
Article 10-2Lending of Temporary Loans
第十条の二(一時貸付金の貸付け)
When a mutual aid policyholder temporarily needs business funds, the Organization lends a temporary loan to the mutual aid policyholder at its request; provided, however, that this does not apply where the amount of the temporary loan to be lent is small and does not reach the amount specified by Order of the Ministry of Economy, Trade and Industry.
The loan amount of the temporary loan under the preceding paragraph is limited to the amount specified by Order of the Ministry of Economy, Trade and Industry, within the range of the amount of the cancellation refund that would be payable on the assumption that the mutual aid contract had been cancelled at the time of the request.
Interest is to be charged on a temporary loan at a rate specified by Order of the Ministry of Economy, Trade and Industry, taking into consideration the expenses necessary for the lending, and the repayment period is to be a period specified by Order of the Ministry of Economy, Trade and Industry within a period not exceeding two years.
一時貸付金には貸付けに関し必要な経費を勘案して経済産業省令で定める率により利子を付し、その償還期間は、二年を超えない範囲内において経済産業省令で定める期間とする。
The Organization is not to require security (including a guarantee by a guarantor) to be provided for the lending of a temporary loan.
Where a person who has received a temporary loan has not repaid the temporary loan by the repayment date, the Organization may have that person pay a penalty, 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 repayment date to the day preceding the date of repayment.
The provisions of paragraph (5) of the preceding Article apply mutatis mutandis where, after a period specified by Order of the Ministry of Economy, Trade and Industry has elapsed from the repayment date of a temporary loan, there are still temporary loans to be repaid or interest or penalties to be paid.
第十一条(解約手当金)
Where a mutual aid contract has been cancelled and the number of months in which premiums were paid is 12 or more, the Organization pays a cancellation refund to the mutual aid policyholder.
Where a mutual aid contract has been cancelled pursuant to Article 7, paragraph (2), item (ii), notwithstanding the preceding paragraph, no cancellation refund is paid; provided, however, that this does not apply where there are special circumstances specified by Order of the Ministry of Economy, Trade and Industry.
The amount of the cancellation refund is the amount obtained by multiplying the total premium amount calculated pursuant to the following paragraph by a ratio specified by Cabinet Order on the basis of the number of months in which premiums were paid, the grounds for the cancellation of the mutual aid contract, and other such matters.
The total premium amount is the amount obtained by deducting, from the total amount of premiums paid at the time of the cancellation of the mutual aid contract, the total amount of an amount equivalent to one-tenth of the amount of mutual aid benefits already lent or to be lent and the amount already applied to repayment or payment pursuant to Article 10, paragraph (5) (including as applied mutatis mutandis pursuant to paragraph (6) of the preceding Article).
Where the Organization is to pay a cancellation refund to a mutual aid policyholder and there are mutual aid benefits or temporary loans to be repaid, interest to be paid or penalties under Article 10, paragraph (3) or paragraph (5) of the preceding Article to be paid, or mutual aid benefits, temporary loans, early repayment allowances, cancellation refunds or full repayment allowances to be returned pursuant to Article 13, the Organization may deduct those amounts from the amount of that cancellation refund.
Article 11-2Full Repayment Allowance
第十一条の二(完済手当金)
Where, in light of the state of revenue and expenditure of the small and medium-sized enterprise bankruptcy prevention mutual aid business and the outlook for its revenue and expenditure, it is found that its revenue and expenditure can be kept in balance into the future and that surplus funds still arise, the Organization may, as specified by Order of the Ministry of Economy, Trade and Industry, pay a full repayment allowance to a mutual aid policyholder who has repaid, by the repayment date, the full amount of the mutual aid benefits lent to the policyholder in the amount prescribed in paragraph (3).
Whether the surplus funds under the preceding paragraph have arisen and the amount of those surplus funds must be calculated as specified by Order of the Ministry of Economy, Trade and Industry.
前項の余裕財源が生じているかどうか及びその余裕財源の額は、経済産業省令で定めるところにより計算しなければならない。
The amount of the full repayment allowance is the amount obtained by multiplying an amount equivalent to one-tenth of the amount of mutual aid benefits repaid by a ratio specified by Cabinet Order on the basis of the amount of the surplus funds under paragraph (1), the forecast of the proportion of mutual aid policyholders who will receive a loan of mutual aid benefits and of the proportion of those mutual aid benefits that will be repaid by the repayment date, and other such matters.
Where the Organization is to pay a full repayment allowance to a mutual aid policyholder and there are mutual aid benefits or temporary loans to be repaid for which the repayment date has passed, interest to be paid for which the payment due date has passed, penalties to be paid pursuant to Article 10, paragraph (3) or Article 10-2, paragraph (5), or mutual aid benefits, temporary loans, early repayment allowances, cancellation refunds or full repayment allowances to be returned pursuant to Article 13, the Organization may deduct those amounts from the amount of that full repayment allowance.
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
accounts receivable, etc.machine translation
「売掛金債権等」
Accounts receivable (売掛金債権) and other claims a Ministry of Economy, Trade and Industry Order (経済産業省令) specifies, held against the business operator whose bankruptcy (倒産) gives rise to the loan; the part of them that has become hard to collect is one of the limits on the mutual aid benefit (共済金) lent.
Short name set inArticle 9, 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.