A specified business operator, etc. may prepare a plan concerning management capacity improvement that it intends to carry out alone or jointly (including, where a specified business operator, etc. intends to establish an association, federation or company listed in Article 2, paragraph (5), items (v) through (vii), or a corporation specified by Cabinet Order in Article 2, paragraph (6), item (ii) (hereinafter simply referred to as a "corporation" in this paragraph), a plan concerning management capacity improvement that the specified business operator, etc. carries out jointly with that association, federation, company or corporation; where a specified business operator, etc. intends to establish a company or corporation by merger, a plan concerning management capacity improvement carried out by the company or corporation established by the merger (including the company or corporation surviving after the merger); and, where a specified business operator, etc. intends to carry out management capacity improvement jointly with all or part of its foreign affiliated corporation, etc., a plan concerning management capacity improvement that the specified business operator, etc. carries out jointly with that foreign affiliated corporation, etc.; hereinafter referred to as a "management capacity improvement plan"), submit it to the competent minister as provided by order of the competent ministry, and obtain certification to the effect that the management capacity improvement plan is appropriate; provided, however, that where specified business operators, etc. have prepared a management capacity improvement plan jointly, they are to designate a representative and submit it to the competent minister, as provided by order of the competent ministry.
特定事業者等は、単独で又は共同で行おうとする経営力向上に関する計画（特定事業者等が第二条第五項第五号から第七号までに掲げる組合若しくは連合会、会社又は同条第六項第二号の政令で定める法人（以下この項において単に「法人」という。）を設立しようとする場合にあっては当該特定事業者等がその組合、連合会、会社又は法人と共同で行う経営力向上に関するものを、特定事業者等が合併して会社又は法人を設立しようとする場合にあっては合併により設立される会社又は法人（合併後存続する会社又は法人を含む。）が行う経営力向上に関するものを、特定事業者等がその外国関係法人等の全部又は一部と共同で経営力向上を行おうとする場合にあっては当該特定事業者等が当該外国関係法人等と共同で行う経営力向上に関するものを含む。以下「経営力向上計画」という。）を作成し、主務省令で定めるところにより、これを主務大臣に提出して、その経営力向上計画が適当である旨の認定を受けることができる。ただし、特定事業者等が共同で経営力向上計画を作成した場合にあっては、主務省令で定めるところにより、代表者を定め、これを主務大臣に提出するものとする。
A management capacity improvement plan must state the following matters:
経営力向上計画には、次に掲げる事項を記載しなければならない。
the targets of management capacity improvement;
経営力向上の目標
indicators showing the degree of improvement in management achieved through management capacity improvement;
経営力向上による経営の向上の程度を示す指標
the content and timing of implementation of management capacity improvement (including, where business succession, etc. is to be carried out, the timing of its implementation);
the amount of funds necessary to implement management capacity improvement and the method of raising them;
経営力向上を実施するために必要な資金の額及びその調達方法
the types of management capacity improvement equipment, etc.
経営力向上設備等の種類
"Management capacity improvement equipment, etc." in item (v) of the preceding paragraph means facilities, equipment, machinery, apparatus or programs that are used for the production or sale of goods or the provision of services and that are specified by Order of the Ministry of Economy, Trade and Industry as particularly contributing to management capacity improvement.
A management capacity improvement plan may state the following matters as the matters listed in paragraph (2), item (iii):
matters concerning the status of the transferring specified business operator, etc. based on a specified permission, etc. (meaning a permission or other approval prescribed in Article 2, item (iii) of the Administrative Procedure Act (Act No. 88 of 1993) that is specified by Cabinet Order as one for which, where the transferring specified business operator, etc. holds a status based on it, the succession to that status by the succeeding specified business operator, etc. particularly contributes to facilitating management capacity improvement; the same applies hereinafter), which the succeeding specified business operator, etc. intends to succeed to through business succession, etc. for that management capacity improvement;
特定許認可等（行政手続法（平成五年法律第八十八号）第二条第三号に規定する許認可等であって、それに基づく地位を被承継等特定事業者等が有する場合において当該地位が承継等特定事業者等に承継されることが経営力向上の円滑化に特に資するものとして政令で定めるものをいう。以下同じ。）に基づく被承継等特定事業者等の地位であって、当該経営力向上のために事業承継等により当該承継等特定事業者等が承継しようとするものに関する事項
matters concerning an investigation conducted from legal, financial, tax and other perspectives as to whether there is a risk of loss arising from the management resources that a specified business operator, etc. intends to acquire, or to have provided to it, through business succession, etc. lacking the functions and other elements necessary for their integrated use with other management resources (referred to as "prior investigation for business succession, etc." in paragraph (2) of the following Article and Article 22, paragraph (1)).
A management capacity improvement plan may state, as the matters listed in paragraph (2), item (iv), that the specified business operator is a person that meets the requirements specified by Order of the Ministry of Economy, Trade and Industry, such as that the amount of its net assets is a certain amount or more.
When an application for the certification under paragraph (1) is filed, the competent minister is to grant the certification if the competent minister finds that the management capacity improvement plan pertaining to the application conforms to all of the following items:
the matters listed in paragraph (2), items (i) through (iii) are appropriate in light of the business-field guidelines (where no business-field guidelines have been established for the business field pertaining to the management capacity improvement plan, the basic policy);
第二項第一号から第三号までに掲げる事項が事業分野別指針（当該経営力向上計画に係る事業分野における事業分野別指針が定められていない場合にあっては、基本方針）に照らして適切なものであること。
the matters listed in paragraph (2), items (iii) through (v) are appropriate for carrying out management capacity improvement reliably.
第二項第三号から第五号までに掲げる事項が経営力向上を確実に遂行するため適切なものであること。
Where the status of a transferring specified business operator, etc. based on a specified permission, etc. prescribed in paragraph (4), item (i) is stated in a management capacity improvement plan, the competent minister, when intending to grant the certification under paragraph (1), is to consult with the administrative agency that granted that specified permission, etc. and obtain its consent.
The administrative agency may request the provision of information necessary for the consent under the preceding paragraph from the competent minister and the person that applied for the certification under paragraph (1).
The administrative agency is to determine whether to give the consent under paragraph (7), taking into consideration the purport of the provisions that form the basis for granting that specified permission, etc.
In addition to what is provided for in the preceding three paragraphs, matters necessary for the consent under paragraph (7) are specified by Cabinet Order.
Read this with the articles around it
programmachine translation
「プログラム」
A program as defined in Article 2, paragraph (2) of the Act on Facilitation of Information Processing: instructions to a computer, combined so as to produce a particular result.
Defined inArticle 2, paragraph (4), item (iv)· applies only in this provision and in Article 2, paragraph (14); and Article 17, paragraph (3)
specified business operatormachine translation
「特定事業者」
A company or individual whose main business is in manufacturing, construction, transport or most other industries and that has no more than 500 regular employees, in wholesale no more than 400, in retail or services no more than 300, or in an industry a Cabinet Order (政令) names no more than the number it sets; an enterprise association (企業組合); a cooperative partnership (協業組合); a business cooperative (事業協同組合) or other union set up under a special law, or a federation of them, that a Cabinet Order specifies; or a general incorporated association (一般社団法人) whose direct or indirect members are any of these and that meets requirements a Cabinet Order sets.
Defined inArticle 2, paragraph (5)· applies throughout the law
specified business operator, etc.machine translation
「特定事業者等」
A specified business operator (特定事業者), or a company, other corporation a Cabinet Order (政令) names or individual with no more regular employees than a number a Cabinet Order sets.
Defined inArticle 2, paragraph (6)· applies throughout the law
business succession, etc.machine translation
「事業承継等」
Any of the measures Article 2, paragraph (10) lists through which a business operator obtains or is provided with another business operator's management resources: an absorption-type or consolidation-type merger, an absorption-type or incorporation-type company split, a share exchange, share transfer or share delivery between specified business operators, etc. (特定事業者等); taking over a business or assets from another such operator; acquiring shares or equity in another such operator that makes it a related business; or setting up a business cooperative (事業協同組合), enterprise association (企業組合) or cooperative partnership (協業組合).
Short name set inArticle 2, paragraph (10)
management capacity improvementmachine translation
「経営力向上」
A business operator strengthening its management ability and improving its management by bringing in, and running its business with, ways of making advanced use of the management resources it already has, or of those it obtains from or is provided by another business operator through business succession, etc. (事業承継等) — such as training people with useful knowledge or skills, using the results of analysing its finances or information on demand for goods and services, or building information systems to work more efficiently.
Defined inArticle 2, paragraph (10)· applies throughout the law
management resourcesmachine translation
「経営資源」
Equipment, technology, the knowledge and skills of individuals and other resources used in business activities.
Defined inArticle 2, paragraph (10)
succeeding specified business operator, etc.machine translation
「承継等特定事業者等」
A specified business operator, etc. (特定事業者等) that carries out business succession, etc. (事業承継等), which for this term and the provisions Article 2, paragraph (11) names covers only an absorption-type or consolidation-type merger, an absorption-type or incorporation-type company split, or taking over a business.
Defined inArticle 2, paragraph (11)· applies throughout the law
transferring specified business operator, etc.machine translation
「被承継等特定事業者等」
The other specified business operator, etc. (特定事業者等) from which a succeeding specified business operator, etc. (承継等特定事業者等) carries out business succession, etc. (事業承継等).
Defined inArticle 2, paragraph (12)· applies throughout the law
basic policymachine translation
「基本方針」
The basic policy on strengthening the management of small and medium-sized enterprises, etc. that the competent ministers (主務大臣) must set under Article 3, covering new businesses, management innovation and management capacity improvement, the introduction of advanced equipment and business continuity enhancement.
Short name set inArticle 3, paragraph (1)
foreign affiliated corporation, etc.machine translation
「外国関係法人等」
In Chapter III, a corporation or other body set up under the laws of a foreign country (including one about to be set up) with which a specified business operator (特定事業者) has a relationship that an Order of the Ministry of Economy, Trade and Industry (経済産業省令) specifies as one in which the operator is regarded as in effect controlling its management.
Defined inArticle 14, paragraph (1)· applies only in this chapter
business-field guidelinesmachine translation
「事業分野別指針」
Guidelines on improving management capacity (経営力向上) that a competent minister (主務大臣) may set, in line with the basic policy (基本方針), for a business field under that minister's charge that the minister designates as one where specified business operators, etc. (特定事業者等) particularly need to improve their management capacity.
Short name set inArticle 16, paragraph (1)
corporationmachine translation
「法人」
In Article 17, paragraph (1), a corporation of a kind a Cabinet Order (政令) names under Article 2, paragraph (6), item (ii), that a specified business operator, etc. (特定事業者等) is to set up, or that is formed by its merger, and with which it carries out a management capacity improvement plan (経営力向上計画).
Short name set inArticle 17, paragraph (1)· applies only in this paragraph
management capacity improvement planmachine translation
「経営力向上計画」
A plan for management capacity improvement (経営力向上) that a specified business operator, etc. (特定事業者等) draws up, alone or with others, and submits to the competent minister (主務大臣) to be certified as appropriate under Article 17, including one carried out with a cooperative, company or other corporation it is to set up, by a company or corporation formed through its merger, or together with its foreign affiliated corporations, etc. (外国関係法人等).
Short name set inArticle 17, paragraph (1)
management capacity improvement equipment, etc.machine translation
「経営力向上設備等」
Facilities, equipment, machinery, devices or programs used to produce or sell goods or provide services that an Order of the Ministry of Economy, Trade and Industry (経済産業省令) specifies as particularly helping management capacity improvement (経営力向上).
Defined inArticle 17, paragraph (3)
specified permission, etc.machine translation
「特定許認可等」
A permission, approval, licence or other disposition granting a benefit (許認可等) as defined in Article 2, item (iii) of the Administrative Procedure Act, that a Cabinet Order (政令) specifies as one where passing the status held under it from the transferring business (被承継等特定事業者等) to the succeeding business (承継等特定事業者等) particularly helps management capacity improvement go smoothly.
Defined inArticle 17, paragraph (4), item (i)
prior investigation for business succession, etc.machine translation
「事業承継等事前調査」
An investigation, from legal, financial, tax and other angles, into whether loss may arise because the management resources a specified business operator, etc. (特定事業者等) is to obtain or be provided with through business succession, etc. (事業承継等) lack the functions or other elements needed to use them together with its other management resources, which a management capacity improvement plan (経営力向上計画) may cover.
Short name set inArticle 17, paragraph (4), item (ii)· applies only in this provision and in Article 18, paragraph (2); and Article 22, paragraph (1)
administrative agencymachine translation
「行政庁」
The authority that approves a management innovation plan (経営革新計画), which Article 72, paragraph (1) sets by the kind of plan: the governor of the prefecture where the main office is, for a plan an individual specified business operator (個別特定事業者) draws up alone; the governor of the prefecture, for one drawn up alone by a district association (地区組合) whose district lies within that prefecture; the governor of the one prefecture concerned, for a joint plan whose representatives all belong to that prefecture as item (iii) sets out; and otherwise the Minister of Economy, Trade and Industry (経済産業大臣) together with the minister in charge of the business the plan covers.
Defined inArticle 72, paragraph (1)· applies throughout the law