Article 18Change of Management Capacity Improvement Plans, etc.
第十八条(経営力向上計画の変更等)
A specified business operator, etc. that has obtained the certification under paragraph (1) of the preceding Article, when it intends to change the management capacity improvement plan pertaining to that certification, must obtain the certification of the competent minister that granted the certification, as provided by order of the competent ministry.
When the competent minister finds that a business pertaining to management capacity improvement (including, where the certified management capacity improvement plan states the matters listed in paragraph (4), item (ii) of the preceding Article, the prior investigation for business succession, etc.) is not being carried out in accordance with the management capacity improvement plan pertaining to the certification under paragraph (1) of the preceding Article (where certification of a change has been given under the provisions of the preceding paragraph, the plan as changed; hereinafter referred to as the "certified management capacity improvement plan"), the competent minister may rescind that certification.
Where, before business succession, etc. is carried out in accordance with a certified management capacity improvement plan, an application for certification of a change is filed under the provisions of paragraph (1) and the change falls under any of the following items, the competent minister, when intending to grant the certification under that paragraph, is to consult with the administrative agency specified in the relevant item and obtain its consent:
a change to the management capacity improvement plan pertaining to the certification under paragraph (1) of the preceding Article that was granted with the consent obtained under paragraph (7) of that Article: the administrative agency prescribed in paragraph (7) of that Article (excluding, where the change is to delete all or part of the statement of the status of the transferring specified business operator, etc. based on a specified permission, etc., the administrative agency that granted the specified permission, etc. pertaining to that deletion);
a change by which the status of a transferring specified business operator, etc. based on a specified permission, etc. is newly to be stated: the administrative agency that granted that specified permission, etc.
新たに特定許認可等に基づく被承継等特定事業者等の地位を記載しようとする変更 当該特定許認可等をした行政庁
The provisions of paragraph (6) of the preceding Article apply mutatis mutandis to the certification under paragraph (1), and the provisions of paragraphs (8) through (10) of that Article apply mutatis mutandis to the consent under the preceding paragraph, respectively.
前条第六項の規定は第一項の認定について、同条第八項から第十項までの規定は前項の同意について、それぞれ準用する。
Article 19Request for Cooperation
第十九条(協力の要請)
When the competent minister finds it necessary for the enforcement of the provisions of the preceding two Articles, the competent minister may request a certified business-field management capacity improvement promotion body prescribed in Article 39, paragraph (2) to submit materials and provide other necessary cooperation.
主務大臣は、前二条の規定の施行のために必要があると認めるときは、第三十九条第二項に規定する認定事業分野別経営力向上推進機関に対し、資料の提出その他の必要な協力を求めることができる。
Article 20Certification of Business Restructuring Investment Plans
第二十条(事業再編投資計画の認定)
An investment limited partnership that intends to carry out business restructuring investment may prepare a plan concerning business restructuring investment (hereinafter referred to as a "business restructuring investment plan" in this Article and the following Article), submit it to the Minister of Economy, Trade and Industry as provided by Order of the Ministry of Economy, Trade and Industry, and obtain certification to the effect that the business restructuring investment plan is appropriate.
事業再編投資を行おうとする投資事業有限責任組合は、事業再編投資に関する計画(以下この条及び次条において「事業再編投資計画」という。)を作成し、経済産業省令で定めるところにより、経済産業大臣に提出して、その事業再編投資計画が適当である旨の認定を受けることができる。
A business restructuring investment plan must state the following matters:
事業再編投資計画には、次に掲げる事項を記載しなければならない。
the content and timing of implementation of business restructuring investment;
事業再編投資の内容及び実施時期
the amount of funds necessary for carrying out business restructuring investment and the method of raising them.
事業再編投資を実施するために必要な資金の額及びその調達方法
Where an application for the certification under paragraph (1) is filed, the Minister of Economy, Trade and Industry is to grant the certification if the minister finds that the business restructuring investment plan pertaining to the application conforms to all of the following items.
the matters listed in item (i) of the preceding paragraph are appropriate in light of the basic policy;
the matters listed in the items of the preceding paragraph are appropriate for reliably carrying out business restructuring investment.
Article 21Changes to Business Restructuring Investment Plans, etc.
第二十一条(事業再編投資計画の変更等)
An investment limited partnership that has obtained the certification under paragraph (1) of the preceding Article (hereinafter referred to as a "certified business restructuring investment partnership") must, when intending to change the business restructuring investment plan pertaining to that certification, obtain certification from the Minister of Economy, Trade and Industry in accordance with Order of the Ministry of Economy, Trade and Industry.
前条第一項の認定を受けた投資事業有限責任組合(以下「認定事業再編投資組合」という。)は、当該認定に係る事業再編投資計画を変更しようとするときは、経済産業省令で定めるところにより、経済産業大臣の認定を受けなければならない。
If the Minister of Economy, Trade and Industry finds that business restructuring investment is not being carried out in accordance with the business restructuring investment plan pertaining to the certification under paragraph (1) of the preceding Article (where certification of a change has been granted under the preceding paragraph, the plan as changed; hereinafter referred to as a "certified business restructuring investment plan"), the minister may rescind that certification.
The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the certification under paragraph (1).
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
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
business restructuring investmentmachine translation
「事業再編投資」
An investment business that an investment limited partnership (投資事業有限責任組合) runs in specified business operators, etc. (特定事業者等), meeting requirements an Order of the Ministry of Economy, Trade and Industry (経済産業省令) sets — such as being mainly in businesses improving their management capacity through business succession, etc. (事業承継等) — and that such an Order specifies as certain to come with guidance on making advanced use of those businesses' management resources.
Defined inArticle 2, paragraph (13)· applies throughout the law
investment limited partnershipmachine translation
「投資事業有限責任組合」
An investment limited partnership as defined in Article 2, paragraph (2) of the Limited Partnership Act for Investment: a partnership of general partners with unlimited liability and limited partners, formed by an investment limited partnership agreement.
Defined inArticle 2, paragraph (13)· applies only in this provision and in Article 20, paragraph (1); and Article 21, paragraph (1)
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)
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)
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)
certified management capacity improvement planmachine translation
「認定経営力向上計画」
A management capacity improvement plan (経営力向上計画) certified under Article 17, paragraph (1), as changed where a change has been certified.
Short name set inArticle 18, paragraph (2)
business restructuring investment planmachine translation
「事業再編投資計画」
In Articles 20 and 21, the plan for business restructuring investment (事業再編投資) that an investment limited partnership (投資事業有限責任組合) draws up and submits to the Minister of Economy, Trade and Industry (経済産業大臣) to be certified as appropriate.
Short name set inArticle 20, paragraph (1)· applies only in this article and in Article 21
certified business restructuring investment partnershipmachine translation
「認定事業再編投資組合」
An investment limited partnership (投資事業有限責任組合) whose business restructuring investment plan (事業再編投資計画) the Minister of Economy, Trade and Industry (経済産業大臣) has certified under Article 20, paragraph (1).
Short name set inArticle 21, paragraph (1)
certified business restructuring investment planmachine translation
「認定事業再編投資計画」
A business restructuring investment plan (事業再編投資計画) certified under Article 20, paragraph (1), as changed where a change has been certified.
Short name set inArticle 21, paragraph (2)
certified business-field management capacity improvement promotion bodymachine translation
「認定事業分野別経営力向上推進機関」
A body the competent minister (主務大臣) certifies under Article 39, paragraph (1) for a business field with business-field guidelines (事業分野別指針), which spreads awareness of and gives training on those guidelines and gathers, analyses and researches information on management capacity improvement (経営力向上) in that field.
Short name set inArticle 39, paragraph (2)
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