Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条（施行期日）
This Act comes into effect on the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions of the following Article through Article 10 of the Supplementary Provisions and Article 12 of the Supplementary Provisions come into effect on the date of promulgation.
この法律は、公布の日から起算して六月を超えない範囲内において政令で定める日から施行する。ただし、次条から附則第十条まで及び附則第十二条の規定は、公布の日から施行する。
Supplementary Provisions, Article 2Establishment of the new Association
第二条（新組合の設立）
The Minister of Labour designates the persons who are to become the president or an auditor of the specified-industry retirement allowance mutual aid association (hereinafter referred to as the "new Association") under Chapter V, Section 2 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as amended (hereinafter referred to as the "New Act").
労働大臣は、改正後の中小企業退職金共済法（以下「新法」という。）第五章第二節の特定業種退職金共済組合（以下「新組合」という。）の理事長又は監事となるべき者を指名する。
Persons designated pursuant to the provisions of the preceding paragraph as persons who are to become the president or an auditor are deemed to have been appointed as the president or an auditor, respectively, at the time of the establishment of the new Association, pursuant to Article 71, paragraph (6) of the New Act.
Supplementary Provisions, Article 3
第三条
The Minister of Labour appoints founding committee members and has them handle the affairs relating to the establishment of the new Association.
労働大臣は、設立委員を命じて、新組合の設立に関する事務を処理させる。
The founding committee members must prepare the articles of incorporation and the budget and business plan for the first business year, and obtain the authorization of the Minister of Labour.
設立委員は、定款並びに最初の事業年度の予算及び事業計画を作成して、労働大臣の認可を受けなければならない。
When the Minister of Labour intends to give the authorization under the preceding paragraph, the Minister must consult in advance with the Minister of Finance.
労働大臣は、前項の認可をしようとするときは、あらかじめ、大蔵大臣と協議しなければならない。
When the founding committee members have completed the preparations for the establishment of the new Association, they must notify the Minister of Labour to that effect and hand over those affairs to the person who is to become the president designated pursuant to the provisions of paragraph (1) of the preceding Article.
Supplementary Provisions, Article 4
第四条
The person who is to become the president designated pursuant to the provisions of Article 2, paragraph (1) of the Supplementary Provisions must, upon receiving the handover of affairs under the provisions of paragraph (4) of the preceding Article, without delay, as specified by Cabinet Order, effect the registration of establishment.
The new Association is established by effecting the registration of establishment.
新組合は、設立の登記をすることによつて成立する。
A person who, at the time of the establishment of the new Association, is a member of the specified-industry retirement allowance mutual aid association (hereinafter referred to as the "former Association") under Chapter V, Section 2 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act before amendment (hereinafter referred to as the "Former Act") is to become a member of the new Association at that time.
新組合の成立の時において改正前の中小企業退職金共済法（以下「旧法」という。）第五章第二節の特定業種退職金共済組合（以下「旧組合」という。）の組合員である者は、その時において新組合の組合員となるものとする。
Supplementary Provisions, Article 5Dissolution of the Former Association, etc.
第五条（旧組合の解散等）
The former Association is to be dissolved at the time of the establishment of the new Association, and the new Association succeeds to all of its rights and obligations at that time.
The business year of the former Association beginning on April 1, 1981 is to end on the day before the day of dissolution of the former Association.
旧組合の昭和五十六年四月一日に始まる事業年度は、旧組合の解散の日の前日に終わるものとする。
With respect to the settlement of accounts and the inventory of property, balance sheet and profit and loss statement for the business year of the former Association beginning on April 1, 1981, the provisions then in force continue to govern. In this case, the time limit for completing that settlement of accounts is the day on which four months have passed, counted from the day of dissolution.
旧組合の昭和五十六年四月一日に始まる事業年度に係る決算並びに財産目録、貸借対照表及び損益計算書については、なお従前の例による。この場合において、当該決算の完結の期限は、解散の日から起算して四月を経過する日とする。
Where the new Association has succeeded to the rights and obligations of the former Association pursuant to the provisions of paragraph (1), if, at the time of that succession, there is an amount that a former Association established for each specified industry is treating as a reserve fund or a carried-forward loss pursuant to Article 51 of the Former Act as applied mutatis mutandis pursuant to Article 78, paragraph (1) of the Former Act, an amount equivalent to that amount is to be treated, respectively, as a reserve fund or a carried-forward loss of the special account for that specified industry established pursuant to Article 76-3 of the New Act.
Where, among the property that the new Association has succeeded to pursuant to the provisions of paragraph (1), there is property of a former Association established for each specified industry that an employer of a business belonging to that specified industry has contributed to the former Association otherwise than under a specified-industry retirement allowance mutual aid contract, the new Association must manage and invest that property pursuant to Article 77 of the New Act.
The registration of dissolution in the case where the former Association is dissolved pursuant to the provisions of paragraph (1) is specified by Cabinet Order.
Supplementary Provisions, Article 6Transitional Measures Accompanying the Succession of Rights
第六条（権利の承継に伴う経過措置）
In the case where the new Association succeeds to rights pursuant to the provisions of paragraph (1) of the preceding Article, no registration and license tax is imposed on the registration of real property accompanying that succession.
In the case where the new Association succeeds to rights pursuant to the provisions of paragraph (1) of the preceding Article, real property acquisition tax or special land holding tax imposed on the acquisition of land, or automobile acquisition tax, may not be imposed on the acquisition of real property or automobiles relating to that succession.
Special land holding tax imposed on land may not be imposed on land that the new Association has succeeded to pursuant to the provisions of paragraph (1) of the preceding Article and continues to hold, and that the former Association acquired before January 1, 1969.
Supplementary Provisions, Article 7Transitional Measures Concerning Staff
第七条（職員に関する経過措置）
As regards those, among persons who are serving as staff of the former Association at the time of its dissolution and who fall under a staff member wishing to return under Article 11, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Act on the Revision of Pension Amounts from National Public Servants Mutual Aid Associations, etc. on and after Fiscal Year 1967, etc. (Act No. 72 of 1979; hereinafter referred to in this Article as the "1979 Amendment Act"), who have continued on to become staff of the new Association (hereinafter referred to in this Article as "new Association staff members wishing to return"), in the application of Article 11, paragraph (2) of the Supplementary Provisions of the 1979 Amendment Act, the new Association and the new Association staff members wishing to return are deemed to be, respectively, the public corporations, etc. and the employees of public corporations, etc. prescribed in Article 124-2, paragraph (1) of the National Public Officers Mutual Aid Association Act (Act No. 128 of 1958) before amendment by the 1979 Amendment Act.
旧組合の解散の際現にその職員として在職する者で、昭和四十二年度以後における国家公務員共済組合等からの年金の額の改定に関する法律等の一部を改正する法律（昭和五十四年法律第七十二号。以下この条において「昭和五十四年改正法」という。）附則第十一条第一項の復帰希望職員に該当するもののうち、引き続き新組合の職員となつたもの（以下この条において「新組合関係復帰希望職員」という。）に係る昭和五十四年改正法附則第十一条第二項の規定の適用については、新組合及び新組合関係復帰希望職員は、それぞれ、昭和五十四年改正法による改正前の国家公務員共済組合法（昭和三十三年法律第百二十八号）第百二十四条の二第一項に規定する公庫等及び公庫等職員とみなす。
With regard to the application of Article 11, paragraph (4) of the Supplementary Provisions of the 1979 Amendment Act to a new Association staff member wishing to return, that person is deemed to be a staff member wishing to return under paragraph (1) of that Article.
新組合関係復帰希望職員に係る昭和五十四年改正法附則第十一条第四項の規定の適用については、その者は、同条第一項の復帰希望職員とみなす。
Supplementary Provisions, Article 8
第八条
With regard to a person who is serving as staff of the former Association at the time of its dissolution and has continued on to become staff of the new Association, only where the new Association falls under the public corporations, etc. prescribed in Article 7-2, paragraph (1) of the Act on National Public Officers' Retirement Allowance, etc. (Act No. 182 of 1953), these provisions apply with the phrase "after having been in service" in paragraph (9) of the Supplementary Provisions of the Act Partially Amending the Act on National Public Officers' Retirement Allowance, etc. (Act No. 30 of 1973) deemed to be replaced with "after having been in service and having continued in service as a person employed by the specified-industry retirement allowance mutual aid association under Chapter V, Section 2 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as amended by the Act Partially Amending the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act (Act No. 38 of 1981)", and the phrase "a person prescribed in paragraph (9) of the Supplementary Provisions" in paragraph (12) of the Supplementary Provisions of that Act (Act No. 30 of 1973) deemed to be replaced with "a person prescribed in paragraph (9) of the Supplementary Provisions as applied with replacement of terms pursuant to Article 8 of the Supplementary Provisions of the Act Partially Amending the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act".
旧組合の解散の際現にその職員として在職する者で引き続き新組合の職員となつたものについては、新組合が国家公務員等退職手当法（昭和二十八年法律第百八十二号）第七条の二第一項に規定する公庫等に該当する場合に限り、国家公務員等退職手当法の一部を改正する法律（昭和四十八年法律第三十号）附則第九項中「在職した後」とあるのは「在職し、引き続き中小企業退職金共済法の一部を改正する法律（昭和五十六年法律第三十八号）による改正後の中小企業退職金共済法第五章第二節の特定業種退職金共済組合において使用される者として在職した後」と、同法附則第十二項中「附則第九項に規定する者」とあるのは「中小企業退職金共済法の一部を改正する法律附則第八条の規定により読み替えて適用される附則第九項に規定する者」と読み替えて、これらの規定を適用する。
Supplementary Provisions, Article 9Transitional Measures Concerning Business Years
第九条（事業年度に関する経過措置）
Notwithstanding Article 47 of the New Act as applied mutatis mutandis pursuant to Article 78, paragraph (1) of the New Act, the first business year of the new Association is to begin on the day of its establishment and end on March 31, 1982.
新組合の最初の事業年度は、新法第七十八条第一項において準用する新法第四十七条の規定にかかわらず、その成立の日に始まり、昭和五十七年三月三十一日に終わるものとする。
Supplementary Provisions, Article 10Transitional Measures Concerning Acts Done by the Former Association, etc.
第十条（旧組合等がした行為等に関する経過措置）
A disposition, procedure or other act done to the former Association pursuant to the provisions of the Former Act before the establishment of the new Association is deemed to have been done to the new Association pursuant to the corresponding provisions of the New Act, and a disposition, procedure or other act done by the former Association pursuant to the provisions of the Former Act is deemed to have been done by the new Association pursuant to the corresponding provisions of the New Act.
Supplementary Provisions, Article 11Transitional Measures Where Covered Employees Move
第十一条（被共済者が移動した場合における経過措置）
In the case where the example is to be followed pursuant to the provisions of Article 94, paragraph (3) of the Former Act, the delivery under Article 94, paragraph (1) of the Former Act that is made pursuant to that paragraph from the former Association for specified industry A to the former Association for specified industry B is deemed to be the transfer under Article 83-2, paragraph (1) of the New Act made pursuant to that paragraph from the special account for specified industry A established pursuant to Article 76-3 of the New Act to the special account for specified industry B established pursuant to that Article, and Article 83-2, paragraph (2) of the New Act applies.
旧法第九十四条第三項の規定においてその例によることとされる場合における同条第一項の規定に基づき甲特定業種に係る旧組合から乙特定業種に係る旧組合に対して行われた同項の引渡しは、新法第八十三条の二第一項の規定に基づき新法第七十六条の三の規定により設けられている甲特定業種に係る特別の勘定から同条の規定により設けられている乙特定業種に係る特別の勘定に対して行われた同項の繰入れとみなして、新法第八十三条の二第二項の規定を適用する。
Article 83-2, paragraph (2) and Article 94, paragraph (2) of the New Act apply to retirement allowances for persons for whom the cause for payment prescribed in Article 82, paragraphs (1) through (3) of the New Act arises on or after the day of the enforcement of this Act (hereinafter in this Article referred to as the "Effective Date"), and the provisions then in force continue to govern retirement allowances for persons for whom the cause for payment prescribed in Article 82, paragraphs (1) through (3) of the Former Act arose before the Effective Date.
新法第八十三条の二第二項及び第九十四条第二項の規定は、この法律の施行の日（以下この条において「施行日」という。）以後に新法第八十二条第一項から第三項までに規定する支給事由が生じた者に係る退職金について適用し、施行日前に旧法第八十二条第一項から第三項までに規定する支給事由が生じた者に係る退職金については、なお従前の例による。
Article 94, paragraph (2) of the New Act, in the case where the example of Article 94, paragraph (4) of that Act is to be followed, applies to retirement allowances for persons who retire on or after the Effective Date, and the provisions then in force continue to govern retirement allowances for persons who retired before the Effective Date.
Supplementary Provisions, Article 12Delegation to Cabinet Order
第十二条（政令への委任）
Beyond what is prescribed in Article 6 through the preceding Article of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
附則第六条から前条までに規定するもののほか、この法律の施行に関して必要な経過措置は、政令で定める。
Supplementary Provisions, Article 13Transitional Measures Concerning Penal Provisions
第十三条（罰則に関する経過措置）
With regard to the application of penal provisions to acts committed before this Act comes into effect in violation of the provisions of the Former Act, the provisions then in force continue to govern.
この法律の施行前にした旧法の規定に違反する行為に対する罰則の適用については、なお従前の例による。
retirementmachine translation
「退職」
The ending of an employee's employment relationship with their employer (事業主).
Defined inArticle 2, paragraph (2)· applies throughout the law
specified industrymachine translation
「特定業種」
Construction or another industry, designated by the Minister of Health, Labour and Welfare (厚生労働大臣), in which many employees normally move between the many businesses of that industry and are employed by their employers in turn.
Defined inArticle 2, paragraph (4)· applies throughout the law
specified-industry retirement allowance mutual aid contractmachine translation
「特定業種退職金共済契約」
A contract under which an employer (事業主) in a specified industry (特定業種) promises to pay premiums (掛金) to the Organization (機構), and the Organization promises to pay a retirement allowance (退職金), as this Act provides, when a person leaves who is employed by that employer for a fixed term and normally works in that industry.
Defined inArticle 2, paragraph (5)· applies throughout the law
the New Actmachine translation
「新法」
This Act as amended by Act No. 38 of 1981.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
new Associationmachine translation
「新組合」
In the supplementary provisions (附則) of Act No. 38 of 1981, the specified-industry retirement allowance mutual aid association (特定業種退職金共済組合) under Chapter V, Section 2 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as Act No. 38 of 1981 amended it, set up under those supplementary provisions; the members of the former Association (旧組合) became its members when it was established.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 38 of 1981 amended it.
Short name set inSupplementary Provisions, Article 4, paragraph (3)
former Associationmachine translation
「旧組合」
In the supplementary provisions (附則) of Act No. 38 of 1981, the specified-industry retirement allowance mutual aid association (特定業種退職金共済組合) under Chapter V, Section 2 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as it stood before Act No. 38 of 1981 amended it; its members became members of the new Association (新組合) when that was established.
Short name set inSupplementary Provisions, Article 4, paragraph (3)
new Association staff member wishing to returnmachine translation
「新組合関係復帰希望職員」
In Article 7 of the supplementary provisions (附則) of Act No. 38 of 1981, a member of the former Association's (旧組合) staff in post when it was dissolved who is a staff member wishing to return (復帰希望職員) under Article 11, paragraph (1) of the supplementary provisions of Act No. 72 of 1979 and who went straight on to the new Association's (新組合) staff; for paragraph (2) of that Article, the new Association and such staff are treated as public finance corporations and similar bodies (公庫等) and their staff under Article 124-2, paragraph (1) of the National Public Officers Mutual Aid Association Act as it stood before Act No. 72 of 1979 amended it.
Short name set inSupplementary Provisions, Article 7, paragraph (1)· applies only in this article
1979 Amendment Actmachine translation
「昭和五十四年改正法」
Short name, in Article 7 of the supplementary provisions (附則) of Act No. 38 of 1981, for Act No. 72 of 1979, the 1979 law amending the law on revising, from fiscal 1967 onward, the amounts of pensions paid by the National Public Officers' Mutual Aid Associations and others, together with other laws.
Short name set inSupplementary Provisions, Article 7, paragraph (1)· applies only in this article
the Effective Datemachine translation
「施行日」
The date Act No. 38 of 1981, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 11, paragraph (2)· applies only in this article
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.
registration
登記
Entry in a public register kept by a registry office (登記所) — a Legal Affairs Bureau or one of its branch offices — so that the matter is made public (Real Property Registration Act, Articles 1 and 6, paragraph (1)). Rights in land and buildings, such as ownership, a superficies (地上権), a statutory lien (先取特権), a mortgage and a right of lease (賃借権), can be registered under that Act (Article 3), and matters the Commercial Code, the Companies Act and other Acts require to be registered are registered under the Commercial Registration Act (Article 1). Registration also lets a right be asserted against third parties: acquiring, losing or changing a right in rem (物権) in land or a building, such as ownership, cannot be asserted against third parties until it is registered (Civil Code, Article 177), and a matter the Companies Act requires to be registered cannot be asserted against a third party who does not know of it until it has been registered, nor, even after that, against one who had a justifiable reason for not knowing of the registration (Companies Act, Article 908, paragraph (1)).
Written by AI using Real Property Registration Act, Arts. 1, 3, 6, Commercial Registration Act, Art. 1, Civil Code, Art. 177 and Companies Act, Art. 908 as a reference.