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.
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)
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.