Supplementary Provisions, Article 6Dissolution, etc. of the Specified-Industry Retirement Allowance Mutual Aid Associations
第六条(特定業種退職金共済組合の解散等)
The Association is dissolved at the time of the establishment of the Organization, and all its rights and obligations are succeeded to by the Organization at that time.
The provisions then in force continue to govern the settlement of accounts of the Association for the business year beginning on April 1, 1997, and its inventory of property, balance sheet and profit and loss statement.
組合の平成九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。
When the Organization has succeeded to the rights and obligations of the Association pursuant to paragraph (1), the assets and liabilities of the Association belonging, at the time of that succession, to the special accounts established for each specified industry pursuant to Article 76-3 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act before amendment (hereinafter referred to as the "Former Act") (referred to as the "specified-industry special accounts" in the following paragraph) are to be attributed, respectively, to the account for specified-industry retirement allowance mutual aid operations established pursuant to Article 75, paragraph (1) of the New Act (referred to as the "specified-industry account" in the following paragraph) that relates to the specified industry in question.
第一項の規定により機構が組合の権利及び義務を承継したときは、その承継の際改正前の中小企業退職金共済法(以下「旧法」という。)第七十六条の三の規定により特定業種ごとに設けられている特別の勘定(次項において「特定業種特別勘定」という。)に属する組合の資産及び負債は、それぞれ、新法第七十五条第一項の規定により設けられる特定業種退職金共済業務に係る勘定(次項において「特定業種勘定」という。)のうち当該特定業種に係るものに帰属させるものとする。
When the Organization has succeeded to the rights and obligations of the Association pursuant to paragraph (1), the assets and liabilities of the Association belonging, at the time of that succession, to an account other than a specified-industry special account are to be attributed to the specified-industry account with the approval of the Minister of Labour.
When the Minister of Labour intends to give the approval under the preceding paragraph, the Minister must in advance consult the Minister of Finance.
労働大臣は、前項の規定による承認をしようとするときは、あらかじめ、大蔵大臣に協議しなければならない。
Where, among the property succeeded to by the Organization pursuant to paragraph (1), there is property that an employer of a business belonging to a specified industry prescribed in Article 77 of the Former Act contributed to the Association otherwise than under a specified-industry retirement allowance mutual aid contract, the Organization must manage and invest that property pursuant to Article 77 of the New Act.
第一項の規定により機構が承継した財産のうち旧法第七十七条に規定する特定業種に属する事業の事業主が特定業種退職金共済契約によらないで組合に拠出したものがあるときは、機構は、当該財産については、新法第七十七条の規定により管理し、及び運用しなければならない。
The registration of dissolution in the case where the Association is dissolved pursuant to 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
specified-industry retirement allowance mutual aid operationsmachine translation
「特定業種退職金共済業務」
The part of the Organization's (機構) retirement allowance mutual aid operations (退職金共済業務) carried on separately for each specified industry (特定業種); a management board (運営委員会) is set up for each industry to help them run smoothly.
Short name set inArticle 67, paragraph (1)
the New Actmachine translation
「新法」
This Act as amended by Act No. 68 of 1997.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Organizationmachine translation
「機構」
In the supplementary provisions (附則) of Act No. 68 of 1997, the Organization for Workers' Retirement Allowance Mutual Aid (勤労者退職金共済機構) provided for in Chapter VI of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as Act No. 68 of 1997 amended it, established on 1 April 1998.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Associationmachine translation
「組合」
In the supplementary provisions (附則) of Act No. 68 of 1997, a specified-industry retirement allowance mutual aid association (特定業種退職金共済組合), dissolved under Article 6, paragraph (1) of those supplementary provisions when the Organization for Workers' Retirement Allowance Mutual Aid (勤労者退職金共済機構) was established, all its rights and obligations passing to that Organization.
Short name set inSupplementary Provisions, Article 3, paragraph (2)
the Former Actmachine translation
「旧法」
The Act as it stood before the amendment these supplementary provisions deal with.
Short name set inSupplementary Provisions, Article 6, paragraph (3)
specified-industry accountmachine translation
「特定業種勘定」
In Article 6 of the supplementary provisions (附則) of Act No. 68 of 1997, the account for specified-industry retirement allowance mutual aid operations (特定業種退職金共済業務) that the Organization (機構) keeps under Article 75, paragraph (1) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as Act No. 68 of 1997 amended it; the dissolved associations' (組合) assets and liabilities pass to its part for the same specified industry (特定業種).
Short name set inSupplementary Provisions, Article 6, paragraph (3)· applies only in this provision and in Supplementary Provisions, Article 6, paragraph (4)
specified-industry special accountmachine translation
「特定業種特別勘定」
In Article 6 of the supplementary provisions (附則) of Act No. 68 of 1997, a special account kept for each specified industry (特定業種) under Article 76-3 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as it stood before Act No. 68 of 1997 amended it; the assets and liabilities of the dissolved associations (組合) held in it pass to the Organization's specified-industry account (特定業種勘定) for that industry.
Short name set inSupplementary Provisions, Article 6, paragraph (3)· applies only in this provision and in Supplementary Provisions, Article 6, paragraph (4)
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.