会社法（かいしゃほう）

Articles of incorporation referred to in the preceding paragraph may be prepared in the form of an electronic or magnetic record (meaning a record that Ministry of Justice Order prescribes as being used in computerized information processing and created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses; the same applies hereinafter, except in Article 886-2, paragraph (3), Article 886-3 and Article 906-2, paragraph (3)). In these cases, actions prescribed by Ministry of Justice Order must be taken in lieu of the signing or the affixing of the names and seals, with respect to the data recorded in such an electronic or magnetic record.

If an order to commence special liquidation is issued, the liquidating stock company must, without delay after the approval under Article 492, paragraph (3) is given, submit the inventory of property (meaning the inventory of property provided for in that paragraph; hereinafter the same applies in this Article);provided, however, that, if the inventory of property has been prepared as an electronic or magnetic record, a document showing, or an electronic or magnetic record recording, the information recorded in that electronic or magnetic record must be submitted to the court.

(Service of a an Electronic Written Judgment)

The provisions of Part I, Chapter V, Section 4 of the Code of Civil Procedure (excluding Article 100, paragraph (2), Article 104, Subsection 3, Article 111 and Article 113) apply mutatis mutandis to the service of a an electronic written judgment under the provisions of this Section. In these cases, in the main clause of (meaning an electronic written judgment prescribed in Article 11257, paragraph (1) of the Non-Contentious Cases Procedure Act that Code, the phrase "commenced the measures under has been recorded in a file pursuant to the provisions of the preceding Article" is deemed to be replaced with "a court clerk commenced posting on the notice board of the court a notice toparagraph (3) of that Article; the same applies hereinafter in this Section). In these cases, in Article 109-4, paragraph (1) of that Code, the effect that the court clerk keeps the written judgment phrase "each item of Article 132-11, paragraph (1)" is deemed to be served and will deliver it at any time to the person who is to receive service"; and in the provisoreplaced with "each item of Article 132-11, paragraph (1) as applied mutatis mutandis following the deemed replacement of terms pursuant to that paragraph, the phrase "commencedArticle 42, paragraph (1) of the measures under the provisions of Non-Contentious Cases Procedure Act as applied following the preceding Article" is deemed deemed replacement of terms pursuant to be replaced with "the relevant posting commencedthe provisions of Article 887-2, paragraph (2) of the Companies Act".

Service by publication under the provisions of Article 110, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding paragraph is effected by posting on the notice board of the court a notice to the effect that a court clerk keeps the written judgment to be served and will deliver it at any time to the person who is to receive service.

An interested party may make a request to a court clerk for inspection of the documents or any other articles (hereinafter referred to as the "documents, etc." in this Article and Article 887, paragraph (1) of the following Article) submitted to the court or prepared by the court based on the provisions of Part II, Chapter IX, Section 2 or this Section or Part II of the Non-Contentious Cases Procedures Act (or, if an order to commence special liquidation has been issued, Part II, Chapter IX, Section 1 or Section 2, or Section 1 of this Chapter (limited to the portion relating to a case relating to a petition under the provisions of Part II, Chapter IX, Section 1) or this Section, or Part II of the Non-Contentious Cases Procedures Act) ; the same applies in paragraph (1) of the following Article) (including the provisions of this Act or any other Acts applied mutatis mutandis under these provisions; the same applies in that paragraph).

An interested party may make a request to a court clerk for copying of the documents, etc., or delivery of the original, a transcript or an extract thereof, or delivery of a certificate of matters concerning the case.

Notwithstanding theThe provisions of the preceding three paragraphs, the persons set forth in the following items may not make Article 91, paragraph (5) of the Code of Civil Procedure apply mutatis mutandis to a request under the provisions of the preceding three paragraphs until any one of the orders, provisional orders, dispositions or judicial decisions specified respectively in those items has been issued;provided, however, that this does not apply if any that person is a petitioner with respect to commencement of special liquidation:.

an interested party other than the liquidating stock company:an order to suspend under the provisions of Article 512, a provisional order under the provisions of Article 540, paragraph (2), a disposition under the provisions of Article 541, paragraph (2), or a judicial decision relating to a petition for commencement of special liquidation; or

the liquidating stock company:a judicial decision designating the date of the hearing on which the liquidating stock company is to be summoned concerning a petition for commencement of special liquidation or the order, provisional order, disposition or judicial decision specified in the preceding item.

The provisions of Article 32, paragraphs (1) through (4) of the Non-Contentious Cases Procedures Act do not apply to the special liquidation proceedings.

An interested party may, pursuant to the provisions of the Rules of the Supreme Court, make a request to a court clerk for inspection of the content of the matters recorded in a file (referred to simply as a "file" in Article 906-2, paragraph (1)) stored in a computer used by the court (including input-output devices; the same applies hereinafter) based on the provisions of Part II, Chapter IX, Section 2 or this Section or Part II of the Non-Contentious Cases Procedures Act (hereinafter referred to as "file-recorded matters" in this Article and Article 887, paragraph (6)), as displayed by the method specified by the Rules of the Supreme Court.

An interested party may, with respect to file-recorded matters, make a request to a court clerk, pursuant to the provisions of the Rules of the Supreme Court, for copying by the method of recording them in a file stored in the computer used by that interested party through the use of the electronic data processing system specified by the Rules of the Supreme Court (meaning an electronic data processing system connecting the computer used by the court and the computer used by the other party to the proceedings via a telecommunications line; the same applies hereinafter) or by any other method specified by the Rules of the Supreme Court.

An interested party may, pursuant to the provisions of the Rules of the Supreme Court, make a request to a court clerk for the delivery of a document stating all or part of the file-recorded matters for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the content of the document is identical to the file-recorded matters, or for the provision of an electronic or magnetic record recording all or part of the file-recorded matters (meaning a record created in electronic form, magnetic form or any other form that cannot be perceived by the human senses, which is used in computerized information processing; the same applies in this paragraph, the following Article and Article 906-2, paragraph (3)) for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the content of the electronic or magnetic record is identical to the file-recorded matters, by the method of recording it in a file stored in the computer used by that interested party through the use of the electronic data processing system specified by the Rules of the Supreme Court or by any other method specified by the Rules of the Supreme Court.

The provisions of Article 91, paragraph (5) of the Code of Civil Procedure apply mutatis mutandis to a request under the provisions of paragraphs (1) and (2).

An interested party may, pursuant to the provisions of the Rules of the Supreme Court, make a request to a court clerk for the delivery of a document stating matters concerning the special liquidation case for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, or for the provision of an electronic or magnetic record recording those matters for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, by the method of recording it in a file stored in the computer used by that interested party through the use of the electronic data processing system specified by the Rules of the Supreme Court or by any other method specified by the Rules of the Supreme Court.

Notwithstanding the provisions of the preceding three Articles, the persons set forth in the following items may not make a request under those provisions until any one of the orders, provisional orders, dispositions or judicial decisions specified respectively in those items has been issued; provided, however, that this does not apply if that person is a petitioner with respect to commencement of special liquidation:

an interested party other than the liquidating stock company: an order to suspend under the provisions of Article 512, a provisional order under the provisions of Article 540, paragraph (2), a disposition under the provisions of Article 541, paragraph (2), or a judicial decision relating to a petition for commencement of special liquidation; or

the liquidating stock company: a judicial decision designating the date of the hearing on which the liquidating stock company is to be summoned concerning a petition for commencement of special liquidation or the order, provisional order, disposition or judicial decision specified in the preceding item.

If a prima facie showing is made that any one of the following documents, etc. include a part (hereinafter referred to as a "detrimental part") in this paragraph through paragraph (3)) where inspection or copying thereof, delivery of the original or a transcript or an extract thereof, or reproduction thereof (hereinafter referred to as "inspection, etc." in this Articleparagraph through paragraph (3)) by interested parties is likely to cause considerable detriment to the implementation of liquidation of the liquidating stock company, the court may, in response to a petition from the liquidating stock company that submitted relevant documents, etc. or by an investigator, limit the persons who are able to request inspection, etc. of the detrimental part to the person who has filed relevant petition and the liquidating stock company:

The provisions of the preceding paragraphs apply mutatis mutandis to file-recorded matters. In this case, the phrase "copying thereof, delivery of the original or a transcript or an extract thereof, or reproduction thereof" in paragraph (1) is deemed to be replaced with "copying thereof, or delivery of a document certifying all or part of the content thereof or provision of an electronic or magnetic record certifying all or part of the content thereof".

The provisions of Articles 32 and 32-2 of the Non-Contentious Cases Procedures Act do not apply to special liquidation proceedings.

この部分の英訳はまだありません。

IIf the judicial decision prescribed in paragraph (2) or a judicial decision relating to the immediate appeal referred to in that paragraph is made, the electronic written judgment thereof must be served on the parties.

When the court issues an order to commence special liquidation, it must immediately give public notice to that effect and serve the electronic written judgment of the order to commence special liquidation on the liquidating stock company.

An order to commence special liquidation becomes effective when the electronic written judgment thereof is served on the liquidating stock company.

If the judicial decision prescribed in paragraph (4) or a judicial decision on the immediate appeal referred to in that paragraph is made, the electronic written judgment thereof must be served on the parties.

If the judicial decision prescribed in paragraph (2) or a judicial decision on the immediate appeal referred to in that paragraph is made, the electronic written judgment thereof must be served on the parties.

If the judicial decision referred to in the preceding paragraph or a judicial decision relating to the immediate appeal in that paragraph is made, the electronic written judgment thereof must be served on the parties.

If the judicial decision prescribed in paragraph (2) or a judicial decision relating to the immediate appeal referred to in that paragraph is made, the electronic written judgment thereof must be served on the parties.

If a ruling evaluating the subject officers' liability is made, the electronic written judgment thereof must be served on the parties.

An interested party may, pursuant to the provisions of the Rules of the Supreme Court, make a request to a court clerk for inspection of the content of the matters recorded in a file concerning the report or account referred to in Article 825, paragraph (6) (including the cases where it is applied mutatis mutandis pursuant to Article 827, paragraph (2)) (hereinafter referred to as "recorded matters of reports, etc." in this Article), as displayed by the method specified by the Rules of the Supreme Court.

An interested party may, with respect to recorded matters of reports, etc., make a request to a court clerk, pursuant to the provisions of the Rules of the Supreme Court, for copying by the method of recording them in a file stored in the computer used by that interested party through the use of the electronic data processing system specified by the Rules of the Supreme Court or by any other method specified by the Rules of the Supreme Court.

An interested party may, pursuant to the provisions of the Rules of the Supreme Court, make a request to a court clerk for the delivery of a document stating all or part of the recorded matters of reports, etc. for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the content of the document is identical to the recorded matters of reports, etc., or for the provision of an electronic or magnetic record recording all or part of the recorded matters of reports, etc. for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the content of the electronic or magnetic record is identical to the recorded matters of reports, etc., by the method of recording it in a file stored in the computer used by that interested party through the use of the electronic data processing system specified by the Rules of the Supreme Court or by any other method specified by the Rules of the Supreme Court.

The provisions of paragraph (4) of the preceding Article and Article 91, paragraph (5) of the Code of Civil Procedure apply mutatis mutandis to recorded matters of reports, etc.

When a person who has filed an application for a registration pursuant to the provisions of Article 942, paragraph (1) satisfies all of the following requirements, the Minister of Justice must complete the registration of that person. In these cases, the necessary procedures concerning a registration are prescribed by Ministry of Justice Order:

the person carries out the electronic public notice investigation by using the computers (including input-output devices; hereinafter the same applies in this item) and programs (meaning instructions given to a computer, combined so as to obtain a certain result; hereinafter the same applies in this item) necessary for the electronic public notice investigation, which satisfy all of the following requirements: