The Prime Minister must refuse to effect a registration if the applicant for registration falls under any of the following items, or if the written application for registration or a document or electronic or magnetic record that is required to accompany it contains a false statement or record or omits a statement or record of a material fact:
a person that has had the registration referred to in Article 29 rescinded pursuant to the provisions of Article 52, paragraph (1), Article 53, paragraph (3), or Article 57-6, paragraph (3), has had the permission referred to in Article 60, paragraph (1) rescinded pursuant to the provisions of Article 60-8, paragraph (1), has had the permission under Article 60-14, paragraph (1) rescinded pursuant to the provisions of Article 60-8, paragraph (1) as applied mutatis mutandis pursuant to Article 60-14, paragraph (2), has been ordered to discontinue specially permitted services for qualified institutional investors, etc. (meaning the specially permitted services for qualified institutional investors, etc. prescribed in Article 63, paragraph (2); hereinafter the same applies in this item and item (ii) of this paragraph) pursuant to the provisions of Article 63-5, paragraph (3) (including as applied mutatis mutandis pursuant to Article 63-3, paragraph (2)), has been ordered to discontinue specially permitted services for foreign investors, etc. (meaning the specially permitted services for foreign investors, etc. prescribed in Article 63-8, paragraph (1); hereinafter the same applies in this item and item (ii) of this paragraph) pursuant to the provisions of Article 63-13, paragraph (3) (including as applied mutatis mutandis pursuant to Article 63-11, paragraph (2)), has had the registration referred to in Article 66 rescinded pursuant to the provisions of Article 66-20, paragraph (1), has had the registration referred to in Article 66-27 rescinded pursuant to the provisions of Article 66-42, paragraph (1), has had the registration referred to in Article 66-50 rescinded pursuant to the provisions of Article 66-63, paragraph (1), has had the registration referred to in Article 66-71 rescinded pursuant to the provisions of Article 66-85, paragraph (1), or has been ordered to discontinue cryptoasset management-related services pursuant to the provisions of Article 66-103, paragraph (1), or has had the registration referred to in Article 12 of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto (limited to the registration related to the type of securities, etc. intermediary business operations) rescinded pursuant to the provisions of Article 38, paragraph (1) (excluding items (ii), (iii), and (v)) of that Act, and for whom five years have not passed since the date of the rescission or order; or a person that has had a registration or permission of the same kind that it holds in a foreign country (including authorization or any other administrative disposition similar to such a registration or permission) rescinded pursuant to the provisions of the laws and regulations of that foreign country that are equivalent to this Act or the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto, or has been ordered to discontinue services of the same kind as specially permitted services for qualified institutional investors, etc. or, specially permitted services for foreign investors, etc., or cryptoasset management-related services, and for whom five years have not passed since the date of the rescission or order;
a person that, between the day on which a notice under Article 15 of the Administrative Procedure Act was given regarding the disposition of rescission of the registration referred to in Article 29 pursuant to the provisions of Article 52, paragraph (1), Article 53, paragraph (3), or Article 57-6, paragraph (3) and the day of making the disposition or deciding not to make the disposition, has made a notification under Article 50-2, paragraph (1) to the effect that the person falls under item (ii), (vi), or (vii) of that paragraph (excluding a person that, before the day on which the notice was given, had made a decision (meaning, if the person is a corporation, the decision by the organ responsible for making decisions on the execution of its operations) to discontinue financial instruments business, to cause all of the business relating to financial instruments business to be succeeded to in a company split, or to transfer all of the business relating to financial instruments business), and for whom five years have not passed since the date of that notification;
a person that, between the day on which a notice under Article 15 of the Administrative Procedure Act was given regarding the disposition of rescission of the permission referred to in Article 60, paragraph (1) pursuant to the provisions of Article 60-8, paragraph (1) and the day of making the disposition or deciding not to make the disposition, has discontinued on-exchange transaction services (meaning the on-exchange transaction services prescribed in Article 60, paragraph (1); hereinafter the same applies in this item, item (ii), (f)(2), and Article 38, item (viii)) and, as a result, has made a notification under Article 60-7 to the effect that the case prescribed in that Article applies, as the authorized firm for on-exchange transactions (meaning the authorized firm for on-exchange transactions prescribed in Article 60-4, paragraph (1); hereinafter the same applies in this item, item (ii), and Article 38, item (viii)) pertaining to that notification (excluding a person that, before the day on which the notice was given, had made a decision (meaning the decision by the organ responsible for making decisions on the execution of the operations of that authorized firm for on-exchange transactions) to discontinue on-exchange transaction services), and for whom five years have not passed since the date of that notification;
a person that, between the day on which a notice under Article 15 of the Administrative Procedure Act was given regarding the disposition of rescission of the permission referred to in Article 60-14, paragraph (1) pursuant to the provisions of Article 60-8, paragraph (1) as applied mutatis mutandis pursuant to Article 60-14, paragraph (2) and the day of making the disposition or deciding not to make the disposition, has discontinued the business of conducting electronic over-the-counter derivatives transactions, etc. (meaning the business of conducting electronic over-the-counter derivatives transactions, etc. prescribed in Article 60-14, paragraph (1); hereinafter the same applies in this item and item (ii), (f)(3)) and, as a result, has made a notification under Article 60-7 as applied mutatis mutandis pursuant to Article 60-14, paragraph (2) to the effect that the case prescribed in that Article applies, as the business operator authorized to conduct electronic over-the-counter derivatives transactions, etc. (meaning the business operator authorized to conduct electronic over-the-counter derivatives transactions, etc. prescribed in Article 60-14, paragraph (2); hereinafter the same applies in this item and item (ii)) pertaining to that notification (excluding a person that, before the day on which the notice was given, had made a decision (meaning the decision by the organ responsible for making decisions on the execution of the operations of that business operator authorized to conduct electronic over-the-counter derivatives transactions, etc.) to discontinue the business of conducting electronic over-the-counter derivatives transactions, etc.), and for whom five years have not passed since the date of that notification;
a person that, between the day on which a notice under Article 15 of the Administrative Procedure Act was given regarding the disposition of discontinuation of specially permitted services for qualified institutional investors, etc. under Article 63-5, paragraph (3) and the day of making the disposition or deciding not to make the disposition, has made a notification under Article 63-2, paragraph (2) to the effect that the person has succeeded to the position of a notifier of specially permitted services (meaning a person that has made a notification under Article 63, paragraph (2); hereinafter the same applies in this item and item (ii)) pursuant to the provisions of Article 63-2, paragraph (1), or a notification under the provisions of paragraph (3) of that Article to the effect that the person falls under item (ii) of that paragraph (in the case where the person has made a notification under paragraph (2) of that Article to the effect that the person has succeeded to the position of a notifier of specially permitted services pursuant to the provisions of paragraph (1) of that Article, the person that was the notifier of specially permitted services pertaining to that notification; and excluding a person that, before the day on which the notice was given, had made a decision (meaning, if the person is a corporation, the decision by the organ responsible for making decisions on the execution of its operations) to transfer all of the business relating to specially permitted services for qualified institutional investors, etc., to cause all of that business to be succeeded to in a company split, or to discontinue specially permitted services for qualified institutional investors, etc.), and for whom five years have not passed since the date of that notification;
a person that, between the day on which a notice under Article 15 of the Administrative Procedure Act was given regarding the disposition of discontinuation of specially permitted services for qualified institutional investors, etc. under Article 63-5, paragraph (3) as applied mutatis mutandis pursuant to Article 63-3, paragraph (2) and the day of making the disposition or deciding not to make the disposition, has made a notification under Article 50-2, paragraph (1) to the effect that the person falls under item (vi) or (vii) of that paragraph, or a notification under the provisions of Article 63-2, paragraph (3) as applied mutatis mutandis pursuant to Article 63-3, paragraph (2) to the effect that the person falls under item (ii) of Article 63-2, paragraph (3) as so applied (excluding a person that, before the day on which the notice was given, had made a decision (meaning, if the person is a corporation, the decision by the organ responsible for making decisions on the execution of its operations) to cause all of the business relating to specially permitted services for qualified institutional investors, etc. to be succeeded to in a company split, to transfer all of that business, or to discontinue specially permitted services for qualified institutional investors, etc.), and for whom five years have not passed since the date of that notification;
a person that, between the day on which a notice under Article 15 of the Administrative Procedure Act was given regarding the disposition of discontinuation of specially permitted services for foreign investors, etc. under Article 63-13, paragraph (3) and the day of making the disposition or deciding not to make the disposition, has made a notification under Article 63-10, paragraph (2) to the effect that the person has succeeded to the position of a notifier of specially permitted services for foreign investors, etc. (meaning a person that has made a notification under Article 63-9, paragraph (1); hereinafter the same applies in this item and item (ii)) pursuant to the provisions of Article 63-10, paragraph (1), or a notification under the provisions of paragraph (3) of that Article to the effect that the person falls under item (ii) of that paragraph (in the case where the person has made a notification under paragraph (2) of that Article to the effect that the person has succeeded to the position of a notifier of specially permitted services for foreign investors, etc. pursuant to the provisions of paragraph (1) of that Article, the person that was the notifier of specially permitted services for foreign investors, etc. pertaining to that notification; and excluding a person that, before the day on which the notice was given, had made a decision (meaning, if the person is a corporation, the decision by the organ responsible for making decisions on the execution of its operations) to transfer all of the business relating to specially permitted services for foreign investors, etc., to cause all of that business to be succeeded to in a company split, or to discontinue specially permitted services for foreign investors, etc.), and for whom five years have not passed since the date of that notification;
a person that, between the day on which a notice under Article 15 of the Administrative Procedure Act was given regarding the disposition of discontinuation of specially permitted services for foreign investors, etc. under Article 63-13, paragraph (3) as applied mutatis mutandis pursuant to Article 63-11, paragraph (2) and the day of making the disposition or deciding not to make the disposition, has made a notification under Article 50-2, paragraph (1) to the effect that the person falls under item (vi) or (vii) of that paragraph, or a notification under the provisions of Article 63-10, paragraph (3) as applied mutatis mutandis pursuant to Article 63-11, paragraph (2) to the effect that the person falls under item (ii) of Article 63-10, paragraph (3) as so applied (excluding a person that, before the day on which the notice was given, had made a decision (meaning, if the person is a corporation, the decision by the organ responsible for making decisions on the execution of its operations) to cause all of the business relating to specially permitted services for foreign investors, etc. to be succeeded to in a company split, to transfer all of that business, or to discontinue specially permitted services for foreign investors, etc.), and for whom five years have not passed since the date of that notification;
a person that, between the day on which a notice under Article 15 of the Administrative Procedure Act was given regarding the disposition of rescission of the registration referred to in Article 66 pursuant to the provisions of Article 66-20, paragraph (1) and the day of making the disposition or deciding not to make the disposition, has made a notification under Article 66-19, paragraph (1) to the effect that the person falls under item (i) of that paragraph (excluding a person that, before the day on which the notice was given, had made a decision (meaning, if the person is a corporation, the decision by the organ responsible for making decisions on the execution of its operations) to discontinue financial instruments intermediary service, to cause all of the business relating to financial instruments intermediary service to be succeeded to in a company split, or to transfer all of the business relating to financial instruments intermediary service), and for whom five years have not passed since the date of that notification;
a person that, between the day on which a notice under Article 15 of the Administrative Procedure Act was given regarding the disposition of rescission of the registration referred to in Article 66-27 pursuant to the provisions of Article 66-42, paragraph (1) and the day of making the disposition or deciding not to make the disposition, has made a notification under Article 66-40, paragraph (1) to the effect that the person falls under item (i) of that paragraph (excluding a person that, before the day on which the notice was given, had made a decision (meaning the decision by the organ responsible for making decisions on the execution of the person's operations) to discontinue credit rating services, to cause all of the business relating to credit rating services to be succeeded to in a company split, or to transfer all of the business relating to credit rating services), and for whom five years have not passed since the date of that notification;
a person that, between the day on which a notice under Article 15 of the Administrative Procedure Act was given regarding the disposition of rescission of the registration referred to in Article 66-50 pursuant to the provisions of Article 66-63, paragraph (1) and the day of making the disposition or deciding not to make the disposition, has made a notification under Article 66-61, paragraph (1) to the effect that the person falls under item (ii), (vi), or (vii) of that paragraph (excluding a person that, before the day on which the notice was given, had made a decision (meaning, if the person is a corporation, the decision by the organ responsible for making decisions on the execution of its operations) to discontinue the business relating to high-speed trading, to cause all of that business to be succeeded to in a company split, or to transfer all of that business), and for whom five years have not passed since the date of that notification;
a person that, between the day on which a notice under Article 15 of the Administrative Procedure Act was given regarding the disposition of rescission of the registration referred to in Article 66-71 pursuant to the provisions of Article 66-85, paragraph (1) and the day of making the disposition or deciding not to make the disposition, has made a notification under Article 66-83, paragraph (1) to the effect that the person falls under item (ii), (vi), or (vii) of that paragraph (excluding a person that, before the day on which the notice was given, had made a decision (meaning, if the person is a corporation, the decision by the organ responsible for making decisions on the execution of its operations) to discontinue investment management-related services contracting business, to cause all of the business relating to investment management-related services contracting business to be succeeded to in a company split, or to transfer all of the business relating to investment management-related services contracting business), and for whom five years have not passed since the date of that notification;
a person that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of rescission, under Article 38, paragraph (1) (excluding items (ii), (iii) and (v)) of the Act on the Provision of Financial Services and the Developmentdiscontinuation of the Accessible Environment Thereto, of the registrationcryptoasset management-related services under Article 12 of that Act (limited to the registration related to the type of securities, etc. intermediary business operations66-103, paragraph (1) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 16, paragraph (3) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto66-101 to the effect that the person falls under item (iii) ii), (vi) or (vii) of that paragraphArticle (excluding a person that, before the day on which the notice was given, had made a decision (meaning, if the person is a corporation, a decision by the organ that is responsible for making decisions on the execution of its operations) to discontinue financial service intermediary business (meaning the financial service intermediary business prescribed in Article 11, paragraph (1) of that Act; the same applies in (12) and item (ii), (f)(12))cryptoasset management-related services, to have all of the business related to financial service intermediary businesscryptoasset management-related services succeeded to by another through a company split, or to transfer all of the business related to financial service intermediary businesscryptoasset management-related services), and for whom five years have not passed since the date of the notification;
a person that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of rescission, under Article 38, paragraph (1) (excluding items (ii), (iii) and (v)) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto, of the registration under Article 12 of that Act (limited to the registration related to the type of securities, etc. intermediary business operations) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 16, paragraph (3) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto to the effect that the person falls under item (iii) of that paragraph (excluding a person that, before the day on which the notice was given, had made a decision (meaning, if the person is a corporation, a decision by the organ that is responsible for making decisions on the execution of its operations) to discontinue financial service intermediary business (meaning the financial service intermediary business prescribed in Article 11, paragraph (1) of that Act; the same applies in (13) and item (ii), (f)(13)), to have all of the business related to financial service intermediary business succeeded to by another through a company split, or to transfer all of the business related to financial service intermediary business), and for whom five years have not passed since the date of the notification;
a person that has been sentenced to a fine (including an equivalent sentence under foreign laws and regulations) for violating the provisions of this Act; the Secured Bond Trust Act (Act No. 52 of 1905); the Act on Engagement in Trust Business by Financial Institutions (Act No. 43 of 1943); the Commodity Derivatives Transaction Act; the Act on Investment Trusts and Investment Corporations; the Real Estate Brokerage Act (Act No. 176 of 1952); the Act Regulating the Receipt of Contributions, the Receipt of Deposits, and Interest Rates (Act No. 195 of 1954); the Installment Sales Act (Act No. 159 of 1961); the Money Lending Business Act (Act No. 32 of 1983); the Act on Deposit Transactions (Act No. 62 of 1986); the Act on Regulation of Commodity Investment (Act No. 66 of 1991); the Act on Specified Joint Real Estate Ventures; the Act on the Securitization of Assets; the Act on Issuance, etc. of Bonds for Financial Corporations' Loan Business (Act No. 32 of 1999); the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto; the Trust Business Act (Act No. 154 of 2004); the Payment Services Act; the Act on the Promotion of Business Financing, etc. (Act No. 52 of 2024); or any other laws specified by Cabinet Order, or for violating the provisions of a foreign law or regulation that is equivalent to any of these Acts, and five years have not passed since the day on which the person finished serving the sentence or ceased to be subject to its enforcement;
第二十九条の四第一項第一号ニ(登録の拒否)
他に行う事業が公益に反すると認められる者
a person that performs another business which is found to be contrary to the public interest;
a person that is found, in light of its relationship with an organized crime group prescribed in Article 2, item (ii) of the Act on Prevention of Unjust Acts by Organized Crime Group Members or a member of an organized crime group prescribed in item (vi) of that Article, or other circumstances, to be likely to cause a loss of confidence in the financial instruments business;
any other person that falls under the criteria specified by Cabinet Office Order as a person that does not have a sufficient personnel structure to perform financial instruments business in an appropriate manner.
第二十九条の四第一項第一号ヘ(登録の拒否)
金融商品取引業を適確に遂行するための必要な体制が整備されていると認められない者
a person that is found not to have in place the necessary system for performing financial instruments business in an appropriate manner;
if the person is a corporation, a person that is found not to have secured, for each of the services related to the financial instruments business subject to the application for registration, an officer (including a person that is found to have at least the same amount of authority over the corporation as a director, an executive officer or an equivalent person, irrespective of whether the person is called a counselor, an advisor or any other title; hereinafter the same applies in this item and, the following item, item (viii), (c), Article 33-5, paragraph (1), item (iii), (a), Article 52, paragraph (2), Article 52-2, paragraph (2), Article 57-20, paragraph (1), item (i) and paragraph (3), Article 63, paragraph (7), item (i), (c), Article 63-9, paragraph (6), item (ii), (g), Article 66-53, item (v), (a), Article 66-63, paragraph (2), Article 66-74, item (vii), (a) and (c), Article 66-85, paragraph (2), Article 66-94, paragraph (5), item (iii), (a) and (d), and Article 66-8566-103, paragraph (2)) or an employee who has the sufficient knowledge and experience necessary for the execution of the relevant services; provided, however, that if an applicant for registration entrusts investment management-related services to an investment management-related services contractor (limited to a person that has obtained the registration under Article 66-71 or the registration of a change under Article 66-75, paragraph (4) in order to conduct those investment management-related services), it is to be sufficient, with regard to those investment management-related services, to have secured an officer or employee who has the ability to appropriately supervise those services.
第二十九条の四第一項第二号(登録の拒否)
法人である場合においては、役員又は政令で定める使用人のうちに次のいずれかに該当する者のある者
if the person is a corporation, a person that has an officer, or an employee specified by Cabinet Order, who falls under any of the following:
第二十九条の四第一項第二号イ(登録の拒否)
心身の故障により金融商品取引業に係る業務を適正に行うことができない者として内閣府令で定める者
a person specified by Cabinet Office Order as being unable to properly perform business related to financial instruments business due to a mental or physical disorder;
第二十九条の四第一項第二号ロ(登録の拒否)
破産手続開始の決定を受けて復権を得ない者又は外国の法令上これと同様に取り扱われている者
a person that has become subject to an order to commence bankruptcy proceedings and has not obtained a restoration of rights, or a person that is treated in the same manner under foreign laws and regulations;
a person that has been sentenced to imprisonment or a heavier punishment (including an equivalent sentence under foreign laws and regulations), and five years have not passed since the day on which that person finished serving the sentence or ceased to be subject to its enforcement;
a person that, during the 30 days prior to the date of rescission or order, was the officer of a corporation, in a case in which the corporation was a financial instruments business operator but has had the registration referred to in Article 29 rescinded pursuant to the provisions of Article 52, paragraph (1), Article 53, paragraph (3), or Article 57-6, paragraph (3); in a case in which the corporation was an authorized firm for on-exchange transactions but has had the permission referred to in Article 60, paragraph (1) rescinded pursuant to the provisions of Article 60-8, paragraph (1); in a case in which a corporation that was a business operator authorized to conduct electronic over-the-counter derivatives transactions, etc. has had its permission under Article 60-14, paragraph (1) rescinded under the provisions of Article 60-8, paragraph (1) as applied mutatis mutandis pursuant to Article 60-14, paragraph (2); in a case in which the corporation was a notifier of specially permitted services but has been ordered to discontinue specially permitted services for qualified institutional investors, etc. pursuant to the provisions of Article 63-5, paragraph (3); in a case in which the corporation had given a notification under Article 63-3, paragraph (1) but has been ordered to discontinue specially permitted services for qualified institutional investors, etc. pursuant to the provisions of Article 63-5, paragraph (3) as applied mutatis mutandis pursuant to Article 63-3, paragraph (2); in a case in which the corporation was a notifier of specially permitted services for foreign investors, etc. but has been ordered as to discontinuation of specially permitted services for foreign investors, etc. pursuant to the provisions of Article 63-13, paragraph (3); in a case in which the corporation had made a notification under Article 63-11, paragraph (1) but has been ordered as to discontinuation of specially permitted services for foreign investors, etc. pursuant to the provisions of Article 63-13, paragraph (3) as applied mutatis mutandis pursuant to Article 63-11, paragraph (2); in a case in which the corporation was a financial instruments intermediary service provider but has had the registration referred to in Article 66 rescinded pursuant to the provisions of Article 66-20, paragraph (1); in a case in which the corporation was a credit rating agency but has had the registration referred to in Article 66-27 rescinded pursuant to the provisions of Article 66-42, paragraph (1); in a case in which the corporation was a high-speed trader but has had the registration referred to in Article 66-50 rescinded pursuant to the provisions of Article 66-63, paragraph (1); in a case in which the corporation was an investment management-related services contractor but has had the registration referred to in Article 66-71 rescinded pursuant to the provisions of Article 66-85, paragraph (1); in a case in which the corporation was a cryptoasset management-related service provider but has been ordered to discontinue cryptoasset management-related services pursuant to the provisions of Article 66-103, paragraph (1); or in a case in which the corporation was a financial service intermediary but has had the registration referred to in Article 12 of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto (limited to the registration related to the type of securities, etc. intermediary business operations) rescinded pursuant to the provisions of Article 38, paragraph (1) (excluding items (ii), (iii), and (v)) of that Act; or in a case in which the corporation had obtained a registration or permission of the same kind in a foreign country pursuant to the provisions of a foreign law or regulation that is equivalent to this Act or the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto (including authorization or any other administrative disposition similar to that registration or permission; hereinafter the same applies in (d)), but has had that registration or permission of the same kind rescinded; or in a case in which the corporation had performed services of the same type as specially permitted services for qualified institutional investors, etc. or, specially permitted services for foreign investors, etc., or cryptoasset management-related services but has been ordered to discontinue those services; for whom five years have not passed since the date of the rescission or order;
an individual that was a financial instruments business operator but that has had the registration referred to in Article 29 rescinded pursuant to the provisions of Article 52, paragraph (1); an individual that was a notifier of specially permitted services but that has been ordered to discontinue specially permitted services for qualified institutional investors, etc. pursuant to the provisions of Article 63-5, paragraph (3); an individual that has given a notification under Article 63-3, paragraph (1) but that has been ordered to discontinue specially permitted services for qualified institutional investors, etc. pursuant to the provisions of Article 63-5, paragraph (3) as applied mutatis mutandis pursuant to Article 63-3, paragraph (2); an individual that was a notifier of specially permitted services for foreign investors, etc. but that has been ordered to discontinue specially permitted services for foreign investors, etc. pursuant to the provisions of Article 63-13, paragraph (3); an individual that has given a notification under Article 63-11, paragraph (1) but that has been ordered to discontinue specially permitted services for foreign investors, etc. pursuant to the provisions of Article 63-13, paragraph (3) as applied mutatis mutandis pursuant to Article 63-11, paragraph (2); an individual that was a financial instruments intermediary service provider but that has had the registration referred to in Article 66 rescinded pursuant to the provisions of Article 66-20, paragraph (1); an individual that was a high-speed trader but that has had the registration referred to in Article 66-50 rescinded pursuant to the provisions of Article 66-63, paragraph (1); an individual that was an investment management-related services contractor but that has had the registration referred to in Article 66-71 rescinded pursuant to the provisions of Article 66-85, paragraph (1); an individual that was a cryptoasset management-related service provider but that has been ordered to discontinue cryptoasset management-related services pursuant to the provisions of Article 66-103, paragraph (1); or an individual that was a financial service intermediary but that has had the registration referred to in Article 12 of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto (limited to the registration related to the type of securities, etc. intermediary business operations) rescinded pursuant to the provisions of Article 38, paragraph (1) (excluding items (ii), (iii), and (v)) of that Act; or an individual that had obtained a registration of the same kind in a foreign country pursuant to the provisions of a foreign law or regulation that is equivalent to this Act or the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto (including permission or any other administrative disposition similar to such a registration; hereinafter the same applies in (e)) or that had obtained permission of the same kind as the permission referred to in Article 60, paragraph (1) or Article 60-14, paragraph (1) in a foreign country pursuant to the provisions of a foreign law or regulation that is equivalent to this Act (including permission or any other administrative disposition that is similar to that permission); hereinafter the same applies in (e)), but that has had that registration or permission of the same kind rescinded; or an individual that had performed services of the same type as specially permitted services for qualified institutional investors, etc. or, specially permitted services for foreign investors, etc., or cryptoasset management-related services but that has been ordered to discontinue those services; for whom five years have not passed since the date of the rescission or order;
a person that was an officer of a corporation that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of rescission of the registration under Article 29 pursuant to Article 52, paragraph (1), Article 53, paragraph (3) or Article 57-6, paragraph (3) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 50-2, paragraph (1) to the effect that it falls under any of items (ii) through (vii) of that paragraph (in the case of a notification to the effect that it falls under any of items (iii) through (v) of that paragraph, the corporation that was the financial instruments business operator concerned in the notification; excluding a corporation that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of the corporation that is responsible for making decisions on the execution of its operations) to discontinue financial instruments business, to merge (limited to a merger in which a financial instruments business operator is extinguished by the merger), to dissolve, to have all of the business related to financial instruments business succeeded to by another through a company split, or to transfer all of the business related to financial instruments business), and for whom five years have not passed since the date of the notification;
if, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of rescission of the permission under Article 60, paragraph (1) pursuant to Article 60-8, paragraph (1) to the day on which the disposition is made or the decision not to make the disposition is made, a notification has been filed under Article 60-7 to the effect that a case prescribed in that Article applies, a person that was an officer of the authorized firm for on-exchange transactions concerned in the notification (excluding an authorized firm for on-exchange transactions that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of that authorized firm that is responsible for making decisions on the execution of its operations) to dissolve or to discontinue on-exchange transaction services), and for whom five years have not passed since the date of the notification;
if, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of rescission of the permission under Article 60-14, paragraph (1) pursuant to Article 60-8, paragraph (1) as applied mutatis mutandis pursuant to Article 60-14, paragraph (2) to the day on which the disposition is made or the decision not to make the disposition is made, a notification has been filed under Article 60-7 as applied mutatis mutandis pursuant to Article 60-14, paragraph (2) to the effect that a case prescribed in that Article applies, a person that was an officer of the business operator authorized to conduct electronic over-the-counter derivatives transactions, etc. concerned in the notification (excluding a business operator that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of that business operator that is responsible for making decisions on the execution of its operations) to dissolve or to discontinue business of conducting electronic over-the-counter derivatives transactions, etc.), and for whom five years have not passed since the date of the notification;
a person that was an officer of a corporation that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of discontinuation of specially permitted services for qualified institutional investors, etc. under Article 63-5, paragraph (3) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 63-2, paragraph (2) to the effect that it succeeded to the position of a notifier of specially permitted services pursuant to paragraph (1) of that Article, a notification under paragraph (3) of that Article to the effect that it falls under item (ii) of that paragraph, or a notification under paragraph (4) of that Article to the effect that the case prescribed in that paragraph applies (in the case of a notification under Article 63-2, paragraph (2) to the effect that it succeeded to the position of a notifier of specially permitted services pursuant to paragraph (1) of that Article or a notification under paragraph (4) of that Article to the effect that the case prescribed in that paragraph applies, the corporation that was the notifier of specially permitted services concerned in those notifications; excluding a corporation that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of the corporation that is responsible for making decisions on the execution of its operations) to transfer all of the business related to specially permitted services for qualified institutional investors, etc., to merge (limited to a merger in which a notifier of specially permitted services is extinguished by the merger), to have all of the business related to specially permitted services for qualified institutional investors, etc. succeeded to by another through a company split, to discontinue specially permitted services for qualified institutional investors, etc., or to dissolve), and for whom five years have not passed since the date of the notification;
a person that was an officer of a corporation that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of discontinuation of specially permitted services for qualified institutional investors, etc. under Article 63-5, paragraph (3) as applied mutatis mutandis pursuant to Article 63-3, paragraph (2) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 50-2, paragraph (1) to the effect that it falls under any of items (iii) through (vii) of that paragraph, or a notification under Article 63-2, paragraph (3) as applied mutatis mutandis pursuant to Article 63-3, paragraph (2) to the effect that it falls under item (ii) of that paragraph (in the case of a notification under Article 50-2, paragraph (1) to the effect that it falls under any of items (iii) through (v) of that paragraph, the corporation that was the person that filed the notification under Article 63-3, paragraph (1) concerned in that notification; excluding a corporation that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of the corporation that is responsible for making decisions on the execution of its operations) to merge (limited to a merger in which a person that filed a notification under that paragraph is extinguished by the merger), to dissolve, to have all of the business related to specially permitted services for qualified institutional investors, etc. succeeded to by another through a company split, to transfer all of the business related to specially permitted services for qualified institutional investors, etc., or to discontinue specially permitted services for qualified institutional investors, etc.), and for whom five years have not passed since the date of the notification;
a person that was an officer of a corporation that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of discontinuation of specially permitted services for foreign investors, etc. under Article 63-13, paragraph (3) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 63-10, paragraph (2) to the effect that it succeeded to the position of a notifier of specially permitted services for foreign investors, etc. pursuant to paragraph (1) of that Article, a notification under paragraph (3) of that Article to the effect that it falls under item (ii) of that paragraph, or a notification under paragraph (4) of that Article to the effect that the case prescribed in that paragraph applies (in the case of a notification under Article 63-10, paragraph (2) to the effect that it succeeded to the position of a notifier of specially permitted services for foreign investors, etc. pursuant to paragraph (1) of that Article or a notification under paragraph (4) of that Article to the effect that the case prescribed in that paragraph applies, the corporation that was the notifier of specially permitted services for foreign investors, etc. concerned in those notifications; excluding a corporation that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of the corporation that is responsible for making decisions on the execution of its operations) to transfer all of the business related to specially permitted services for foreign investors, etc., to merge (limited to a merger in which a notifier of specially permitted services for foreign investors, etc. is extinguished by the merger), to have all of the business related to specially permitted services for foreign investors, etc. succeeded to by another through a company split, to discontinue specially permitted services for foreign investors, etc., or to dissolve), and for whom five years have not passed since the date of the notification;
a person that was an officer of a corporation that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of discontinuation of specially permitted services for foreign investors, etc. under Article 63-13, paragraph (3) as applied mutatis mutandis pursuant to Article 63-11, paragraph (2) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 50-2, paragraph (1) to the effect that it falls under any of items (iii) through (vii) of that paragraph, or a notification under Article 63-10, paragraph (3) as applied mutatis mutandis pursuant to Article 63-11, paragraph (2) to the effect that it falls under item (ii) of that paragraph (in the case of a notification under Article 50-2, paragraph (1) to the effect that it falls under any of items (iii) through (v) of that paragraph, the corporation that was the person that filed the notification under Article 63-11, paragraph (1) concerned in that notification; excluding a corporation that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of the corporation that is responsible for making decisions on the execution of its operations) to merge (limited to a merger in which a person that filed a notification under that paragraph is extinguished by the merger), to dissolve, to have all of the business related to specially permitted services for foreign investors, etc. succeeded to by another through a company split, to transfer all of the business related to specially permitted services for foreign investors, etc., or to discontinue specially permitted services for foreign investors, etc.), and for whom five years have not passed since the date of the notification;
a person that was an officer of a corporation that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of rescission of the registration under Article 66 pursuant to Article 66-20, paragraph (1) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 66-19, paragraph (1) to the effect that it falls under item (i) or any of items (iii) through (v) of that paragraph (in the case of a notification to the effect that it falls under any of items (iii) through (v) of that paragraph, the corporation that was the financial instruments intermediary service provider concerned in the notification; excluding a corporation that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of the corporation that is responsible for making decisions on the execution of its operations) to discontinue financial instruments intermediary service, to have all of the business related to financial instruments intermediary service succeeded to by another through a company split, to transfer all of the business related to financial instruments intermediary service, to merge (limited to a merger in which a financial instruments intermediary service provider is extinguished by the merger), or to dissolve), and for whom five years have not passed since the date of the notification;
a person that was an officer of a corporation that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of rescission of the registration under Article 66-27 pursuant to Article 66-42, paragraph (1) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 66-40, paragraph (1) to the effect that it falls under any of the items of that paragraph (in the case of a notification to the effect that it falls under any of items (ii) through (iv) of that paragraph, the corporation that was the credit rating agency concerned in the notification; excluding a corporation that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of the corporation that is responsible for making decisions on the execution of its operations) to discontinue credit rating services, to have all of the business related to credit rating services succeeded to by another through a company split, to transfer all of the business related to credit rating services, to merge (limited to a merger in which a credit rating agency is extinguished by the merger), or to dissolve), and for whom five years have not passed since the date of the notification;
a person that was an officer of a corporation that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of rescission of the registration under Article 66-50 pursuant to Article 66-63, paragraph (1) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 66-61, paragraph (1) to the effect that it falls under any of items (ii) through (vii) of that paragraph (in the case of a notification to the effect that it falls under any of items (iii) through (v) of that paragraph, the corporation that was the high-speed trader concerned in the notification; excluding a corporation that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of the corporation that is responsible for making decisions on the execution of its operations) to discontinue services related to high-speed trading, to merge (limited to a merger in which a high-speed trader is extinguished by the merger), to dissolve, to have all of the business related to those services succeeded to by another through a company split, or to transfer all of the business related to those services), and for whom five years have not passed since the date of the notification;
a person that was an officer of a corporation that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of rescission of the registration under Article 66-71 pursuant to Article 66-85, paragraph (1) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 66-83, paragraph (1) to the effect that it falls under any of items (ii) through (vii) of that paragraph (in the case of a notification to the effect that it falls under any of items (iii) through (v) of that paragraph, the corporation that was the investment management-related services contractor concerned in the notification; excluding a corporation that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of the corporation that is responsible for making decisions on the execution of its operations) to discontinue investment management-related services contracting business, to merge (limited to a merger in which an investment management-related services contractor is extinguished by the merger), to dissolve, to have all of the business related to investment management-related services contracting business succeeded to by another through a company split, or to transfer all of the business related to investment management-related services contracting business), and for whom five years have not passed since the date of the notification;
a person that was an officer of a corporation that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of rescission, under Article 38, paragraph (1) (excluding items (ii), (iii) and (v)) of the Act on the Provision of Financial Services and the Developmentdiscontinuation of the Accessible Environment Thereto, of the registrationcryptoasset management-related services under Article 12 of that Act (limited to the registration related to the type of securities, etc. intermediary business operations66-103, paragraph (1) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 16, paragraph (3) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto66-101 to the effect that it falls under item (iii) or any of items (vii) through (vii) of that paragraphArticle (in the case of a notification to the effect that it falls under any of items (viii) through (viiv) of that paragraphArticle, the corporation that was the financial cryptoasset management-related service intermediaryprovider concerned in the notification; excluding a corporation that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of the corporation that is responsible for making decisions on the execution of its operations) to discontinue financial service intermediary businesscryptoasset management-related services, to have all of the business related to financial service intermediary business succeeded to by another through a company splitmerge (limited to a merger in which a cryptoasset management-related service provider is extinguished by the merger), to dissolve, to transferhave all of the business related to financial service intermediary business,cryptoasset management-related services succeeded to merge (limited toby another through a merger in which a financial service intermediary is extinguished bycompany split, or to transfer all of the merger), orbusiness related to dissolvecryptoasset management-related services), and for whom five years have not passed since the date of the notification.;
a person that was an officer of a corporation that, during the period from the day on which notice under Article 15 of the Administrative Procedure Act was given regarding a disposition of rescission, under Article 38, paragraph (1) (excluding items (ii), (iii) and (v)) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto, of the registration under Article 12 of that Act (limited to the registration related to the type of securities, etc. intermediary business operations) to the day on which the disposition is made or the decision not to make the disposition is made, filed a notification under Article 16, paragraph (3) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto to the effect that it falls under item (iii) or any of items (v) through (vii) of that paragraph (in the case of a notification to the effect that it falls under any of items (v) through (vii) of that paragraph, the corporation that was the financial service intermediary concerned in the notification; excluding a corporation that, before the day on which the notice was given, had made a decision (meaning a decision by the organ of the corporation that is responsible for making decisions on the execution of its operations) to discontinue financial service intermediary business, to have all of the business related to financial service intermediary business succeeded to by another through a company split, to transfer all of the business related to financial service intermediary business, to merge (limited to a merger in which a financial service intermediary is extinguished by the merger), or to dissolve), and for whom five years have not passed since the date of the notification.
an officer whose dismissal or removal has been ordered pursuant to the provisions of Article 52, paragraph (2), Article 60-8, paragraph (2) (including as applied mutatis mutandis pursuant to Article 60-14, paragraph (2)), Article 66-20, paragraph (2), Article 66-42, paragraph (2), Article 66-63, paragraph (2), or Article 66-85, paragraph (2), or pursuant to Article 38, paragraph (3) (excluding item (ii)) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto, or an officer whose dismissal or removal has been ordered in a foreign country pursuant to the provisions of a foreign law or regulation that is equivalent to this Act or the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto, for whom five years have not passed since the day of the disposition; or
a person that has been sentenced to a fine (including an equivalent sentence under foreign laws and regulations) for violating the provisions of any of the laws prescribed in item (i), (c) or the Act on Prevention of Unjust Acts by Organized Crime Group Members (excluding the provisions of Article 32-3, paragraph (7) and Article 32-11, paragraph (1) of that Act), or for violating the provisions of a foreign law or regulation that is equivalent to any of these laws, or committing a crime referred to in the Penal Code (Act No. 45 of 1907) or the Act on Punishment of Physical Violence and Other Acts (Act No. 60 of 1926), and five years have not passed since the day on which the person finished serving the sentence or ceased to be subject to its enforcement;
第二十九条の四第一項第三号(登録の拒否)
個人である場合においては、次のいずれかに該当する者
if the person is an individual, a person that falls under any of the following persons:
a person that is found not to have the sufficient knowledge and experience necessary for the execution of each of the services related to the financial instruments business subject to the application for registration;
a person that falls under any of (a) through (h), or (i) (excluding the part that involves the provisions of the Acts prescribed in item (i), (c)) of the preceding item, or a person that has an employee specified by Cabinet Order that falls under any of (a) through (i) of the preceding item.
a person falling under any of the following and seeking to engage in type-I financial instruments business, type-II financial instruments business, or investment management business, or cryptoasset trading business:
a corporation whose stated capital or contributions in total are less than the amount of money that is specified by Cabinet Order as necessary and appropriate in the public interest or for the protection of investors;
第二十九条の四第一項第四号ロ(登録の拒否)
国内に営業所又は事務所を有しない法人
a corporation that does not have a business office or office in Japan;
a foreign corporation that has not designated a domestic representative (limited to one responsible for business at all business offices or offices that the foreign corporation operates in Japan so as to engage in type-I financial instruments business, type-II financial instruments business or, investment management business or cryptoasset trading business); or
a person that has not joined an association (meaning an authorized financial instruments firms association or certified financial instruments business association prescribed in Article 78, paragraph (2) and limited to one whose main association members or members are persons that conduct the business which the applicant for registration seeks to conduct; hereinafter the same applies in this item and Article 33-5, paragraph (1), item (iv)) and that has not prepared internal rules (meaning rules with which that person or its officers or employees should comply) that have contents equivalent to the articles of incorporation or other rules (limited to those for ensuring fair and smooth purchase and sales and other transactions of securities or cryptoassets or ensuring fair and smooth derivatives transactions, etc. as prescribed in Article 33, paragraph (3) or for protecting investors) of the association or that has not established a system for complying with the relevant internal rules;
a person falling under any of the following and seeking to engage in type-I financial instruments business or, investment management business, or cryptoasset trading business:
a person other than a stock company (limited to one that has a board of directors, company auditors, supervisory committee, or nominating committee, etc. (meaning the nominating committee, etc. as defined in Article 2, item (xii) of the Companies Act; the same applies hereinafter)) or a corporation of the same kind as a company with a board of directors incorporated in compliance with foreign laws and regulations (if a person seeks to engage in type-I financial instruments business or cryptoasset trading business, limited to a person that engages in the same kind of business as that type-I financial instruments business or cryptoasset trading business in a foreign country in compliance with foreign laws and regulations (including a person specified by Cabinet Order as equivalent to such a person));
a person whose net assets (meaning the figure arrived at when the total amount of liabilities is deducted from the total amount of assets pursuant to the provisions of Cabinet Office Order) are less than the amount of money that is specified by Cabinet Order as necessary and appropriate in the public interest or for the protection of investors;
a person engaged in other businesscorporation (excluding a foreign corporation) that does not fall has a person falling under any of the categories of business prescribed in Article 35, paragraph (1) or business set forth in the itemsfollowing as an individual major shareholder (if the applicant is a subsidiary company of Article 35, paragraph (2), and that is found to compromise investor protection due to difficulties in managinga holding company, this includes a major shareholder of the relevant holding company; the risk of losssame applies in connection with the relevant business;(d) and (e)):
a person specified by Cabinet Office Order as being unable to properly exercise the rights of a shareholder due to a mental or physical disorder (if the person has a proxy for exercising the rights of a shareholder due to a mental or physical disorder, limited to a person whose proxy is a person specified by that Cabinet Office Order or a person falling under any of (b) through (i) of item (ii) (in the case of seeking to engage in cryptoasset trading business, a person specified by that Cabinet Office Order or a person falling under any of (b) through (i) of that item or item (viii), (c)(1) through (3)));
a person falling under any of (b) through (i) of item (ii) (in the case of seeking to engage in cryptoasset trading business, any of (b) through (i) of that item or item (viii), (c)(1) through (3));
a corporation (excluding a foreign corporation) that has a person falling under any of the following as an individual major shareholder (if the applicant is a subsidiary company of a holding company, this includes aa corporate major shareholder of the relevant holding company; the same applies in (e) and (f)):: or
a person specified by Cabinet Office Order as being unable to properly exercise the rights of a shareholder due to a mentalfalling under (a) or physical disorder (if the person has a proxy for exercising(b) of item (i) (in the rightscase of a shareholder dueseeking to a mental or physical disorder, limited to a person whose proxy is a person specified byengage in cryptoasset trading business, (a) or (b) of that Cabinet Office Orderitem or a person falling under any of (b) through (i(a) or (b) of item (iiviii));
a person falling under any who has violated the provisions of (b) through the Acts prescribed in item (i), (c) or the provisions of item (ii).foreign laws and regulations equivalent thereto and been sentenced to a fine (including a sentence under foreign laws and regulations equivalent thereto), and for whom five years have not passed since the day on which the execution of the sentence ended or the person ceased to be subject to execution of the sentence;
第二十九条の四第一項第五号ニ(3)(登録の拒否)新設
法人を代表する役員のうちに次のいずれかに該当する者のある者
a person that has, among the officers representing the corporation, a person falling under any of the following:
第二十九条の四第一項第五号ニ(3)(イ)(登録の拒否)新設
心身の故障により株主の権利を適切に行使することができない者として内閣府令で定める者
a person specified by Cabinet Office Order as being unable to properly exercise the rights of a shareholder due to a mental or physical disorder;
a person falling under any of (b) through (i) of item (ii) (in the case of seeking to engage in cryptoasset trading business, any of (b) through (i) of that item or item (viii), (c)(1) through (3));
a foreign corporation (excluding afor which the foreign regulatory authority (meaning the foreign corporation) regulatory authority for financial instruments defined in Article 189, paragraph (1) or any other regulatory authority specified by Cabinet Order that enforces foreign laws and regulations) has not confirmed that a person falling under any of equivalent to a major shareholder is unlikely to compromise the following as a corporate major shareholder: orsound and appropriate operation of financial instruments business;
a person who has violated the provisions of the Acts prescribed in item (i), (c) or the provisions of foreign laws and regulations equivalent thereto and been sentenced to a fine (including a sentence under foreign laws and regulations equivalent thereto), and for whom five years have not passed since the day on which the execution of the sentence ended or the person ceased to be subject to execution of the sentence;
第二十九条の四第一項第五号ホ(3)(登録の拒否)削除
法人を代表する役員のうちに次のいずれかに該当する者のある者
a person that has, among the officers representing the corporation, a person falling under any of the following:
第二十九条の四第一項第五号ホ(3)(イ)(登録の拒否)削除
心身の故障により株主の権利を適切に行使することができない者として内閣府令で定める者
a person specified by Cabinet Office Order as being unable to properly exercise the rights of a shareholder due to a mental or physical disorder;
第二十九条の四第一項第五号ホ(3)(ロ)(登録の拒否)削除
第二号ロからリまでのいずれかに該当する者
a person falling under any of (b) through (i) of item (ii).
a foreign corporation for which the foreign regulatory authority (meaning the foreign regulatory authority for financial instruments defined in Article 189, paragraph (1) or any other regulatory authority specified by Cabinet Order that enforces foreign laws and regulations) has not confirmed that a person equivalent to a major shareholder is unlikely to compromise the sound and appropriate operation of financial instruments business;
a person engaged in other business that does not fall under any of the categories of business prescribed in Article 35, paragraph (1) or business set forth in the items of Article 35, paragraph (2), and that is found to compromise investor protection due to difficulties in managing the risk of loss in connection with the relevant business, if seeking to engage in type-I financial instruments business or investment management business;
第二十九条の四第一項第六号(登録の拒否)改正
第一種金融商品取引業又は暗号資産取引業を行おうとする場合にあつては、次のいずれかに該当する者
a person falling under any of the following if seeking to engage in type-I financial instruments business or cryptoasset trading business:
第二十九条の四第一項第六号イ(登録の拒否)
第四十六条の六第一項の規定に準じて算出した比率が百二十パーセントを下回る者
a person whose ratio calculated based on the provisions of Article 46-6, paragraph (1) is less than 120 percent; or
a person seeking to use a trade name that another financial instruments business operator (limited to those engaged in type-I financial instruments business or cryptoasset trading business; the same applies in (b)) is already using or a trade name that could give rise to the misconception that it is another financial instruments business operator;
a person falling under Article 66-53, item (vi), (b) or (c) or item (vii) if seeking to engage in high-speed trading as type-II financial instruments business (excluding the case of engaging in or seeking to engage in type-I financial instruments business or, investment management business). or cryptoasset trading business);
第二十九条の四第一項第八号(登録の拒否)新設
暗号資産取引業を行おうとする場合にあつては、次のいずれかに該当する者
a person falling under any of the following if seeking to engage in cryptoasset trading business:
a person whose registration under Article 62-3 of the Payment Services Act has been rescinded pursuant to Article 62-22, paragraph (1) or (2) of that Act, or whose registration under Article 63-2 of that Act has been rescinded pursuant to Article 63-20, paragraph (1) or (2) of that Act, and for whom five years have not passed since the date of the rescission, or a person whose registration of the same kind (including a permission or any other administrative disposition similar to that registration) obtained in a foreign country pursuant to the provisions of a foreign law or regulation equivalent to that Act has been rescinded, and for whom five years have not passed since the date of the rescission;
a person that has been ordered to discontinue electronic payment instruments services (meaning the electronic payment instruments services prescribed in Article 2, paragraph (10) of the Payment Services Act; the same applies hereinafter) pursuant to Article 62-22, paragraph (1) of the Payment Services Act as applied with terms replaced pursuant to Article 62-8, paragraph (2) of that Act, and for whom five years have not passed since the date of the order, or a person that has been ordered to discontinue services of the same kind as electronic payment instruments services pursuant to the provisions of a foreign law or regulation equivalent to the Payment Services Act or the Banking Act, etc. (meaning the Banking Act, etc. prescribed in Article 2, paragraph (30) of the Payment Services Act; the same applies in (c)(2)), and for whom five years have not passed since the date of the order;
第二十九条の四第一項第八号ハ(登録の拒否)新設
役員又は政令で定める使用人のうちに次のいずれかに該当する者のある者
a person that has, among its officers or employees specified by Cabinet Order, a person falling under any of the following:
a person that, during the 30 days prior to the date of rescission, was the officer of a corporation, in a case in which a corporation that was an electronic payment instruments service provider (meaning the electronic payment instruments service provider prescribed in Article 2, paragraph (12) of the Payment Services Act) has had the registration referred to in Article 62-3 of that Act rescinded pursuant to the provisions of Article 62-22, paragraph (1) or (2) of that Act; in a case in which a corporation that was an electronic payment instruments intermediary service provider (meaning the electronic payment instruments intermediary service provider prescribed in Article 2, paragraph (15) of that Act; the same applies in (3)) has had the registration referred to in Article 63-2 of that Act rescinded pursuant to the provisions of Article 63-20, paragraph (1) or (2) of that Act; or in a case in which a corporation that had obtained a registration of the same kind (including a permission or any other administrative disposition similar to that registration; the same applies in (1)) in a foreign country pursuant to the provisions of a foreign law or regulation equivalent to that Act has had that registration of the same kind rescinded, and for whom five years have not passed since the date of the rescission;
a person that, during the 30 days prior to the date of the order, was the officer of a corporation, in a case in which a corporation that was an issuer prescribed in Article 62-8, paragraph (1) of the Payment Services Act that conducts electronic payment instruments services pursuant to that paragraph has been ordered to discontinue electronic payment instruments services pursuant to the provisions of Article 62-22, paragraph (1) of that Act as applied with terms replaced pursuant to Article 62-8, paragraph (2) of that Act; or in a case in which a corporation that had conducted services of the same kind as electronic payment instruments services pursuant to the provisions of a foreign law or regulation equivalent to that Act or the Banking Act, etc. has been ordered to discontinue those services, and for whom five years have not passed since the date of the order;
in a case in which an individual that was an electronic payment instruments intermediary service provider has had the registration referred to in Article 63-2 of the Payment Services Act rescinded pursuant to the provisions of Article 63-20, paragraph (1) or (2) of that Act, or in a case in which an individual that had obtained a registration of the same kind (including a permission or any other administrative disposition similar to that registration; the same applies in (3)) in a foreign country pursuant to the provisions of a foreign law or regulation equivalent to that Act has had that registration of the same kind rescinded, a person for whom five years have not passed since the date of the rescission;
if seeking to engage in cryptoasset, etc. management, a person that, in addition to those set forth in item (iv), (a), item (v), (b) and item (vi), (a), does not have a financial basis that conforms to the standards specified by Cabinet Office Order as found necessary for performing cryptoasset, etc. management properly and reliably.
The term "major shareholder" as used in item (v), (dc) through (fe) of the preceding paragraph means a person that holds voting rights (including voting rights pertaining to shares or equity interests that cannot be asserted against the issuer pursuant to Article 147, paragraph (1) or Article 148, paragraph (1) of the Act on Book-Entry Transfer of Corporate Bonds and Shares (including as applied mutatis mutandis pursuant to Article 228, paragraph (1), Article 235, paragraph (1), Article 239, paragraph (1), and Article 276, item (ii) of that Act), and excluding the voting rights that are specified by Cabinet Office Order in consideration of the manner in which they are held and other circumstances; hereinafter referred to as "subject voting rights" in paragraph (5) and Article 32, paragraphs (1) and (4)) constituting 20 percent or more (or 15 percent or more, if a fact has occurred that is specified by Cabinet Office Order as a thing that is presumed to have a material influence on decisions about the company's financial and operational policies) of voting rights held by all of the shareholders, etc. of a company.
The term "holding company" as used in paragraph (1), item (v), (dc) means a company for which the ratio of the total amount of the acquisition value (or any other value if it is so listed in the latest balance sheet) of shares or equity in subsidiary companies (limited to domestic companies) to the amount calculated by deducting the amount of assets specified by Cabinet Office Order (meaning the amount calculated pursuant to the provisions of Cabinet Office Order) from the total asset value (meaning the total monetary value of assets calculated by a method specified by Cabinet Office Order) exceeds 50 percent.
The term "subsidiary company" as used in paragraph (1), item (v), (dc) and the preceding paragraph means a second company in which a first company holds the majority of the voting rights held by all the shareholders, etc. In such a case, a second company in which a first company and one or more of its subsidiary companies hold the majority of the voting rights held by all the shareholders, etc., or in which one or more of a first company's subsidiary companies hold the majority of the voting rights held by all the shareholders, etc., is deemed to be the subsidiary company of the relevant first company.
With regard to the application of the provisions of paragraph (2) in a case set forth in any of the following items, the person set forth in the relevant item is deemed to hold the subject voting rights prescribed in that item:
if a person has the authority to exercise the company's subject voting rights or the authority to give instructions on the exercise of the relevant voting rights based on a money trust contract or other contract or based on the provisions of the law:the relevant subject voting rights; and
if a person that is related to the relevant person through a shareholding relationship, familial relationship, or other special relationship specified by Cabinet Order, holds subject voting rights in a corporation:the subject voting rights held by the person with the special relationship to the relevant person.
第二十九条の四第六項(登録の拒否)
第二項及び前項の規定の適用に関し必要な事項は、政令で定める。
The necessary particulars relevant to the application of the provisions of paragraph (2) and the preceding paragraph are specified by Cabinet Order.