If, after the completion of trial procedures, the Prime Minister finds a fact set forth in any of the items of Article 178, paragraph (1) to have occurred, unless otherwise provided for in this Article, the Prime Minister must issue a decision against the respondent, ordering the respondent to pay the administrative monetary penalty under the provisions of Article 172, paragraph (1), paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (4) of that Article), or paragraph (3) of that Article; Article 172-2, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (4) of that Article), paragraph (2) of that Article (including as applied mutatis mutandis pursuant to paragraph (5) of that Article), or paragraph (6) of that Article; Article 172-3, paragraph (1) or (2); Article 172-4, paragraph (1) or paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article); Article 172-4-2, paragraph (1); Article 172-5; Article 172-6, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (2) of that Article); Articles 172-7 through 172-9; Article 172-10, paragraph (1) or (2); Article 172-11, paragraph (1); Article 172-12, paragraph (1); Article 172-13; Article 172-14, paragraph (1) or (2); Article 172-15, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (2) of that Article); Article 172-16, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (2) of that Article) or paragraph (3) of that Article (including as applied mutatis mutandis pursuant to paragraph (4) of that Article); Article 172-17, paragraphs (1) through (3); Article 172-18, paragraphs (1) through (3); Article 172-19, paragraph (1) (including as applied mutatis mutandis pursuant to paragraphs (3) and (5) of that Article) or paragraph (2) of that Article (including as applied mutatis mutandis pursuant to paragraphs (4) and (6) of that Article); Article 173, paragraph (1); Article 174, paragraph (1); Article 174-2, paragraph (1); Article 174-2-2, paragraph (1); Article 174-3, paragraph (1); Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (910) of that Article) or paragraph (2) of that Article; Article 175-2, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (14) of that Article) or paragraph (2) of that Article 175-2(including as applied mutatis mutandis pursuant to paragraph (15) of that Article); Article 175-3, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (12) of that Article), paragraph (2) of that Article (including as applied mutatis mutandis pursuant to paragraph (13) of that Article), or paragraph (3) of that Article; Article 175-4, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (19) of that Article), paragraph (2) of that Article (including as applied mutatis mutandis pursuant to paragraph (1420) of that Article), or paragraph (3) of that Article (including as applied mutatis mutandis pursuant to paragraph (21) of that Article); or Article 175-5 to the national treasury.
If the Prime Minister is required to issue the decision referred to the preceding paragraph in connection with a fact that falls under Article 172, paragraph (1) and a fact that falls under Article 172, paragraph (2) for the same public offering or secondary distribution (limited to a decision under Article 178, paragraph (1), item (i)), in lieu of the amount under Article 172, paragraph (1) or (2), the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when the amount calculated pursuant to paragraph (1) of that Article is proportionally divided in parallel with the amounts calculated pursuant to paragraph (1) and paragraph (2) of that Article in respect of each fact subject to a decision.
Once the Prime Minister has issued a decision with regard to a public offering or secondary distribution that falls under both Article 172, paragraph (1) and paragraph (2) pursuant to the provisions of paragraph (1) (but only if the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (i) to have occurred; hereinafter the same applies in this paragraph), the preceding paragraph, or paragraph (1725) (but only if the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (i) to have occurred), the Prime Minister may not issue a new decision with regard to such a public offering or secondary distribution pursuant to the preceding two paragraphs.
If the Prime Minister is required to issue the decision referred to in paragraph (1) (limited to a decision under Article 178, paragraph (1), item (iii)) in connection with the submission of ongoing disclosure documents (meaning an annual securities report or a semiannual securities report; the same applies in the following paragraph) covering the same business year subject to disclosure, for each of the fact that falls under Article 172-3, paragraph (1) and the fact that falls under paragraph (2) of that Article, in lieu of the amount set forth in Article 172-3, paragraph (1) or the amount set forth in Article 172-3, paragraph (2), the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when the amount calculated pursuant to paragraph (1) of that Article is proportionally divided in parallel with the amount calculated for each decision (meaning the amount calculated pursuant to Article 172-3, paragraph (1) or (2) in respect of the fact subject to each decision).
If the Prime Minister is required to issue the decision referred to in paragraph (1) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iii) to have occurred; hereinafter the same applies in this paragraph), and is required to issue a decision (hereinafter referred to as a "new decision" in this paragraph) in connection with an ongoing disclosure document for the same business year subject to disclosure as the ongoing disclosure document in connection with which a decision (hereinafter referred to as a "prior decision" in this paragraph) has already been made pursuant to paragraph (1) or paragraph (1725) (but only if the Prime Minister found the fact set forth in Article 178, paragraph (1), item (iii) to have occurred; hereinafter the same applies in this paragraph), in lieu of the amount set forth in Article 172-3, paragraph (1) or the amount set forth in Article 172-3, paragraph (2), the Prime Minister must issue an order in respect of the new decision for the relevant person to pay an administrative monetary penalty to the national treasury in an amount equal to the amount arrived at when the amount specified in item (ii) is deducted from the amount specified in item (i); provided, however, that unless the amount specified in item (i) exceeds the amount specified in item (ii), the Prime Minister may not issue an administrative monetary penalty payment order under Article 172-3, paragraph (1) or (2):
第百八十五条の七第五項第一号(課徴金の納付命令の決定等)
第百七十二条の三第一項の規定により算出した額
the amount calculated pursuant to Article 172-3, paragraph (1);
第百八十五条の七第五項第二号(課徴金の納付命令の決定等)改正
当該既決定に係る第百七十二条の三第一項若しくは第二項の規定又は第十七二十五項の規定による課徴金の額
the amount of the administrative monetary penalty under the provisions of Article 172-3, paragraph (1) or (2) or paragraph (1725) of this Article related to that prior decision.
If the Prime Minister is required to issue the decision referred to in paragraph (1) (limited to a decision under Article 178, paragraph (1), item (iv)) in connection with two or more ongoing disclosure documents, etc. covering the same business year subject to disclosure (meaning an annual securities report, etc. or a semiannual securities or extraordinary report, etc., but excluding an amended report to amend a false statement contained in any of those documents or to correct a deficiency in respect of a material particular that is required to be stated as prescribed in Article 7, paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-2, paragraph (1) and Article 24-5, paragraph (5) (these provisions including as applied mutatis mutandis pursuant to Article 27); the same applies in the following paragraph), and the sum total of the amounts calculated pursuant to Article 172-4, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article) in respect of each fact subject to a decision (hereinafter referred to as the "amount calculated for each decision" in this paragraph, the following paragraph, and paragraph (1826) (but only if the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (iv) to have occurred)) exceeds the higher of the amounts set forth in the following items, in lieu of the amount provided for in Article 172-4, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article), the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when the higher of those amounts is proportionally divided in parallel with the amount calculated for each decision, pursuant to the provisions of Cabinet Office Order:
the highest of the amounts calculated pursuant to Article 172-4, paragraph (1) for the fact that has occurred in respect of the decision, for each annual securities report, etc.;
the highest of the amounts arrived at when the amount calculated pursuant to Article 172-4, paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article) for the fact that has occurred in respect of the decision is multiplied by two, for each semiannual securities or extraordinary report, etc.
If the Prime Minister is required to issue the decision referred to in paragraph (1) (but only if the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (iv) to have occurred; hereinafter the same applies in this paragraph) or the decision referred to in the preceding paragraph, and is required to issue one or more decisions (hereinafter each is referred to as a "new decision" in this paragraph) in connection with an ongoing disclosure document, etc. for the same business year subject to disclosure, as an ongoing disclosure document, etc. in connection with which the Prime Minister has already issued one or more decisions pursuant to paragraph (1), the preceding paragraph, this paragraph, paragraph (1622) (but only if the Prime Minister found the fact set forth in Article 178, paragraph (1), item (iv) to have occurred; hereinafter the same applies in this paragraph), paragraph (1725) (but only if the Prime Minister found the fact set forth in Article 178, paragraph (1), item (iv) to have occurred; hereinafter the same applies in this paragraph), or paragraph (1826) (but only if the Prime Minister found the fact set forth in Article 178, paragraph (1), item (iv) to have occurred; hereinafter the same applies in this paragraph) (each such a decision is hereinafter referred to as a "prior decision" in this paragraph), in lieu of the amount set forth in the provisions of Article 172-4, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article) or the provisions of the preceding paragraph, the Prime Minister must issue an order in respect of the new decisions, for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when the amount specified in item (ii) is deducted from the amount specified in item (i), and the difference is then proportionally divided in parallel with the amount calculated for each individual decision in respect of each fact subject to a new decision, pursuant to the provisions of Cabinet Office Order; provided, however, that unless the amount specified in item (i) exceeds the amount specified in item (ii), the Prime Minister may not issue an administrative monetary penalty payment order under the provisions of paragraph (1) or (2) of that Article (including as applied mutatis mutandis pursuant to paragraph (3) of that Article) or the provisions of the preceding paragraph:
the sum total of the amounts calculated for each decision, in respect of each fact subject to a prior decision and to a new decision (if this amount exceeds the higher of the amounts set forth in the following (a) or (b), this means the higher of those amounts):
the highest of the amounts calculated pursuant to Article 172-4, paragraph (1) in respect of each fact subject to a prior decision and to a new decision for each annual report, etc.; or
the highest of the amounts arrived at when the amounts calculated pursuant to Article 172-4, paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article) in respect of each fact subject to a prior decision and to a new decision for each semiannual securities or extraordinary report, etc., are multiplied by two;
the sum of the amount of administrative monetary penalty under the provisions of Article 172-4, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article), the preceding paragraph, this paragraph, and paragraphs (16) through (1822), (25) and (26), in connection with the prior decisions.
If the Prime Minister is required to issue the decision referred to in paragraph (1) (limited to a decision under Article 178, paragraph (1), item (iv)-2) in connection with two or more audit certifications of specified non-financial information stated in covered disclosure documents of a specified submitter for the same business year, in lieu of the amount set forth in Article 172-4-2, paragraph (1), the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when the highest of the amounts calculated pursuant to that paragraph in respect of the fact subject to each decision (hereinafter in this paragraph and the following paragraph referred to as the "amount calculated for each individual decision") is proportionally divided in parallel with the respective amounts calculated for each individual decision, pursuant to the provisions of Cabinet Office Order.
If the Prime Minister is required to issue the decision referred to in paragraph (1) (but only if the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (iv)-2 to have occurred; hereinafter the same applies in this paragraph) or the preceding paragraph, and is required to issue one or more decisions (hereinafter each is referred to as a "new decision" in this paragraph) in connection with the audit certification of specified non-financial information stated in the covered disclosure document of a specified submitter for the same business year as the audit certification of specified non-financial information stated in the covered disclosure document of that specified submitter in connection with which the Prime Minister has already issued one or more decisions (hereinafter each is referred to as a "prior decision" in this paragraph) pursuant to paragraph (1) or the preceding paragraph, in lieu of the amount set forth in the provisions of Article 172-4-2, paragraph (1) or the provisions of the preceding paragraph, the Prime Minister must issue an order in respect of the new decisions, for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when the amount specified in item (ii) is deducted from the amount specified in item (i), and the difference is then proportionally divided in parallel with the amount calculated for each individual decision in respect of each fact subject to a new decision, pursuant to the provisions of Cabinet Office Order; provided, however, that unless the amount specified in item (i) exceeds the amount specified in item (ii), the Prime Minister may not issue an order for payment of an administrative monetary penalty under the provisions of paragraph (1) of that Article or the provisions of the preceding paragraph:
第百八十五条の七第九項第一号(課徴金の納付命令の決定等)
新決定に係る個別決定ごとの算出額のうち最も高い額
the highest of the amounts calculated for each individual decision in respect of the new decisions;
第百八十五条の七第九項第二号(課徴金の納付命令の決定等)
既決定に係る第百七十二条の四の二第一項の規定又は前項の規定による課徴金の額を合計した額
the sum of the amounts of administrative monetary penalty under the provisions of Article 172-4-2, paragraph (1) or the provisions of the preceding paragraph, in connection with the prior decisions.
If the Prime Minister is required to issue the decision referred to in paragraph (1) in connection with two or more tender offer documents, etc. (meaning a public notice of the commencement of a tender offer, etc. or a tender offer statement, etc.; the same applies in the following paragraph) for the same tender offer (limited to a decision under Article 178, paragraph (1), item (vi)), in lieu of the amount set forth in Article 172-6, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (2) of that Article), the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when the amount calculated pursuant to paragraph (1) of that Article is divided proportionally in parallel with the amounts calculated pursuant to that paragraph (including as applied mutatis mutandis pursuant to paragraph (2) of that Article) in respect of each fact subject to a decision.
If the Prime Minister has already issued a decision pursuant to paragraph (1) (but only if the Prime Minister found the fact set forth in Article 178, paragraph (1), item (vi) to have occurred; hereinafter the same applies in this paragraph), the preceding paragraph, or paragraph (1725) (but only if the Prime Minister found the fact set forth in Article 178, paragraph (1), item (vi) to have occurred) in connection with a tender offer document, etc., the Prime Minister may not issue a new decision pursuant to paragraph (1) or the preceding paragraph in connection with a tender offer document, etc. linked to the same tender offer as that tender offer document, etc.
If the Prime Minister is required to issue the decision referred to in paragraph (1) (limited to a decision under Article 178, paragraph (1), item (xi)) in connection with two or more pieces of information on the issuer, etc. for the same business year subject to disclosure (excluding amended information on the issuer that amends false information contained in the relevant information on the issuer, etc. or that corrects a deficiency of information about a material particular that is required to be provided or disclosed; the same applies in the following paragraph), in lieu of the amount under Article 172-11, paragraph (1), the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when the highest of the amounts calculated pursuant to that paragraph in respect of each fact subject to a decision (hereinafter referred to as the "amount calculated for each decision" in this paragraph, the following paragraph and paragraph (1826) (but only if the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (xi) to have occurred)) is proportionally divided in parallel with the amount calculated for each decision, pursuant to the provisions of Cabinet Office Order.
If the Prime Minister is required to issue the decision referred to in paragraph (1) (but only if the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (xi) to have occurred; hereinafter the same applies in this paragraph) or the preceding paragraph, and must issue one or more decisions (hereinafter each is referred to as a "new decision" in this paragraph) in connection with information on the issuer, etc. for the same business year subject to disclosure as information on the issuer, etc. in connection with which the Prime Minister has already issued one or more decisions pursuant to paragraph (1), the preceding paragraph, this paragraph, paragraph (1622) (but only if the Prime Minister found the fact set forth in Article 178, paragraph (1), item (xi) to have occurred; hereinafter the same applies in this paragraph), paragraph (1725) (but only if the Prime Minister found the fact set forth in that Article 178, paragraph (1), item (xi) to have occurred; hereinafter the same applies in this paragraph), or paragraph (1826) (but only if the Prime Minister found the fact set forth in Article 178, paragraph (1), item (xi) to have occurred; hereinafter the same applies in this paragraph) (each such a decision is hereinafter referred to as a "prior decision" in this paragraph), in lieu of the amount set forth in the provisions of Article 172-11, paragraph (1) or the provisions of the preceding paragraph, the Prime Minister must issue an order in connection with the new decisions, for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when the amount specified in item (ii) is deducted from the amount specified in item (i) and the difference is then divided proportionally in parallel with the amount calculated for each decision in respect of each fact subject to a new decision, pursuant to the provisions of Cabinet Office Order; provided, however, that unless the amount specified in item (i) exceeds the amount specified in item (ii), the Prime Minister may not issue an administrative monetary penalty payment order under the provisions of Article 172-11, paragraph (1) or the provisions of the preceding paragraph:
第百八十五条の七第十三項第一号(課徴金の納付命令の決定等)
それぞれの既決定及び新決定に係る事実について個別決定ごとの算出額のうち最も高い額
the highest of the amount calculated for each decision in respect of each fact subject to a prior decision or a new decision;
the sum of the amount of administrative monetary penalty under the provisions of Article 172-11, paragraph (1), the preceding paragraph, this paragraph, and paragraphs (16) through (1822), (25), and (26) in connection with the prior decisions.
WhenWhere the Prime Minister is required to issue decisions make the decision under paragraph (1) (limited to the decision relatedthat relating to Article 178, paragraph (1), item (xvii)) in relationxi)-6) with regard to two or more violations (meaning the violation prescribed in Article 175-2, paragraph (1) or (2), and including thepieces of ongoing disclosed specified cryptoasset information for the same business year subject to publication (meaning periodic information on specified act of providing cryptoassets (including amended specified cryptoasset information, etc. prescribed in paragraphs (13) and (14) of that Article; hereinafter relating to that periodic information on specified cryptoassets; the same applies hereafter in this paragraph and, the following paragraph) committed in relation to the same business of public offering, etc., the Prime Minister must issue an order to pay to the national treasury an administrative monetary penalty in an amount equivalent to, paragraph (22), paragraph (25) and paragraph (42), item (i)) or extraordinary information on specified cryptoassets (including amended specified cryptoasset information, etc. relating to that extraordinary information on specified cryptoassets; the amount obtained by adding the amount set forth insame applies hereafter in this paragraph, the following paragraph (1), item (ii, paragraph (22), (a) orparagraph (25) and paragraph (242), item (ii), (a) of that Article to the amount obtained by dividing the amount set forth), and excluding amended specified cryptoasset information, etc. relating to that information; the same applies in paragraph (1), item (ii), (b) orthe following paragraph (2), item (ii), (b)and the sum of that Article by the number of such decisionsamounts calculated, for the respective violations, in lieu of the amount set forth infacts relating to each decision, pursuant to the provisions of Article 175-2172-16, paragraph (1) (including the cases whereas applied mutatis mutandis pursuant to paragraph (132) of that Article; hereinafter the same applies hereafter in this paragraph and the following paragraph) or paragraph (2) of that Article 3) (including as applied mutatis mutandis pursuant to paragraph (144) of that Article; hereinafter the same applies hereafter in this paragraph and the following paragraph) (hereinafter referred to as the "amount calculated for each individual decision" in this paragraph, the following paragraph and paragraph (26) (limited to the case where it is found that there is a fact set forth in Article 178, paragraph (1), item (xi)-6)) exceeds the higher of the amounts set forth in the following items, the Prime Minister must, in place of the amount under the provisions of Article 172-16, paragraph (1) or (3), make a decision to order payment to the national treasury of an administrative monetary penalty in an amount equivalent to the amount obtained by apportioning that higher amount in accordance with the amount calculated for each individual decision, as provided by Cabinet Office Order.
the highest of the amounts calculated pursuant to Article 172-16, paragraph (1) for the fact that has occurred in respect of the decision, for each piece of periodic information on specified cryptoassets; or
the highest of the amounts arrived at when the amount calculated pursuant to Article 172-16, paragraph (3) for the fact that has occurred in respect of the decision is multiplied by two, for each piece of extraordinary information on specified cryptoassets.
WhenIf the Prime Minister is required to issue athe decision under referred to in paragraph (1) (limited to but only if the cases where any Prime Minister finds the fact specified set forth in Article 178, paragraph (1), item (xvii) has been foundxi)-6 to have occurred; hereinafter the same applies in this paragraph) or the preceding paragraph, if the Prime Minister needs toand must issue one or more decisions (hereinafter each is referred to as thea "new decision" in this paragraph) for the violation conducted in relation to in connection with ongoing disclosed specified cryptoasset information for the same business of public offering, etc.year subject to publication as that related to ongoing disclosed specified cryptoasset information in connection with which the Prime Minister has already issued one or more decisions already issued underpursuant to paragraph (1), the preceding paragraph, this paragraph, or paragraph (1722) (limited to but only if the cases where any Prime Minister found the fact specified in that item has been foundset forth in Article 178, paragraph (1), the Prime Minister must issue an order to pay to the national treasury an administrative monetary penalty equivalent to item (xi)-6 to have occurred; hereinafter the same applies in this paragraph), paragraph (25) (but only if the Prime Minister found the amountfact set forth in that Article 178, paragraph (1), item (ii), (a) or xi)-6 to have occurred; hereinafter the same applies in this paragraph), or paragraph (26) (but only if the Prime Minister found the fact set forth in Article 178, paragraph (21), item (ii), (a) of Article 175-2 relatedxi)-6 to have occurred; hereinafter the same applies in this paragraph) (each such a decision is hereinafter referred to the respective violationsas a "prior decision" in this paragraph), in lieu of the amount set forth in the provisions of Article 175-2172-16, paragraph (1) or (23) or the provisions of the preceding paragraph, the Prime Minister must issue an order in connection with regard the new decisions, for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when the amount specified in item (ii) is deducted from the amount specified in item (i) and the difference is then divided proportionally in parallel with the amount calculated for each decision in respect of each fact subject to a new decision., pursuant to the provisions of Cabinet Office Order; provided, however, that unless the amount specified in item (i) exceeds the amount specified in item (ii), the Prime Minister may not issue an administrative monetary penalty payment order under the provisions of Article 172-16, paragraph (1) or (3) or the provisions of the preceding paragraph:
the amount obtained by totaling the amounts calculated for each individual decision for the facts relating to each prior decision and new decision (or, if that amount exceeds the higher of the amounts set forth in (a) or (b) below, that higher amount):
the highest of the amounts calculated pursuant to Article 172-16, paragraph (1) in respect of each fact subject to a prior decision and to a new decision for each periodic information on specified cryptoassets; or
the highest of the amounts arrived at when the amounts calculated pursuant to Article 172-16, paragraph (3) in respect of each fact subject to a prior decision and to a new decision for each extraordinary information on specified cryptoassets are multiplied by two;
the total of the amounts of administrative monetary penalties relating to the prior decision under the provisions of Article 172-16, paragraph (1) or (3) or under the provisions of the preceding paragraph, this paragraph, paragraph (22), paragraph (25) or paragraph (26).
IfIn the case where the Prime Minister is required to issue the decision referred to in paragraph (1) (limited to a case where the Prime Minister findsthat relating to have occurred any of the following: a fact set forth in Article 178, paragraph (1), item (ii) that falls under Article 172-2, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (4) of that Article; hereinafter the same applies xi)-9) in this paragraph); a fact set forth in Article 178, paragraph (1), item (iv) that falls under Article 172-4, paragraph (1)respect of two or more pieces of ongoing disclosed cryptoasset information (meaning cryptoasset information or (2); a fact set forth in Article 178, paragraph (1), item (vii); a fact set forth in Article 178, paragraph (1), item (x)extraordinary cryptoasset information (including amended cryptoasset information, etc. relating to that falls under Article 172-10, paragraph (1); a fact set forth in Article 178, paragraph (1), item (xi); a fact set forth in Article 178, paragraph (1), item (xi)-2;cryptoasset information or a fact set forth in Article 178, paragraph (1), item (xvi) that falls under Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Articleextraordinary cryptoasset information); hereinafter the same applies in this paragraph), or the decision referred to infollowing paragraph (6), (7), (12), or (13) (in the case where the Prime Minister finds to have occurred) concerning the fact set forth in Article 178, paragraph (1), item (xvi) that falls under Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article), thissame cryptoasset, if there is limited to a case where the purchase and sale, etc. prescribed in Article 166, paragraph (1) involving that fact is an acquisitiona period of own shares by the listed company, etc. prescribedoverlap in Article 175, paragraph (9) pursuant to the provisions of Article 156, paragraph (1)duration of the Companies Act (including as applied pursuant to the provisions of Article 163 and Article 165, paragraph (3)violation of that Act following the deemed replacement of terms) or a foreign law or regulation that is equivalent to those provisions, or any other case specified by Cabinet Office Order as being equivalentfacts relating to this), and a person set forth in Column 1 of the following table has reported the fact torespective decisions, the Prime Minister pursuant to the provisions of Cabinet Office Order before the disposition set forth in Column 3 of that table is carried out with regard to the fact that falls under the provisions set forth in Column 2 of that tablemust, in lieu of the amount set forth in Column 4 of that table, the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalentcalculated pursuant to the amount arrived at when that amount is multiplied by 50 percent.
Column 1 Column 2 Column 3 Column 4
An issuer prescribed in Article 172-2, paragraph (1) Article 172-2, paragraph (1) Any of an order to submit reports or materials or an inspectionprovisions of books, documents, and other articles under Article 26172-19, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or the dispositions set forth in the items of Article 177, paragraph (1) The amount under Article 172-2, paragraph (1) (where the decision under paragraph (1) is required with regard to the submission of two or more disclosure documents for offerings (meaning the disclosure documents for offerings prescribed in paragraph (3paragraphs (3) and (5) of that Article; hereinafter the same applies in this paragraph) or with regard to a secondary distribution pertaining to prospectuses, limited to the amount pertaining to the submission of the disclosure document for offerings, or the secondary distribution pertaining to a prospectus, for which the commencement of the submission or the secondary distribution is and the latest)
An issuer prescribed in Article 172-4,following paragraph (1) or (2) Article 172-4, paragraph (1) or (2) Any of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 26, paragraph (1) (2) (including as applied mutatis mutandis pursuant to Article 27), or the dispositions set forth in the items of Article 177, paragraph (1) The amount under the provisions of Article 172-4, paragraph (1) or (2) or the provisions of Article 185-7, paragraph (6) or (7) (where the decision under paragraph (1),paragraphs (4) and (6), or (7) is required with regard to the submission of two or more annual securities reports, etc. or semiannual securities or extraordinary reports, etc., limited to the amount pertaining to the latest such submission of an annual securities report, etc. or semiannual securities or extraordinary report, etc.)
A person prescribed in Article 172-7 Article 172-7 Either an order to submit reports or materials under Article 27-30, paragraph (1) or an inspection of books, documents, and other articles The amount underthat Article 172-7 (where the decision under paragraph (1) is required with regard to two or more statements of large-volume holdings or changes, limited to the amount pertaining to the statement of large-volume holdings or changes whose submission deadline is; the latest)
An issuer prescribedsame applies in Article 172-10, paragraph (1) Article 172-10,this paragraph (1) Any of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 27-35, paragraph (1), or the dispositions set forth in the items of Article 177, paragraph (1) The amount under Article 172-10,following paragraph (1) (where) for the decision under paragraph (1) is required with regardfacts relating to the provision or publication of two or more pieces of specified information on securities, etc., limited to the amount pertainingrespective decisions, issue a decision ordering payment to the latest such provision or publication)
An issuer prescribed in Article 172-11, paragraph (1) Article 172-11, paragraph (1) Anynational treasury of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 27-35, paragraph (1), or the dispositions set forthadministrative monetary penalty in the items of Article 177, paragraph (1) The amount under the provisions of Article 172-11, paragraph (1) or the provisions of Article 185-7, paragraph (12) or (13) (where the decision under paragraph (1), (12), or (13) is required with regard to the provision or publication of two or more pieces of information on the issuer, etc., limited to thean amount pertainingequivalent to the latest such provision or publication)
A specified involved person prescribed in Article 172-12, paragraph (1) Article 172-12, paragraph (1) (excluding the case where a person set forth in item (ii)total of that paragraph has submitted the documentsamounts specified in that item) Any of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 26, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or the dispositions set forth in thefollowing items of Article 177, paragraph (1) The amount under Article 172-12, paragraph (1)
A person prescribed in Article 175, paragraph (1) or a listed company, etc. prescribed in paragraph (9) of that Article Article 175, paragraph (1) (including as applied mutatis mutandis pursuantaccording to paragraph (9) of that Article) Anythe category of the dispositionsperiods set forth in thethose items of Article 177, paragraph (1) The amount under Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article) (where the decision under paragraph (1) is required with regard to two or more purchases and sales, etc. prescribed in Article 166, paragraph (1), limited to the amount pertaining to the latest such purchase and sale, etc.).
that overlapping period: the amount obtained by dividing the amount calculated pursuant to the provisions of Article 172-19, paragraph (1) or (2) for that overlapping period by the number of decisions relating to that overlapping period;
the period excluding that overlapping period: the amount calculated pursuant to the provisions of Article 172-19, paragraph (1) or (2) for that period.
If the Prime Minister is required to issue the decision referred to in paragraph (1) (excluding a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv)-2 to have occurred), paragraph (2), paragraphs (4) through (7), paragraph (10), or paragraph (12) through the preceding paragraph, and the person subject to the decision that is set forth in the left column of the following table was, within five years counting back from the date set forth in the middle column of that table, subject to an administrative monetary penalty payment order as provided in Article 185-15, paragraph (1) (excluding a decision under paragraph (1) (limited to a case where the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (iv)-2 to have occurred), paragraph (8), or paragraph (9)) (if, in connection with that administrative monetary penalty payment order, the action referred to in Article 185-18, paragraph (1) has been filed, this is limited to a case where the judicial decision on that action has become final and binding) or to a decision as provided in paragraph (20) (limited to a decision to the effect that paragraph (3), the proviso to paragraph (5), the proviso to paragraph (7), paragraph (11), the proviso to paragraph (13), the proviso to the following paragraph, or the proviso to paragraph (19) applies), in lieu of the amount set forth in the provisions specified in the right-hand column of that table, the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to 150 percent of that amount.
A person prescribed in Article 172, paragraph (1) the day on which any of the following was commenced: the public offering or secondary distribution of securities for which a notification under Article 4, paragraph (1) is required, the general solicitation involving securities acquired by a qualified institutional investor for which a notification under Article 4, paragraph (2) is required, or the general solicitation, etc. involving securities acquired by a professional investor, etc. for which a notification under Article 4, paragraph (3) is required Article 172, paragraph (1) or Article 185-7, paragraph (2)
An issuer prescribed in Article 172, paragraph (2) or a person prescribed in that paragraph the day on which, in violation of the provisions of Article 15, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), the securities prescribed in that paragraph were caused to be acquired or were sold through a public offering or a secondary distribution prescribed in Article 172, paragraph (2) Article 172, paragraph (2) or Article 185-7, paragraph (2)
A person prescribed in Article 172, paragraph (3) the day on which, in violation of the provisions of Article 15, paragraph (2) (including as applied mutatis mutandis pursuant to Article 27), securities were sold through a secondary distribution prescribed in Article 172, paragraph (3) without delivering a prospectus Article 172, paragraph (3)
An issuer prescribed in Article 172, paragraph (4) or a person prescribed in that paragraph the day on which, in violation of the provisions of Article 23-8, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), the securities prescribed in that paragraph were caused to be acquired or were sold through a public offering or a secondary distribution prescribed in Article 172, paragraph (2) Article 172, paragraph (2) as applied mutatis mutandis pursuant to Article 172, paragraph (4)
An issuer prescribed in Article 172-2, paragraph (1) or its officer, etc. prescribed in paragraph (2) of that Article the day on which a disclosure document for offerings prescribed in Article 172-2, paragraph (3) that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated was submitted Article 172-2, paragraph (1) or (2), or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (ii) that falls under Article 172-2, paragraph (1) to have occurred)
An issuer prescribed in Article 172-2, paragraph (4) or its officer, etc. prescribed in paragraph (2) of that Article the day on which the secondary distribution prescribed in Article 172, paragraph (3) pertaining to a prospectus that contains a false statement about a material particular prescribed in Article 172-2, paragraph (4) or omits a statement as to a material particular prescribed in that paragraph that is required to be stated was commenced Article 172-2, paragraph (1) as applied mutatis mutandis pursuant to paragraph (4) of that Article, Article 172-2, paragraph (2) as applied mutatis mutandis pursuant to paragraph (5) of that Article, or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (ii) that falls under Article 172-2, paragraph (1) as applied mutatis mutandis pursuant to paragraph (4) of that Article to have occurred)
An issuer prescribed in Article 172-2, paragraph (6) the day on which securities were caused to be acquired or were sold through a public offering or a secondary distribution prescribed in Article 172, paragraph (2) without submitting an amended offering disclosure document Article 172-2, paragraph (6)
An issuer prescribed in the paragraphs of Article 172-3 the respective submission deadlines for the annual securities report or the semiannual securities report (for the annual securities report under Article 24, paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article, and these provisions including as applied mutatis mutandis pursuant to Article 27), the day on which the grounds arose on which that annual securities report must be submitted) Article 172-3, paragraph (1) or (2), or Article 185-7, paragraph (4) or (5)
An issuer prescribed in Article 172-4, paragraph (1) or (2) the respective days of submission of the annual securities report, etc. or the semiannual securities or extraordinary report, etc. that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated Article 172-4, paragraph (1) or (2), or Article 185-7, paragraph (6) or (7), or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) to have occurred)
An issuer prescribed in Article 172-4, paragraph (3) the day on which the grounds arose on which an extraordinary report must be submitted Article 172-4, paragraph (2) as applied mutatis mutandis pursuant to paragraph (3) of that Article, or Article 185-7, paragraph (6) or (7)
A person prescribed in Article 172-5 the day on which, in violation of the provisions of Article 27-3, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2)), a purchase, etc. prescribed in Article 27-2, paragraph (1) or Article 27-22-2, paragraph (1) of the share certificates, etc. prescribed in Article 27-2, paragraph (1) or of listed share certificates, etc. was made without giving a public notice of the commencement of a tender offer Article 172-5
A person prescribed in Article 172-6, paragraph (1) the day on which a public notice of the commencement of a tender offer, etc. that contains a false indication of a material particular or omits an indication of a material particular that is required to be indicated was given, or the day on which a tender offer statement, etc. that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated was submitted Article 172-6, paragraph (1) or Article 185-7, paragraph (10)
A person prescribed in Article 172-6, paragraph (2) the submission deadline for the amended tender offer statement, etc. (for an amended statement under Article 27-8, paragraph (2) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2)) or an amendment report under Article 27-8, paragraph (2) as applied mutatis mutandis pursuant to Article 27-10, paragraph (12), the day on which the grounds arose on which each of those documents must be submitted) Article 172-6, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article, or Article 185-7, paragraph (10)
A person prescribed in Article 172-7 the submission deadline for the statement of large-volume holdings or changes Article 172-7 or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (vii) to have occurred)
A person prescribed in Article 172-8 the day on which a statement of large-volume holdings or changes, etc. that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated was submitted Article 172-8
A person prescribed in Article 172-9 the day on which the specified solicitation, etc. was commenced Article 172-9
An issuer prescribed in Article 172-10, paragraph (1) or its officer, etc. prescribed in Article 172-2, paragraph (2) the day on which specified information on securities, etc. that contains a falsehood, etc. was provided or publicized Article 172-10, paragraph (1) or (2), or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (x) to have occurred)
An issuer prescribed in Article 172-11, paragraph (1) the day on which information on the issuer, etc. that contains a falsehood, etc. was provided or publicized Article 172-11, paragraph (1), or Article 185-7, paragraph (12) or (13), or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi) to have occurred)
A specified involved person prescribed in Article 172-12, paragraph (1) the day on which the specified involvement act prescribed in Article 172-12, paragraph (2) was commenced Article 172-12, paragraph (1) or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi)-2 to have occurred)
A violator prescribed in Article 173, paragraph (1) the day on which the violation prescribed in Article 173, paragraph (1) was commenced Article 173, paragraph (1)
A violator prescribed in Article 174, paragraph (1) the day on which the violation prescribed in Article 174, paragraph (1) was commenced Article 174, paragraph (1)
A violator prescribed in Article 174-2, paragraph (1) the day on which the violation prescribed in Article 174-2, paragraph (1) was commenced Article 174-2, paragraph (1)
A violator prescribed in Article 174-3, paragraph (1) the day on which the violation prescribed in Article 174-3, paragraph (1) was commenced Article 174-3, paragraph (1)
A person prescribed in Article 175, paragraph (1), a person prescribed in paragraph (2) of that Article, or a listed company, etc. prescribed in paragraph (9) of that Article the day on which the purchase and sale, etc. prescribed in Article 166, paragraph (1) was conducted, or the day on which the purchase, etc. of the specified share certificates, etc. or related share certificates, etc. prescribed in Article 167, paragraph (1), or the sale, etc. of the share certificates, etc. prescribed in that paragraph, was conducted Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article) or paragraph (2) of that Article, or the preceding paragraph (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xvi) to have occurred)
A violator prescribed in Article 175-2, paragraph (1), a violator prescribed in paragraph (2) of that Article, a listed company, etc. prescribed in paragraph (13) of that Article, or a tender offeror, etc. prescribed in paragraph (14) of that Article the day on which the violation prescribed in Article 175-2, paragraph (1) or (2), or the specified act of providing information, etc. prescribed in paragraph (13) or (14) of that Article, was conducted Article 175-2, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (13) of that Article) or paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (14) of that Article), or Article 185-7, paragraph (14) or (15)limited to the case where the Prime Minister finds there to be a fact set forth in Article 178, paragraph (1), item (xi)-9; hereinafter the same applies in this paragraph) or the preceding paragraph, and must issue one or more decisions (limited to those relating to a fact set forth in that item for which there is a duration of the violation that overlaps with the duration of the violation of the fact relating to a prior decision; hereinafter each referred to as a "new decision" in this paragraph) in respect of ongoing disclosed cryptoasset information concerning a cryptoasset identical to the cryptoasset relating to one or more decisions already made pursuant to the provisions of paragraph (1), the preceding paragraph, this paragraph, paragraph (22) (limited to the case where the Prime Minister finds there to be a fact set forth in that item) or paragraph (25) (limited to the case where the Prime Minister finds there to be a fact set forth in that item) (hereinafter each referred to as a "prior decision" in this paragraph), the Prime Minister must, for that new decision, in lieu of the amount under the provisions of Article 172-19, paragraph (1) or (2) or the amount under the provisions of the preceding paragraph, issue a decision ordering payment to the national treasury of an administrative monetary penalty in an amount equivalent to the amount calculated pursuant to those provisions for the period excluding that overlapping duration of the violation; provided, however, that if there is no period excluding that overlapping duration of the violation, the Prime Minister may not order payment of an administrative monetary penalty under the provisions of paragraph (1) or (2) of that Article or the preceding paragraph.
IfWhen the Prime Minister is required to issue one or more decisions pursuant tounder paragraph (1) (but only if the Prime Minister findslimited to the fact set forth indecision related to Article 178, paragraph (1), item (iv) or (xi)xvii)) in relation to have occurred), paragraph (6), paragraph (7), paragraph (12)two or more violations (meaning the violation prescribed in Article 175-2, paragraph (13),1) or the preceding two paragraphs (but only if(2), and including the Prime Minister finds the fact set forthspecified act of providing information, etc. prescribed in Article 178, paragraph (1), item (iv) or (xi) to have occurredparagraphs (14) and (15) of that Article; hereinafter the same applies in this paragraph), and a final and binding judicial decision forthe following paragraph) committed in relation to the same case imposes a fine onbusiness of public offering, etc., the respondent, in lieu of the amount specified in Article 172-4, paragraph (1) or (2) (including as applied mutatis mutandis pursuantPrime Minister must issue an order to pay to the national treasury an administrative monetary penalty in an amount equivalent to paragraph (3) of that Article; hereinafterthe amount obtained by adding the same applies in thisamount set forth in paragraph (1), Article 172-11, paragraph (1),item (ii), (a) or Article 185-7, paragraph (62), (7), (12item (ii), (13) or the preceding two paragraphs, the Prime Minister must issue an order for the relevant persona) of that Article to pay an administrative monetary penalty tothe amount obtained by dividing the national treasury that is equivalent to the amount arrived at when the amount specified inamount set forth in paragraph (1), item (ii), (b) or paragraph (2), item (ii) is deducted from the amount specified in item (i), and, (b) of that Article by the number of such decisions, for the difference is then proportionally dividedrespective violations, in parallel withlieu of the amount calculated for each decisionset forth in respect of the facts subject to those one or more decisions,Article 175-2, paragraph (1) (including the cases where applied mutatis mutandis pursuant to the provisionsparagraph (14) of Cabinet Office Order; provided, however, that unlessthat Article; hereinafter the amount specifiedsame applies in item (i) exceedsthis paragraph and the amount specified in item (ii), the Prime Minister may not issue an administrative monetary penalty payment order under Article 172-4,following paragraph) or paragraph (2) of that Article (including as applied mutatis mutandis pursuant to paragraph (1) or (2),15) of that Article 172-11, paragraph (1), or Article 185-7,; hereinafter the same applies in this paragraph (6), (7), (12), (13) orand the preceding two paragraphs:following paragraph).
the sum total of the amounts calculated pursuant to the provisions of Article 172-4, paragraph (1) or (2), Article 172-11, paragraph (1), or Article 185-7, paragraph (6), (7), (12), (13), or the preceding two paragraphs, in respect of the facts subject to those one or more decisions;
In the case referred to in paragraph (1) (but only ifWhen the Prime Minister finds a fact set forth in Article 178,is required to issue a decision under paragraph (1), items (xii) through (xvi) (limited to have occurred), paragraph (16) (but only if the Prime Minister finds thecases where any fact set forthspecified in Article 178, paragraph (1), item (xvi) to have occurredxvii) has been found; hereinafter the same applies in this paragraph), or paragraph (17) (but onlythe preceding paragraph, if the Prime Minister finds a fact set forth in Article 178, paragraph (1), items (xii) through (xvi)needs to issue one or more decisions (hereinafter referred to have occurred; hereinafteras the same applies"new decision" in this paragraph), if for the final and binding judicial decisionviolation conducted in the same case imposes on the respondent a confiscation ofrelation to the properties set forth in the itemssame business of Article 198-2, paragraph (1) or the collection of the value of the properties set forth in the items of Article 198-2,public offering, etc. as that related to one or more decisions already issued under paragraph (1), in lieu of the amount set forth in Article 173, paragraph (1), Article 174, paragraph (1), Article 174-2,preceding paragraph (1), Article 174-3,, this paragraph (1), or Article 175, paragraph (125) (including as applied mutatis mutandis pursuantlimited to paragraph (9) of that Article) or paragraph (2) ofthe cases where any fact specified in that Article, or Article 185-7, paragraph (16) or (17item has been found), the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount after the amountadministrative monetary penalty equivalent to the propertiesamount set forth in the items of Article 198-2, paragraph (1) whose confiscation is ordered in that judicial decision, or the amount equivalent to the value of the properties set forth in the items of Article 198-2, paragraph (1) whose collection is ordered in that judicial decision (or, if both the confiscation of the properties set forth in the items of Article 198-2, , item (ii), (a) or paragraph (1) and the collection of the value of the properties set forth in the items of Article 198-2, paragraph (1) are ordered in that judicial decision, this means the sum of the amount equivalent to the properties set forth in the items of Article 198-2, paragraph (1) whose confiscation is ordered in that judicial decision and the amount equivalent to the value 2), item (ii), (a) of the properties set forth in the items of Article 198-2, paragraph (1) whose collection is ordered in that judicial decision; hereinafter referred175-2 related to as the "amount equivalent to confiscated properties, etc." respective violations, in this paragraph), is deducted from the relevantlieu of those amounts; provided, however, that unless the amount set forth in Article 173, paragraph (1), Article 174, paragraph (1), Article 174-2, paragraph (1),the provisions of Article 174-3175-2, paragraph (1), or Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article(2) or paragraph (2)the provisions of that Article, or Article 185-7,the preceding paragraph (16) or (17) exceeds the amount equivalent, with regard to confiscated properties, etc., the Prime Minister may not order payment of an administrative monetary penalty under those provisionsnew decision.
If, after When the Prime Minister is required to issue decisions under paragraph (1) (limited to those relating to Article 178, paragraph (1), item (xix)) in respect of two or more violations committed in relation to the conclusion same business of trial procedures, public offering, etc. (meaning the Prime Minister finds no fact to have occurred violations prescribed in Article 175-4, paragraphs (1) through (3), and including the specified act of providing information, etc. prescribed in paragraphs (19) through (21) of that falls Article; hereinafter the same applies in this paragraph and the following paragraph), the Prime Minister must, in lieu of the amount under an itemthe provisions of Article 178175-4, paragraph (1), or in a case to which (including as applied mutatis mutandis pursuant to paragraph (3), 19) of that Article; hereinafter the proviso to same applies in this paragraph (5and the following paragraph), the proviso paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (7), 20) of that Article; hereinafter the proviso to same applies in this paragraph (9), and the following paragraph) or paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (11), 21) of that Article; hereinafter the same applies in this paragraph and the following paragraph), issue a decision ordering payment to the proviso national treasury, for the respective violations, of an administrative monetary penalty in an amount equivalent to the amount obtained by adding, to the amount set forth in paragraph (131), the proviso toitem (ii), (a), paragraph (182), item (ii), (a) or paragraph (3), item (ii), (a) of that Article, the proviso to amount obtained by dividing the preceding amount set forth in paragraph is applicable, the Prime Minister must issue a decision (1), item (ii), (b), paragraph (2), item (ii), (b) or paragraph (3), item (ii), (b) of that gives a clear indicationArticle by the number of thissuch decisions.
A decision referred When the Prime Minister is required to in paragraphs issue a decision under paragraph (1), (2), (4) through (10), and (12) to (limited to the cases where any fact specified in Article 178, paragraph (1), item (xix) has been found; hereinafter the same applies in this paragraph) or the preceding paragraph must be issued based on , if the Prime Minister needs to issue one or more decisions (hereinafter referred to as the draft"new decision submitted by a trial examiner pursuant " in this paragraph) for the violation conducted in relation to the provisions same business of the preceding Article. In public offering, etc. as that related to one or more decisions already issued under paragraph (1), the preceding paragraph, this case, paragraph, or paragraph (25) (limited to the cases where any fact specified in that item has been found), the Prime Minister must, as provided by Cabinet Office Order, record issue an order to pay to the national treasury an administrative monetary penalty equivalent to the electronic amount set forth in paragraph (1), item (ii), (a), paragraph (2), item (ii), (a) or magnetic record pertaining paragraph (3), item (ii), (a) of Article 175-4 related to that decision the respective violations, in lieu of the fileamount set forth in the provisions of Article 175-4, paragraphs (1) through (3) or the provisions of the preceding paragraph, with regard to the new decision.
The electronic If the Prime Minister is required to issue the decision referred to in paragraph (1) (limited to a case where the Prime Minister finds to have occurred any of the following: a fact set forth in Article 178, paragraph (1), item (ii) that falls under Article 172-2, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (4) of that Article; hereinafter the same applies in this paragraph); a fact set forth in Article 178, paragraph (1), item (iv) that falls under Article 172-4, paragraph (1) or magnetic record pertaining (2); a fact set forth in Article 178, paragraph (1), item (vii); a fact set forth in Article 178, paragraph (1), item (x) that falls under Article 172-10, paragraph (1); a fact set forth in Article 178, paragraph (1), item (xi); a fact set forth in Article 178, paragraph (1), item (xi)-2; a fact set forth in Article 178, paragraph (1), item (xi)-4 that falls under Article 172-14, paragraph (1); a fact set forth in Article 178, paragraph (1), item (xi)-5 that falls under Article 172-15, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article; a fact set forth in Article 178, paragraph (1), item (xi)-6 that falls under Article 172-16, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article or Article 172-16, paragraph (3) as applied mutatis mutandis pursuant to paragraph (4) of that Article; a fact set forth in Article 178, paragraph (1), item (xi)-8; a fact set forth in Article 178, paragraph (1), item (xi)-9 that falls under Article 172-19, paragraph (2) (including as applied mutatis mutandis pursuant to paragraphs (4) and (6) of that Article); a fact set forth in Article 178, paragraph (1), item (xvi) that falls under Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (10) of that Article); a fact set forth in Article 178, paragraph (1), item (xviii) that falls under Article 175-3, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (12) of that Article); or a fact set forth in Article 178, paragraph (1), item (xx); hereinafter the same applies in this paragraph), or the decision referred to in paragraph (6), (7), or (12) through (17) (in the case where the Prime Minister finds to have occurred the fact set forth in Article 178, paragraph (1), item (xvi) that falls under Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (10) of that Article), this is limited to a case where the purchase and sale, etc. prescribed in Article 166, paragraph (1) involving that fact is an acquisition of own shares by the preceding listed company, etc. prescribed in Article 175, paragraph must record (10) pursuant to the facts found provisions of Article 156, paragraph (1) of the Companies Act (including as applied pursuant to the provisions of Article 163 and Article 165, paragraph (3) of that Act following the deemed replacement of terms) or a foreign law or regulation that is equivalent to those provisions, or any other case specified by Cabinet Office Order as being equivalent to this, and in the case where the Prime Minister finds to have occurred the fact set forth in Article 178, paragraph (1), item (xviii) that falls under Article 175-3, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (12) of that Article), this is limited to a case where the purchase and sale, etc. (meaning the application purchase and sale, etc. prescribed in Article 171-7, paragraph (1)) of laws the subject specified cryptoassets, etc. involving that fact is an acquisition, by the specified cryptoasset issuer prescribed in Article 175-3, paragraph (12), of the specified cryptoassets related to that specified cryptoasset issuer, or any other case specified by Cabinet Office Order as being equivalent to this), and regulations a person set forth in Column 1 of the following table (hereinafter referred to those facts (as a "covered person" in the following paragraph and paragraph (24)) has reported the fact and submitted materials pursuant to the provisions of Article 177-2, paragraph (1) before the disposition set forth in Column 3 of that table is carried out with regard to the fact that falls under the provisions set forth in Column 2 of that table, or has entered into the agreement under Article 177-3, paragraph (1), in lieu of the amount set forth in Column 4 of that table, the Prime Minister must issue an order for a the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to the amount arrived at when the amount obtained by multiplying that amount by the specified reduction ratio is deducted from that amount.
Column 1 Column 2 Column 3 Column 4
An issuer prescribed in Article 172-2, paragraph (1) Article 172-2, paragraph (1) Any of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 26, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or the dispositions set forth in the items of Article 177, paragraph (1) The amount under Article 172-2, paragraph (1) (where the decision under paragraph (1) is required with regard to the submission of two or more disclosure documents for offerings (meaning the disclosure documents for offerings prescribed in paragraph (3) of that Article; hereinafter the same applies in this paragraph) or with regard to a secondary distribution pertaining to prospectuses, limited to the amount pertaining to the submission of the disclosure document for offerings, or the secondary distribution pertaining to a prospectus, for which the commencement of the submission or the secondary distribution is the latest)
An issuer prescribed in Article 172-4, paragraph (1) or (2) Article 172-4, paragraph (1) or (2) Any of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 26, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or the dispositions set forth in the items of Article 177, paragraph (1) The amount under the provisions of Article 172-4, paragraph (1) or (2) or the provisions of Article 185-7, paragraph (6) or (7) (where the decision under paragraph (1), (2), (4) through (10)6), or (7) is required with regard to the submission of two or more annual securities reports, etc. or semiannual securities or extraordinary reports, etc., limited to the amount pertaining to the latest such submission of an annual securities report, etc. or semiannual securities or extraordinary report, etc.)
A person prescribed in Article 172-7 Article 172-7 Either an order to submit reports or materials under Article 27-30, paragraph (1) or an inspection of books, documents, and other articles The amount under Article 172-7 (where the decision under paragraph (1) is required with regard to two or more statements of large-volume holdings or changes, limited to the amount pertaining to the statement of large-volume holdings or changes whose submission deadline is the latest)
An issuer prescribed in Article 172-10, paragraph (1) Article 172-10, paragraph (1) Any of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 27-35, paragraph (1), or the dispositions set forth in the items of Article 177, paragraph (1) The amount under Article 172-10, paragraph (1) (where the decision under paragraph (1) is required with regard to the provision or publication of two or more pieces of specified information on securities, etc., limited to the amount pertaining to the latest such provision or publication)
An issuer prescribed in Article 172-11, paragraph (1) Article 172-11, paragraph (1) Any of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 27-35, paragraph (1), or the dispositions set forth in the items of Article 177, paragraph (1) The amount under the provisions of Article 172-11, paragraph (1) or the provisions of Article 185-7, paragraph (12) or (13) (where the decision under paragraph (1), (12), or (13) is required with regard to the provision or publication of two or more pieces of information on the issuer, etc., limited to the amount pertaining to the latest such provision or publication)
A specified involved person prescribed in Article 172-12, paragraph (1) Article 172-12, paragraph (1) (excluding the case where a person set forth in item (ii) of that paragraph has submitted the documents specified in that item) Any of an order to submit reports or materials or an inspection of books, documents, and other articles under Article 26, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or the dispositions set forth in the items of Article 177, paragraph (1) The amount under Article 172-12, paragraph (1)
A specified cryptoasset issuer prescribed in Article 172-14, paragraph (1) Article 172-14, paragraph (1) either an order for the submission of reports or materials, or an inspection of books and documents or other articles, as set forth in Article 27-58, paragraph (1) The amount under the provisions of Article 172-14, paragraph (1) (where the decision under paragraph (1) is required with regard to the publication of two or more pieces of information on specified cryptoassets (including amended specified cryptoasset information, etc. related to that information on specified cryptoassets) concerning the same specified cryptoasset, limited to the amount pertaining to the latest such publication of information on specified cryptoassets)
A financial instruments business operator prescribed in Article 172-15, paragraph (2) Article 172-15, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article either an order for the submission of reports or materials, or an inspection of books and documents or other articles, as set forth in Article 27-58, paragraph (1) The amount under the provisions of Article 172-15, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article (where the decision under paragraph (1) is required with regard to the publication of two or more pieces of information on specified cryptoassets (including amended specified cryptoasset information, etc. related to that information on specified cryptoassets) concerning the same specified cryptoasset, limited to the amount pertaining to the latest such publication of information on specified cryptoassets)
A specified cryptoasset issuer prescribed in Article 172-16, paragraph (2) or (4) Article 172-16, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article, or (12) through (19), Article 172-16, paragraph (3) as applied mutatis mutandis pursuant to paragraph (4) of that Article either an order for the submission of reports or materials, or an inspection of books and documents or other articles, as set forth in Article 27-58, paragraph (1) The amount under the provisions of Article 172-16, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article or Article 172-16, paragraph (3) as applied mutatis mutandis pursuant to paragraph (4) of that Article, or the provisions of Article 185-7, paragraph (14) or (15) (where the decision under paragraph (1), (14), or (15) is required with regard to the publication of periodic information on specified cryptoassets or extraordinary information on specified cryptoassets concerning the same specified cryptoasset, limited to the amount pertaining to the latest such publication of periodic information on specified cryptoassets or extraordinary information on specified cryptoassets)
A financial instruments business operator prescribed in the paragraphs of Article 172-18 The paragraphs of Article 172-18 either an order for the submission of reports or materials, or an inspection of books and documents or other articles, as set forth in Article 27-58, paragraph (1) The amount under the provisions of the paragraphs of Article 172-18 (where the decision under paragraph (1) is required with regard to the publication of two or more pieces of information on specified cryptoassets (including amended specified cryptoasset information, etc. related to that information on specified cryptoassets) or periodic information on specified cryptoassets concerning the basis same specified cryptoasset, limited to the amount pertaining to the latest such publication of information on specified cryptoassets or periodic information on specified cryptoassets)
A financial instruments business operator prescribed in Article 172-19, paragraph (2), (4), or (6) Article 172-19, paragraph (2) (including as applied mutatis mutandis pursuant to paragraphs (4) and (6) of that Article) either an order for the calculationsubmission of reports or materials, or an inspection of books and documents or other articles, as set forth in Article 27-68, paragraph (1) The amount under the administrative monetary penalty provisions of Article 172-19, paragraph (2) (including as applied mutatis mutandis pursuant to paragraphs (4) and (6) of that Article) or the due date provisions of Article 185-7, paragraph (16) or (17) (where the decision under paragraph (1), (16), or (17) is required with regard to the publication of payment).two or more pieces of cryptoasset information or extraordinary cryptoasset information (including amended cryptoasset information, etc. related to that cryptoasset information or extraordinary cryptoasset information) concerning the same cryptoasset, limited to the amount pertaining to the latest such publication of cryptoasset information or extraordinary cryptoasset information)
A person prescribed in Article 175, paragraph (1) or a listed company, etc. prescribed in paragraph (10) of that Article Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (10) of that Article) Any of the dispositions set forth in the items of Article 177, paragraph (1) The amount under Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (10) of that Article) (where the decision under paragraph (1) is required with regard to two or more purchases and sales, etc. prescribed in Article 166, paragraph (1), limited to the amount pertaining to the latest such purchase and sale, etc.)
A person prescribed in Article 175-3, paragraph (1) or a specified cryptoasset issuer prescribed in paragraph (12) of that Article Article 175-3, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (12) of that Article) any of the dispositions listed in each item of Article 177, paragraph (1) The amount under the provisions of Article 175-3, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (12) of that Article) (where the decision under paragraph (1) is required with regard to two or more purchases and sales, etc. of subject specified cryptoassets, etc. (meaning the purchase and sale, etc. prescribed in Article 171-7, paragraph (1)), limited to the amount pertaining to the latest such purchase and sale, etc.)
A person prescribed in Article 175-5 Article 175-5 any of the dispositions listed in each item of Article 177, paragraph (1) The amount under the provisions of Article 175-5
The due date of payment as referred toterm "specified reduction ratio" in the preceding paragraph is the day on which two months have elapsed since the date on which, with regard tomeans the electronic or magnetic record provided forratio specified in that paragraph (limited to one for a decision under paragraphs (1), (2), (4) through (10), and (12) through (19)), a document under the provisionsrelevant of Article 185-10-2 is issued or a notice under the provisions of Article 109-2, paragraph (1), main text offollowing items for the Codecategory of Civil Procedure as applied mutatis mutandis pursuant to Article 185-10 is issuedcases set forth in that item.
in the case where, before the disposition set forth in the third column of the table in the preceding paragraph is taken regarding a fact that falls under a provision set forth in the second column of that table, the covered person has reported that fact and submitted materials pursuant to the provisions of Article 177-2, paragraph (1) (excluding the case set forth in the following item): 20 percent;
in the case where, before the disposition set forth in the third column of the table in the preceding paragraph is taken regarding a fact that falls under a provision set forth in the second column of that table, the covered person has reported that fact and submitted materials pursuant to the provisions of Article 177-2, paragraph (1), and has also entered into the agreement under Article 177-3, paragraph (1): the ratio obtained by adding the specified ratio or post-evaluation rate relating to that agreement to 20 percent;
in the case where the covered person has entered into the agreement under Article 177-3, paragraph (1) (excluding the case set forth in the preceding item): the specified ratio or post-evaluation rate relating to that agreement.
A decision provided for in If, until the Prime Minister makes the decision under paragraph (21) becomes effective through22) with respect to the service ofcovered person, the electronic or magnetic record related to Prime Minister finds that there is a fact that falls under any of the decision on following items, then notwithstanding the respondentprovisions of that paragraph, the provisions of that paragraph do not apply.
that the facts reported or the materials submitted by the covered person pursuant to the provisions of Article 177-2, paragraph (1), or the facts or materials obtained through the act set forth in Article 177-3, paragraph (1), item (i) or paragraph (2), item (i) that the covered person performed, contained false content;
that, in response to a request under the provisions of Article 177-2, paragraph (2), the covered person reported false facts or submitted false materials;
第百八十五条の七第二十四項第三号(課徴金の納付命令の決定等)新設
当該対象者が、第百七十七条の三第一項の合意に違反して当該合意に係る行為を行わなかつたこと。
that the covered person, in violation of the agreement under Article 177-3, paragraph (1), failed to perform the act relating to that agreement.
Notwithstanding the provisions of the preceding paragraph, if, at the time of the decision referred to in paragraph (1) (limited to a decision connected with Article 178, paragraph (1), item (iv) or (xi)) or a decision as referred to in paragraph (6), paragraph (7), paragraph (12), paragraph (13), paragraph (16) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have occurred), or paragraph (17) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have occurred), prosecution has been instituted for the same case and that case is still pending before the court, the decision comes into effect once the judicial decision in that case becomes final and binding; provided, however, that if the final and binding judicial decision in that case imposes a fine on the person subject to the decision, the decision comes into effect once the electronic or magnetic record concerning a disposition for changes under the provisions of paragraph (6) of the following Article is served.If the Prime Minister is required to issue the decision referred to in paragraph (1) (excluding a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv)-2 to have occurred), paragraph (2), paragraphs (4) through (7), paragraph (10), or paragraphs (12) through (22), and the person subject to the decision that is set forth in the left column of the following table was, within five years counting back from the date set forth in the middle column of that table, subject to an administrative monetary penalty payment order as provided in Article 185-15, paragraph (1) (excluding a decision under paragraph (1) (limited to a case where the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (iv)-2 to have occurred), paragraph (8), or paragraph (9)) (if, in connection with that administrative monetary penalty payment order, the action referred to in Article 185-18, paragraph (1) has been filed, this is limited to a case where the judicial decision on that action has become final and binding) or to a decision as provided in paragraph (28) (limited to a decision to the effect that paragraph (3), the proviso to paragraph (5), the proviso to paragraph (7), paragraph (11), the proviso to paragraph (13), the proviso to paragraph (15), the proviso to paragraph (17), the proviso to the following paragraph, or the proviso to paragraph (27) applies), in lieu of the amount set forth in the provisions specified in the right-hand column of that table, the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount that is equivalent to 150 percent of that amount.
A person prescribed in Article 172, paragraph (1) the day on which any of the following was commenced: the public offering or secondary distribution of securities for which a notification under Article 4, paragraph (1) is required, the general solicitation involving securities acquired by a qualified institutional investor for which a notification under Article 4, paragraph (2) is required, or the general solicitation, etc. involving securities acquired by a professional investor, etc. for which a notification under Article 4, paragraph (3) is required Article 172, paragraph (1) or Article 185-7, paragraph (2)
An issuer prescribed in Article 172, paragraph (2) or a person prescribed in that paragraph the day on which, in violation of the provisions of Article 15, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), the securities prescribed in that paragraph were caused to be acquired or were sold through a public offering or a secondary distribution prescribed in Article 172, paragraph (2) Article 172, paragraph (2) or Article 185-7, paragraph (2)
A person prescribed in Article 172, paragraph (3) the day on which, in violation of the provisions of Article 15, paragraph (2) (including as applied mutatis mutandis pursuant to Article 27), securities were sold through a secondary distribution prescribed in Article 172, paragraph (3) without delivering a prospectus Article 172, paragraph (3)
An issuer prescribed in Article 172, paragraph (4) or a person prescribed in that paragraph the day on which, in violation of the provisions of Article 23-8, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), the securities prescribed in that paragraph were caused to be acquired or were sold through a public offering or a secondary distribution prescribed in Article 172, paragraph (2) Article 172, paragraph (2) as applied mutatis mutandis pursuant to Article 172, paragraph (4)
An issuer prescribed in Article 172-2, paragraph (1) or its officer, etc. prescribed in paragraph (2) of that Article the day on which a disclosure document for offerings prescribed in Article 172-2, paragraph (3) that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated was submitted Article 172-2, paragraph (1) or (2), or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (ii) that falls under Article 172-2, paragraph (1) to have occurred)
An issuer prescribed in Article 172-2, paragraph (4) or its officer, etc. prescribed in paragraph (2) of that Article the day on which the secondary distribution prescribed in Article 172, paragraph (3) pertaining to a prospectus that contains a false statement about a material particular prescribed in Article 172-2, paragraph (4) or omits a statement as to a material particular prescribed in that paragraph that is required to be stated was commenced Article 172-2, paragraph (1) as applied mutatis mutandis pursuant to paragraph (4) of that Article, Article 172-2, paragraph (2) as applied mutatis mutandis pursuant to paragraph (5) of that Article, or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (ii) that falls under Article 172-2, paragraph (1) as applied mutatis mutandis pursuant to paragraph (4) of that Article to have occurred)
An issuer prescribed in Article 172-2, paragraph (6) the day on which securities were caused to be acquired or were sold through a public offering or a secondary distribution prescribed in Article 172, paragraph (2) without submitting an amended offering disclosure document Article 172-2, paragraph (6)
An issuer prescribed in the paragraphs of Article 172-3 the respective submission deadlines for the annual securities report or the semiannual securities report (for the annual securities report under Article 24, paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article, and these provisions including as applied mutatis mutandis pursuant to Article 27), the day on which the grounds arose on which that annual securities report must be submitted) Article 172-3, paragraph (1) or (2), or Article 185-7, paragraph (4) or (5)
An issuer prescribed in Article 172-4, paragraph (1) or (2) the respective days of submission of the annual securities report, etc. or the semiannual securities or extraordinary report, etc. that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated Article 172-4, paragraph (1) or (2), or Article 185-7, paragraph (6), (7), or (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) to have occurred)
An issuer prescribed in Article 172-4, paragraph (3) the day on which the grounds arose on which an extraordinary report must be submitted Article 172-4, paragraph (2) as applied mutatis mutandis pursuant to paragraph (3) of that Article, or Article 185-7, paragraph (6) or (7)
A person prescribed in Article 172-5 the day on which, in violation of the provisions of Article 27-3, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2)), a purchase, etc. prescribed in Article 27-2, paragraph (1) or Article 27-22-2, paragraph (1) of the share certificates, etc. prescribed in Article 27-2, paragraph (1) or of listed share certificates, etc. was made without giving a public notice of the commencement of a tender offer Article 172-5
A person prescribed in Article 172-6, paragraph (1) the day on which a public notice of the commencement of a tender offer, etc. that contains a false indication of a material particular or omits an indication of a material particular that is required to be indicated was given, or the day on which a tender offer statement, etc. that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated was submitted Article 172-6, paragraph (1) or Article 185-7, paragraph (10)
A person prescribed in Article 172-6, paragraph (2) the submission deadline for the amended tender offer statement, etc. (for an amended statement under Article 27-8, paragraph (2) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2)) or an amendment report under Article 27-8, paragraph (2) as applied mutatis mutandis pursuant to Article 27-10, paragraph (12), the day on which the grounds arose on which each of those documents must be submitted) Article 172-6, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article, or Article 185-7, paragraph (10)
A person prescribed in Article 172-7 the submission deadline for the statement of large-volume holdings or changes Article 172-7 or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (vii) to have occurred)
A person prescribed in Article 172-8 the day on which a statement of large-volume holdings or changes, etc. that contains a false statement about a material particular or omits a statement as to a material particular that is required to be stated was submitted Article 172-8
A person prescribed in Article 172-9 the day on which the specified solicitation, etc. was commenced Article 172-9
An issuer prescribed in Article 172-10, paragraph (1) or its officer, etc. prescribed in Article 172-2, paragraph (2) the day on which specified information on securities, etc. that contains a falsehood, etc. was provided or publicized Article 172-10, paragraph (1) or (2), or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (x) to have occurred)
An issuer prescribed in Article 172-11, paragraph (1) the day on which information on the issuer, etc. that contains a falsehood, etc. was provided or publicized Article 172-11, paragraph (1), or Article 185-7, paragraph (12), (13), or (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi) to have occurred)
A specified involved person prescribed in Article 172-12, paragraph (1) the day on which the specified involvement act prescribed in Article 172-12, paragraph (2) was commenced Article 172-12, paragraph (1) or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi)-2 to have occurred)
A person prescribed in Article 172-13 the day on which any of the following was commenced: the public offering or secondary distribution of specified cryptoassets for which the publication of information on specified cryptoassets under the main clause of Article 27-39, paragraph (1) is required, or the general solicitation involving specified cryptoassets acquired by a qualified institutional investor for which the publication of information on specified cryptoassets under the main clause of paragraph (2) of that Article is required Article 172-13
A specified cryptoasset issuer prescribed in Article 172-14, paragraph (1) or its officers, etc. prescribed in paragraph (2) of that Article the day on which information on specified cryptoassets (including amended specified cryptoasset information, etc. related to that information on specified cryptoassets) that contains false information regarding a material particular or lacks information about a material particular that is required to be disclosed was published Article 172-14, paragraph (1) or (2), or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi)-4 that falls under Article 172-14, paragraph (1) to have occurred)
A financial instruments business operator prescribed in Article 172-15, paragraph (1) the day on which the handling of the public offering or secondary distribution of specified cryptoassets prescribed in Article 27-39, paragraph (4) was commenced Article 172-15, paragraph (1)
A financial instruments business operator prescribed in Article 172-15, paragraph (2) the day on which information on specified cryptoassets (including amended specified cryptoasset information, etc. related to that information on specified cryptoassets) that contains false information regarding a material particular or lacks information about a material particular that is required to be disclosed was published Article 172-15, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article, or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi)-5 that falls under Article 172-15, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article to have occurred)
A specified cryptoasset issuer prescribed in Article 172-16, paragraph (1) the time limit for publishing periodic information on specified cryptoassets (excluding amended specified cryptoasset information, etc. related to that periodic information on specified cryptoassets) Article 172-16, paragraph (1) or Article 185-7, paragraph (14) or (15)
A specified cryptoasset issuer prescribed in Article 172-16, paragraph (2) or (4) the day on which periodic information on specified cryptoassets or extraordinary information on specified cryptoassets that contains false information regarding a material particular or lacks information about a material particular that is required to be disclosed was published Article 172-16, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article or Article 172-16, paragraph (3) as applied mutatis mutandis pursuant to paragraph (4) of that Article, or Article 185-7, paragraph (14), (15), or (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi)-6 that falls under Article 172-16, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article or Article 172-16, paragraph (3) as applied mutatis mutandis pursuant to paragraph (4) of that Article to have occurred)
A specified cryptoasset issuer prescribed in Article 172-16, paragraph (3) the day on which the ground arose for publishing extraordinary information on specified cryptoassets (excluding amended specified cryptoasset information, etc. related to that extraordinary information on specified cryptoassets) Article 172-16, paragraph (3) or Article 185-7, paragraph (14) or (15)
A financial instruments business operator prescribed in Article 172-17, paragraph (1) the day on which services for purchase and sale, etc. of cryptoassets were commenced in respect of the specified cryptoasset related to the most recent specified cryptoasset information, etc. Article 172-17, paragraph (1)
A financial instruments business operator prescribed in Article 172-17, paragraph (2) or (3) the time limit for publishing the initial specified cryptoasset information or the latest specified cryptoasset information, etc. Article 172-17, paragraph (2) or (3)
A financial instruments business operator prescribed in Article 172-18, paragraph (1) the day on which services for purchase and sale, etc. of cryptoassets were commenced in respect of the specified cryptoasset related to the most recent specified cryptoasset information, etc. (including amended specified cryptoasset information, etc. related to that most recent specified cryptoasset information, etc.) that contains false information regarding a material particular Article 172-18, paragraph (1), or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi)-8 that falls under Article 172-18, paragraph (1) to have occurred)
A financial instruments business operator prescribed in Article 172-18, paragraph (2) or (3) the day on which the initial specified cryptoasset information or the latest specified cryptoasset information, etc. (including amended specified cryptoasset information, etc. related to that initial specified cryptoasset information or latest specified cryptoasset information, etc.) that contains false information regarding a material particular was published Article 172-18, paragraph (2) or (3), or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi)-8 that falls under Article 172-18, paragraph (2) or (3) to have occurred)
A financial instruments business operator prescribed in Article 172-19, paragraph (1) the day on which services for purchase and sale, etc. of cryptoassets were commenced in respect of the cryptoasset prescribed in Article 172-19, paragraph (1) Article 172-19, paragraph (1) or Article 185-7, paragraph (16) or (17)
A financial instruments business operator prescribed in Article 172-19, paragraph (2) the day on which services for purchase and sale, etc. of cryptoassets were commenced in respect of the cryptoasset related to cryptoasset information (including amended cryptoasset information, etc. related to that cryptoasset information) that contains false information regarding a material particular Article 172-19, paragraph (2) or Article 185-7, paragraph (16), (17), or (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi)-9 that falls under Article 172-19, paragraph (2) to have occurred)
A financial instruments business operator prescribed in Article 172-19, paragraph (3) or (5) the day on which the ground arose for publishing cryptoasset information or extraordinary cryptoasset information Article 172-19, paragraph (1) as applied mutatis mutandis pursuant to paragraph (3) or (5) of that Article, or Article 185-7, paragraph (16) or (17)
A financial instruments business operator prescribed in Article 172-19, paragraph (4) or (6) the day on which cryptoasset information or extraordinary cryptoasset information (including amended cryptoasset information, etc. related to that cryptoasset information or extraordinary cryptoasset information) that contains false information regarding a material particular was published Article 172-19, paragraph (2) as applied mutatis mutandis pursuant to paragraph (4) or (6) of that Article, or Article 185-7, paragraph (16), (17), or (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xi)-9 that falls under Article 172-19, paragraph (2) as applied mutatis mutandis pursuant to paragraph (4) or (6) of that Article to have occurred)
A violator prescribed in Article 173, paragraph (1) the day on which the violation prescribed in Article 173, paragraph (1) was commenced Article 173, paragraph (1)
A violator prescribed in Article 174, paragraph (1) the day on which the violation prescribed in Article 174, paragraph (1) was commenced Article 174, paragraph (1)
A violator prescribed in Article 174-2, paragraph (1) the day on which the violation prescribed in Article 174-2, paragraph (1) was commenced Article 174-2, paragraph (1)
A violator prescribed in Article 174-2-2, paragraph (1) the day on which the violation prescribed in Article 174-2-2, paragraph (2) was commenced Article 174-2-2, paragraph (1)
A violator prescribed in Article 174-3, paragraph (1) the day on which the violation prescribed in Article 174-3, paragraph (1) was commenced Article 174-3, paragraph (1)
A person prescribed in Article 175, paragraph (1), a person prescribed in paragraph (2) of that Article, or a listed company, etc. prescribed in paragraph (10) of that Article the day on which the purchase and sale, etc. prescribed in Article 166, paragraph (1) was conducted, or the day on which the purchase, etc. of the specified share certificates, etc. or related share certificates, etc. prescribed in Article 167, paragraph (1), or the sale, etc. of the share certificates, etc. prescribed in that paragraph, was conducted Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (10) of that Article) or paragraph (2) of that Article, or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xvi) to have occurred)
A violator prescribed in Article 175-2, paragraph (1), a violator prescribed in paragraph (2) of that Article, a listed company, etc. prescribed in paragraph (14) of that Article, or a tender offeror, etc. prescribed in paragraph (15) of that Article the day on which the violation prescribed in Article 175-2, paragraph (1) or (2), or the specified act of providing information, etc. prescribed in paragraph (14) or (15) of that Article was conducted Article 175-2, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (14) of that Article) or paragraph (2) of that Article (including as applied mutatis mutandis pursuant to paragraph (15) of that Article), or Article 185-7, paragraph (18) or (19)
A person prescribed in Article 175-3, paragraph (1), a person prescribed in paragraph (2) of that Article, a person prescribed in paragraph (3) of that Article, a specified cryptoasset issuer prescribed in paragraph (12) of that Article, or a financial instruments business operator prescribed in paragraph (13) of that Article the day on which the purchase and sale, etc. of the subject specified cryptoassets, etc. (meaning the purchase and sale, etc. prescribed in Article 171-7, paragraph (1); hereinafter the same applies in this table) was conducted, the day on which the purchase and sale, etc. of the subject cryptoassets, etc. was conducted, or the day on which the sale, etc. of cryptoassets, etc. or the purchase, etc. of cryptoassets, etc. prescribed in Article 171-9, paragraph (1) was conducted Article 175-3, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (12) of that Article), paragraph (2) of that Article (including as applied mutatis mutandis pursuant to paragraph (13) of that Article), or paragraph (3) of that Article, or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xviii) to have occurred)
A violator prescribed in Article 175-4, paragraph (1), a violator prescribed in paragraph (2) of that Article, a violator prescribed in paragraph (3) of that Article, a specified cryptoasset issuer prescribed in paragraph (19) of that Article, a financial instruments business operator prescribed in paragraph (20) of that Article, or a large-volume trader prescribed in paragraph (21) of that Article the day on which the violation prescribed in Article 175-4, paragraphs (1) through (3), or the specified act of providing information, etc. prescribed in paragraphs (19) through (21) of that Article was conducted Article 175-4, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (19) of that Article), paragraph (2) of that Article (including as applied mutatis mutandis pursuant to paragraph (20) of that Article), or paragraph (3) of that Article (including as applied mutatis mutandis pursuant to paragraph (21) of that Article), or Article 185-7, paragraph (20) or (21)
A person prescribed in Article 175-5 the day on which it allowed another person to use its name, or provided funds, with regard to the violation, etc. prescribed in Article 175-5 Article 175-5 or Article 185-7, paragraph (22) (limited to a case where the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xx) to have occurred)
NotwithstandingIf the provisions of Prime Minister is required to issue one or more decisions pursuant to paragraph (24), if, at 1) (but only if the time of Prime Minister finds the decision referred tofact set forth in Article 178, paragraph (1) (limited to a decision connected with any of Article 178, item (iv), (xi), or (xi)-6 to have occurred), paragraph (6), paragraph (17), items (xiiparagraphs (12) through (xvi)15), paragraph (1622) (but only if the Prime Minister finds athe fact set forth in any of Article 178, paragraph (1), items (xii) through (xvi)item (iv), (xi), or (xi)-6 to have occurred) and paragraph (17) ; hereinafter the same applies in this paragraph), or the preceding paragraph (but only if the Prime Minister finds athe fact set forth in any of Article 178, paragraph (1), items (xii) through (xvi)item (iv), (xi), or (xi)-6 to have occurred; hereinafter the same applies in this paragraph), prosecution has been instituted and a final and binding judicial decision for the same case and that case is still pending before imposes a fine on the respondent, in lieu of the court, the decision comes into effect once the judicial decision in that case becomes final and binding; provided, however, amount specified in Article 172-4, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article; hereinafter the same applies in this paragraph), Article 172-11, paragraph (1), or Article 172-16, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (2) of that if Article; hereinafter the final and binding judicial decision in same applies in this paragraph) or paragraph (3) of that case imposes the confiscation Article (including as applied mutatis mutandis pursuant to paragraph (4) of the properties set forth that Article; hereinafter the same applies in the items ofthis paragraph), or Article 198-2185-7, paragraph (1) 6), (7), (12) through (15), (22), or the collection ofpreceding paragraph, the value of Prime Minister must issue an order for the properties set forth in relevant person to pay an administrative monetary penalty to the items of Article 198-2, paragraph (1) against national treasury that is equivalent to the amount arrived at when the amount specified in item (ii) is deducted from the person amount specified in item (i), and the difference is then proportionally divided in parallel with the amount calculated for each decision in respect of the facts subject to those one or more decisions, pursuant to the decision, provisions of Cabinet Office Order; provided, however, that unless the decision comes into effect once amount specified in item (i) exceeds the electronic or magnetic record concerning a disposition for changes amount specified in item (ii), the Prime Minister may not issue an administrative monetary penalty payment order under Article 172-4, paragraph (7) of the following 1) or (2), Article 172-11, paragraph (1), or Article is served.172-16, paragraph (1) or (3), or Article 185-7, paragraph (6), (7), (12) through (15), (22), or the preceding paragraph:
the sum total of the amounts calculated pursuant to the provisions of Article 172-4, paragraph (1) or (2), Article 172-11, paragraph (1), or Article 172-16, paragraph (1) or (3), or Article 185-7, paragraph (6), (7), (12) through (15), (22), or the preceding paragraph, in respect of the facts subject to those one or more decisions;
The provisions of In the case referred to in paragraph (1) (but only if the main clause of Prime Minister finds a fact set forth in Article 178, paragraph (1), items (xii) through (xvi) or (xviii) to have occurred), paragraph (22) (but only if the Prime Minister finds the fact set forth in Article 178, paragraph (1), item (xvi) or (xviii) to have occurred; hereinafter the same applies in this paragraph), or paragraph (25) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), items (xii) through (xvi) or (xviii) to have occurred; hereinafter the same applies in this paragraph), if the final and binding judicial decision in the main clause same case imposes on the respondent a confiscation of the preceding properties set forth in the items of Article 198-2, paragraph do not apply if (1) or the collection of the electronic or magnetic record value of the properties set forth in respect the items of Article 198-2, paragraph (1), in lieu of the decision referred toamount set forth in paragraphs Article 173, paragraph (1), (6Article 174, paragraph (1), (7Article 174-2, paragraph (1), (Article 174-2-2, paragraph (1), Article 174-3, paragraph (1), Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (10) of that Article) or paragraph (2) of that Article, Article 175-3, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (12), ( of that Article), paragraph (2) of that Article (including as applied mutatis mutandis pursuant to paragraph (13), (16 of that Article) or paragraph (3) of that Article, or Article 185-7, paragraph (22) or (17) 25), the Prime Minister must issue an order for the relevant person to pay an administrative monetary penalty to the national treasury in an amount after the amount equivalent to the properties set forth in the items of Article 198-2, paragraph (1) whose confiscation is not served as ordered in that judicial decision, or the amount equivalent to the value of the time properties set forth in the items of Article 198-2, paragraph (1) whose collection is ordered in that judicial decision (or, if both the confiscation of the properties set forth in the same case becomes final items of Article 198-2, paragraph (1) and bindingthe collection of the value of the properties set forth in the items of Article 198-2, paragraph (1) are ordered in that judicial decision, this means the sum of the amount equivalent to the properties set forth in the items of Article 198-2, paragraph (1) whose confiscation is ordered in that judicial decision and the amount equivalent to the value of the properties set forth in the items of Article 198-2, paragraph (1) whose collection is ordered in that judicial decision; hereinafter referred to as the "amount equivalent to confiscated properties, etc." in this paragraph), is deducted from the relevant of those amounts; provided, however, that unless the amount set forth in Article 173, paragraph (1), Article 174, paragraph (1), Article 174-2, paragraph (1), Article 174-2-2, paragraph (1), Article 174-3, paragraph (1), Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (10) of that Article) or paragraph (2) of that Article, Article 175-3, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (12) of that Article), paragraph (2) of that Article (including as applied mutatis mutandis pursuant to paragraph (13) of that Article) or paragraph (3) of that Article, or Article 185-7, paragraph (22) or (25) exceeds the amount equivalent to confiscated properties, etc., the Prime Minister may not order payment of an administrative monetary penalty under those provisions.
The provisions ofIf, after the proviso to paragraph (25) do not apply if the electronic or magnetic record in respect of the decision referred to inconclusion of trial procedures, the Prime Minister finds no fact to have occurred that falls under an item of Article 178, paragraph (1) (limited to, or in a decision connected with Article 178,case to which paragraph (13), item (iv) or (xi)),the proviso to paragraph (65), the proviso to paragraph (7), paragraph (12), the proviso to paragraph (139), paragraph (16) (but only if11), the Prime Minister finds a fact set forth in Article 178,proviso to paragraph (113), item (iv) or (xi) to have occurred) orthe proviso to paragraph (15), the proviso to paragraph (17) (but only if, the Prime Minister finds a fact set forth in Article 178,proviso to paragraph (126), item (iv) or (xi) to have occurred) is not served as of the time thatthe proviso to the preceding paragraph is applicable, the electronic or magnetic record concerningPrime Minister must issue a disposition for changes under paragraph (6)decision that gives a clear indication of the following Article is servedthis.
The provisions of the proviso to paragraph (26) do not apply if the electronic or magnetic record in respect of theA decision referred to in paragraphparagraphs (1) (limited to a decision connected with Article 178, paragraph (1, (2), items (xii(4) through (xvi)10), paragraph (16) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1(12) through (22), items (xii) through (xviand (25) to have occurred), orthe preceding paragraph (17) (but only if must be issued based on the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), items (xii) through (xvi) to have occurred) is not served as of the time thatdraft decision submitted by a trial examiner pursuant to the provisions of the preceding Article. In this case, the Prime Minister must, as provided by Cabinet Office Order, record the electronic or magnetic record concerning a disposition for changes under paragraph (7) ofpertaining to that decision in the following Article is servedfile.
Notwithstanding the provisions of paragraph (23), inThe electronic or magnetic record pertaining to the case referred todecision prescribed in the main clause of paragraph (25) or preceding paragraph must record the facts found by the main clause Prime Minister and the application of paragraph (26), the due date laws and regulations to those facts (for the payment of an administrative monetary penalty is the day on which two months have elapsed sincea decision under paragraph (1), (2), (4) through (10), (12) through (22), or (25) through (27), including the day on whichbasis for the judicial decision incalculation of the case becomes finaladministrative monetary penalty and bindingthe due date of payment).
Notwithstanding the provisionsThe due date of paragraph (23), in the casepayment as referred to in the proviso to paragraph (25) or the proviso topreceding paragraph (26), the due date for the payment of an administrative monetary penalty is the day on which two months have elapsed since the daydate on which, with regard to the electronic or magnetic record concerning a disposition provided for in that paragraph (limited to one for changes a decision under the provisions of paragraph (6) or (7) of the following Articleparagraphs (1), (2), (4) through (10), (12) through (22), and (25) through (27)), a document under the provisions of Article 185-10-2 is dispatchedissued or a notice under the provisions of Article 109-2, paragraph (1), main text of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 185-10 is dispatchedissued.
If the amount of an administrative monetary penalty calculated pursuant to the provisions ofA decision provided for in paragraph (2), paragraphs (4) through (10), and paragraphs (12)29) becomes effective through (18), includes an amount that is less than one yen,the service of the electronic or magnetic record related to the amount is rounded down todecision on the nearest one yenrespondent.
The term "business year subject Notwithstanding the provisions of the preceding paragraph, if, at the time of the decision referred to disclosure" in paragraph (1) (limited to a decision connected with Article 178, paragraph (1), item (iv), (xi), or (xi)-6) or a decision as used referred to in paragraphs (4) throughparagraph (6), paragraph (7), and paragraphs (12) and (13) means through (15), paragraph (22) (but only if the business year specified Prime Minister finds a fact set forth in the relevant of the following items for the category of documents Article 178, paragraph (1), item (iv), (xi), or (xi)-6 to have occurred), or information paragraph (25) (but only if the Prime Minister finds a fact set forth in that Article 178, paragraph (1), item: (iv), (xi), or (xi)-6 to have occurred), prosecution has been instituted for the same case and that case is still pending before the court, the decision comes into effect once the judicial decision in that case becomes final and binding; provided, however, that if the final and binding judicial decision in that case imposes a fine on the person subject to the decision, the decision comes into effect once the electronic or magnetic record concerning a disposition for changes under the provisions of paragraph (6) of the following Article is served.
an annual securities report or accompanying document under Article 24, paragraph (1) or (3) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article, and also including as applied mutatis mutandis pursuant to Article 27) or Article 24, paragraph (6) (including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or any amended report in connection with the same:the business year of the annual securities report or accompanying document;
a semiannual securities report under Article 24-5, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article, and also including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-5, paragraph (5) (including as applied mutatis mutandis pursuant to Article 27) or any amended report in connection with the same:the business year that includes the period to which that semiannual securities report pertains;
an extraordinary report under Article 24-5, paragraph (4) (including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-5, paragraph (5) (including as applied mutatis mutandis pursuant to Article 27) or any amended report in connection with the same:the business year that includes the day on which the extraordinary report was submitted; and
第百八十五条の七第三十三項第四号(課徴金の納付命令の決定等)削除
発行者情報及びその訂正発行者情報 当該発行者情報に係る事業年度
the information on the issuer or any amended information on the issuer in connection with the same:the business year for the relevant information on the issuer.
Notwithstanding the provisions of paragraph (32), if, at the time of the decision referred to in paragraph (1) (limited to a decision connected with any of Article 178, paragraph (1), items (xii) through (xvi) or item (xviii)), paragraph (22) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xvi) or (xviii) to have occurred) and paragraph (25) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), items (xii) through (xvi) or item (xviii) to have occurred), prosecution has been instituted for the same case and that case is still pending before the court, the decision comes into effect once the judicial decision in that case becomes final and binding; provided, however, that if the final and binding judicial decision in that case imposes the confiscation of the properties set forth in the items of Article 198-2, paragraph (1) or the collection of the value of the properties set forth in the items of Article 198-2, paragraph (1) against the person subject to the decision, the decision comes into effect once the electronic or magnetic record concerning a disposition for changes under paragraph (7) of the following Article is served.
The provisions of the main clause of paragraph (33) and the main clause of the preceding paragraph do not apply if the electronic or magnetic record in respect of the decision referred to in paragraphs (1), (6), (7), (12) through (15), (22) or (25) is not served as of the time the judicial decision in the same case becomes final and binding.
The provisions of the proviso to paragraph (33) do not apply if the electronic or magnetic record in respect of the decision referred to in paragraph (1) (limited to a decision connected with Article 178, paragraph (1), item (iv), (xi), or (xi)-6), paragraph (6), paragraph (7), paragraphs (12) through (15), paragraph (22) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv), (xi), or (xi)-6 to have occurred) or paragraph (25) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv), (xi), or (xi)-6 to have occurred) is not served as of the time that the electronic or magnetic record concerning a disposition for changes under paragraph (6) of the following Article is served.
The provisions of the proviso to paragraph (34) do not apply if the electronic or magnetic record in respect of the decision referred to in paragraph (1) (limited to a decision connected with Article 178, paragraph (1), items (xii) through (xvi) or item (xviii)), paragraph (22) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (xvi) or (xviii) to have occurred), or paragraph (25) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), items (xii) through (xvi) or item (xviii) to have occurred) is not served as of the time that the electronic or magnetic record concerning a disposition for changes under paragraph (7) of the following Article is served.
Notwithstanding the provisions of paragraph (31), in the case referred to in the main clause of paragraph (33) or the main clause of paragraph (34), the due date for the payment of an administrative monetary penalty is the day on which two months have elapsed since the day on which the judicial decision in the case becomes final and binding.
Notwithstanding the provisions of paragraph (31), in the case referred to in the proviso to paragraph (33) or the proviso to paragraph (34), the due date for the payment of an administrative monetary penalty is the day on which two months have elapsed since the day on which, with regard to the electronic or magnetic record concerning a disposition for changes under the provisions of paragraph (6) or (7) of the following Article, a document under the provisions of Article 185-10-2 is dispatched or a notice under the provisions of Article 109-2, paragraph (1), main text of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 185-10 is dispatched.
If the amount of an administrative monetary penalty calculated pursuant to the provisions of paragraph (2), paragraphs (4) through (10), paragraphs (12) through (22), and paragraphs (25) and (26), includes an amount that is less than one yen, the amount is rounded down to the nearest one yen.
The term "business year subject to disclosure" as used in paragraphs (4) through (7), and paragraphs (12) and (13) means the business year specified in the relevant of the following items for the category of documents or information set forth in that item:
an annual securities report or accompanying document under Article 24, paragraph (1) or (3) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article, and also including as applied mutatis mutandis pursuant to Article 27) or Article 24, paragraph (6) (including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27), or any amended report in connection with the same:the business year of the annual securities report or accompanying document;
a semiannual securities report under Article 24-5, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article, and also including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-5, paragraph (5) (including as applied mutatis mutandis pursuant to Article 27) or any amended report in connection with the same:the business year that includes the period to which that semiannual securities report pertains;
an extraordinary report under Article 24-5, paragraph (4) (including as applied mutatis mutandis pursuant to Article 27), as well as under Article 7,paragraph (1), Article 9, paragraph (1), or Article 10, paragraph (1) as applied mutatis mutandis pursuant to Article 24-5, paragraph (5) (including as applied mutatis mutandis pursuant to Article 27) or any amended report in connection with the same:the business year that includes the day on which the extraordinary report was submitted; and
第百八十五条の七第四十一項第四号(課徴金の納付命令の決定等)新設
発行者情報及びその訂正発行者情報 当該発行者情報に係る事業年度
the information on the issuer or any amended information on the issuer in connection with the same:the business year for the relevant information on the issuer.
The term "business year subject to publication" in paragraphs (14) and (15) means the business year specified in the relevant of the following items for the category of information set forth in that item.
第百八十五条の七第四十二項第一号(課徴金の納付命令の決定等)新設
特定暗号資産定期情報 当該特定暗号資産定期情報に係る事業年度
periodic information on specified cryptoassets: the business year relating to that periodic information on specified cryptoassets;
第百八十五条の七第四十二項第二号(課徴金の納付命令の決定等)新設
特定暗号資産臨時情報 当該特定暗号資産臨時情報を公表した日の属する事業年度
extraordinary information on specified cryptoassets: the business year that includes the day on which that extraordinary information on specified cryptoassets was disclosed.
The term "duration of the violation" in paragraphs (16) and (17) means the period specified in the relevant of the following items for the category of facts set forth in that item.
a fact that falls under Article 172-19, paragraph (1): the period from the time at which the services for purchase and sale, etc. of cryptoassets were started for the cryptoasset prescribed in that paragraph to the time at which the cryptoasset information relating to that cryptoasset was disclosed (if the specified cryptoasset issuer of that cryptoasset has disclosed the information on specified cryptoassets relating to that cryptoasset, the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-39, paragraph (4), or the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-53, paragraph (2) or the time limit by which that information on specified cryptoassets should be disclosed pursuant to the provisions of that paragraph, whichever is earlier);
a fact that falls under Article 172-19, paragraph (2): the period from the time at which the services for purchase and sale, etc. of cryptoassets were started for the cryptoasset relating to the cryptoasset information (including the amended cryptoasset information, etc. relating to that cryptoasset information) that contains false information regarding the material particular prescribed in that paragraph to the time at which the amended cryptoasset information, etc. relating to the cryptoasset information that contains false information regarding that material particular was disclosed (if the specified cryptoasset issuer of that cryptoasset has disclosed the information on specified cryptoassets relating to that cryptoasset, the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-39, paragraph (4), or the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-53, paragraph (2) or the time limit by which that information on specified cryptoassets should be disclosed pursuant to the provisions of that paragraph, whichever is earlier);
a fact that falls under Article 172-19, paragraph (1) as applied mutatis mutandis pursuant to paragraph (3) of that Article: the period from the time at which a disposition under the provisions of Article 27-68, paragraph (1) was first taken against a financial instruments business operator for the act of not disclosing the cryptoasset information prescribed in Article 172-19, paragraph (1) as applied mutatis mutandis pursuant to paragraph (3) of that Article to the time at which that cryptoasset information was disclosed (if the specified cryptoasset issuer of that cryptoasset has disclosed the information on specified cryptoassets relating to that cryptoasset, the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-39, paragraph (4), or the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-53, paragraph (2) or the time limit by which that information on specified cryptoassets should be disclosed pursuant to the provisions of that paragraph, whichever is earlier);
a fact that falls under Article 172-19, paragraph (2) as applied mutatis mutandis pursuant to paragraph (4) of that Article: the period from the time at which the cryptoasset information (including the amended cryptoasset information, etc. relating to that cryptoasset information) that contains false information regarding the material particular prescribed in paragraph (2) of that Article as applied mutatis mutandis pursuant to paragraph (4) of that Article was disclosed to the time at which the amended cryptoasset information, etc. relating to the cryptoasset information that contains false information regarding that material particular was disclosed (if the specified cryptoasset issuer of that cryptoasset has disclosed the information on specified cryptoassets relating to that cryptoasset, the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-39, paragraph (4), or the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-53, paragraph (2) or the time limit by which that information on specified cryptoassets should be disclosed pursuant to the provisions of that paragraph, whichever is earlier);
a fact that falls under Article 172-19, paragraph (1) as applied mutatis mutandis pursuant to paragraph (5) of that Article: the period from the time at which a disposition under the provisions of Article 27-68, paragraph (1) was first taken against a financial instruments business operator for the act of not disclosing the extraordinary cryptoasset information prescribed in Article 172-19, paragraph (1) as applied mutatis mutandis pursuant to paragraph (5) of that Article to the time at which that extraordinary cryptoasset information was disclosed (if the specified cryptoasset issuer of that cryptoasset has disclosed the information on specified cryptoassets relating to that cryptoasset, the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-39, paragraph (4), or the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-53, paragraph (2) or the time limit by which that information on specified cryptoassets should be disclosed pursuant to the provisions of that paragraph, whichever is earlier);
a fact that falls under Article 172-19, paragraph (2) as applied mutatis mutandis pursuant to paragraph (6) of that Article: the period from the time at which the extraordinary cryptoasset information (including the amended cryptoasset information, etc. relating to that extraordinary cryptoasset information) that contains false information regarding the material particular prescribed in paragraph (2) of that Article as applied mutatis mutandis pursuant to paragraph (6) of that Article was disclosed to the time at which the amended cryptoasset information, etc. relating to the extraordinary cryptoasset information that contains false information regarding that material particular was disclosed (if the specified cryptoasset issuer of that cryptoasset has disclosed the information on specified cryptoassets relating to that cryptoasset, the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-39, paragraph (4), or the time at which that information on specified cryptoassets was disclosed pursuant to the provisions of Article 27-53, paragraph (2) or the time limit by which that information on specified cryptoassets should be disclosed pursuant to the provisions of that paragraph, whichever is earlier).