Before rendering any of the following dispositions against a financial instruments business operator, etc., an authorized firm for on-exchange transactions, a financial instruments exchange holding company, or a financial instruments exchange, the Prime Minister is to notify the Minister with jurisdiction over the commodity market:
giving an order under Article 52, paragraph (1), Article 52-2, paragraph (1), or Article 60-8, paragraph (1) (limited to an order given on the grounds that a violation of Cabinet Office Order under the provisions of Article 161, paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article specifying the particulars concerning commodity-related market derivatives transactions has been committed);
the rescission of the authorization referred to in Article 106-10, paragraph (1) or the authorization referred to in the proviso to paragraph (3) of that Article under the provisions of Article 106-26 or Article 106-28, paragraph (1) (limited to the authorization of a financial instruments exchange holding company that has a company that performs the business of operating the necessary market for conducting commodity futures transactions (hereinafter referred to as "business related to a commodity market" in this Article) as its subsidiary company (meaning a subsidiary company prescribed in Article 87-3, paragraph (3); the same applies in item (iv)));
the rescission of the authorization referred to in the proviso to Article 106-24, paragraph (1) under the provisions of Article 106-28, paragraph (1) (limited to the authorization of a company that performs business related to a commodity market);
the rescission of the license referred to in Article 80, paragraph (1) under the provisions of Article 148 or Article 152, paragraph (1), item (i) (limited to the license of a financial instruments exchange that has obtained the authorization referred to in the proviso to Article 87-2, paragraph (1) (limited to the authorization for business related to a commodity market) or a financial instruments exchange that has a company that performs business related to a commodity market with the authorization referred to in the proviso to Article 87-3, paragraph (1) as its subsidiary company);
the rescission of the authorization referred to in the proviso to Article 87-2, paragraph (1) under the provisions of Article 152, paragraph (1), item (iii) (limited to the authorization for business related to a commodity market);
the rescission of the authorization referred to in the proviso to Article 87-3, paragraph (1) under the provisions of Article 152, paragraph (1), item (iv) (limited to the authorization of a company engaged in business related to a commodity market);
giving an order under Article 153-5 (limited to one issued on the grounds that a commodity trading participant has violated the Cabinet Office Order under the provisions of Article 161, paragraph (3)).
第百九十四条の七
(金融庁長官への権限の委任)Delegation of Authority to the Commissioner of the Financial Services Agency
The Prime Minister is to delegate the authority under this Act to the Commissioner of the Financial Services Agency (excluding the authority specified by Cabinet Order).
Among the authority delegated to the Commissioner of the Financial Services Agency pursuant to the provisions of the preceding paragraph, the Commissioner is to delegate the following authority to the Securities and Exchange Surveillance Commission (hereinafter referred to as the "Commission" in this Article and the following Article); provided, however, that this does not preclude the Commissioner of the Financial Services Agency from personally exercising the authority to give an order to submit reports or materials:
the authority under the provisions of Article 56-2, paragraph (1), (3), or (4) (limited to the authority in connection with provisions specified by Cabinet Order as those for securing fairness in purchase and sales and other transactions of securities or in derivatives transactions, etc.);
the authority under the provisions of Article 60-11 (including as applied mutatis mutandis pursuant to Article 60-14, paragraph (2)) (limited to the authority in connection with the provisions specified by Cabinet Order as those for securing fairness in purchase and sales and other transactions of securities or in derivatives transactions, etc.);
the authority under the provisions of Article 63-6 (including as applied mutatis mutandis pursuant to Article 63-3, paragraph (2)) (limited to the authority in connection with the provisions specified by Cabinet Order as those for securing fairness in the acts set forth in the items of Article 63, paragraph (1));
the authority under the provisions of Article 63-14 (including as applied mutatis mutandis pursuant to Article 63-11, paragraph (2)) (limited to the authority in connection with the provisions specified by Cabinet Order as those for securing fairness in the acts set forth in the items of Article 63-8, paragraph (1));
the authority under the provisions of Article 66-22 (limited to the authority in connection with the provisions specified by Cabinet Order as those for securing fairness in the acts set forth in Article 2, paragraph (11), itemsitem (i), (a) through (iiic));
the authority under the provisions of Article 66-45, paragraph (1) (limited to the authority in connection with the provisions specified by Cabinet Order as those for securing fairness in the acts provided for in Article 2, paragraph (35));
the authority under the provisions of Article 66-67 (limited to the authority in connection with the provisions specified by Cabinet Order as those for securing fairness in the acts set forth in the items of Article 2, paragraph (41));
the authority under the provisions of Article 75 (limited to the authority over the business specified by Cabinet Order as the business of an authorized financial instruments firms association in connection with securing fairness in purchase and sales and other transactions of securities and in derivatives transactions, etc.);
the authority under the provisions of Article 79-4 (limited to the authority over the business specified by Cabinet Order as the business of a certified financial instruments business association in connection with securing fairness in purchase and sales and other transactions of securities and in derivatives transactions, etc.);
the authority under the provisions of Article 151 (including as applied mutatis mutandis pursuant to Article 153-4) (limited to the authority over the business specified by Cabinet Order as the business of a financial instruments exchange or a self-regulatory organization provided for in Article 85, paragraph (1), in connection with securing fairness in purchase and sales of securities and market derivatives transactions on a financial instruments exchange);
the authority under the provisions of Article 155-9 (limited to the authority over the business specified by Cabinet Order as the business of a foreign financial instruments exchange in connection with securing fairness in foreign market transactions);
第百九十四条の七第二項第八号(金融庁長官への権限の委任)
第百七十七条の規定による権限
the authority under the provisions of Article 177; and
Among the authority delegated to the Commissioner of the Financial Services Agency pursuant to the provisions of paragraph (1) (other than authority delegated to the Commission pursuant to the preceding two paragraphs), the Commissioner is to delegate the following authority to the Commission; provided, however, that this does not preclude the Commissioner of the Financial Services Agency from personally exercising that authority:
第百九十四条の七第四項第一号(金融庁長官への権限の委任)
第百八十七条の規定による権限(次号に掲げる権限に係るものに限る。)
the authority under the provisions of Article 187 (limited to that related to the authority set forth in the following item); and
If the Commission exercises authority delegated to it pursuant to the provisions of the preceding two paragraphs, it is to promptly report the results of this to the Commissioner of the Financial Services Agency.
The Commissioner of the Financial Services Agency may delegate a part of the authority delegated to them pursuant to the provisions of paragraph (1) (other than authority delegated to the Commission pursuant to the provisions of paragraphs (2) through (4)) to the Director-General of a Local Finance Bureau or the Director-General of a Local Finance Branch Bureau, pursuant to the provisions of Cabinet Order.
The Commission may delegate a part of the authority delegated to it pursuant to the provisions of paragraphs (2) through (4) to the Director-General of a Local Finance Bureau or the Director-General of a Local Finance Branch Bureau, pursuant to the provisions of Cabinet Order.
The Commission guides and supervises the affairs related to the authority that is delegated to the Director-General of the Local Finance Bureau or the Director-General of the Local Finance Branch Bureau pursuant to the provisions of the preceding paragraph.
A request for review that concerns an order to submit reports or materials that the Commission issues pursuant to paragraph (2) or (3) of the preceding Article (including an order that the Director-General of a Local Finance Bureau or the Director-General of a Local Finance Branch Bureau issues pursuant to the provisions of paragraph (7) of that Article) may only be filed to the Commission.
If an order is enacted, amended, or repealed based on the provisions of this Act, any required transitional measures (including transitional measures for penal provisions) may be prescribed by that order, to the extent that is considered to be reasonably necessary for the enactment, amendment, or repeal of that order.