If the Prime Minister or the Prime Minister and the Minister of Finance seek to have relevant officials conduct a hearing pursuant to the provisions of this Act, but the person subject to the hearing fails to comply without just cause for doing so, the Prime Minister or the Prime Minister and the Minister of Finance may issue the disposition prescribed in the relevant provisions without having the hearing conducted.
When the Prime Minister or the Prime Minister and the Minister of Finance issue a notice to a person to which they seek to have the relevant officials conduct a hearing, the Prime Minister or the Prime Minister and the Minister of Finance must expressly indicate the subject matter and date of the hearing in that notice.
Hearings are opened to the public; provided, however, that this does not apply if the person subject to the hearing requests that the hearing be closed to the public (but only if it is found that there are reasonable grounds for closing the hearing to the public), or if this is found to be necessary in the public interest.
When the Prime Minister or the Prime Minister and the Minister of Finance have the relevant officials conduct a hearing pursuant to the provisions of this Act, the Prime Minister or the Prime Minister and the Minister of Finance must create a record of this and preserve the record for 10 years.
Hearings involving a disposition under the provisions of this Act are opened to the public; provided, however, that this does not apply if the person subject to the hearing requests that the hearing be closed to the public (but only if it is found that there are reasonable grounds for closing the hearing to the public), or if this is found to be necessary in the public interest.
第百八十七条
(審問等に関する調査のための処分)Dispositions for Investigations Involving Hearings
The Prime Minister or the Prime Minister and the Minister of Finance may have the relevant officials render the following dispositions for the purpose of conducting the investigations necessary for a hearing under the provisions of this Act, a hearing involving a disposition under the provisions of this Act, or a petition under the provisions of Article 192:
The Prime Minister or the Prime Minister and Minister of Finance may make inquiries to public offices or public or private organizations and request them to report necessary particulars with regard to the investigation under the preceding paragraph.
第百八十八条
(金融商品取引業者の業務等に関する書類の作成、保存及び報告の義務)Obligation to Prepare, Preserve, and Report Documents Related to the Business of Financial Instruments Business Operators
Except as otherwise prescribed in this Act, a specified non-financial information audit certification provider, certified specified non-financial information audit certification business association under Article 26-29, paragraph (2), a financial instruments business operator, etc., designated parent company, notifier of specially permitted services, notifier of specially permitted services for foreign investors, etc., financial instruments intermediary service provider, credit rating agency, high-speed trader, investment management-related services contractor, cryptoasset management-related service provider, authorized financial instruments firms association, certified financial instruments business association under Article 78, paragraph (2), investor protection fund, financial instruments exchange or its member, etc., a self-regulatory organization under Article 85, paragraph (1), financial instruments exchange holding company, foreign financial instruments exchange or the participant in a foreign financial instruments exchange, a financial instruments clearing organization or its clearing member, a foreign financial instruments clearing organization or its clearing member, a securities finance company, designated dispute resolution organization provided for in Article 156-38, paragraph (1), trade repository, or specified financial index administrator must prepare and preserve the books, statements, correspondence, payment slips, and other documents concerning their business, or submit reports on their business, pursuant to the provisions of Cabinet Office Order (or, with regard to an investor protection fund, pursuant to the provisions of Cabinet Office Order and Ministry of Finance Order).
第百八十九条
(外国金融商品取引規制当局に対する調査協力)Providing Investigatory Cooperation to a Foreign Regulatory Authority for Financial Instruments
If the Prime Minister receives a request for cooperation from the foreign authority that is responsible for the enforcement of a foreign law or regulation that is equivalent to this Act (hereinafter referred to as a "foreign regulatory authority for financial instruments" in this Article) concerning an administrative investigation it conducts in order to enforce the laws and regulations under its jurisdiction, and the Prime Minister finds it to be appropriate to accommodate the request, the Prime Minister may require a person conducting a purchase and sale or other transaction of securities or crypto-and other assets or a derivatives transaction with a person residing in the foreign country, or any other concerned party or witness, to appear, may have the relevant officials question them, or may order them to report or submit materials that should serve as a reference, to the extent that is necessary and appropriate for accommodating the request.
第二項
内閣総理大臣は、次の各号のいずれかに該当する場合には、前項の規定による処分をすることができない。
The Prime Minister may not make the disposition referred to in the preceding paragraph in a case that falls under any of the following items:
一
我が国が行う同種の要請に応ずる旨の当該外国金融商品取引規制当局の保証がないとき。
the foreign regulatory authority for financial instruments has not given its assurance that the authority will accommodate similar requests from Japan;
it is found that if the disposition is made based on the request by the foreign regulatory authority for financial instruments, it is likely to have an adverse material impact on the capital market or to otherwise be detrimental to Japan's national interests; or
it is found that there is a risk of the statement taken, or the report or materials submitted, pursuant to the disposition under the preceding paragraph being used at the foreign regulatory authority for financial instruments other than for a purpose that contributes to the execution of its duties.
If the request for cooperation referred to in paragraph (1) is made for the purpose of an administrative disposition (limited to one that restricts the right of the person subject to the disposition or that imposes a duty on that person) by the foreign regulatory authority for financial instruments based on a foreign law or regulation that is equivalent to this Act, the Prime Minister is to consult with the Minister of Foreign Affairs before accommodating the request.
Appropriate measures must be taken in respect of a statement taken, or a report or materials submitted, pursuant to a disposition under paragraph (1), to ensure that they will not be used for criminal proceedings conducted by a court or a judge in a foreign country.
第五項
前各項の規定の適用に関し必要な事項は、政令で定める。
Necessary particulars relevant to the application of the provisions of the preceding paragraphs are specified by Cabinet Order.
第百九十条
(検査職員の証票携帯)Carrying of Identification Cards by Inspection Officials
A trial examiner or official that conducts an inspection pursuant to the provisions of Article 26, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27); Article 26-27, paragraph (1); Article 26-35; Article 27-22, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27-22-2, paragraph (2)) or paragraph (2) of that Article; Article 27-30, paragraph (1); Article 27-35, paragraph (1); Article 27-37, paragraph (1); Article 27-58, paragraph (1); Article 27-68, paragraph (1); Article 56-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article 65-3, paragraph (3)); Article 56-2, paragraphs (2) through (4); Article 57-10, paragraph (1); Article 57-23; Article 57-26, paragraph (2); Article 60-11 (including as applied mutatis mutandis pursuant to Article 60-12, paragraph (3) (including as applied mutatis mutandis pursuant to Article 60-14, paragraph (2)) and Article 60-14, paragraph (2)); Article 63-6 (including as applied mutatis mutandis pursuant to Article 63-3, paragraph (2)); Article 63-14 (including as applied mutatis mutandis pursuant to Article 63-11, paragraph (2)); Article 66-22; Article 66-45, paragraph (1); Article 66-67; Article 66-88; Article 66-105; Article 75; Article 79-4; Article 79-77; Article 103-4; Article 106-6, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (2) of that Article); Article 106-16; Article 106-20, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (2) of that Article); Article 106-27 (including as applied mutatis mutandis pursuant to Article 109); Article 151 (including as applied mutatis mutandis pursuant to Article 153-4); Article 155-9; Article 156-5-4; Article 156-5-8; Article 156-15; Article 156-20-12; Article 156-34; Article 156-58; Article 156-80; Article 156-89; Article 177, paragraph (1), item (iii); Article 185-5; or Article 187, paragraph (1), item (iv) must carry an identification card and present the card to the person subject to inspection.
第二項
前項に規定する各規定による検査の権限は、犯罪捜査のために認められたものと解してはならない。
The authority for an inspection under any of the provisions specified in the preceding paragraph must not be interpreted as having been accorded for the purpose of a criminal investigation.
第百九十一条
(参考人又は鑑定人の費用請求権)Right to Request Expenses by a Witness or an Expert
A witness that is ordered to appear or an expert that is ordered to present an expert opinion pursuant to the provisions of Article 187 paragraph (1), item (i) or (ii) or Article 189, paragraph (1) may request travel and other expenses pursuant to the provisions of Cabinet Office Order, or the provisions of Cabinet Office Order and Ministry of Finance Order.
第百九十二条
(裁判所の禁止又は停止命令)Prohibition Orders and Stay Orders Issued by the Court
If the court finds that the case falls under any of the following items, it may issue an order against a person that has performed or is attempting to perform the acts specified respectively in those items, prohibiting or staying that act, at the petition of the Prime Minister or at the petition of the Prime Minister and the Minister of Finance:
there is urgent necessity and it is necessary and appropriate in the public interest and for the protection of investors:an act in violation of this Act or an order issued based on this Act; or
the business execution related to the business conducted by allocating the money (including anything specified by Cabinet Order as being similar to money) invested or contributed for the rights set forth in Article 2, paragraph (2), item (v) or (vi) or the rights set forth in item (vii) of that paragraph (limited to rights specified by Cabinet Order as having an economic nature similar to the rights set forth in item (v) or (vi) of that paragraph) is highly inappropriate and has actually caused or will obviously cause serious damage to the investors' interests, and there is an urgent need to prevent further damage to investors:the acts set forth in paragraph (8), items (vii) through (ix) of that Article related to these rights.
第二項
裁判所は、前項の規定により発した命令を取り消し、又は変更することができる。
A court may rescind or change an order issued pursuant to the provisions of the preceding paragraph.
The district court governing the domicile of the respondent or the place where the act prescribed in paragraph (1) was conducted or is to be conducted has jurisdiction over the cases referred to in the preceding two paragraphs.
第四項
第一項及び第二項の裁判については、非訟事件手続法の定めるところによる。
The judicial decisions referred to in paragraphs (1) and (2) are governed by the Non-Contentious Case Procedures Act.
第百九十三条
(法令違反行為を行つた者の氏名等の公表)Publication of Name, etc. of a Person That Has Committed an Act in Violation of a Law or Regulation
When the Prime Minister finds it necessary and appropriate for the public interest or protection of investors, the Prime Minister may, pursuant to the provisions of Cabinet Office Order, make public the name of a person that has committed an act in violation of this Act or orders issued under this Act (hereinafter referred to as an "act in violation of a law or regulation" in this Article) and other matters necessary for preventing the occurrence or spread of damage from the act in violation of a law or regulation or for ensuring fairness in transactions.
第百九十四条
(議決権の代理行使の勧誘の禁止)Prohibition on Soliciting Exercise of Voting Rights by Proxy
It is prohibited for any person to solicit to have a person to act as a proxy in exercising the person's or a third party's voting rights for the shares in a company issuing shares that are listed on a financial instruments exchange, in violation of the provisions of Cabinet Order.