If a financial instruments intermediary service provider comes to fall under any of the following items, the person specified in the relevant item must notify the Prime Minister of this within 30 days from the day in question:
the financial instruments intermediary service provider discontinues financial instruments intermediary service (including if the financial instruments intermediary service provider has the whole of its business (limited to business involved in financial instruments intermediary service; hereinafter the same applies in this item) succeeded to in a company split or transfers the whole of business):the individual or the corporation that discontinues or transfers the financial instruments intermediary services, or has the financial instruments intermediary services succeeded to;
二
金融商品仲介業者である個人が死亡したとき その相続人
when an individual who is a financial instruments intermediary service provider dies:their heir;
三
金融商品仲介業者である法人が合併により消滅したとき その法人を代表する役員であつた者
when a corporation that is a financial instruments intermediary service provider disappears in a merger:the officer that has represented the corporation;
四
金融商品仲介業者である法人について破産手続開始の決定があつたとき その破産管財人
when a corporation that is a financial instruments intermediary service provider becomes subject to an order of commencement of bankruptcy proceedings:the bankruptcy trustee;
五
金融商品仲介業者である法人が合併及び破産手続開始の決定以外の理由により解散したとき その清算人
when a corporation that is a financial instruments intermediary service provider is dissolved for reasons other than a merger or an order of commencement of bankruptcy proceedings:the liquidator; and
when a financial instruments intermediary service provider has obtained the registration referred to in Article 12 of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto (limited to the registration related to the type of securities, etc. intermediary business operations) or the registration of change referred to in Article 16, paragraph (1) of that Act (limited to the registration related to the addition of the type of securities, etc. intermediary business operations):the financial instruments intermediary service provider that has obtained the registration or the registration of change.
第二項
次の各号のいずれかに該当するときは、当該金融商品仲介業者の第六十六条の登録は、その効力を失う。
If any of the following items applies, the Article 66 registration of the relevant financial instruments intermediary service provider ceases to be effective:
一
金融商品仲介業者が前項各号(第六号を除く。)のいずれかに該当することとなつたとき。
a financial instruments intermediary service provider comes to fall under any of the items of the preceding paragraph (excluding item (vi));
二
全ての所属金融商品取引業者等がなくなつたとき。
it no longer has any entrusting financial instruments business operator, etc.;
a financial instruments intermediary service provider (limited to one that conducts every business set forth in the items of Article 2, paragraph (11)) comes to fall under any of the following:
it comes to fall under item (vi) of the preceding paragraph and also becomes registered as referred to in Article 29 (but only if the financial instruments business operator that has obtained the registration engages in cryptoasset trading business) or has a change registered pursuant to the provisions of Article 31, paragraph (4) (limited to registration of a change to the effect that a person other than one engaged in cryptoasset trading business is to engage in cryptoasset trading business);
it becomes registered as referred to in Article 29 (but only if the financial instruments business operator that has obtained the registration engages in type-I financial instruments business and cryptoasset trading business) or has a change registered pursuant to the provisions of Article 31, paragraph (4) (limited to registration of a change to the effect that a person other than one engaged in type-I financial instruments business and cryptoasset trading business is to engage in type-I financial instruments business and cryptoasset trading business);
it comes to fall under item (vi) of the preceding paragraph and also no longer has an entrusting financial instruments business operator, etc. relating to intermediary services for purchase and sale, etc. of cryptoassets;
it becomes registered as referred to in Article 29 (but only if the financial instruments business operator that has obtained the registration engages in type-I financial instruments business) or has a change registered pursuant to the provisions of Article 31, paragraph (4) (limited to registration of a change to the effect that a person other than one engaged in type-I financial instruments business is to engage in type-I financial instruments business), and also no longer has an entrusting financial instruments business operator, etc. relating to intermediary services for purchase and sale, etc. of cryptoassets;
it becomes registered as referred to in Article 29 (but only if the financial instruments business operator that has obtained the registration engages in cryptoasset trading business) or has a change registered pursuant to the provisions of Article 31, paragraph (4) (limited to registration of a change to the effect that a person other than one engaged in cryptoasset trading business is to engage in cryptoasset trading business), and also no longer has an entrusting financial instruments business operator, etc. relating to securities purchase and sale intermediary business, etc.;
a financial instruments intermediary service provider (limited to one that conducts only securities purchase and sale intermediary business, etc.) comes to fall under item (vi) of the preceding paragraph, or becomes registered as referred to in Article 29 (but only if the financial instruments business operator that has obtained the registration engages in type-I financial instruments business) or has a change registered pursuant to the provisions of Article 31, paragraph (4) (limited to registration of a change to the effect that a person other than one engaged in type-I financial instruments business is to engage in type-I financial instruments business);
a financial instruments intermediary service provider (limited to one that conducts only intermediary services for purchase and sale, etc. of cryptoassets) becomes registered as referred to in Article 29 (but only if the financial instruments business operator that has obtained the registration engages in cryptoasset trading business) or has a change registered pursuant to the provisions of Article 31, paragraph (4) (limited to registration of a change to the effect that a person other than one engaged in cryptoasset trading business is to engage in cryptoasset trading business).
If a financial instruments intermediary service provider that conducts every business set forth in the items of Article 2, paragraph (11) comes to fall under any of the cases set forth in the following items (excluding the case where it falls under all of the cases set forth in the following items), it is deemed to have received a registration of a change pursuant to the provisions of Article 66-5, paragraph (4) with the content specified in the relevant item:
in the case where it falls under any of the following, the content to the effect that it does not conduct securities purchase and sale intermediary business, etc. as regards the particulars set forth in Article 66-2, paragraph (1), item (iv):
it comes to fall under paragraph (1), item (vi), or becomes registered as referred to in Article 29 (but only if the financial instruments business operator that has obtained the registration engages in type-I financial instruments business) or has a change registered pursuant to the provisions of Article 31, paragraph (4) (limited to registration of a change to the effect that a person other than one engaged in type-I financial instruments business is to engage in type-I financial instruments business);
ロ
有価証券売買媒介等業務に係る所属金融商品取引業者等がなくなつたとき。
it no longer has an entrusting financial instruments business operator, etc. relating to securities purchase and sale intermediary business, etc.;
in the case where it falls under any of the following, the content to the effect that it does not conduct intermediary services for purchase and sale, etc. of cryptoassets as regards the particulars set forth in Article 66-2, paragraph (1), item (iv):
it becomes registered as referred to in Article 29 (but only if the financial instruments business operator that has obtained the registration engages in cryptoasset trading business) or has a change registered pursuant to the provisions of Article 31, paragraph (4) (limited to registration of a change to the effect that a person other than one engaged in cryptoasset trading business is to engage in cryptoasset trading business);
ロ
暗号資産売買媒介等業務に係る所属金融商品取引業者等がなくなつたとき。
it no longer has an entrusting financial instruments business operator, etc. relating to intermediary services for purchase and sale, etc. of cryptoassets.
If the Prime Minister finds it to be necessary and appropriate in the public interest or for the protection of investors as concerns the operations of a financial instruments intermediary service provider, the Prime Minister may, to the extent necessary, order the financial instruments intermediary service provider to take measures that are necessary for improving its business operations, such as a change of business methods.
If a financial instruments intermediary service provider falls under any of the following items, the Prime Minister may rescind its Article 66 registration or order the suspension of all or part of the business during a fixed period of no longer than six months:
一
第六十六条の四各号(第二号ロ及び第六号ハを除く。)のいずれかに該当することとなつたとき。
the financial instruments intermediary service provider comes to fall under any of the categories in the items of Article 66-4 (excluding item (ii), (b) and item (vi), (c));
二
不正の手段により第六十六条の登録を受けたとき。
the financial instruments intermediary service provider receives its Article 66 registration by wrongful means; or
三
金融商品仲介業に関し法令又は法令に基づいてする行政官庁の処分に違反したとき。
the financial instruments intermediary service provider violates a law or regulation or a disposition made by a government agency which is based on a law or regulation, in connection with financial instruments intermediary services.
If the officer of a financial instruments intermediary service provider comes to fall under any of the categories in Article 29-4, paragraph (1), item (ii), (a) through (i) (in the case of an officer of a financial instruments intermediary service provider that conducts intermediary services for purchase and sale, etc. of cryptoassets, (a) through (i) of that item or (c) 1. through 3. of item (viii) of that paragraph), or engages in an act that falls under item (iii) of the preceding paragraph, the Prime Minister may order the financial instruments intermediary service provider to dismiss that officer.
If the Prime Minister is unable to ascertain the location of the business offices or offices of a financial instruments intermediary service provider or is unable to ascertain the whereabouts of the financial instruments intermediary service provider (if it is a corporation, the whereabouts of the officer representing the corporation), the Prime Minister, pursuant to the provisions of Cabinet Office Order, may issue public notice of that fact and rescind the registration of the financial instruments intermediary service provider if no filing is made by the financial instruments intermediary service provider even after 30 days past the day of the public notice.
第四項
前項の規定による処分については、行政手続法第三章の規定は、適用しない。
The provisions of Chapter III of the Administrative Procedure Act do not apply to a disposition under the provisions of the preceding paragraph.
If an Article 66 registration loses its validity pursuant to the provisions of Article 66-19, paragraph (2) or if the Prime Minister rescinds an Article 66 registration pursuant to the provisions of paragraph (1) or (3) of the preceding Article, the Prime Minister must delete that registration.
When the Prime Minister finds it to be necessary and appropriate in the public interest or for the protection of investors, the Prime Minister may order a financial instruments intermediary service provider, a person that conducts transactions with the financial instruments intermediary service provider, or a person that the financial instruments intermediary service provider has entrusted with its business (including a person that has received entrustment from the person (including entrustment at two or more degrees of separation from the original entrustment); hereinafter the same applies in this Article), to submit reports or materials that should serve as a reference with regard to financial instruments intermediation operations of the financial instruments intermediary service provider, or may have the relevant officials inspect the state of the business, or documents and other articles, of the financial instruments intermediary service provider or a person that the financial instruments intermediary service provider has entrusted with its business (in the case of a person that the financial instruments intermediary service provider has entrusted with its business, limited to an inspection that is necessary with regard to the financial instruments intermediation operations of the financial instruments intermediary service provider).
The provisions of Article 57, paragraphs (1) and (3) apply mutatis mutandis to the registration referred to in Article 66 and the registration of a change referred to in Article 66-5, paragraph (4), and the provisions of Article 57, paragraphs (2) and (3) and Article 65-6 apply mutatis mutandis to a financial instruments intermediary service provider. In such a case, the necessary technical replacement of terms is specified by Cabinet Order.
第五節 雑則
第六十六条の二十四
(所属金融商品取引業者等の賠償責任)Compensatory Liability of an Entrusting Financial Instruments Business Operator
The entrusting financial instruments business operator, etc., of a financial instruments intermediary service provider is liable for damages that the financial instruments intermediary service provider it entrusts causes to a customer in connection with financial instruments intermediary services; provided, however, that this does not apply if the entrusting financial instruments business operator, etc. exercises due care in entrusting the financial instruments intermediary service provider, and endeavors to prevent the damage that the person causes to a customer in connection with the intermediation for financial instruments that the person performs.
The provisions of Articles 64 through 64-9 (excluding Article 64-7, paragraph (2)) apply mutatis mutandis to a financial instruments intermediary service provider. In such a case, the necessary technical replacement of terms is specified by Cabinet Order.
第六十六条の二十六
(内閣府令への委任)Delegation to Cabinet Office Order
第一項
第六十六条から前条までの規定を実施するための手続その他必要な事項は、内閣府令で定める。
The procedures for implementing the provisions of Article 66 through the preceding Article and other necessary particulars for the implementation are specified by Cabinet Office Order.