Chapter V Brokerage Business
第五章 仲立営業
第五百四十三条（定義）
The term "broker" as used in this Chapter means a person in the business of brokering commercial transactions between other persons.
この章において「仲立人」とは、他人間の商行為の媒介をすることを業とする者をいう。
Article 544Restriction on Receiving Performance on Behalf of Parties
第五百四十四条（当事者のために給付を受けることの制限）
A broker may not receive a payment or other such performance on a party's behalf for an act that the broker has formed and effected through its brokerage; provided, however, that this does not apply if a party manifests a different intention or if custom dictates otherwise.
仲立人は、その媒介により成立させた行為について、当事者のために支払その他の給付を受けることができない。ただし、当事者の別段の意思表示又は別段の慣習があるときは、この限りでない。
Article 545Obligation to Retain Samples
第五百四十五条（見本保管義務）
Article 546Obligation to Deliver Transaction Brokerage Notice
第五百四十六条（結約書の交付義務等）
Once an act subject to brokerage is formed and effected between the parties, the broker, without delay, must prepare documents containing the following information (hereinafter referred to as "transaction brokerage notice" in this Chapter), and deliver those notices to the parties after affixing the broker's signature or name and seal to them:
当事者間において媒介に係る行為が成立したときは、仲立人は、遅滞なく、次に掲げる事項を記載した書面（以下この章において「結約書」という。）を作成し、かつ、署名し、又は記名押印した後、これを各当事者に交付しなければならない。
the name of each party; and
各当事者の氏名又は名称
the date and an outline of the act.
当該行為の年月日及びその要領
In the case referred to in the preceding paragraph, unless the parties are required to perform their obligations immediately, the broker must have each party sign or affix its name and seal to one set of the transaction brokerage notice, and must deliver this to the other party.
In the case referred to in the preceding two paragraphs, if one of the parties will not receive the transaction brokerage notices or does not sign or affix its name and seal to them, the broker must notify the other party of this without delay.
Article 547Obligation to Keep Books
第五百四十七条（帳簿記載義務等）
A broker must enter the information set forth in paragraph (1) of the preceding Article in its books.
A party may at any time request a broker to issue a certified copy of the books referred to in the preceding paragraph regarding an act that the broker has formed and effected through brokerage on the party's behalf.
Article 548Cases in Which Broker May Not Disclose Party's Name to Other Party
第五百四十八条（当事者の氏名等を相手方に示さない場合）
If a party orders a broker not to disclose its name to the other party, the broker may not enter that party's name in the transaction brokerage notice or in the certified copy referred to in paragraph (2) of the preceding Article.
第五百四十九条
Article 550Broker's Remuneration
第五百五十条（仲立人の報酬）
broker
「仲立人」
A person whose business is acting as intermediary in commercial transactions (商行為) between other people.
Defined inArticle 543, paragraph (1)· applies only in this chapter
transaction brokerage notice
「結約書」
The document a broker (仲立人) must draw up, sign or put their name and seal to, and give to each party once a transaction it brokered is concluded, stating each party's name and the date and gist of the transaction.
Short name set inArticle 546, paragraph (1)· applies only in this chapter
manifestation of intention
意思表示
A person's expression of an intention to which the law gives a legal effect, such as an offer to conclude a contract, which shows its terms and forms the contract once the other party accepts it (Civil Code, Article 522, paragraph (1)), the acceptance itself (Article 527), or the notice to the other party by which a party rescinds (取消し) an act or cancels (解除) a contract (Articles 123 and 540, paragraph (1)). One made to another person takes effect when notice of it reaches that person, or when it would normally have reached them if they blocked it without good reason (Article 97, paragraphs (1) and (2)), and does not lose its effect because the person who made it dies, loses mental capacity (意思能力) or comes under legal limits on what they can do alone after sending the notice (Article 97, paragraph (3)); where the person making it cannot find out who the other party is or where they are, it can be made by public notice (Article 98, paragraph (1)). It is not void just because the person making it knew it was not their true intention, unless the other party knew or could have known that (Article 93, paragraph (1)); a false one made in collusion with the other party is void (Article 94, paragraph (1)); and neither voidness can be asserted against a third party who did not know of it (善意) (Articles 93, paragraph (2), and 94, paragraph (2)). One based on a mistake that is material in light of the purpose of the juridical act (法律行為) and accepted views in dealings may be rescinded — one based on a mistaken view of the circumstances behind the act only if it had been shown that the act was based on them, and as a rule not where the mistake came from the gross negligence of the person who made it (Article 95, paragraphs (1) to (3)) — and so may one made under fraud or duress, though one induced by a third party's fraud only if the other party knew of the fraud or could have known of it (Article 96, paragraphs (1) and (2)); a rescission for mistake or fraud cannot be relied on against a third party who did not know and was not careless in not knowing (Article 95, paragraph (4), and Article 96, paragraph (3)). One that an agent makes within the agent's authority, showing that it is made for the principal, takes effect directly for the principal (Article 99, paragraph (1)). The Consumer Contract Act lets a consumer rescind an offer or acceptance of a consumer contract made because the business, when soliciting it, told them something untrue about an important matter and they believed it, among other grounds (Consumer Contract Act, Article 4, paragraph (1), item (i)), and the Act on Specified Commercial Transactions does the same where, in a door-to-door sale, the seller or service provider told them something untrue about such matters as the goods or the price (Article 6, paragraph (1), and Article 9-3, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 93, 94, 95, 96, 97, 98, 99, 123, 522, 527, 540, Consumer Contract Act, Art. 4 and Act on Specified Commercial Transactions, Arts. 6, 9-3 as a reference.