Supplementary Provisions
附 則
Supplementary Provisions, Article 1
第一条
The dates on which this Act comes into effect are to be specified by order for each provision.
この法律の施行の期日は、各規定について命令を以てこれを定める。
Supplementary Provisions, Article 2
第二条
A contract that exists at the time a provision comes into effect and that violates that provision ceases to have effect as from the date on which that provision comes into effect.
各規定施行の際現に存する契約で、当該規定に違反するものは、当該規定の施行の日からその効力を失う。
Supplementary Provisions, Article 3
第三条
The provisions of this Act do not apply to acts of enterprises carried out on the basis of a decided readjustment plan under the provisions of the Enterprise Reconstruction and Readjustment Act or a readjustment plan under the provisions of the Financial Institutions Reconstruction and Readjustment Act.
この法律の規定は、企業再建整備法の規定による決定整備計画又は金融機関再建整備法の規定による整備計画に基いて行う事業者の行為には、これを適用しない。
The provisions of Article 11, paragraph (2) do not apply where a company engaged in financial business acquires or holds, on the basis of a decided readjustment plan under the provisions of the Enterprise Reconstruction and Readjustment Act, shares of another company in Japan that engages in a business other than financial business.
第十一条第二項の規定は、金融業を営む会社が企業再建整備法の規定による決定整備計画に基いて金融業以外の事業を営む国内の他の会社の株式を取得し、又は所有する場合には、これを適用しない。
The provisions of Article 11, paragraph (5) apply mutatis mutandis to the case referred to in the preceding paragraph.
第十一条第五項の規定は、前項の場合にこれを準用する。
Supplementary Provisions, Article 4
第四条
The disposition of a juridical person or other organization that exists at the time the provisions of Article 5 come into effect and that exercises control over the distribution of all or part of materials or products by the method of sole purchase and sole sale, or allocates the distribution of all or part of materials or products, is to be specified by order.
第五条の規定施行の際現に存する法人その他の団体で、一手買取及び一手販売の方法による資材若しくは製品の全部若しくは一部の配給の統制又は資材若しくは製品の全部若しくは一部の配給の割当を行うものの処置については、命令を以てこれを定める。
Supplementary Provisions, Article 5
第五条
Supplementary Provisions, Article 6
第六条
The disposition of shares of other companies or company bonds that a company engaged in a business other than financial business holds, at the time the provisions of Article 10 or Article 12 come into effect, in contravention of those provisions is to be specified by order.
Supplementary Provisions, Article 7
第七条
The disposition of shares of other companies or company bonds that a company engaged in financial business holds, at the time the provisions of Article 11 or Article 12 come into effect, in contravention of those provisions is to be specified by order.
Supplementary Provisions, Article 8
第八条
A person who, at the time the provisions of Article 13 come into effect, concurrently holds positions as officer in contravention of paragraph (1) of that Article must, within 90 days from the date on which the provisions of that Article come into effect, resign from the other positions, except for any one position.
A person who, at the time the provisions of Article 13 come into effect, holds positions as officer of four or more companies must, within 90 days from the date on which the provisions of that Article come into effect, resign from the other positions, except for any three positions.
Supplementary Provisions, Article 9
第九条
The disposition of shares held, at the time the provisions of Article 14 come into effect, in contravention of the provisions of that Article is to be specified by order.
Supplementary Provisions, Article 10
第十条
A person who has held shares in violation of the provisions of Article 11, paragraph (5), which apply mutatis mutandis pursuant to Article 3, paragraph (3) of the Supplementary Provisions, is to be punished by imprisonment with work for not more than one year or a fine of not more than 200,000 yen.
附則第三条第三項において準用する第十一条第五項の規定に違反して株式を所有した者は、一年以下の懲役又は二十万円以下の罰金に処する。
Supplementary Provisions, Article 11
第十一条
A person who falls under any of the following items is to be punished by imprisonment with work for not more than one year or a fine of not more than 5,000 yen:
次の各号のいずれかに該当する者は、一年以下の懲役又は五千円以下の罰金に処する。
a person who has violated the provisions of Article 8 of the Supplementary Provisions;
附則第八条の規定に違反した者
a person who has violated an order based on the provisions of Articles 4 through 7 or Article 9 of the Supplementary Provisions.
附則第四条から第七条まで又は第九条の規定に基づく命令に違反した者
Supplementary Provisions, Article 12
第十二条
If a representative of a corporation, or an agent, an employee, or any other worker of a corporation or of an individual has, with regard to the business or property of the corporation or individual, committed a violation under Article 10 of the Supplementary Provisions or item (ii) of the preceding Article, in addition to the offender being punished, the corporation or individual is sentenced to the fine prescribed in each of those Articles.
Supplementary Provisions, Article 13
第十三条
The terms of office of the first Commissioners of the Japan Fair Trade Commission are, as determined by the Prime Minister, one year, two years, three years or five years respectively for four of them, and four years for two of them.
公正取引委員会の第一期の委員の任期は、内閣総理大臣の定めるところにより、そのうちの四人については各々一年、二年、三年又は五年とし、二人については四年とする。
enterprise
「事業者」
Anyone who carries on a commercial, industrial, financial or other business; an officer, employee, agent or other person acting for the benefit of an enterprise is also treated as one for the purposes of Article 2, paragraph (2) and Chapter 3 (trade associations).
Defined inArticle 2, paragraph (1)· applies throughout the law
officer
「役員」
A board member (理事), director (取締役), executive officer (執行役), member who executes the business (業務を執行する社員), auditor (監事 or 監査役) or a person equivalent to any of these, a manager (支配人), or the person in charge of the business of a head office or branch office.
Defined inArticle 2, paragraph (3)· applies throughout the law
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
Fair Trade Commission
公正取引委員会
The body the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (独占禁止法, the Antimonopoly Act) sets up to achieve that Act's purpose — among other things, to promote fair and free competition by banning private monopolization, unreasonable restraint of trade and unfair trade practices, and so to protect the interests of general consumers and the democratic and sound development of the national economy (Antimonopoly Act, Articles 1 and 27, paragraph (1)). It comes under the Prime Minister's jurisdiction, but its chairperson and four commissioners — appointed by the Prime Minister with the consent of both Houses of the Diet — exercise their authority independently (Articles 27, paragraph (2), 28 and 29). Under the Act against Unjustifiable Premiums and Misleading Representations, businesses and trade associations may, with the approval of both the Prime Minister and the Fair Trade Commission, conclude or set agreements or rules (協定又は規約) on premiums or representations (Article 36, paragraph (1)).
Written by AI using Antimonopoly Act, Arts. 1, 27, 28, 29 and Act against Unjustifiable Premiums and Misleading Representations, Art. 36 as a reference.
imprisonment with work
懲役
A punishment the Penal Code had until Act No. 67 of 2022 came into force: being held in a penal institution (刑事施設) and made to do prescribed work, for life or for a fixed term of one month to twenty years (Penal Code, former Article 12). That Act replaced it and imprisonment without work (禁錮) with imprisonment (拘禁刑) (Act No. 67 of 2022, Article 2). An act committed before then is, as a rule, still punished as the law then stood (Act No. 68 of 2022, Article 441, paragraph (1)), and a person sentenced to it is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Article 443, paragraph (1)).
Written by AI using Penal Code, former Art. 12, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Arts. 441, 443 as a reference.
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan as a reference.