Supplementary Provisions, Article 8
第八条
In the case where a company engaged in financial business (meaning a company engaged in financial business prescribed in Article 11, paragraph (1) of the New Act other than a company engaged in insurance business; hereinafter referred to as a "financial company") owns, on the Effective Date, shares of a company in Japan (excluding the shares so owned in the case prescribed in item (iii) of that paragraph; the same applies hereinafter in this Article) in excess of five percent of the total number of its issued shares (hereinafter referred to as the "standard number of shares") (limited, where it owns more than ten percent of the total number of issued shares of that company in Japan, to the case where it owns them having obtained the approval under the proviso to Article 11, paragraph (1) or Article 11, paragraph (2) of the Former Act, or because it falls under either item (i) or item (ii) of Article 11, paragraph (1) of the Former Act), with regard to the acquisition or ownership of the shares of that company in Japan by that financial company, for 10 years from the Effective Date the provisions of Article 11 of the New Act apply with the lesser of the numbers of shares set out in the following items (hereinafter referred to as the "special standard number of shares") deemed to be the standard number of shares, provided, however, that this does not apply if the special standard number of shares is equal to or less than the standard number of shares, or if the standard number of shares increases and becomes equal to or more than the special standard number of shares.
金融業を営む会社(新法第十一条第一項に規定する金融業を営む会社で保険業を営む会社以外のものをいい、以下「金融会社」という。)が施行日に国内の会社の株式(同項第三号に規定する場合における当該所有する株式を除く。以下この条において同じ。)をその発行済の株式の総数の百分の五(以下「基準株式数」という。)を超えて所有している場合(当該国内の会社の発行済の株式の総数の百分の十を超えて所有している場合にあつては、旧法第十一条第一項ただし書若しくは同条第二項の認可を受け、又は同条第一項第一号若しくは第二号の一に該当して所有している場合に限る。)におけるその金融会社による当該国内の会社の株式の取得又は所有については、施行日から十年間は、次に掲げる株式の数のいずれか少ない数(以下「特例基準株式数」という。)を基準株式数とみなして、新法第十一条の規定を適用する。ただし、特例基準株式数が基準株式数以下であるとき、又は基準株式数が増加して特例基準株式数以上となつたときは、この限りでない。
the number of shares of that company in Japan owned on the Effective Date;
施行日に所有する当該国内の会社の株式の数
the number of shares of that company in Japan owned on December 31, 1976;
昭和五十一年十二月三十一日に所有していた当該国内の会社の株式の数
10 percent of the total number of issued shares of that company in Japan on the Effective Date.
施行日における当該国内の会社の発行済の株式の総数の百分の十
With regard to the shares prescribed in item (ii) of the preceding paragraph, if any of the grounds set out in the following items arises during the period from January 1, 1977 to the day preceding the Effective Date, the number obtained by adding the number of shares specified in the respective item to the number of shares of that company in Japan owned on December 31, 1976 (or, if the ground set out in item (iv) arises, the number obtained by subtracting the number of shares specified in that item) is deemed to be the number of shares set out in item (ii) of that paragraph.
when a stock split occurs: the number of shares that increased by the stock split of the shares owned on that day;
株式の分割があつたとき 同日に所有していた株式の分割により増加した株式の数
when new shares are issued or a dividend of profits is paid in shares: the number of new shares allotted for the shares owned on that day or acquired as a dividend of profits;
新株の発行又は株式による利益の配当があつたとき 同日に所有していた株式について割り当てられた新株又は利益の配当として取得した新株の数
when that company in Japan merges and survives: the number of shares of that surviving company allotted for the shares of the company that ceased to exist by the merger owned on that day;
当該国内の会社が合併して存続するとき 同日に所有していた合併により消滅した会社の株式について割り当てられた当該存続する会社の株式の数
when shares are consolidated or retired: the number of shares that decreased by the consolidation or retirement of the shares owned on that day.
株式の併合又は消却があつたとき 同日に所有していた株式の併合又は消却により減少した株式の数
With regard to the application of the provisions of paragraph (1) to a company in Japan established by a merger during the period from January 1, 1977 to the day preceding the Effective Date, the sum of the numbers of shares of the company established by that merger that were allotted for the shares, owned on December 31, 1976, of the companies that ceased to exist by that merger is deemed to be the number of shares set out in item (ii) of that paragraph.
In the case where a merger of companies in Japan is conducted during the period from January 1, 1977 to the day preceding the Effective Date and one of the merged companies survives, if a financial company subject to the application of the provisions of paragraph (1) did not own shares of the company surviving after that merger on December 31, 1976, the number of shares of the company surviving after that merger that were allotted for the shares, owned on that day, of the company that ceased to exist by that merger is deemed to be the number of shares set out in item (ii) of that paragraph.
In the case where the number of shares of a company in Japan that a financial company owns on the Effective Date exceeds the special standard number of shares (or, in the case falling under the proviso to paragraph (1), the standard number of shares) (excluding the case where the number of shares set out in item (iii) of that paragraph becomes the special standard number of shares), for one year from the Effective Date the provisions of Article 11 of the New Act apply with the number of shares owned on the Effective Date deemed to be the standard number of shares. In this case, the provisions of paragraph (7) apply mutatis mutandis.
In the case where, among the shares owned on the Effective Date by a financial company for which the number of shares set out in paragraph (1), item (iii) is made the special standard number of shares pursuant to the provisions of that paragraph, there are shares owned by falling under Article 11, paragraph (1), item (i) or (ii) of the Former Act, the provisions of Article 11, paragraph (2) of the New Act apply with the date of acquisition of those shares deemed to be the day on which it came to own the shares of that company in Japan in excess of the standard number of shares.
When any of the grounds set out in the items of paragraph (2) arises on or after the Effective Date with regard to shares of a company in Japan owned by a financial company that are subject to the application of the provisions of paragraph (1), the number of shares obtained by adding to or subtracting from the special standard number of shares in accordance with the provisions of paragraph (2) is deemed to be the special standard number of shares, provided, however, that shares added by the application of the provisions of paragraph (2), item (ii) (excluding new shares allotted free of charge by the conversion of reserves into capital) are limited to those owned within two years from the date of acquisition.
In the case where a company in Japan that has issued shares of a company in Japan owned by a financial company that are subject to the application of the provisions of paragraph (1) ceases to exist by a merger, if the financial company comes to own shares of a company in Japan set out in the following items in excess of the standard number of shares, the number of shares specified in each of those items is deemed to be the special standard number of shares for the shares of that company in Japan, provided, however, that this does not apply if the provisions of the preceding paragraph apply to the shares of the company surviving after that merger.
the company surviving after that merger: the number obtained by adding the number of shares of the company surviving after that merger that were allotted for the shares, owned at the time of the merger, of the company that ceased to exist by that merger to the number of shares of that company owned at the time of the merger;
当該合併後存続する会社 合併の時に所有していたその会社の株式の数に合併の時に所有していた当該合併により消滅した会社の株式について割り当てられた当該合併後存続する会社の株式の数を加えた数
the company established by that merger: the sum of the numbers of shares of the company established by that merger that were allotted for the shares, owned at the time of the merger, of the companies that ceased to exist by that merger.
当該合併により設立された会社 合併の時に所有していた当該合併により消滅した会社の株式について割り当てられた当該合併により設立された会社の株式の数の和
Supplementary Provisions, Article 9
第九条
The provisions then in force continue to govern the application of penal provisions to acts committed before the Effective Date.
施行日前にした行為に対する罰則の適用については、なお従前の例による。
the New Actmachine translation
「新法」
This Act as amended by Act No. 63 of 1977.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 63 of 1977 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Act No. 63 of 1977, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
standard number of sharesmachine translation
「基準株式数」
In Article 8 of the supplementary provisions (附則) of Act No. 63 of 1977, 5% of a domestic company's total issued shares: the holding a financial company (金融会社) is measured against under Article 11 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade as amended by that Act, for which a special standard number of shares (特例基準株式数) is substituted for ten years where it held more on the day that Act came into effect.
Short name set inSupplementary Provisions, Article 8, paragraph (1)
special standard number of sharesmachine translation
「特例基準株式数」
In Article 8 of the supplementary provisions (附則) of Act No. 63 of 1977, the smallest of the number of a domestic company's shares a financial company (金融会社) held on the day that Act came into effect, the number it held on 31 December 1976, and 10% of the domestic company's issued shares on that day, which is treated as the standard number of shares (基準株式数) for ten years from that day.
Short name set inSupplementary Provisions, Article 8, paragraph (1)
financial companymachine translation
「金融会社」
In the supplementary provisions (附則) of Act No. 63 of 1977, a company engaged in financial business as described in Article 11, paragraph (1) of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade as amended by that Act, other than one engaged in insurance business.
Short name set inSupplementary Provisions, Article 8, paragraph (1)