Article 138Consolidation-Type Merger Agreements between an Incorporated Association-Operated Financial Instruments Exchange and an Incorporated Association-Operated Financial Instruments Exchange
第百三十八条(会員金融商品取引所と会員金融商品取引所との新設合併契約)
If an incorporated association-operated financial instruments exchange and an incorporated association-operated financial instruments exchange implement a consolidation-type merger, they must specify the following particulars in the consolidation-type merger agreement:
the names and addresses of the incorporated association-operated financial instruments exchange that will disappear in the consolidation-type merger (hereinafter each is referred to as an "incorporated association-operated financial instruments exchange disappearing in the consolidation-type merger" in this Subsection);
the purpose, name, and the location of the principal office of the incorporated association-operated financial instruments exchange that will be incorporated in the consolidation-type merger (hereinafter referred to as the "incorporated association–operated financial instruments exchange incorporated in the consolidation-type merger" in this Subsection);
beyond what is set forth in the preceding item, the particulars specified by the articles of incorporation of the incorporated association–operated financial instruments exchange incorporated in the consolidation-type merger; and
前号に掲げるもののほか、新設合併設立会員金融商品取引所の定款で定める事項
the names of the persons that will become the president, board members, and inspectors at the time of the incorporation of the incorporated association–operated financial instruments exchange incorporated in the consolidation-type merger, and other particulars specified by Cabinet Office Order.
新設合併設立会員金融商品取引所の設立に際して理事長、理事及び監事となる者の氏名その他内閣府令で定める事項
Read this with the articles around it
(Consolidation-Type Merger Agreements between an Incorporated Association-Operated Financial Instruments Exchange and an Incorporated Association-Operated Financial Instruments Exchange)
the purpose, name, and the location of the principal office of the incorporated association-operated financial instruments exchange that will be incorporated in the consolidation-type merger…
新設合併により設立する会員金融商品取引所(以下この款において「新設合併設立会員金融商品取引所」という。)の目的、名称及び主たる事務所の所在地
Open this provisionincorporated association-operated financial instruments exchangemachine translation
「会員金融商品取引所」
A financial instruments membership corporation (金融商品会員制法人) that operates a financial instruments exchange market (取引所金融商品市場).
Short name set inArticle 87-6, paragraph (1)
consolidation-type mergermachine translation
「新設合併」
A merger between two or more financial instruments exchanges (金融商品取引所) in which all the rights and obligations of the exchanges that cease to exist in it pass to a new exchange it incorporates.
Defined inArticle 136, paragraph (2)
incorporated association-operated financial instruments exchange disappearing in the consolidation-type mergermachine translation
「新設合併消滅会員金融商品取引所」
In Subsection 2 (mergers) of Section 4 of Chapter V, an incorporated association-operated financial instruments exchange (会員金融商品取引所) that ceases to exist in a consolidation-type merger (新設合併).
Short name set inArticle 138, paragraph (1), item (i)· applies only in this subsection
incorporated association-operated financial instruments exchange incorporated in the consolidation-type mergermachine translation
「新設合併設立会員金融商品取引所」
In Subsection 2 (mergers) of Section 4 of Chapter V, the incorporated association-operated financial instruments exchange (会員金融商品取引所) incorporated in a consolidation-type merger (新設合併).
Short name set inArticle 138, paragraph (1), item (ii)· applies only in this subsection
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.