Article 35Scope of Services for Persons Engaged in Type-I Financial Instruments Business or Investment Management Business

一the lending and borrowing of securities, or intermediation or agency for the same;

二money lending incidental to margin transactions prescribed in Article 156-24, paragraph (1);

三money lending secured by securities that are deposited for safe custody by customers (limited to those specified by Cabinet Office Order);

四the provision of agency for customers in connection with securities;

五the provision of agency for services by the settlor company of an investment trust defined in Article 2, paragraph (11) of the Act on Investment Trusts and Investment Corporations, which involve the payment of earnings, redemption moneys, or cancellation moneys in connection with securities set forth in Article 2, paragraph (1), item (x), or for services by such a settler company which involve the delivery of securities or any other assets that are among trust property in connection with the relevant securities;

六the provision of agency for services by an investment corporation as defined in Article 2, paragraph (12) of the Act on Investment Trusts and Investment Corporations, which involve the distribution of money, the distribution of refunds or residual assets, or the payment of interest or redemption moneys in connection with securities set forth in Article 2, paragraph (1), item (xi) conducted;

七the conclusion of a contract for cumulative investment (meaning a contract in which a financial instruments business operator (limited to one that engages in securities, etc. management) receives money deposited by a customer and sells securities to that customer continuously on dates designated in advance while receiving consideration from that money) (limited to contracts specified by Cabinet Office Order);

八the provision of information or advice in relation to securities (excluding acts falling under Article 2, paragraph (8), item (xi));

九the provision of agency for services by a counterparty financial instruments business operator, etc. (limited to agency involving the financial instruments business (including services of a registered financial institution conducted by a registered financial institution) and any other services incidental to the financial instruments business (excluding services prescribed in this item), which the relevant financial instruments business operator, etc. may conduct, and excluding those specified in item (v) above);

十the retention of the assets of a registered investment corporation as defined in Article 2, paragraph (13) of the Act on Investment Trusts and Investment Corporations;

十一the provision of consultation or intermediary services to any other business operator with regard to a business transfer, merger, company split, share exchange, share transfer, or partial share exchange;

十二the provision of consultation to any other business operator with regard to business management;

十三the purchase and sale of currencies and other assets (excluding crypto-and other assets; the same applies in item (xv) of this paragraph and item (vi) of the following paragraph) specified by Cabinet Order as being related to derivatives transactions (excluding securities-related derivatives transactions) or intermediation, brokerage, or agency for them;

十四the purchase and sale of negotiable deposits and other monetary claims (excluding those that fall under the category of securities), or intermediation, brokerage, or agency for the same; and

十五investing investment property (meaning money and other property invested by a financial instruments business operator, etc. that is engaged in investment management business on behalf of a rights holder provided for in Article 42, paragraph (1); the same applies hereinafter) as investment of the following assets:

イspecified assets as defined in Article 2, paragraph (1) of the Act on Investment Trusts and Investment Corporations (excluding real estate and other assets specified by Cabinet Order);

ロassets specified by Cabinet Order other than those set forth in (a);

十六provision of customer information acquired from the customer to a third party with the consent of the customer or any other provision of information held by the financial instruments business operator to a third party, which contributes to advancement of the financial instruments business that the financial instruments business operator conducts or to improvement of convenience for users of the financial instruments business operator (excluding an act that falls under the category of the act set forth in item (viii)); and

十七an act to be performed by mainly utilizing human resources, information and communications technology, equipment, and any other management resources possessed by the financial instruments business operator related to the financial instruments business conducted by the financial instruments business operator, which is specified by Cabinet Office Order as an act that contributes to regional revitalization, improvement of industrial productivity, and establishment of a sustainable society.

一services connected with transactions on a commodity market, etc. as defined in Article 2, paragraph (21) of the Commodity Derivatives Transaction Act;

二services connected with transactions conducted by using fluctuations in commodity prices and other indicators, market gaps, etc. as specified by Cabinet Office Order (other than services already specified in the preceding item);

三services connected with the money lending business as defined in Article 2, paragraph (1) of the Money Lending Business Act or other money loans, or intermediation for the lending and borrowing of money;

四services connected with real estate brokerage as defined in Article 2, item (ii) of the Real Estate Brokerage Act or with the lease of real estate prescribed in item (i) of that Article;

五specified joint real estate ventures as defined in Article 2, paragraph (4) of the Act on Specified Joint Real Estate Ventures;

五の二services for investing money or other assets on behalf of another person, by means of commodity investment defined by Article 2, paragraph (1) of the Act Regulating Business Involving Commodity Investment, or through the acquisition (including production), transfer, or use of goods with substantial price volatility or goods specified by Cabinet Order as goods that make it difficult to estimate the profit generated from their use (excluding the designated items prescribed in item (iii) of that paragraph) or by means of having such goods used (excluding services that fall under the category of service set forth in items (i) and (ii));

六services for investing investment property (excluding services of performing the acts set forth in item (xv) of the preceding paragraph and services that fall under the services set forth in items (i), (ii), and the preceding item) as an investment in assets other than securities or rights arising from derivatives transactions; and

七other services specified by Cabinet Office Order.