A financial instruments business operator, etc. must not engage in any of the following acts in connection with the investment advisory and agency business or investment management business it conducts:
using fraudulent means, committing assault, or using intimidation in connection with the conclusion or cancellation of an investment advisory contract, discretionary investment contract, or contract specified in Article 2, paragraph (8), item (xii), (b); and
投資顧問契約、投資一任契約若しくは第二条第八項第十二号イに掲げる契約の締結又は解約に関し、偽計を用い、又は暴行若しくは脅迫をする行為
promising a customer, at the time of solicitation, that any loss that may arise will be compensated in whole or in part.
顧客を勧誘するに際し、顧客に対して、損失の全部又は一部を補てんする旨を約束する行為
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(Definitions)
conclusion of the following contracts, and the management of money or any other property (including instructions for that management; the same applies hereinafter), based on such contract…
次に掲げる契約を締結し、当該契約に基づき、金融商品の価値等の分析に基づく投資判断に基づいて有価証券又はデリバティブ取引に係る権利に対する投資として、金銭その他の財産の運用（その指図を含む。以下同じ。）を行うこと。
Open this provisioninvestment advisory contract
「投資顧問契約」
A contract under which one party promises to advise the other — orally, in writing (other than newspapers, magazines, books and other publications sold to the general public) or otherwise — on the value, etc. of securities or on investment decisions (投資判断) based on an analysis of the value, etc. of financial instruments, and the other promises to pay for the advice.
Short name set inArticle 2, paragraph (8), item (xi)
discretionary investment contract
「投資一任契約」
A contract under which one party is entrusted by the other with all or part of its investment decisions (投資判断) based on an analysis of the value, etc. of financial instruments, and is given the authority needed to invest for the other on those decisions — other than an asset management entrustment contract with a registered investment corporation (登録投資法人) under Article 2, paragraph (8), item (xii), (a).
Short name set inArticle 2, paragraph (8), item (xii), (b)
investment advisory and agency business
「投資助言・代理業」
In Chapter III, the part of financial instruments business (金融商品取引業) that consists in carrying on as a business either giving advice under an investment advisory contract (投資顧問契約) (Article 2, paragraph (8), item (xi)) or acting as agent or intermediary in concluding an investment advisory contract or a discretionary investment contract (投資一任契約) (item (xiii)).
Defined inArticle 28, paragraph (3)· applies only in this chapter
investment management business
「投資運用業」
Investment management business as defined in Article 28, paragraph (4): the part of financial instruments business (金融商品取引業) that consists in carrying on as a business the acts in Article 2, paragraph (8), items (xii), (xiv) and (xv) — managing money or other property, on investment decisions (投資判断) based on an analysis of the value, etc. of financial instruments, as an investment in securities or in rights under derivatives transactions, whether under a discretionary investment contract (投資一任契約) or an asset management contract with a registered investment corporation (登録投資法人), or for the holders of the rights items (xiv) and (xv) list who contributed it — including where a bank, a cooperative financial institution or another financial institution a Cabinet Order (政令) specifies carries them on.
Defined inArticle 28, paragraph (4)· applies only in this chapter
financial instruments business operator, etc.machine translation
「金融商品取引業者等」
A financial instruments business operator (金融商品取引業者) or a registered financial institution (登録金融機関).
Defined inArticle 34, paragraph (1)