At the application of a financial instruments business operator that is the subject of a notice (excluding a distressed financial instruments business operator) or the agent of the beneficiary of a trust prescribed in Article 43-2, paragraph (2) that is connected to a financial instruments business operator that is the subject of a notice, a fund may loan the necessary funds for the expeditious performance of obligations connected with the refunding of customer assets (hereinafter referred to as a "loan of funds for refunds") to such a person, within the limits of the amount that is found to be necessary.
基金は、通知金融商品取引業者（認定金融商品取引業者を除く。）又は通知金融商品取引業者に係る第四十三条の二第二項に規定する信託の受益者代理人の申込みに基づき、その必要と認められる金額の範囲内において、これらの者に対し、顧客資産の返還に係る債務の迅速な履行に必要な資金の貸付け（以下「返還資金融資」という。）を行うことができる。
A person that files an application for a loan of funds for refunds must be recognized by the Prime Minister to satisfy all of the following requirements with regard to the relevant loan of funds for refunds (hereinafter such a recognition is referred to as "recognition of eligibility" in this Article), by the time it files that application:
返還資金融資の申込みを行う者は、当該申込みを行う時までに、当該返還資金融資に関し、次に掲げる要件のすべてに該当することについて、内閣総理大臣の認定（以下この条において「適格性の認定」という。）を受けなければならない。
providing a loan of funds for refund is found to be necessary for the expeditious performance of obligations connected with the refund of customer assets; and
it is found to be possible to rely upon the proceeds of a loan of funds for refund being used for the expeditious performance of obligations connected with the refund of customer assets.
Upon granting a recognition of eligibility, the Prime Minister must notify the Minister of Finance and the fund to which the financial instruments business operator that has obtained the recognition of eligibility belongs (or, if the agent of the beneficiary of a trust prescribed in Article 43-2, paragraph (2) that involves a financial instruments business operator has obtained that recognition, the financial instruments business operator) of this.
内閣総理大臣は、適格性の認定を行つたときは、その旨を財務大臣及び当該適格性の認定を受けた金融商品取引業者（金融商品取引業者に係る第四十三条の二第二項に規定する信託の受益者代理人が認定を受けた場合にあつては、当該金融商品取引業者）が所属する基金に通知しなければならない。
Upon receiving an application for a loan of funds for refunds, a fund must decide whether to provide the loan of funds for refunds to which that application pertains.
When a fund has made the decision referred to in the preceding paragraph, it must immediately report the particulars of the decision to the Prime Minister and the Minister of Finance.
Read this with the articles around it
(Separate Management)
As regards the money or securities set forth in the following items, a financial instruments business operator, etc. must manage the amount of money calculated pursuant to the provisions of Cabinet…
金融商品取引業者等は、次に掲げる金銭又は有価証券について、当該金融商品取引業者等が金融商品取引業（登録金融機関業務を含む。以下この項において同じ。）を廃止した場合その他金融商品取引業を行わないこととなつた場合に顧客に返還すべき額として内閣府令で定めるところにより算定したものに相当する金銭を…
Open this provision(Loans of Funds for Refunds)
At the application of a financial instruments business operator that is the subject of a notice (excluding a distressed financial instruments business operator) or the agent of the beneficiary of a…
基金は、通知金融商品取引業者（認定金融商品取引業者を除く。）又は通知金融商品取引業者に係る第四十三条の二第二項に規定する信託の受益者代理人の申込みに基づき、その必要と認められる金額の範囲内において、これらの者に対し…
Open this provision(Loans of Funds for Refunds)
Upon receiving an application for a loan of funds for refunds, a fund must decide whether to provide the loan of funds for refunds to which that application pertains.
基金は、返還資金融資の申込みがあつたときは、当該申込みに係る返還資金融資を行うかどうかの決定をしなければならない。
Open this provisionfinancial instruments business operator
「金融商品取引業者」
A person registered by the Prime Minister under Article 29 to carry on financial instruments business (金融商品取引業).
Defined inArticle 2, paragraph (9)· applies throughout the law
customer assets
「顧客資産」
In Chapter IV-2 on investor protection funds (投資者保護基金), the money, securities and other property listed in Article 79-20, paragraph (3) that a financial instruments business operator holds for its general customers (一般顧客): what they deposit with it under Articles 119 and 161-2, and the money, securities and commodities on their account or deposited by them in connection with its securities-related business (有価証券関連業) or commodity derivatives transaction-related business (商品デリバティブ取引関連業務), each within the limits and exclusions that paragraph sets, and anything else a Cabinet Order (政令) specifies.
Defined inArticle 79-20, paragraph (3)· applies only in this chapter
fund
「基金」
An investor protection fund (投資者保護基金): a body that protects investors by making payments to general customers under Article 79-56, paragraph (1) and carrying on its other business, so as to maintain confidence in securities transactions and commodity-related market derivatives transactions.
Short name set inArticle 79-21, paragraph (1)· applies only in this chapter
financial instruments business operator that is the subject of a noticemachine translation
「通知金融商品取引業者」
A financial instruments business operator (金融商品取引業者) about which its investor protection fund (基金) has received a notice under Article 79-53, paragraph (1) or paragraphs (3) to (5) — paragraph (1) covers, for example, the cancellation of its registration or a petition for bankruptcy — and about which the fund must find whether it will have difficulty smoothly meeting its obligations to return customer assets (顧客資産).
Short name set inArticle 79-54, paragraph (1)
distressed financial instruments business operator
「認定金融商品取引業者」
A financial instruments business operator (金融商品取引業者) that its investor protection fund (基金) has found, under Article 79-54, to have difficulty smoothly meeting its obligations to return customer assets (顧客資産), and about which the fund has given public notice under Article 79-55, paragraph (1).
Short name set inArticle 79-55, paragraph (2)
loan of funds for refunds
「返還資金融資」
A loan that an investor protection fund (基金) may make, on application, of the money needed to return customer assets (顧客資産) promptly, to a financial instruments business operator that is the subject of a notice (通知金融商品取引業者), other than a distressed one (認定金融商品取引業者), or to the beneficiaries' agent (受益者代理人) of its trust under Article 43-2, paragraph (2).
Short name set inArticle 79-59, paragraph (1)
recognition of eligibility
「適格性の認定」
In Article 79-59, the Prime Minister's finding, which an applicant for a loan of funds for refunds (返還資金融資) must obtain before applying, that the loan is needed for the prompt return of customer assets (顧客資産) and that the money lent will certainly be used for that purpose.
Short name set inArticle 79-59, paragraph (2)· applies only in this article
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.