Supplementary Provisions

This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding 1 year from the date of promulgation.

①A notifier of specially permitted services under the Former Act (meaning a notifier of specially permitted services prescribed in Article 63, paragraph (3) of the Financial Instruments and Exchange Act prior to amendment by this Act (hereinafter in this paragraph referred to as "the Former Act"); the same applies in the following paragraph and paragraph (1) of the following Article) and a financial instruments business operator, etc. that gave notification under the Former Act (meaning a financial instruments business operator, etc. (meaning a financial instruments business operator, etc. prescribed in Article 34 of the Former Act) that gave notification under Article 63-3, paragraph (1) of the Former Act; the same applies in paragraph (3) and paragraph (1) of the following Article) that are, at the time of enforcement of this Act, actually conducting the specially permitted services for qualified institutional investors, etc. prescribed in paragraph (2) of Article 63 of the Former Act pertaining to the acts set forth in item (ii) of paragraph (1) of that Article (excluding those pertaining to the acts set forth in Article 63, paragraph (1), item (ii) of the Financial Instruments and Exchange Act as amended by this Act (hereinafter referred to as "the New Act"); hereinafter in this paragraph referred to as "item (ii) specially permitted services for qualified institutional investors, etc. under the Former Act") may, notwithstanding the provisions of Article 29 of the New Act, continue to conduct specially permitted investment management services for qualified institutional investors, etc. under the Former Act until the completion of those item (ii) specially permitted services for qualified institutional investors, etc. under the Former Act (limited to those pertaining to rights for which solicitation of offers for acquisition was commenced before the date of enforcement of this Act (hereinafter referred to as "the effective date"); hereinafter in this Article referred to as "specially permitted investment management services for qualified institutional investors, etc. under the Former Act").

②Where, pursuant to the provisions of the preceding paragraph, a notifier of specially permitted services under the former Act continues to conduct specially permitted investment management services for qualified institutional investors, etc. under the former Act, the provisions of Article 63, paragraphs (5) through (8) and paragraphs (11) through (13), Article 63-2, Articles 63-4 through 63-7, Article 63-9, paragraph (6), Article 65-2, Article 65-4, Article 188, and Article 194-7, paragraphs (2) and (3) of the Financial Instruments and Exchange Act, and the provisions of Chapter VIII and Chapter VIII-2 of that Act pertaining to those provisions, apply by deeming that notifier of specially permitted services under the former Act to be a notifier of specially permitted services prescribed in Article 63, paragraph (5) of the Financial Instruments and Exchange Act. In this case, the phrase "specially permitted services for qualified institutional investors, etc." in Article 63, paragraph (6) of that Act is deemed to be replaced with "specially permitted investment management services for qualified institutional investors, etc. under the former Act (meaning specially permitted investment management services for qualified institutional investors, etc. under the former Act prescribed in Article 2, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Financial Instruments and Exchange Act (Act No. 32 of 2015); the same applies hereinafter)", and the phrase "specially permitted services for qualified institutional investors, etc." in Article 63, paragraph (7) and paragraphs (11) through (13) of that Act, Article 63-2, paragraphs (1) and (3), Article 63-4, paragraph (3), Article 63-5, paragraphs (2), (3) and (6), Article 63-7 and Article 63-9, paragraph (6) of that Act is deemed to be replaced with "specially permitted investment management services for qualified institutional investors, etc. under the former Act"; beyond that, any other necessary technical replacement of terms is specified by Cabinet Order.

③Where, pursuant to the provisions of paragraph (1), a financial instruments business operator, etc. that gave notification under the former Act continues to conduct specially permitted investment management services for qualified institutional investors, etc. under the former Act, the provisions of Article 63, paragraphs (5), (6), (8), (12) and (13), Article 63-2, paragraph (3) and Articles 63-4 through 63-6 of the New Act as applied mutatis mutandis pursuant to Article 63-3, paragraph (2) of the New Act, the provisions of Article 63-3, paragraph (3) (limited to the part pertaining to item (ii)), Article 63-7, Article 65-2, Article 65-4, Article 188, and Article 194-7, paragraphs (2) and (3) of the New Act, and the provisions of Chapter VIII of the New Act pertaining to those provisions, apply by deeming that financial instruments business operator, etc. that gave notification under the former Act to be a financial instruments business operator, etc. (meaning a financial instruments business operator, etc. prescribed in Article 34 of the New Act) that gave notification under Article 63-3, paragraph (1) of the New Act. In this case, the phrase "specially permitted services for qualified institutional investors, etc." in Article 63, paragraph (6) of the New Act as applied mutatis mutandis pursuant to Article 63-3, paragraph (2) of the New Act is deemed to be replaced with "specially permitted investment management services for qualified institutional investors, etc. under the former Act (meaning specially permitted investment management services for qualified institutional investors, etc. under the former Act prescribed in Article 2, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Financial Instruments and Exchange Act (Act No. 32 of 2015); the same applies hereinafter)", and the phrase "specially permitted services for qualified institutional investors, etc." in Article 63, paragraphs (12) and (13), Article 63-2, paragraph (3), Article 63-4, paragraph (3), and Article 63-5, paragraphs (2), (3) and (6) of the New Act as applied mutatis mutandis pursuant to Article 63-3, paragraph (2) of the New Act, and in Article 63-7 of the New Act is deemed to be replaced with "specially permitted investment management services for qualified institutional investors, etc. under the former Act"; beyond that, any other necessary technical replacement of terms is specified by Cabinet Order.

①A notifier of specially permitted services under the former Act, etc. (meaning a notifier of specially permitted services under the former Act and a notifier of specially permitted investment management services (meaning a person who conducts the specially permitted investment management services prescribed in Article 48, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Securities and Exchange Act, etc. (Act No. 65 of 2006) prior to amendment by the provisions of Article 10 of these Supplementary Provisions (hereinafter in this paragraph referred to as the "Former 2006 Securities and Exchange Act Amendment Act") by being subject to the application of that paragraph (excluding a financial instruments business operator, etc. prescribed in paragraph (4) of that Article)); the same applies in the following paragraph and Article 5 of the Supplementary Provisions), a financial instruments business operator, etc. that gave notification under the former Act, and a financial instruments business operator, etc. prescribed in Article 48, paragraph (4) of the Supplementary Provisions of the Former 2006 Securities and Exchange Act Amendment Act must, within six months from the effective date, submit to the Prime Minister a document stating the matters set forth in Article 63, paragraph (2), item (vii) of the New Act and other matters specified by Cabinet Office Order.

②A document set forth in the items of Article 63, paragraph (3) of the New Act is to be attached to the document that a notifier of specially permitted services under the former Act, etc. submits pursuant to the provisions of the preceding paragraph. In this case, the phrase "document" in items (i) and (ii) of that paragraph is deemed to be replaced with "document or a document stating which of (a) through (d) of that item the person falls under".

③In the case where the documents set forth in Article 63, paragraph (3), item (i) of the New Act are attached pursuant to the provisions of the preceding paragraph, if the articles of incorporation are prepared as an electronic or magnetic record (meaning a record used in computer data processing that is created in electronic form, magnetic form, or any other form that is impossible to perceive through the human senses alone; the same applies hereinafter in this paragraph and in Article 8, paragraph (1) of the Supplementary Provisions), an electronic or magnetic record (limited to one specified by Cabinet Office Order prescribed in Article 63, paragraph (4) of the New Act) may be attached in lieu of the documents.

The provisions of Article 63, paragraph (5) of the New Act (including where applied mutatis mutandis pursuant to Article 63-3, paragraph (2) of the New Act) do not apply until the date specified by Cabinet Order within a period not exceeding one year and six months from the effective date.

①The provisions of Article 63, paragraph (7) of the New Act (limited to the part pertaining to item (i), (a) or (b), or item (ii), (a) or (b) of that paragraph) do not apply, until the day on which five years have elapsed from the effective date, to the case where a notifier of specially permitted services under the former Act, etc. that actually falls under any of item (i), (a) or (b), or item (ii), (a) or (b) of that paragraph at the time of enforcement of this Act continues to fall under any of item (i), (a) or (b), or item (ii), (a) or (b) of that paragraph.

②The provisions of Article 63, paragraph (7) of the New Act (limited to the part pertaining to item (i), (d) or item (ii), (d) of that paragraph) do not apply, until the day on which six months have elapsed from the effective date, to the case where a notifier of specially permitted services under the former Act, etc. that actually falls under either item (i), (d) or item (ii), (d) of that paragraph at the time of enforcement of this Act continues to fall under either item (i), (d) or item (ii), (d) of that paragraph.

③The provisions of Article 63, paragraph (7) of the New Act (limited to the part pertaining to item (i), (e) or item (ii), (e) of that paragraph) do not apply to the case where a notifier of specially permitted services under the former Act, etc. that actually falls under either item (i), (e) or item (ii), (e) of that paragraph at the time of enforcement of this Act continues to fall under either item (i), (e) or item (ii), (e) of that paragraph.

①The provisions of Article 63-4, paragraph (2) of the New Act (including where applied mutatis mutandis pursuant to Article 63-3, paragraph (2) of the New Act; hereinafter the same applies in this paragraph) apply to the business report prescribed in Article 63-4, paragraph (2) of the New Act for a business year commencing on or after the effective date.

②The provisions of Article 63-4, paragraph (3) of the New Act (including where applied mutatis mutandis pursuant to Article 63-3, paragraph (2) of the New Act; hereinafter the same applies in this paragraph) apply to the explanatory documents prescribed in Article 63-4, paragraph (3) of the New Act for a business year commencing on or after the effective date.

①The Prime Minister is to delegate the authority under the provisions of these Supplementary Provisions (excluding the authority specified by Cabinet Order) to the Commissioner of the Financial Services Agency.

②A part of the authority delegated to the Commissioner of the Financial Services Agency pursuant to the provisions of the preceding paragraph may be delegated to the Director-General of a Local Finance Bureau or the Director-General of a Local Finance Branch Bureau, pursuant to the provisions of Cabinet Order.

①A person who fails to submit the document under the provisions of Article 3, paragraph (1) of the Supplementary Provisions or submits a false document, or who submits documents or electronic or magnetic records to be attached to the document referred to in paragraph (1) of that Article pursuant to the provisions of paragraph (2) or (3) of that Article with a false statement or record, is punished by imprisonment with work for a term of one year or less or a fine of 3,000,000 yen or less, or both.

②If the representative of a corporation, or the agent, employee or any other worker of a corporation or individual, commits a violation under the preceding paragraph in connection with the business or property of that corporation or individual, in addition to the offender being punished, the corporation is sentenced to a fine of 200,000,000 yen or less and the individual is sentenced to the fine prescribed in that paragraph.

With regard to the application of penal provisions to acts committed before this Act comes into effect, the provisions then in force continue to govern.

Beyond what is provided for in Articles 2 through 8 and the preceding Article of the Supplementary Provisions, transitional measures necessary in connection with the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.

Taking five years after this Act comes into effect as a target, the Government is to, if it finds it necessary in consideration of the status, etc. of the enforcement of the New Act, examine the provisions of the New Act and take required measures based on the results.