Supplementary Provisions

This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding 2 years from the date of promulgation; provided, however, that the provisions set forth in the following items come into effect as of the dates specified respectively in those items.

The provisions of Article 46-5, paragraphs (2) and (3) of the Medical Care Act after its amendment by the provisions of Article 1 (hereinafter referred to as the "item (ii) New Act") apply to the election of officers of a medical corporation made on or after the date of enforcement of the provisions set forth in item (ii) of the preceding Article (hereinafter referred to as the "item (ii) Effective Date").

With regard to the term of office of a person who is an officer of a medical corporation at the time of enforcement of the provisions set forth in Article 1, item (ii) of the Supplementary Provisions, the provisions then in force continue to govern.

With regard to the authority to represent of the president of a medical corporation existing at the time of enforcement of the provisions set forth in Article 1, item (ii) of the Supplementary Provisions, the provisions then in force continue to govern until a president elected on or after the item (ii) Effective Date assumes office.

With regard to the liability for damages of a councillor, director or auditor of a medical corporation existing at the time of enforcement of the provisions set forth in Article 1, item (ii) of the Supplementary Provisions, based on an act before the item (ii) Effective Date, the provisions then in force continue to govern.

①A medical corporation existing when the provisions set forth in Article 1, item (ii) of the Supplementary Provisions come into effect that, as a result of the enforcement of the item (ii) New Act, needs to change its articles of incorporation or act of endowment must file an application for the approval under Article 54-9, paragraph (3) of the item (ii) New Act within two years counted from the item (ii) Effective Date.

②With regard to the articles of incorporation or act of endowment of a medical corporation existing when the provisions set forth in Article 1, item (ii) of the Supplementary Provisions come into effect, the provisions of Article 44, paragraph (2), item (vii) of the item (ii) New Act do not apply until the day on which two years have passed from the item (ii) Effective Date (for a medical corporation that has filed an application for approval of a change of the articles of incorporation or act of endowment pursuant to the preceding paragraph, until the day on which a disposition on that application was made).

①With regard to a medical corporation as an association, the provisions of Chapter VI, Section 8, Subsection 1 of the item (ii) New Act apply to the case where the consent of all members of the medical corporation to a merger is given on or after the item (ii) Effective Date, and in the case where the consent of all members of the medical corporation to a merger was given before the item (ii) Effective Date, the provisions then in force continue to govern.

②With regard to a medical corporation as a foundation, the provisions of Chapter VI, Section 8, Subsection 1 of the item (ii) New Act apply to the case where the consent of two-thirds or more of the directors to a merger (where the act of endowment provides otherwise, the procedure under that provision; the same applies hereinafter in this paragraph) is given on or after the item (ii) Effective Date, and in the case where the consent of two-thirds or more of the directors to a merger was given before the item (ii) Effective Date, the provisions then in force continue to govern.

The provisions of Articles 50-2 through 52 of the Medical Care Act as amended by the provisions of Article 2 apply to the accounting of a medical corporation for fiscal years beginning on or after the day this Act comes into effect, and the provisions then in force continue to govern the accounting of a medical corporation for fiscal years that began before the day this Act comes into effect.

With regard to the application of penal provisions to acts committed before this Act (or, for the provisions set forth in Article 1, item (ii) of the Supplementary Provisions, those provisions; the same applies hereinafter in this Article) comes into effect and to acts committed after this Act comes into effect in the cases where the provisions then in force continue to govern pursuant to the provisions of these Supplementary Provisions, the provisions then in force continue to govern.

Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.

When five years have passed since this Act came into effect, the government is to review the status of enforcement of the Medical Care Act as amended by this Act and, when it finds it necessary, take necessary measures based on the results.