Chapter VII Miscellaneous Provisions
第七章 雑則
Article 73Real Estate Brokerage advisory panel
第七十三条(宅地建物取引業審議会)
In order to have important matters concerning the Real Estate Brokerage studied and deliberated on in response to requests for advice made by prefectural governors, a prefecture, pursuant to the provisions of Article 138-4, paragraph (3) of the Local Autonomy Act, may set up a Real Estate Brokerage advisory panel.
都道府県は、都道府県知事の諮問に応じて宅地建物取引業に関する重要事項を調査審議させるため、地方自治法第百三十八条の四第三項の規定により、宅地建物取引業審議会を置くことができるものとする。
Article 74real estate brokerage association and federation of real estate brokerage associations
第七十四条(宅地建物取引業協会及び宅地建物取引業協会連合会)
In order to secure the proper operations of the Real Estate Brokerage and promote the sound development of the Real Estate Brokerage, a general incorporated association using "real estate brokerage association" in its name (excluding that which is as prescribed in the following paragraph) must aim to engage in processes relating to the provision of guidance to and communications with members and have set forth articles of association to the effect that business are to be carried out within zones of a given prefecture and to the effect that its members are to consist of Real Estate Brokers.
In order to secure the proper operations of the Real Estate Brokerage and promote the sound development of the Real Estate Brokerage, a general incorporated association using "federation of real estate brokerage associations" in its name must aim to engage in processes relating to the provision of guidance to and communications with members and have set forth articles of association to the effect that business is to be carried out nationwide and to the effect that its members are to consist of general incorporated associations prescribed in the preceding paragraph (hereinafter referred to as "Real Estate Brokerage Associations").
The provisions of the articles of association as prescribed in the preceding two paragraphs may not be revised.
前二項に規定する定款の定めは、これを変更することができない。
Upon its formation, a Real Estate Brokerage Association or a general incorporated association as prescribed in paragraph (2) (hereinafter referred to as "Federation of Real Estate Brokerage Associations") must, within two weeks of the date of its formation, provide a notification of the fact thereof to which a certificate of registered matters and copy of its articles of association are attached to a prefectural governor if it constitutes a Real Estate Brokerage Association or the Minister of Land, Infrastructure, Transport and Tourism if it constitutes a Federation of Real Estate Brokerage Associations.
In order to secure the proper operations of the Real Estate Brokerage or promote the sound development of the Real Estate Brokerage, the Minister of Land, Infrastructure, Transport and Tourism may issue a request to have a report on necessary matters submitted or provide necessary guidance, advice, or recommendations to a Federation of Real Estate Brokerage Associations and a prefectural governor may issue a request to have a report concerning necessary matters submitted or provide necessary guidance, advice, or recommendations to a Real Estate Brokerage Association.
国土交通大臣は、宅地建物取引業協会連合会に対して、都道府県知事は、宅地建物取引業協会に対して、宅地建物取引業の適正な運営を確保し、又は宅地建物取引業の健全な発達を図るため、必要な事項に関して報告を求め、又は必要な指導、助言及び勧告をすることができる。
Article 75Restrictions on use of name
第七十五条(名称の使用制限)
A person who does belong to neither a Real Estate Brokerage Association nor a Federation of Real Estate Brokerage Associations is to use a "Real Estate Brokerage Association" or "Federation of Real Estate Brokerage Associations" in the name thereof.
宅地建物取引業協会及び宅地建物取引業協会連合会でない者は、宅地建物取引業協会又は宅地建物取引業協会連合会という文字をその名称中に用いてはならない。
第七十五条の二(宅地建物取引業者を社員とする一般社団法人による体系的な研修の実施)
A general incorporated association whose direct or indirect members are Real Estate Brokers must endeavor to implement systematic training pertaining to laws and regulations, finance, and various other fields so that real estate transaction specialists, etc. are able to acquire effectively and efficiently the knowledge and abilities necessary in connection with their duties.
第七十五条の三(宅地建物取引業者の使用人等の秘密を守る義務)
An employee or other worker belonging to a Real Estate Broker is not to divulge any confidential information learned in the course of assisting in the Real Estate Brokerage to another party unless there are justifiable grounds for doing so. The same applies even after a person is no longer an employee or other worker belonging to a Real Estate Broker.
Article 75-4Provision of materials to the Prime Minister
第七十五条の四(内閣総理大臣への資料提供等)
If the Prime Minister deems it necessary for efforts to protect the interests of a Real Estate Brokerage Operation Counterparty as prescribed in Article 35, paragraph (1), item (xiv)(a) of a Real Estate Broker to whom the Minister of Land, Infrastructure, Transport and Tourism has granted a license, said Prime Minister may issue a request to the Minister of Land, Infrastructure, Transport and Tourism for the provision of materials, a briefing, and any other required form of cooperation.
内閣総理大臣は、国土交通大臣の免許を受けた宅地建物取引業者の第三十五条第一項第十四号イに規定する宅地建物取引業者の相手方等の利益の保護を図るため必要があると認めるときは、国土交通大臣に対し、資料の提供、説明その他必要な協力を求めることができる。
Article 76Completion of transactions in line with a license rescission
第七十六条(免許の取消し等に伴う取引の結了)
If the period of validity as provided for in Article 3, paragraph (2), expires; a license ceases to be effective pursuant to the provisions of Article 11, paragraph (2); or a Real Estate Broker falls under Article 11, paragraph (1), item (i) or (ii), or is subject to a license rescission pursuant to the provisions of Article 25, paragraph (7); Article 66; or Article 67, paragraph (1); a person formerly constituting said Real Estate Broker or a general successor thereto is still to be regarded as a Real Estate Broker to the extent required to complete transactions based on an agreement concluded by said Real Estate Broker.
Article 77Special provisions concerning trust companies
第七十七条(信託会社等に関する特例)
The provisions of Articles 3 through 7; Article 12; Article 25, paragraph (7); Article 66; and Article 67, paragraph (1); is not to apply to a trust company that has obtained a license as provided for in Article 3 or Article 53, paragraph (1) of the Trust Business Act (Act No. 154 of 2004) (excluding that which is as specified by Cabinet Order; the same is not to apply in the following paragraph and paragraph (3)).
A trust company engaging in the Real Estate Brokerage, with the exception of provisions as listed in the preceding paragraph, is deemed a Real Estate Broker to whom the Minister of Land, Infrastructure, Transport and Tourism has granted a license and is subject to the provisions of this Act, accordingly.
If a trust company intends to engage in the Real Estate Brokerage, pursuant to the provisions of an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, it must submit a notification of the fact thereof to the Minister of Land, Infrastructure, Transport and Tourism.
信託会社は、宅地建物取引業を営もうとするときは、国土交通省令の定めるところにより、その旨を国土交通大臣に届け出なければならない。
Required matters in connection with the application of the provisions of this Act to financial institutions concurrently engaged in trust operations and trust companies as specified by Cabinet Order as provided for in paragraph (1) is to be as specified by Cabinet Order.
信託業務を兼営する金融機関及び第一項の政令で定める信託会社に対するこの法律の規定の適用に関し必要な事項は、政令で定める。
第七十七条の二
The provisions of Articles 3 through 7; Article 12; Article 25, paragraph (7); Article 66; and Article 67, paragraph (1); is not to apply to a registered investment corporation through which an Approved Real Estate Broker is to invest the assets thereof (registered investment corporation as prescribed in Article 2, paragraph (13), of the Act on Investment Trusts and Investment Corporations).
第三条から第七条まで、第十二条、第二十五条第七項、第六十六条及び第六十七条第一項の規定は、認可宅地建物取引業者がその資産の運用を行う登録投資法人(投資信託及び投資法人に関する法律第二条第十三項に規定する登録投資法人をいう。)には、適用しない。
A registered investment corporation as provided for in the preceding paragraph is deemed a Real Estate Broker to whom the Minister of Land, Infrastructure, Transport and Tourism has granted a license and accordingly subject to the provisions of this Act with the exception of the provisions as listed in the preceding paragraph and the provisions of Article 31-3, Article 35, Article 35-2, Article 37, and Articles 48 through 50.
第七十七条の三
The provisions of Articles 3 through 7; Article 12; Article 25, paragraph (7); Article 66; and Article 67, paragraph (1) do not apply to a special business operator (meaning a special business operator as prescribed in Article 2, paragraph (9) of the Act on Specified Joint Real Estate Ventures; the same applies in the following paragraph).
A special business operator is deemed a Real Estate Broker that has obtained a license granted by the Minister of Land, Infrastructure, Transport and Tourism and accordingly subject to the provisions of this Act with the exception of the provisions as listed in the preceding paragraph and the provisions of Article 31-3, Article 35, Article 35-2, Article 37, and Articles 48 through 50.
Article 78Exemption from application
第七十八条(適用の除外)
The provisions of this Act are not to apply to the national government or a local government.
この法律の規定は、国及び地方公共団体には、適用しない。
The provisions of Article 33-2 and Articles 37-2 through 43 are not to apply to any transaction carried out by and between Real Estate Brokers.
第三十三条の二及び第三十七条の二から第四十三条までの規定は、宅地建物取引業者相互間の取引については、適用しない。
Article 78-2Delegation of authority
第七十八条の二(権限の委任)
A part of the authority of the Minister of Land, Infrastructure, Transport and Tourism as prescribed in this Act may, as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, be delegated to the Regional Development Bureau Director General or the Hokkaido Development Bureau Director General.
この法律に規定する国土交通大臣の権限は、国土交通省令で定めるところにより、その一部を地方整備局長又は北海道開発局長に委任することができる。
The authority of the Prime Minister as prescribed in this Act (excluding that which is as specified by Cabinet Order) is delegated to the Director-General of the Consumer Affairs Agency.
この法律に規定する内閣総理大臣の権限(政令で定めるものを除く。)は、消費者庁長官に委任する。
Article 78-3Provision of Information on Licenses, etc. to Prefectural Governors
第七十八条の三(都道府県知事への免許等に関する情報の提供)
In the cases listed in the following items, the Minister of Land, Infrastructure, Transport and Tourism must, without delay, provide the matters specified in the respective items, and copies of the Specified Documents attached to the license application form under Article 4, paragraph (1) or to the written notification under Article 9, paragraph (1) in the case listed in the respective item, to the prefectural governor with jurisdiction over the location of the principal office of the Real Estate Broker:
if a license under Article 3, paragraph (1) has been granted: the matters listed in the items of Article 8, paragraph (2) concerning the Real Estate Broker that has obtained said license;
if a written notification under Article 9, paragraph (1) has been accepted: the matters stated in said written notification (excluding the matters listed in Article 4, paragraph (1), item (v)).
If the Minister of Land, Infrastructure, Transport and Tourism accepts a notification under the provisions of Article 11, paragraph (1), the Minister of Land, Infrastructure, Transport and Tourism must, without delay, provide a notification of the fact thereof to the prefectural governor with jurisdiction over the location of the principal office of the person who has come to fall under any of the items of the same paragraph.
Article 78-4Classification of processes
第七十八条の四(事務の区分)
The processes to be processed by a prefecture pursuant to the provisions of Article 8, Article 10, and Article 14 (limited to those relating to the maintenance of, registration of matters to, inspection of, correction of, and deletion of items from a roster of Real Estate Brokers pertaining to a Real Estate Broker to whom the Minister of Land, Infrastructure, Transport and Tourism has granted a license) are to constitute item (i) statutory entrusted processes as prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act.