If, as of March 31 and September 30 of each year (each of these days is referred to below as a "base date"), the amount that corresponds to one-half of the total amount of advances that a licensed installment seller has received, from persons with which it has concluded contracts for prepaid installment sales by that base date, as all or part of the cost of the goods under the contracts, exceeds the amount of the business security deposit provided for in Article 17, paragraph (1) as of the base date, the licensed installment seller must not conclude any new contract for prepaid installment sales after fifty days have passed counting from the day after that base date, until it takes the preservative measures for advances received which are referred to in the following paragraph and notifies the Minister of Economy, Trade and Industry of this pursuant to the provisions of paragraph (1) of the following Article.
Preservative measures for advances received are the making of business deposit for prepaid services or the conclusion of a contract on the entrustment of business deposits for prepaid services, in a way that the licensed installment seller may allocate an amount that corresponds to one-half of the total amount of the advances that it receives by the base date, from persons with which it has concluded contracts for prepaid installment sales as of the base date, as all or part of the cost of the goods under the contracts, after the business security deposit prescribed in Article 17, paragraph (1) as of the base date is deducted (referred to below as the "base amount"), toward the repayment of obligations arising from those contracts.
A contract on the entrustment of business deposits for prepaid services that is concluded as a preservative measure for advances received is a contract under which the entrusted party agrees to make a business deposit for prepaid services on behalf of the entrusting party, in an amount that corresponds to that with which it is entrusted, if the licensed installment seller that is the entrusting party comes to fall under one of the items of Article 27, paragraph (1) or if the entrusted party receives instructions under the provisions of Article 20-3, paragraph (3), during the period from the day after the notification under the provisions of paragraph (1) of the following Article until fifty days have elapsed counting from the day after the next base date (or, if a notification under that paragraph which concerns the base amount for that next base date is filed before that day, until the day of that notification).
It is not permissible for a person other than a bank, financial institution specified by Cabinet Order, or person designated by the Minister of Economy, Trade and Industry to become the entrusted party under a contract on the entrustment of business deposit for prepaid services as referred to in the preceding paragraph (simply referred to below as a "contract on the entrustment of business deposits").
銀行その他政令で定める金融機関又は経済産業大臣の指定する者でなければ、前項の前受業務保証金供託委託契約(以下単に「供託委託契約」という。)の受託者となることができない。
The provisions of Article 16, paragraph (1) and Article 17, paragraph (2) apply mutatis mutandis when a business deposit for prepaid services is made as a preservative measure for advances received.
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prepaid installment sales
「前払式割賦販売」
An installment sale (割賦販売) under Article 2, paragraph (1), item (i) in which the seller receives all or part of the price of designated goods (指定商品) in two or more payments before delivering them — a business that needs a license from the Minister of Economy, Trade and Industry.
Short name set inArticle 11, paragraph (1)
licensed installment seller
「許可割賦販売業者」
A person licensed by the Minister of Economy, Trade and Industry under Article 11 to carry on prepaid installment sales (前払式割賦販売) as a business.
Short name set inArticle 15, paragraph (1), item (viii), (c)
base amount
「基準額」
Half the advance payments (前受金) a licensed installment seller (許可割賦販売業者) has received by a base date (基準日) under the contracts for prepaid installment sales (前払式割賦販売) then in force, less its business security deposit (営業保証金) on that date — the amount the measures to protect advance payments must be able to cover.
Short name set inArticle 18-3, paragraph (2)
contract on the entrustment of business deposits
「供託委託契約」
A contract on the entrustment of business deposits for prepaid services (前受業務保証金供託委託契約), made to protect the advance payments a licensed installment seller (許可割賦販売業者) has received, under which a bank, another financial institution a Cabinet Order (政令) specifies, or a body the Minister of Economy, Trade and Industry designates agrees to make a deposit (供託) on the seller's behalf in the cases Article 18-3, paragraph (3) sets out.
Short name set inArticle 18-3, paragraph (4)