If the Minister of Economy, Trade and Industry finds a person applying for designation to fall under one of the following items, the minister must not accord that person the designation:
経済産業大臣は、指定を申請した者が次の各号のいずれかに該当すると認めるときは、その指定をしてはならない。
a person that is not a stock company with a stated capital of at least 50,000,000 yen;
資本金の額が五千万円以上の株式会社でない者
a person other than one stated in the preceding item, but which does not have a sufficient financial basis to soundly perform the services under entrustment which it seeks to perform;
a person whose articles of incorporation, business method, or business plan is in violation of laws and regulations, or is not sufficient for ensuring proper business operations;
定款の規定又は業務方法書若しくは事業計画書の内容が法令に違反し、又は事業の適正な運営を確保するのに十分でない者
a person with general conditions in its contract on the entrustment of business deposits for prepaid services which do not conform to the standards specified by Order of the Ministry of Economy, Trade and Industry;
前受業務保証金供託委託契約約款の内容が経済産業省令で定める基準に適合しない者
a person whose designation has been rescinded pursuant to the provisions of Article 35-14, paragraph (2), if three years have not yet passed since the date of the rescission;
第三十五条の十四第二項の規定により指定を取り消され、その取消しの日から三年を経過しない者
a person that has been sentenced to a fine pursuant to the provisions of this Act, if three years have not yet passed since the person finished serving the sentence or ceased to be subject to its enforcement; or
この法律の規定により罰金の刑に処せられ、その刑の執行を終わり、又は執行を受けることがなくなつた日から三年を経過しない者
a person with an officer that falls under one of the following:
役員のうちに次のいずれかに該当する者のある者
a person specified by Order of the Ministry of Economy, Trade and Industry as being unable to cope with the execution of their duties due to a mental or physical disorder;
心身の故障のため職務を適正に執行することができない者として経済産業省令で定める者
a person that has not had rights restored after receiving a ruling of commencement of bankruptcy proceedings;
破産手続開始の決定を受けて復権を得ない者
a person that has been sentenced to imprisonment or a heavier punishment or a person that has been sentenced to a fine pursuant to the provisions of this Act, if three years have not yet passed since the person finished serving the sentence or ceased to be subject to its enforcement; or
拘禁刑以上の刑に処せられ、又はこの法律の規定により罰金の刑に処せられ、その刑の執行を終わり、又は執行を受けることがなくなつた日から三年を経過しない者
a person that, during the 30 days before the relevant disposition, was the officer of a person accorded a designation (referred to below as a "designated entrusted institution"), whose designation has been rescinded pursuant to the provisions of Article 35-14, paragraph (2), if three years have not yet passed since the date of the disposition.
指定を受けた者（以下「指定受託機関」という。）が第三十五条の十四第二項の規定により指定を取り消された場合において、その処分のあつた日前三十日以内にその指定受託機関の役員であつた者で、その処分のあつた日から三年を経過しないもの
services under entrustment
「受託事業」
The business of acting as the entrusted party under contracts on the entrustment of business deposits (供託委託契約) made to protect advance payments (前受金保全措置) — the business for which the designation under Article 35-4 is applied for.
Short name set inArticle 35-4, paragraph (1)
designation
「指定」
In Chapter III-3, the Minister of Economy, Trade and Industry's designation under Article 18-3, paragraph (4) (also as it applies to specified prepaid transactions (前払式特定取引)) of a body that may act as the entrusted party under contracts on the entrustment of business deposits (供託委託契約), granted on the application of one that seeks to carry on that business.
Short name set inArticle 35-4, paragraph (1)· applies only in this chapter
designated entrusted institution
「指定受託機関」
A body designated under Article 18-3, paragraph (4) to act as the entrusted party under contracts on the entrustment of business deposits (供託委託契約) that protect the advance payments licensed installment sellers have received.
Short name set inArticle 35-5, paragraph (1), item (vii), (d)
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.