Where a mutual aid contract is cancelled and the number of months of paid premiums of the mutual aid policyholder is 12 months or more, the Organization is to pay a cancellation refund to the mutual aid policyholder.
Where a mutual aid contract is cancelled pursuant to the provisions of Article 7, paragraph (2), item (ii), no cancellation refund is to be paid, notwithstanding the preceding paragraph; provided, however, that this does not apply where there are special circumstances specified by Order of the Ministry of Economy, Trade and Industry.
The amount of the cancellation refund is, according to the cases set out in the following items, the amount specified in the relevant item:
解約手当金の額は、次の各号に掲げる場合に応じ、それぞれ当該各号に定める金額とする。
where a mutual aid contract is cancelled pursuant to the provisions of Article 7, paragraph (2) or paragraph (3), or is deemed to have been cancelled pursuant to the provisions of paragraph (4), item (i) of that Article (limited to where that mutual aid policyholder has become a small-scale enterprise that is an officer of the company referred to in that item): the total amount of the amounts obtained, for each premium unit, by multiplying the total amount of the premiums paid for that unit by a ratio specified by Cabinet Order that is not less than 80 percent;
where a mutual aid contract is deemed to have been cancelled pursuant to the provisions of Article 7, paragraph (4) (excluding, where it is so deemed under item (i) of that paragraph, the case where that mutual aid policyholder has become a small-scale enterprise that is an officer of the company referred to in that item): the total amount of the premium-unit cancellation refund amounts corresponding to the premium units.
The premium-unit cancellation refund amount under item (ii) of the preceding paragraph is, according to the number of months of paid premiums for the premium unit set out in each of the following items, the amount specified in the relevant item:
less than 36 months: the total amount of the premiums paid for that premium unit;
三十六月未満 その掛金区分に係る納付に係る掛金の合計額
36 months or more: the total amount of the amounts specified in (a) through (c) (or, where that amount does not reach the total amount of the premiums paid for that premium unit, that total amount).
三十六月以上 次のイからハまでに定める金額の合計額（その額がその掛金区分に係る納付に係る掛金の合計額に達しないときは、その合計額）
the amount specified by Cabinet Order according to the number of months of paid premiums for that premium unit;
その掛金区分に係る掛金納付月数に応じ政令で定める金額
the total amount of the amounts obtained by multiplying the hypothetical cancellation refund amount (meaning the amount obtained where the provisions of (a) are applied on the assumption that a ground set out in the items of Article 7, paragraph (4) arose in a reference month) by the payment rate prescribed in Article 9, paragraph (5) for the fiscal year to which the respective reference month belongs;
the amount obtained by multiplying the amount specified in (a) by the payment rate prescribed in Article 9, paragraph (5) for the fiscal year to which the day on which a ground set out in the items of Article 7, paragraph (4) arose belongs, and further multiplying the result by the rate obtained by dividing by 12 the number of months obtained by subtracting the number of months of paid premiums as of the last reference month from the number of months of paid premiums for that premium unit.
The provisions of the first sentence of Article 9, paragraph (4) apply mutatis mutandis to the ratio specified by Cabinet Order in paragraph (3), item (i) and the amount specified by Cabinet Order in item (ii), (a) of the preceding paragraph. In this case, the amount obtained by multiplying by the ratio specified by Cabinet Order prescribed in paragraph (3), item (i) must be less than the premium-unit cancellation refund amount prescribed in item (ii) of that paragraph, and the amount specified by Cabinet Order in item (ii), (a) of the preceding paragraph must be less than the amount specified by Cabinet Order in Article 9, paragraph (3), item (ii), (a).
The provisions of Article 9, paragraph (6) apply mutatis mutandis where a Cabinet Order is enacted or amended pursuant to the provisions of paragraph (4), item (ii), (a). In this case, the phrase "the items of paragraph (1)" in Article 9, paragraph (6) is deemed to be replaced with "the items of Article 7, paragraph (4)", and the phrase "mutual aid benefits" is deemed to be replaced with "cancellation refunds".
Read this with the articles around it
small-scale enterprisemachine translation
「小規模企業者」
An individual who runs a business with 20 or fewer regular employees in industry, mining, transport and similar fields, 5 or fewer in commerce or services, or no more than a number a Cabinet Order (政令) sets for the industries it names; an individual who takes part in running such a business; or an officer of a company of the same size or of a small and medium-sized enterprise organization (中小企業団体) a Cabinet Order specifies.
Defined inArticle 2, paragraph (1)· applies throughout the law
mutual aid contractmachine translation
「共済契約」
A contract under which a small-scale enterprise (小規模企業者) promises to pay premiums (掛金) to the Organization for Small and Medium Enterprises and Regional Innovation, JAPAN (独立行政法人中小企業基盤整備機構), and the Organization promises to pay a mutual aid benefit (共済金) as the Small Enterprise Mutual Relief Projects Act provides when that person's business is closed or a similar event occurs.
Defined inArticle 2, paragraph (2)· applies throughout the law
the Organizationmachine translation
「機構」
The Organization for Small and Medium Enterprises and Regional Innovation, JAPAN (独立行政法人中小企業基盤整備機構), an incorporated administrative agency, with which small-scale enterprises (小規模企業者) conclude mutual aid contracts (共済契約) and which pays the mutual aid benefits (共済金).
Short name set inArticle 2, paragraph (2)
mutual aid policyholdermachine translation
「共済契約者」
An individual business operator, or an officer of a company or of a small and medium-sized enterprise organization (中小企業団体), who is a party to a mutual aid contract (共済契約).
Defined inArticle 2, paragraph (3)· applies throughout the law
premium unitmachine translation
「掛金区分」
Each 500-yen unit into which the premium (掛金) paid for each month is divided, in order, to work out a mutual aid benefit (共済金), which is the total of the amounts worked out for each unit.
Short name set inArticle 9, paragraph (2)
reference monthmachine translation
「基準月」
For a premium unit (掛金区分), each month in which the number of months of paid premiums (掛金納付月数) for it reaches 36, or 36 plus a multiple of 12 (48, 60 and so on).
Defined inArticle 9, paragraph (3), item (ii), (b)
fiscal yearmachine translation
「年度」
The fiscal year, from 1 April to 31 March of the following year.
Defined inArticle 9, paragraph (3), item (ii), (b)
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.