A mutual aid contract may not be concluded by anyone other than a small-scale enterprise.
A small-scale enterprise that is an individual business operator and concurrently an officer of a company, etc. may conclude a mutual aid contract only in one of the following capacities:
The capacity of an individual small-scale enterprise;
個人たる小規模企業者としての地位
The capacity of a small-scale enterprise that is an officer of a company, etc. (for a small-scale enterprise that is concurrently an officer of two or more companies, etc., the capacity of a small-scale enterprise that is an officer of any one of those companies, etc.).
A small-scale enterprise that is concurrently an officer of two or more companies, etc. (excluding a person prescribed in the preceding paragraph) may conclude a mutual aid contract only in the capacity of a small-scale enterprise that is an officer of any one of those companies, etc.
A small-scale enterprise that is currently a mutual aid policyholder may not conclude a new mutual aid contract; provided, however, that this does not apply where a cause set out in one of the items of Article 9, paragraph (1) relating to that mutual aid contract has arisen for that person.
The Organization must not refuse to conclude a mutual aid contract except in the following cases:
Where the applicant for the mutual aid contract is a person whose mutual aid contract was cancelled pursuant to Article 7, paragraph (2) and for whom one year has not elapsed from the date of the cancellation;
Where the applicant for the mutual aid contract is a person for whom one year has not elapsed from the date on which the person received, or attempted to receive, payment of a mutual aid benefit or cancellation refund (hereinafter referred to as "mutual aid benefit, etc.") by deception or other wrongful act;
共済契約の申込者が偽りその他不正の行為によつて共済金又は解約手当金(以下「共済金等」という。)の支給を受け、又は受けようとした日から一年を経過しない者であるとき。
Where, in addition to what is set out in the preceding two items, the case falls under one specified by Order of the Ministry of Economy, Trade and Industry as a case in which the conclusion of the mutual aid contract is likely to impede the proper and smooth operation of the small enterprise mutual aid business.
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)
company, etc.machine translation
「会社等」
A company (会社) or a small and medium-sized enterprise organization (中小企業団体), whose officers can be mutual aid policyholders (共済契約者).
Short name set inArticle 2, paragraph (3)
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
mutual aid benefit, etc.machine translation
「共済金等」
Mutual aid benefits (共済金) and cancellation refunds (解約手当金).
Short name set inArticle 3, paragraph (5), item (ii)
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.