Article 51-3Recording of Securities Pertaining to Public and Corporate Bonds, etc.
第五十一条の三(公社債等に係る有価証券の記録等)
The method specified by Cabinet Order prescribed in Article 11, paragraph (3) (Nontaxability of Public Corporations and Charitable Trusts) of the Act is, for each category of public and corporate bonds, etc. listed in the following items for which a public corporation, etc. or the trustee of a public interest trust, etc. seeks to receive the application of Article 11, paragraphs (1) and (2) of the Act with respect to the interest and similar income (meaning the interest and similar income prescribed in Article 11, paragraph (3) of the Act; the same applies in the following Article) on the public and corporate bonds, etc. prescribed in Article 11, paragraph (3) of the Act (hereinafter in this paragraph, the following paragraph, and the following Article referred to as "public and corporate bonds, etc.") that it owns or that belong to the trust property of the public interest trust, etc., the method specified in the relevant item.
public and corporate bonds and the beneficial interests listed in the items of the preceding Article (excluding those listed in the following item through item (iv)): the method of having an entry or record made in the transfer account book of a financial institution pertaining to the business office or similar place of a financial institution (meaning the business office, office, or other similar place of a person listed in Article 32, items (i), (iv), and (v) (Scope of Financial Institutions, etc.); the same applies hereinafter in this paragraph and in items (i) and (iv) of the following paragraph);
corporate bonds (meaning corporate bonds prescribed in Article 2, paragraph (1), item (ix) (Definitions) of the Act that fall under the rights prescribed in Article 29-2, paragraph (1), item (viii) (Application for Registration) of the Financial Instruments and Exchange Act; the same applies hereinafter in this item and in item (ii) of the following paragraph): the method of placing them in custody, by a specified management method (meaning a method that satisfies requirements prescribed by the Commissioner of the Financial Services Agency, such as imposing restrictions on the transfer of those corporate bonds), with a financial instruments business operator or similar institution (meaning a financial instruments business operator prescribed in Article 2, paragraph (9) (Definitions) of that Act (limited to a person that conducts type-I financial instruments business prescribed in Article 28, paragraph (1) (General Provisions) of that Act) or a registered financial institution prescribed in Article 2, paragraph (11) of that Act; the same applies in item (ii) of the following paragraph);
社債(法第二条第一項第九号(定義)に規定する社債であつて、金融商品取引法第二十九条の二第一項第八号(登録の申請)に規定する権利に該当するものをいう。以下この号及び次項第二号において同じ。) 金融商品取引業者等(同法第二条第九項(定義)に規定する金融商品取引業者(同法第二十八条第一項(通則)に規定する第一種金融商品取引業を行う者に限る。)又は同法第二条第十一項に規定する登録金融機関をいう。同号において同じ。)に特定管理方法(当該社債の譲渡についての制限を付すことその他の金融庁長官が定める要件を満たす方法をいう。)による保管の委託をする方法
public and corporate bonds and the beneficial interests listed in item (ii) or (iii) of the preceding Article that are acquired from an Investment Trust management company (meaning an Investment Trust management company prescribed in Article 2, paragraph (11) (Definitions) of the Act on Investment Trusts and Investment Corporations; the same applies in item (iii) of the following paragraph) (excluding those listed in the preceding item): the method of having an entry or record made in the transfer account book of a financial institution through the business office of that Investment Trust management company that has brokered the transfer;
long-term credit bank debentures under Article 8 (Issuance of Long-Term Credit Bank Debentures) of the Long Term Credit Bank Act and other public and corporate bonds, etc. specified by Ministry of Finance Order, and beneficiary certificates in registered form of Loan Trusts and Bond-Based Investment Trusts Under Public Offering (limited to Investment Trusts not managed under instructions from the settlor prescribed in Article 2, paragraph (2) of the Act on Investment Trusts and Investment Corporations) (excluding those listed in item (ii)): the method of having an entry or record made in the transfer account book of a financial institution pertaining to the business office or similar place of a financial institution, or the method of having them kept at the business office or similar place of a financial institution.
The business offices or similar places (meaning business offices, offices, or other places equivalent to these; the same applies in item (ii)) listed in the following items (hereinafter in the following Article referred to as the "office of a financial institution or similar body") must, for the public and corporate bonds, etc. specified in the relevant item, keep books, set up an account for each person who has had an entry or record made or has placed the bonds in custody, and enter or record the matters specified by Ministry of Finance Order.
the business office or similar place of a financial institution set forth in item (i) of the preceding paragraph: the public and corporate bonds, etc. for which an entry or record has been made in the transfer account book of a financial institution set forth in that item;
the business office or similar place of a financial instruments business operator or similar institution set forth in item (ii) of the preceding paragraph: the corporate bonds for which custody has been accepted as set forth in that item;
the business office of the Investment Trust management company set forth in item (iii) of the preceding paragraph: the public and corporate bonds, etc. for which an entry or record has been made in the transfer account book of a financial institution set forth in that item;
the business office or similar place of a financial institution set forth in item (iv) of the preceding paragraph: the public and corporate bonds, etc. for which an entry or record has been made in the transfer account book of a financial institution, or for which custody has been accepted, as set forth in that item.
When the Commissioner of the Financial Services Agency has specified requirements pursuant to paragraph (1), item (ii), the Commissioner is to give public notice thereof.
金融庁長官は、第一項第二号の規定により要件を定めたときは、これを告示する。
In addition to what is provided for in paragraphs (1) and (2), necessary matters concerning the retention of the books set forth in paragraph (2) are specified by Ministry of Finance Order.
Read this with the articles around it
public corporation, etc.machine translation
「公共法人等」
A domestic corporation listed in Appended Table 1 of the Income Tax Act, as Article 11, paragraph (1) of that Act refers to it, whose interest, dividends and similar income are not subject to income tax.
Short name set inArticle 51, paragraph (1), item (i)· applies only in this article and in Articles 51-2 to 51-4
public interest trust, etc.machine translation
「公益信託等」
A public interest trust (公益信託) or a participant protection trust (加入者保護信託) as defined in Article 2, paragraph (11) of the Act on Book-Entry Transfer of Corporate Bonds and Shares, as Article 11, paragraph (2) of the Income Tax Act refers to them.
Short name set inArticle 51, paragraph (1), item (i)· applies only in this article and in Articles 51-2 to 51-4
transfer account bookmachine translation
「振替口座簿」
In Articles 51 and 51-3, a transfer account book kept under the Act on Book-Entry Transfer of Corporate Bonds and Shares by a bank, trust company or other financial institution listed in Article 32, item (i), a financial instruments business operator (金融商品取引業者) carrying on Type I financial instruments business, or a life or non-life insurance company registered under the Financial Instruments and Exchange Act.
Defined inArticle 51, paragraph (1), item (i)· applies only in this article and in Article 51-3
public and corporate bonds, etc.machine translation
「公社債等」
Public and corporate bonds, and beneficial interests in loan trusts, investment trusts or special purpose trusts of the kinds a Cabinet Order (政令) sets, as Article 11, paragraph (3) of the Income Tax Act refers to them, whose interest, distributions or dividends are exempt for public corporations and public interest trusts only if held and recorded in the way this paragraph sets.
Short name set inArticle 51-3, paragraph (1)· applies only in this paragraph and in Article 51-3, paragraph (2); and Article 51-4
interest and similar incomemachine translation
「利子等」
Interest, distributions of profit or dividends of surplus on the bonds and trust beneficial interests described in Article 11, paragraph (3) of the Income Tax Act (公社債等), as that paragraph defines them.
Defined inArticle 51-3, paragraph (1)· applies only in this provision and in Article 51-4
business office or similar placemachine translation
「営業所等」
In Article 51-3, paragraph (1) and paragraph (2), items (i) and (iv), a business office, office or similar establishment of the financial institutions listed in Article 32, items (i), (iv) and (v).
Defined inArticle 51-3, paragraph (1), item (i)· applies only in this paragraph and in Article 51-3, paragraph (2), items (i) and (iv)
corporate bondmachine translation
「社債」
A corporate bond as covered by Article 2, paragraph (1), item (ix) of the Income Tax Act (including bonds a corporation other than a company issues under a special Act) that is also a right described in Article 29-2, paragraph (1), item (viii) of the Financial Instruments and Exchange Act: a right deemed a security under Article 2, paragraph (2) of that Act, of the kind a Cabinet Office Order (内閣府令) sets in view of how it is recorded or transferred.
Defined inArticle 51-3, paragraph (1), item (ii)· applies only in this item and in Article 51-3, paragraph (2), item (ii)
financial instruments business operator or similar institutionmachine translation
「金融商品取引業者等」
A financial instruments business operator as defined in Article 2, paragraph (9) of the Financial Instruments and Exchange Act that carries on type I financial instruments business, or a registered financial institution as defined in Article 2, paragraph (11) of that Act.
Defined inArticle 51-3, paragraph (1), item (ii)· applies only in this provision and in Article 51-3, paragraph (2), item (ii)
investment trust management companymachine translation
「投資信託委託会社」
In Article 51-3, an investment trust management company as defined in Article 2, paragraph (11) of the Act on Investment Trusts and Investment Corporations: a financial instruments business operator (金融商品取引業者) carrying on investment management business, other than a trust company, that is the settlor of an investment trust whose investments the settlor directs.
Defined inArticle 51-3, paragraph (1), item (iii)· applies only in this provision and in Article 51-3, paragraph (2), item (iii)
business office or similar placemachine translation
「営業所等」
In Article 51-3, paragraph (2), a business office, office or similar establishment that must keep books and open an account for each person whose bonds or similar securities it records in a transfer account book or holds in custody.
Defined inArticle 51-3, paragraph (2)· applies only in this provision
office of a financial institution or similar bodymachine translation
「金融機関等の営業所等」
The business offices or similar places Article 51-3, paragraph (2) lists — of financial institutions, financial instruments business operators or similar (金融商品取引業者等) and investment trust management companies (投資信託委託会社) — which must keep books with an account for each person whose bonds or similar they record or hold.
Short name set inArticle 51-3, paragraph (2)· applies only in this provision and in Article 51-4
Commissioner of the Financial Services Agency
金融庁長官
The head of the Financial Services Agency (金融庁), which the Act for Establishment of the Financial Services Agency (金融庁設置法) sets up as an external agency (外局) of the Cabinet Office — an agency attached to it, with a head of its own (Article 2). The Agency's mission is to keep Japan's financial system stable, to protect depositors, insurance policyholders, investors in securities and people in a like position, and to help finance flow smoothly (Article 3, paragraph (1)). The Banking Act hands the Prime Minister's (内閣総理大臣) powers under it to the Commissioner, except those a Cabinet Order (政令) keeps back, and lets the Commissioner, as a Cabinet Order provides, pass some of them on to the directors of the Local Finance Bureaus and Local Finance Branch Bureaus (財務局長, 財務支局長) (Banking Act, Article 59).
Written by AI using Act for Establishment of the Financial Services Agency, Arts. 2, 3 and Banking Act, Art. 59 as a reference.