Where, with respect to a mutual aid policyholder, there has been inheritance, merger or split, or transfer of the whole of its business, its universal successor or the transferee of the whole of its business (hereinafter referred to as the "successor, etc.") may, by making an application to the Organization within the period specified by Order of the Ministry of Economy, Trade and Industry and obtaining its consent, succeed to the position held by that mutual aid policyholder.
The Organization must not refuse the consent under the preceding paragraph, except in the following cases:
when the successor, etc. is not a small and medium-sized enterprise;
where there are mutual aid benefits or temporary loans to be repaid, interest to be paid or penalties under Article 10, paragraph (3) or Article 10-2, paragraph (5) to be paid, or mutual aid benefits, temporary loans, early repayment allowances, cancellation refunds or full repayment allowances to be returned pursuant to the following Article, in relation to the mutual aid policyholder whose position is to be succeeded to pursuant to the preceding paragraph, and the successor, etc. does not assume the obligation to repay, pay or return them;
when a ground set out in the items of Article 3, paragraph (3) exists with respect to the successor, etc.
Where the monthly premium of a mutual aid policyholder who has succeeded pursuant to paragraph (1) would exceed an amount equivalent to one-fortieth of the premium payment limit, the monthly premium is to be an amount equivalent to one-fortieth of the premium payment limit.
Where the total premium amount of a mutual aid policyholder who has succeeded pursuant to paragraph (1), calculated in the same manner as under the provisions of Article 11, paragraph (4), would exceed the premium payment limit, the total premium amount is to be the premium payment limit, and the Organization returns the amount by which it would exceed to that person.
In the case referred to in the preceding paragraph, the Organization may deduct the total amount of the amounts set out in the following items from the amount to be returned:
the portion of the temporary loan to be repaid that exceeds the maximum loan amount of the temporary loan that would be lent to the successor, etc. on the assumption that that temporary loan did not exist at the time of the succession;
the amount of interest and penalties on the portion of that temporary loan equivalent to the amount referred to in the preceding item.
Beyond what is provided for in the preceding three paragraphs, matters necessary for succession are specified by Cabinet Order.
前三項に定めるもののほか、承継に関し必要な事項は、政令で定める。
Read this with the articles around it
small and medium-sized enterprisemachine translation
「中小企業者」
A company whose stated capital, or a company or individual whose number of regular employees, is at or below a limit set by industry — 300 million yen or 300 employees in manufacturing, construction, transport and other industries, 100 million yen or 100 in wholesale, 50 million yen or 100 in services, 50 million yen or 50 in retail, or the amounts a Cabinet Order (政令) sets for industries it names — or an enterprise association (企業組合), a cooperative partnership (協業組合), or a business cooperative (事業協同組合) or other union set up under a special law that meets requirements a Cabinet Order sets.
Defined inArticle 2, paragraph (1)· 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 and medium-sized enterprises (中小企業者) conclude mutual aid contracts (共済契約) and which lends them mutual aid benefits (共済金).
Short name set inArticle 2, paragraph (2)
mutual aid policyholdermachine translation
「共済契約者」
The party to a mutual aid contract (共済契約) other than 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): the business that pays the premiums (掛金).
Defined inArticle 2, paragraph (3)· applies throughout the law
early repayment allowancemachine translation
「早期償還手当金」
An allowance 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) may pay under Article 10, paragraph (6) to a mutual aid policyholder (共済契約者) who finishes repaying a mutual aid benefit (共済金) it borrowed before the deadline for completing repayment, having repaid the whole of it by the repayment dates (償還期日).
Defined inArticle 2, paragraph (4)· applies throughout the law
temporary loanmachine translation
「一時貸付金」
Money 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) lends under Article 10-2, paragraph (1) to a mutual aid policyholder (共済契約者) who needs business funds for a temporary purpose.
Defined inArticle 2, paragraph (5)· applies throughout the law
cancellation refundmachine translation
「解約手当金」
The refund 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) pays under Article 11, paragraph (1) when a mutual aid contract (共済契約) is cancelled, where premiums (掛金) have been paid for 12 months or more.
Defined inArticle 2, paragraph (6)· applies throughout the law
full repayment allowancemachine translation
「完済手当金」
An allowance 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) may pay under Article 11-2, paragraph (1), when the mutual aid scheme's finances leave a surplus, to a mutual aid policyholder (共済契約者) who has repaid the whole of a mutual aid benefit (共済金) it borrowed by the repayment dates (償還期日).
Defined inArticle 2, paragraph (7)· applies throughout the law
premium payment limitmachine translation
「掛金納付制限額」
One tenth of the amount a Cabinet Order (政令) sets, under the proviso to Article 9, paragraph (2), as the ceiling on the total of mutual aid benefits (共済金) lent and not yet repaid; the monthly premium (掛金月額) may not be more than one fortieth of it.
Short name set inArticle 4, paragraph (2)
successor, etc.machine translation
「承継人等」
The person who takes over a mutual aid policyholder (共済契約者) as a whole by inheritance, merger or company split, or to whom its whole business is transferred, and who may, with the Organization for Small and Medium Enterprises and Regional Innovation, JAPAN's consent, take over its position under the mutual aid contract (共済契約).
Short name set inArticle 12, paragraph (1)