Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条（施行期日）
This Act comes into effect on the date specified by Cabinet Order within a period not exceeding five months from the date of promulgation.
この法律は、公布の日から起算して五月を超えない範囲内において政令で定める日から施行する。
Supplementary Provisions, Article 2Special Provisions on Advance Payment of Premiums and Loans of Mutual Aid Benefits
第二条（掛金前納及び共済金の貸付けに関する特例）
A mutual aid policyholder who makes an advance payment of premiums during the period until the day on which one year has elapsed from the day of enforcement of this Act may, upon making that advance payment of premiums, state to the Corporation that, only for an amount within the amount obtained by deducting from an amount equivalent to 60 times the monthly premium the amount of premiums already paid and, where an advance payment of premiums has already been made, the amount of those premiums (excluding those deemed to have been paid pursuant to Article 15, paragraph (2)) (where the advance payment of premiums is made at the time of the application for a mutual aid contract, the amount obtained by deducting the amount of the application money from an amount equivalent to 60 times the monthly premium), it is not necessary to make the reduction under paragraph (1) of that Article for the premiums relating to that advance payment of premiums.
Where a bankruptcy occurs with respect to a business operator that is a counterparty to the transactions of a mutual aid policyholder who has made an advance payment of premiums as stated in an application under the preceding paragraph, and, in respect of a promissory note drawn by that business operator, or a bill of exchange accepted by that business operator, as consideration for transactions with that mutual aid policyholder, which the mutual aid policyholder had discounted by a financial institution specified by Order of the Ministry of International Trade and Industry, the financial institution has exercised its right of recourse against the mutual aid policyholder or requested it to repurchase the note or bill and the mutual aid policyholder has complied, the phrase "less than six months" in Article 9, paragraph (1) is deemed to be replaced with "less than three months" for the application of that paragraph to the loan of mutual aid benefits.
Notwithstanding Article 9, paragraph (2), the loan amount of mutual aid benefits under Article 9, paragraph (1) as applied with terms replaced pursuant to the preceding paragraph is the amount requested by the mutual aid policyholder within the range of the least of the amounts set out in the following items:
the amount of accounts receivable, etc. against the business operator that is the counterparty to the transaction relating to the bankruptcy that have become difficult to collect;
an amount equivalent to ten times the amount obtained by deducting the total amount of the amounts set out in the items of Article 9, paragraph (2) from the total amount of the premiums paid as of the date on which the request for the loan was made and the premiums for which an advance payment of premiums relating to a statement under paragraph (1) was made three months or more before the occurrence of the bankruptcy (excluding those deemed to have been paid pursuant to Article 15, paragraph (2)) (where the period from the date on which the mutual aid contract took effect to the date of occurrence of the bankruptcy is less than six months, or where the number of months in which premiums were paid up to the date of occurrence of the bankruptcy is less than six months, the amount of the premiums for which an advance payment of premiums relating to a statement under paragraph (1) was made three months or more before the occurrence of the bankruptcy);
the total amount of an amount equivalent to ten times the amount obtained by deducting the total amount of the amounts set out in the items of Article 9, paragraph (2) from the total amount of premiums paid as of the date on which the request for the loan was made and the face value of the bill relating to that exercise of the right of recourse or request to repurchase (where the period from the date on which the mutual aid contract took effect to the date of occurrence of the bankruptcy is less than six months, or where the number of months in which premiums were paid up to the date of occurrence of the bankruptcy is less than six months, the face value of that bill).
Cabinet Order specifies the replacement of terms necessary for the application of the provisions of this Act to matters concerning the payment of cancellation refunds and the calculation of the total premium amount for a mutual aid policyholder who has made an advance payment of premiums relating to a statement under paragraph (1), and to matters concerning loans of mutual aid benefits where a new bankruptcy occurs with respect to a business operator that is a counterparty to the transactions of a mutual aid policyholder who has received, or is to receive, a loan of mutual aid benefits pursuant to Article 9, paragraph (1) as applied with terms replaced pursuant to paragraph (2).
bankruptcymachine translation
「倒産」
Any of the events Article 2, paragraph (2) lists happening to a business operator a mutual aid policyholder (共済契約者) trades with: a petition to open bankruptcy, rehabilitation, reorganization or special liquidation proceedings; a public notice, to the financial institutions using a clearing house (手形交換所) or an electronic monetary claim recording institution (電子債権記録機関) as defined in the Electronically Recorded Monetary Claims Act, of a fact that leads them to suspend their transactions with it; or another procedure, set by a Ministry of Economy, Trade and Industry Order (経済産業省令), for seeking to have debts it can no longer carry reduced, forgiven or put off.
Short name set inArticle 2, paragraph (2)
mutual aid contractmachine translation
「共済契約」
A contract under which a small and medium-sized enterprise (中小企業者) 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 that, if a business operator it trades with goes bankrupt (倒産), it will lend it a mutual aid benefit (共済金) as the Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprises provides.
Defined inArticle 2, paragraph (2)· applies throughout the law
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
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
accounts receivable, etc.machine translation
「売掛金債権等」
Accounts receivable (売掛金債権) and other claims a Ministry of Economy, Trade and Industry Order (経済産業省令) specifies, held against the business operator whose bankruptcy (倒産) gives rise to the loan; the part of them that has become hard to collect is one of the limits on the mutual aid benefit (共済金) lent.
Short name set inArticle 9, paragraph (2)
advance payment of premiumsmachine translation
「掛金前納」
Paying a premium (掛金) by the last day of the month before the month it is due, for which 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 reduce the premium.
Short name set inArticle 15, paragraph (1)