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 six months from the date of promulgation; provided, however, that the provisions amending Article 4, paragraph (2), Article 12, paragraphs (3) and (4) and Article 14, paragraphs (3) and (4) come into effect on the date of promulgation.
この法律は、公布の日から起算して六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。ただし、第四条第二項、第十二条第三項及び第四項並びに第十四条第三項及び第四項の改正規定は、公布の日から施行する。
Supplementary Provisions, Article 2Transitional Measures
第二条(経過措置)
The provisions then in force continue to govern the scope of the loan amount of mutual aid benefits relating to a bankruptcy that occurred before the enforcement of this Act.
この法律の施行前に発生した倒産に係る共済金の貸付額の範囲については、なお従前の例による。
Supplementary Provisions, Article 3
第三条
The provisions then in force continue to govern the payment of a cancellation refund relating to the cancellation of a mutual aid contract made before the enforcement of this Act.
Supplementary Provisions, Article 4
第四条
The provisions then in force continue to govern the consent to succession to the position held by a mutual aid policyholder, relating to an inheritance that occurred with respect to that mutual aid policyholder before the enforcement of this Act.
この法律の施行前に共済契約者についてあつた相続に係る当該共済契約者の有していた地位の承継の承諾については、なお従前の例による。
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
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.