Article 16-2Scope of a Bank's Subsidiary Companies

一a bank;

二a long-term credit bank;

二の二a funds transfer service provider as defined in Article 2, paragraph (3) (Definitions) of the Payment Services Act (Act No. 59 of 2009) (excluding a funds transfer service provider falling under a company set forth in item (vii)) which exclusively engages in funds transfer services (meaning funds transfer services as defined in paragraph (2) of that Article) or services specified by Cabinet Office Order (referred to as a "company specializing in fund transfers" in Article 52-23, paragraph (1), item (i)-2);

三a financial instruments business operator that, in addition to securities-related services (meaning securities-related services as defined in Article 28, paragraph (8) (General Rules) of the Financial Instruments and Exchange Act; the same applies hereinafter), exclusively engages in services of conducting the actions set forth in items (i) through (viii) of Article 35, paragraph (1) (Scope of Services for Persons Engaged in Type-I Financial Instruments Business or Investment Management Business) of that Act and other services specified by Cabinet Office Order (referred to as a "company specializing in securities" in item (xi), sub-item (b), and Article 52-23, paragraph (1), item (ii), and item (x), sub-item (b));

四a financial instruments intermediary service provider as defined in Article 2, paragraph (12) (Definitions) of the Financial Instruments and Exchange Act which, in addition to financial instruments intermediary services (meaning financial instruments intermediary services as defined in Article 2, paragraph (11) of that Act and limited to services through which it performs the actions set forth in any of the following sub-items; hereinafter the same applies in this item), exclusively engages in services incidental to financial instruments intermediary service and other services specified by Cabinet Office Order (referred to as a "company specializing in securities intermediation" in item (xi), sub-item (b) and Article 52-23, paragraph (1), item (iii) and item (x), sub-item (b));

イactions set forth in Article 2, paragraph (11), item (i) of the Financial Instruments and Exchange Act;

ロintermediation for entrusting a person with the purchase and sale of securities on a financial instruments exchange market as defined in Article 2, paragraph (17) of the Financial Instruments and Exchange Act, or on a foreign financial instruments market as defined in Article 2, paragraph (8), item (iii), (b) of that Act (other than actions set forth in sub-item (c));

ハacting as intermediary for entrusting a person with the action set forth in Article 28, paragraph (8), item (iii) or (v) of the Financial Instruments and Exchange Act; and

ニactions set forth in Article 2, paragraph (11), item (iii) of the Financial Instruments and Exchange Act.

四の二a financial service intermediary as defined in Article 11, paragraph (6) (Definitions) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto (Act No. 101 of 2000) which, in addition to securities, etc. intermediary business operations (meaning securities, etc. intermediary business operations as defined in paragraph (4) of that Article, and limited to services through which it performs the actions set forth in any of the following sub-items; hereinafter the same applies in this item), exclusively engages in services incidental to securities, etc. intermediary business operations and other services specified by Cabinet Office Order:

イactions set forth in Article 11, paragraph (4), item (i) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto;

ロactions set forth in Article 11, paragraph (4), item (ii) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto (limited to acts that fall under those set forth in sub-item (b) or (c) of the preceding item); and

ハactions set forth in Article 11, paragraph (4), item (iii) of the Act on the Provision of Financial Services and the Development of the Accessible Environment Thereto;

五an insurance company;

五の二a small amount and short term insurer as defined in Article 2, paragraph (18) (Definitions) of the Insurance Business Act (referred to as a "small amount and short term insurer" in item (xi), sub-item (b) and Article 52-23, paragraph (1), item (iv)-2, and item (x), sub-item (b));

六a trust company as defined in Article 2, paragraph (2) (Definitions) of the Trust Business Act (Act No. 154 of 2004) which exclusively engages in trust business (meaning trust business as prescribed in Article 1, paragraph (1) (Authorization for Trust Business) of the Act on Engagement in Trust Business Activities by Financial Institutions (Act No. 43 of 1943; referred to as "Act on Trust Business by Financial Institutions" in item (xi), (b)); the same applies hereinafter) (referred to as a "company specializing in trust business" in sub-item (b) of that item and Article 52-23, paragraph (1), item (v) and item (x), sub-item (b));

七a foreign company engaging in banking;

八a foreign company engaging in securities-related services (other than one that falls under the company set forth in the preceding item);

九a foreign company engaging in insurance business (meaning insurance business as defined in Article 2, paragraph (1) of the Insurance Business Act; the same applies hereinafter) (other than one that falls under the company set forth in item (vii));

十a foreign company engaging in trust business (meaning trust business as defined in Article 2, paragraph (1) of the Trust Business Act; the same applies hereinafter) (other than one that falls under the company set forth in item (vii));

十一a company that exclusively performs the following services (for a company that performs the services set forth in sub-item (a), limited to one that performs those services for the services performed by the relevant bank, its subsidiary company (limited to a company set forth in items (i) through (ii)-2 and item (vii)), or any other entity specified by Cabinet Office Order as being similar to them):

イdependent services; and

ロfinance-related services (excluding specialized securities-related services if the bank does not have any company specialized in securities, company specialized in securities intermediation, or foreign company engaging in securities services as its subsidiary company; excluding specialized insurance-related services if the bank does not have any insurance company, small amount and short term insurer, or foreign company engaging in insurance business as its subsidiary company; and excluding specialized trust-related services if the bank does not have any trust bank (meaning a bank engaging in trust business with authorization referred to in Article 1, paragraph (1) of the Act on Trust Business by Financial Institutions; hereinafter the same applies in (b), and Article 52-23, paragraph (1), item (x), (b)), company specialized in trust business, or foreign company engaging in trust business as its subsidiary company);

十二a company specified by Cabinet Office Order as one that is developing a new field of business (only when the combined number of voting rights in that company that are held by the bank or its subsidiary company other than the company set forth in the preceding item that is specified by Cabinet Office Order (referred to as a "specified subsidiary company" in the following item, item (xiv) and Article 16-4, paragraphs (7) and (8)) does not exceed the maximum threshold for voting rights (meaning the maximum threshold for voting rights prescribed in Article 16-4, paragraph (1); hereinafter the same applies in this Article)); and

十三a company specified by Cabinet Office Order as one that is engaged in new business activities that are found to contribute considerably to the improvement of management (for a company that fails to meet the requirements specified by Cabinet Office Order in relation to its business plan or any measures based on that plan (referred to as "company under special business revitalization process" in Article 16-4, paragraphs (1) and (7)), only when the number of voting rights in that company that are held by the bank or by its subsidiary company other than a specified subsidiary company does not exceed the maximum threshold for voting rights when the voting rights are combined);

十四a company specified by Cabinet Office Order as one that is engaged in business activities that are found to contribute to regional development (only when the number of voting rights in that company that are held by the bank or by its subsidiary company other than a specified subsidiary company does not exceed the maximum threshold for voting rights when the voting rights are combined);

十五in addition to a company set forth in the preceding items, a company that engages in services that contribute to or are expected to contribute to increased sophistication in the banking conducted by the bank or to enhanced convenience for bank users through the use of information and telecommunications technology or other technologies, or services that contribute to or are expected to contribute to regional development, improvement of industrial productivity and other services for building a sustainable society;

十六a holding company specified by Cabinet Office Order, which has only a company eligible to be a subsidiary company as its subsidiary company (including a company that is planned to become such a holding company); and

十七a foreign company that has only a company eligible to be a subsidiary company as its subsidiary company, which is of the same type as a holding company or is similar to a holding company (including a company that is planned to become such a company, and excluding a company that falls under the company set forth in the preceding item).

一dependent services:services specified by Cabinet Office Order as being dependent on the services performed by a bank or by a company set forth in items (ii) through (x) of the preceding paragraph;

二finance-related services:services specified by Cabinet Office Order as being incidental or related to banking, securities-related services, insurance business, or trust business;

三specialized securities-related services:services specified by Cabinet Office Order as being incidental or related exclusively to securities-related services;

四specialized insurance-related services:services specified by Cabinet Office Order as being incidental or related exclusively to insurance business;

五specialized trust-related services:services specified by Cabinet Office Order as being incidental or related exclusively to trust business.

一in light of securing competitiveness of a foreign company eligible to be a subsidiary company (limited to a company set forth in paragraph (1), items (vii) through (xi) and item (xv); the same applies in the following item) or a foreign specified finance-related services company that a bank actually has as its subsidiary company (for a foreign specified finance-related services company, limited to competitiveness in finance-related services performed by the foreign specified finance-related services company; the same applies in item (xv)) or any other circumstances, it is found to be necessary for the bank to continue to have a foreign company not eligible to be a subsidiary company (excluding a foreign specified finance-related services company) as its subsidiary company; or

二in light of securing competitiveness of a foreign company eligible to be a subsidiary company or a foreign specified finance-related services company that a bank actually has as its subsidiary company or any other circumstances, it is found to be necessary for a foreign company not eligible to be a subsidiary company to continue to perform services other than finance-related services.

一it is found that there is a compelling reason for the bank being unable to take measures that is required to be taken so that the foreign company not eligible to be a subsidiary company which the bank has as its subsidiary company will no longer be its subsidiary company by the last day of the period referred to in paragraph (6) or the period extended pursuant to the provisions of this paragraph, in light of the situation of the financial market or capital market in the country where the head office or principal office of the foreign company not eligible to be a subsidiary company that the bank actually has its subsidiary company is located or where the head office or principal office of the company eligible to be a subsidiary company that actually has that foreign company as its subsidiary company is located; and

二it is found that there is a compelling reason for the bank to continue to have as its subsidiary company a foreign company not eligible to be a subsidiary company which the bank actually has as its subsidiary company, in order to execute the business of a foreign company eligible to be a subsidiary company or foreign specified finance-related services company which the bank has made its subsidiary company.

一the bank seeks to make the company set forth in paragraph (1), item (xi) which it actually has as its subsidiary company a foreign specified finance-related services company; or

二the bank seeks to make a foreign company which it actually has as its subsidiary company (limited to a company eligible to be a subsidiary company) a foreign company not eligible to be a subsidiary company (excluding the case set forth in paragraph (6), item (ii), the cases prescribed in paragraph (11) and the main clause of paragraph (12), and the case set forth in the preceding item).