Article 52-23-2Special Provisions on the Scope of Subsidiary Companies of a Bank Holding Company
第五十二条の二十三の二（銀行持株会社の子会社の範囲等の特例）
Notwithstanding the provisions of paragraph (1) of the preceding Article, a bank holding company may have the following companies as its subsidiary company (excluding the subsidiary company of a bank which is the subsidiary company of the bank holding company; hereinafter referred to as a "specified bank holding company subsidiary"):
a company exclusively engaged in the services of a special subsidiary company (excluding the following companies):
特例子会社対象業務を専ら営む会社（次に掲げる会社を除く。）
a company exclusively engaged in the services set forth in paragraph (1), item (x), sub-item (a) or (b) of the preceding Article (limited to a company that performs the services set forth in sub-item (a) of that item (referred to as "dependent services" in the following paragraph)), which performs services for the business conducted by the bank holding company, its subsidiary company (limited to one that is a bank or a company set forth in paragraph (1), item (i) or (vi) of that Article), or any other person specified by Cabinet Office Order as similar to such a company; and
a company set forth in paragraph (1), items (xi) through (xiv) of the preceding Article;
前条第一項第十一号から第十四号までに掲げる会社
a company exclusively engaged in services in which a company set forth in the items of paragraph (1) of the preceding Article (excluding items (xi) through (xiv)) may engage in, or in the services of a special subsidiary company (excluding a company set forth in sub-item (b) of the preceding item).
前条第一項各号（第十一号から第十四号までを除く。）に掲げる会社が営むことができる業務及び特例子会社対象業務を専ら営む会社（前号ロに掲げる会社を除く。）
The term "services of a special subsidiary company" as used in the items of the preceding paragraph means services which are other than those which a company eligible to be a subsidiary company (excluding a company set forth in paragraph (1), items (xi) through (xiv) of the preceding Article) may engage in (excluding dependent services; hereinafter referred to as "specified services" in this paragraph), and which are specified by Cabinet Office Order as equivalent to services concerning purchase and sale of commodities prescribed in Article 10, paragraph (2), item (xiv) related to financial derivative transactions prescribed in that item and other specified services.
前項各号の「特例子会社対象業務」とは、子会社対象会社（前条第一項第十一号から第十四号までに掲げる会社を除く。）が営むことができる業務（従属業務を除く。以下この項において「特定業務」という。）以外の業務であつて、第十条第二項第十四号に規定する金融等デリバティブ取引に係る同号に規定する商品の売買その他の特定業務に準ずるものとして内閣府令で定めるものをいう。
A bank holding company must determine the services of the special subsidiary company (meaning the services of a special subsidiary company prescribed in the preceding paragraph; hereinafter the same applies in this Article and Article 65, item (xvii)) which the specified bank holding company subsidiary seeks to engage in and obtain the authorization by the Prime Minister in advance, when seeking to make a company set forth in the items of paragraph (1) its specified bank holding company subsidiary pursuant to the provisions of that paragraph.
The provisions of the preceding paragraph do not apply if a company set forth in the items of paragraph (1) becomes a specified bank holding company subsidiary of a bank holding company due to the grounds specified by Cabinet Office Order that are prescribed in paragraph (4) of the preceding Article; provided, however, that unless the bank holding company obtains the authorization by the Prime Minister to continue to have the company which has become its specified bank holding company subsidiary as its specified bank holding company subsidiary, the bank holding company must take the measures required to be taken so that the company will no longer be its specified bank holding company subsidiary by the last day of the one-year period that begins on the date on which the grounds arose.
The provisions of paragraph (3) apply mutatis mutandis if a bank holding company seeks to make a company set forth in the items of paragraph (1) which it has as a specified bank holding company subsidiary a specified bank holding company subsidiary that engages in the services of a special subsidiary company other than the services of a special subsidiary company to which the authorization referred to in paragraph (3) (including as applied mutatis mutandis pursuant to this paragraph) or the proviso to the preceding paragraph concerns.
Notwithstanding the provisions of paragraphs (1), (3) and (4) of the preceding Article, a certified bank holding company (meaning a bank holding company that has been granted the certification referred to in the following paragraph; the same applies in paragraph (8), paragraph (9), and Article 52-34-2, paragraph (1)) may make a company that is exclusively engaged in advanced special banking services (meaning the services in which a company set forth in paragraph (1), item (xiv) of the preceding Article may engage and which are specified by Cabinet Office Order; hereinafter the same applies in this Article, Article 52-34-2, paragraph (2) and Article 65, item (xvii)) its specified bank holding company subsidiary.
Upon application of a bank holding company, the Prime Minister certifies that the bank holding company satisfies the criteria specified by Cabinet Office Order as criteria that are found to be necessary for ensuring the sound and appropriate management of services of the bank holding company and a bank that is the subsidiary company of the bank holding company, and a specified bank holding company subsidiary that is exclusively engaged in special advanced banking services.
内閣総理大臣は、銀行持株会社の申請により、当該銀行持株会社が当該銀行持株会社並びに当該銀行持株会社の子会社である銀行及び特例銀行業高度化等業務を専ら営む持株特定子会社の業務の健全かつ適切な運営を確保するために必要と認められる基準として内閣府令で定めるものに適合することについて、認定を行う。
If a certified bank holding company seeks to make a company that is exclusively engaged in special advanced banking services its specified bank holding company subsidiary pursuant to the provisions of paragraph (6) (for a company that is exclusively engaged in special advanced banking services which is specified by Cabinet Office Order, if the certified bank holding company or its subsidiary company seeks to acquire or hold voting rights in that company that cause the number of voting rights to exceed the maximum threshold for voting rights when the voting rights are combined), the certified bank holding company must specify the special advanced banking services that the company seeks to engage in in advance and notify the Prime Minister of the services.
The provisions of the preceding paragraph do not apply if a company that is exclusively engaged in special advanced banking services becomes a certified bank holding company's specified bank holding company subsidiary (for a company specified by Cabinet Office Order that is prescribed in the preceding paragraph, the company in which the bank holding company or its subsidiary companies hold a number of voting rights that exceeds the maximum threshold for voting rights when the voting rights are combined; hereinafter the same applies in this paragraph and the following paragraph) due to the grounds specified by Cabinet Office Order that are prescribed in paragraph (4) of the preceding Article; provided, however, that unless the certified bank holding company notifies the Prime Minister that it will continue to have the company which has become its specified bank holding company subsidiary as its specified bank holding company subsidiary, the certified bank holding company must take the measures required to be taken so that the company will no longer be its specified bank holding company subsidiary by the last day of the one-year period that begins on the date on which the grounds arose.
When a bank holding company has made a company eligible to be a special subsidiary company (meaning the company set forth in the items of paragraph (1) or a company that is exclusively engaged in special advanced banking services; the same applies hereinafter) a specified bank holding company subsidiary pursuant to the provisions of paragraph (1) or (6), the bank holding company must take the measures required to be taken in order to satisfy the requirements specified by Cabinet Office Order as those that are found to be necessary for ensuring the sound and appropriate management of services at a bank that is the subsidiary company of the bank holding company, by taking into account the contents of the services in which that specified bank holding company subsidiary engages and other circumstances.
The provisions of the preceding paragraph do not apply to the cases prescribed in the main clause of paragraph (4) and the main clause of paragraph (9) (excluding the case in which the bank holding company continues to have as its specified bank holding company subsidiary the company eligible to be a special subsidiary company that has become its specified bank holding company subsidiary with the authorization by the Prime Minister pursuant to the proviso to paragraph (4), and the case in which the bank holding company continues to have as its specified bank holding company subsidiary the company eligible to be a special subsidiary company that has become its specified bank holding company subsidiary (in case of a company specified by Cabinet Office Order as prescribed in paragraph (8), the company in which the bank holding company or its subsidiary companies hold a number of voting rights that exceeds the maximum threshold for voting rights when the voting rights are combined; hereinafter the same applies in this paragraph and Article 52-23-2, paragraph (2)) by filing a notification under the provisions of the proviso to paragraph (9)).