A bank holding company must not have a company other than a bank or a company that falls under one of the following items (hereinafter referred to as a "company eligible to be a subsidiary company" in this Article and paragraph (2) of the following Article) as its subsidiary company:
a company specialized in fund transfers;
a company specialized in securities;
a company specialized in securities intermediation;
a company set forth in Article 16-2, paragraph (1), item (iv)-2;
第十六条の二第一項第四号の二に掲げる会社
a company specialized in trust business;
a foreign company engaged in securities-related services (excluding one that falls under the company set forth in the preceding item);
a foreign company engaged in insurance business (excluding one that falls under the company set forth in item (vi));
a foreign company engaged in trust business (excluding one that falls under the company set forth in item (vi));
a company exclusively engaged in the following services (if the company performs the service set forth in sub-item (a), limited to one that performs the service for the services performed by the bank holding company, its subsidiary companies (limited to banks and companies set forth in items (i), (i)-2, and (vi)) and other persons specified by Cabinet Office Order as being similar to them):
services specified by Cabinet Office Order as being dependent on the services performed by a bank or a company set forth in any of the preceding items; or
finance-related services (excluding specialized securities-related services prescribed in Article 16-2, paragraph (2), item (iii) if the bank holding company does not have a company specialized in securities, company specialized in securities intermediation, or foreign company engaged in securities services as its subsidiary company; excluding specialized insurance-related services prescribed in item (iv) of that paragraph if the bank holding company does not have an insurance company, small amount and short term insurer, or foreign company engaged in insurance business as its subsidiary company; and excluding specialized trust services prescribed in item (v) of that paragraph if the bank holding company does not have a trust bank, company specialized in trust business, or foreign company engaged in trust business as its subsidiary company).
a company specified by Cabinet Office Order as one that develops a new field of business (limited to the case in which the number of voting rights in the company that are held by the bank holding company or its subsidiary companies that are not subsidiary companies set forth in the preceding item that are specified by Cabinet Office Order (hereinafter referred to as a "specified subsidiary company" in the following item, item (xiii), and Article 52-24, paragraphs (7) and (8)) does not exceed the maximum threshold for voting rights (meaning the maximum threshold for voting rights prescribed in paragraph (1) of that Article; hereinafter the same applies in this Article and the following Article) when the voting rights are combined);
a company specified by Cabinet Office Order as one that is engaged in new business that is found to contribute considerably to improving management (for a company that fails to meet the requirements specified by Cabinet Office Order in relation to the business plan or any measures based on the plan (referred to as "company under special business revitalization process" in Article 52-24, paragraphs (1) and (7)), limited to when the number of voting rights in that company that are held by the bank holding company or its subsidiary companies that are not specified subsidiary companies does not exceed the maximum threshold for voting rights when the voting rights are combined);
a company specified by Cabinet Office Order as one that is engaged in business activities that are found to contribute to regional development (limited to when the number of voting rights in that company that are held by the bank holding company or its subsidiary companies that are not specified subsidiary companies does not exceed the maximum threshold for voting rights when the voting rights are combined);
in addition to the company set forth in the preceding items, a company engaged in services that contribute to increased sophistication of the banking using information and telecommunications technology or other technologies conducted by the bank that is a subsidiary company of the bank holding company or to the enhanced convenience for bank users, 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;
a holding company that has only a company eligible to be a subsidiary company as its subsidiary company, which is specified by Cabinet Office Order (including a company that is planned to become that holding company); and
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 that company, and excluding a company that falls under the company set forth in the preceding item).
The provisions of the preceding paragraph do not apply if a domestic company other than a company eligible to be a subsidiary company becomes the subsidiary company of a bank holding company through acquisition of shares or equity due to enforcement of a security right by a bank holding company or its subsidiary company, through acquisition of shares or equity in a company set forth in items (xi) through (xiii) of that paragraph by a bank holding company or its subsidiary company, or due to any other grounds specified by Cabinet Office Order; provided, however, that the bank holding company must take measures that are required to be taken so that the company that has become its subsidiary company will no longer be its subsidiary company by the last day of the one-year period that begins on the date on which the grounds (excluding a bank holding company's or its subsidiary company's acquisition of shares or equity in a company set forth in items (xi) through (xiii) of that paragraph or any other cause specified by Cabinet Office Order) arose.
前項の規定は、子会社対象会社以外の国内の会社が、銀行持株会社又はその子会社の担保権の実行による株式等の取得、銀行持株会社又はその子会社による同項第十一号から第十三号までに掲げる会社の株式等の取得その他内閣府令で定める事由により当該銀行持株会社の子会社となる場合には、適用しない。ただし、当該銀行持株会社は、その子会社となつた会社が当該事由（当該銀行持株会社又はその子会社による同項第十一号から第十三号までに掲げる会社の株式等の取得その他内閣府令で定める事由を除く。）の生じた日から一年を経過する日までに子会社でなくなるよう、所要の措置を講じなければならない。
Unless a bank holding company obtains authorization for a merger, company split, or business acquisition pursuant to the provisions of Article 52-35, paragraphs (1) through (3), it must obtain the authorization by the Prime Minister in advance, when the bank holding company seeks to make a bank or a company set forth in paragraph (1), items (i) through (x) or items (xiv) through (xvi) (excluding a company that exclusively engages in the services set forth in item (x), sub-item (a) of that paragraph or the services specified by Cabinet Office Order as incidental or related to banking; hereinafter referred to as a "bank, etc. eligible to be a subsidiary company" in this Article, Article 52-24, paragraph (4), item (iv), Article 53, paragraph (3), item (iv), and Article 65, item (xvii)) its subsidiary company (for a company set forth in paragraph (1), item (xiv) (excluding a company specified by Cabinet Office Order), when the 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).
銀行持株会社は、銀行又は第一項第一号から第十号まで若しくは第十四号から第十六号までに掲げる会社（同項第十号イに掲げる業務又は銀行業に付随し、若しくは関連する業務として内閣府令で定めるものを専ら営む会社を除く。以下この条、第五十二条の二十四第四項第四号、第五十三条第三項第四号及び第六十五条第十七号において「子会社対象銀行等」という。）を子会社としようとするとき（第一項第十四号に掲げる会社（内閣府令で定める会社を除く。）にあつては、当該銀行持株会社又はその子会社が、合算してその基準議決権数を超える議決権を取得し、又は保有しようとするとき）は、第五十二条の三十五第一項から第三項までの規定により合併、会社分割又は事業の譲受けの認可を受ける場合を除き、あらかじめ、内閣総理大臣の認可を受けなければならない。
The provisions of the preceding paragraph do not apply if a bank, etc. eligible to be a subsidiary company becomes the subsidiary company of a bank holding company (for a company set forth in paragraph (1), item (xiv) (excluding a company specified by Cabinet Office Order 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 combined; hereinafter the same applies in this paragraph) through the acquisition of shares or equity due to the enforcement of a security right by the bank holding company or its subsidiary company or due to other grounds specified by Cabinet Office Order; provided, however, that unless the bank holding company obtains the authorization by the Prime Minister to continue to have the bank, etc. eligible to be a subsidiary company that has become its subsidiary company as its subsidiary company, the bank holding company must take the measures that is required to be taken so that the bank, etc. eligible to be a subsidiary company will no longer be its subsidiary company by the last day of the one-year period that begins on the date on which the ground arose.
前項の規定は、子会社対象銀行等が、銀行持株会社又はその子会社の担保権の実行による株式等の取得その他の内閣府令で定める事由により当該銀行持株会社の子会社（第一項第十四号に掲げる会社（前項に規定する内閣府令で定める会社を除く。）にあつては、当該銀行持株会社又はその子会社が、合算してその基準議決権数を超える議決権を保有する会社。以下この項において同じ。）となる場合には、適用しない。ただし、当該銀行持株会社は、その子会社となつた子会社対象銀行等を引き続き子会社とすることについて内閣総理大臣の認可を受けた場合を除き、当該子会社対象銀行等が当該事由の生じた日から一年を経過する日までに子会社でなくなるよう、所要の措置を講じなければならない。
Notwithstanding the provisions of paragraph (1), a bank holding company may have a foreign company not eligible to be a subsidiary company as its subsidiary company until the last day of the ten-year period that begins on the date on which the foreign company not eligible to be a subsidiary company became its subsidiary company if the bank holding company falls under any of the following items:
if the bank holding company has a foreign company not eligible to be a subsidiary company as its subsidiary company due to having as its subsidiary company a foreign company eligible to be a subsidiary company (meaning one of the companies set forth in paragraph (1), items (vi) through (x) and item (xiv) (for the company set forth in items (x) and (xiv), limited to a foreign company), a holding company (limited to a company that has a company eligible to be a subsidiary company as its subsidiary company; referred to as a "special holding company" in Article 52-24, paragraph (1)), or a foreign company that is of the same type as a holding company or that is similar to a holding company (limited to a foreign company that has a company eligible to be a subsidiary company as its subsidiary company, and excluding a holding company); the same applies in this Article) that actually has a foreign company not eligible to be a subsidiary company as its subsidiary company, or a foreign specified finance-related services company (meaning a foreign company mainly engaged in finance-related services specified by Cabinet Office Order; and excluding a company set forth in paragraph (1), item (xi); hereinafter the same apples in this Article); and
当該銀行持株会社が、現に子会社対象会社以外の外国の会社を子会社としている子会社対象外国会社（第一項第六号から第十号まで及び第十四号に掲げる会社（同項第十号及び第十四号に掲げる会社にあつては、外国の会社に限る。）、持株会社（子会社対象会社を子会社としている会社に限る。第五十二条の二十四第一項において「特例持株会社」という。）又は外国の会社であつて持株会社と同種のもの若しくは持株会社に類似するもの（子会社対象会社を子会社としているものに限り、持株会社を除く。）をいう。以下この条において同じ。）又は外国特定金融関連業務会社（金融関連業務のうち内閣府令で定めるものを主として営む外国の会社をいい、第一項第十号に掲げる会社を除く。以下この条において同じ。）を子会社とすることにより子会社対象会社以外の外国の会社を子会社とする場合
if the foreign company not eligible to be a subsidiary company is a foreign specified finance-related services company (excluding the case set forth in the preceding item).
当該子会社対象会社以外の外国の会社が外国特定金融関連業務会社である場合（前号に掲げる場合を除く。）
The provisions of paragraph (3) apply mutatis mutandis if a bank holding company seeks to make a foreign specified finance-related services company (excluding one that a bank, etc. eligible to be a subsidiary company or another foreign specified financial service company actually has as its subsidiary company if the bank holding company seeks to make the bank, etc. eligible to be a subsidiary company or the other foreign specified finance-related services company its subsidiary company) its subsidiary company.
第三項の規定は、銀行持株会社が、外国特定金融関連業務会社（当該銀行持株会社が子会社対象銀行等又は他の外国特定金融関連業務会社を子会社としようとする場合における当該子会社対象銀行等又は他の外国特定金融関連業務会社が現に子会社としているものを除く。）を子会社としようとするときについて準用する。
Notwithstanding the provisions of paragraph (1), in the case falling under any of the items of paragraph (5), if a bank holding company obtains the approval of the Prime Minister, the bank holding company may continue to have a foreign company not eligible to be subsidiary company subject to the approval as its subsidiary company beyond the period referred to in paragraph (5).
If the case falls under any of the following items, the Prime Minister is to give the approval referred to in the preceding paragraph:
内閣総理大臣は、次の各号のいずれかに該当する場合には、前項の承認をするものとする。
in light of securing the competitiveness of a foreign company eligible to be a subsidiary company (limited to a company set forth in paragraph (1), items (vi) through (x) and item (xiv); the same applies in the following item) or a foreign specified finance-related services company that a bank holding company actually has as its subsidiary company (for a foreign specified finance-related services company, limited to competitiveness in the finance-related services performed by the foreign specified finance-related services company; the same applies in item (xiv)) or other circumstances, it is found to be necessary for the bank holding company to continue to have a foreign company not eligible to be a subsidiary company (excluding a foreign specified financial service company) as its subsidiary company; or
銀行持株会社が現に子会社としている子会社対象外国会社（第一項第六号から第十号まで及び第十四号に掲げる会社に限る。次号において同じ。）又は外国特定金融関連業務会社の競争力（外国特定金融関連業務会社にあつては、当該外国特定金融関連業務会社の営む金融関連業務における競争力に限る。同号において同じ。）の確保その他の事情に照らして、当該銀行持株会社が子会社対象会社以外の外国の会社（外国特定金融関連業務会社を除く。）を引き続き子会社とすることが必要であると認められる場合
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 holding company actually has as its subsidiary company or 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.
銀行持株会社が現に子会社としている子会社対象外国会社又は外国特定金融関連業務会社の競争力の確保その他の事情に照らして、外国特定金融関連業務会社が引き続き金融関連業務以外の業務を営むことが必要であると認められる場合
If a bank holding company falls under any of the following items, the Prime Minister may extend the period referred to in paragraph (5) or the period extended pursuant to the provisions of this paragraph, for up to one year, upon application by the bank holding company:
it is found that there is a compelling reason for the bank holding company 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 holding company has as its subsidiary company will no longer be its subsidiary company by the last day of the period referred to in paragraph (5) or the period extended pursuant to the provisions of this paragraph, in light of situation of the financial market or capital market or other circumstances in the country where the head office or principal office of the foreign company not eligible to be a subsidiary company the bank holding company actually has as 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
it is found that there is a compelling reason for the bank holding company to continue to have as its subsidiary company the foreign company not eligible to be a subsidiary company which the bank holding company 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 holding company has made its subsidiary company.
当該銀行持株会社が子会社とした子会社対象外国会社又は外国特定金融関連業務会社の事業の遂行のため、当該銀行持株会社が現に子会社としている子会社対象会社以外の外国の会社を引き続き子会社とすることについてやむを得ない事情があると認められる場合
Notwithstanding the provisions of paragraph (1), if a foreign company eligible to be a subsidiary company or a foreign specified finance-related services company which a bank holding company actually has as its subsidiary company seeks to make a foreign company not eligible to be a subsidiary company (excluding a foreign specified finance-related services company; hereinafter the same applies in this paragraph) its subsidiary company, and the bank holding company obtains the authorization by the Prime Minister, the bank holding company may make the foreign company not eligible to be a subsidiary company subject to the authorization its subsidiary company.
The provisions of paragraph (1), paragraph (5), paragraph (6) and the preceding paragraph do not apply if a foreign company not eligible to be a subsidiary company becomes the subsidiary company of a bank holding company through the acquisition of shares or equity due to the enforcement of a security right, by a bank holding company or its subsidiary company, through the acquisition of shares or equity in a company set forth in paragraph (1), items (xi) through (xiii) by a bank holding company or its subsidiary company, or due to any other grounds specified by Cabinet Office Order; provided, however, that unless the bank holding company obtains the authorization by the Prime Minister to continue to have as its subsidiary company the foreign company not eligible to be a subsidiary company that has become its subsidiary company (excluding the bank, etc. eligible to be a subsidiary company that has become the bank holding company's subsidiary company or a foreign specified finance-related services company which another foreign specified financial service company actually has as its subsidiary company), the bank holding company must take the measures that is required to be taken so that the foreign company not eligible to be a subsidiary company will be no longer its subsidiary company by the last day of the one-year period that begins on the date on which the grounds (excluding the acquisition of shares or equity in a company set forth in items (xi) through (xiii) of that paragraph by a bank holding company or its subsidiary company or any other grounds specified by Cabinet Office Order) arose.
第一項、第五項、第六項及び前項の規定は、子会社対象会社以外の外国の会社が、銀行持株会社又はその子会社の担保権の実行による株式等の取得、銀行持株会社又はその子会社による第一項第十一号から第十三号までに掲げる会社の株式等の取得その他内閣府令で定める事由により当該銀行持株会社の子会社となる場合には、適用しない。ただし、当該銀行持株会社は、その子会社となつた子会社対象会社以外の外国の会社（当該銀行持株会社の子会社となつた子会社対象銀行等又は他の外国特定金融関連業務会社が現に子会社としている外国特定金融関連業務会社を除く。）を引き続き子会社とすることについて内閣総理大臣の認可を受けた場合を除き、当該子会社対象会社以外の外国の会社が当該事由（当該銀行持株会社又はその子会社による同項第十一号から第十三号までに掲げる会社の株式等の取得その他内閣府令で定める事由を除く。）の生じた日から一年を経過する日までに子会社でなくなるよう、所要の措置を講じなければならない。
The provisions of paragraph (3) apply mutatis mutandis if the bank holding company seeks to make a company set forth in one of the items of paragraph (1) which it actually has as its subsidiary company into a subsidiary company that falls under the company set forth in any other item of that paragraph (limited to a bank, etc. eligible to be a subsidiary company), or if the bank holding company seeks to make a company set forth in item (xiv) of that paragraph (limited to a company specified by Cabinet Office Order that there is no serious risk that the interests of the customers related to the services of the bank holding company or the company set forth in item (xiv) of that paragraph would be unjustly impaired by its services or that it satisfies other requirements) which it actually has as its subsidiary company into a subsidiary company that falls under the company set forth in that item (excluding the company specified by Cabinet Office Order).
Notwithstanding the provisions of paragraph (1), in the case falling under any of the following items, if a bank holding company obtains the approval of the Prime Minister, the bank holding company may continue to have a foreign company not eligible to be a subsidiary company subject to the approval as its subsidiary company:
the bank holding company seeks to make the company set forth in paragraph (1), item (x) which it actually has as its subsidiary company a foreign specified finance-related services company; and
現に子会社としている第一項第十号に掲げる会社を外国特定金融関連業務会社としようとする場合
the bank holding company 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 prescribed in paragraph (5), item (ii), the cases prescribed in paragraph (10) and the main clause of paragraph (11), and the case set forth in the preceding item).
The provisions of paragraph (8) apply mutatis mutandis to the approval referred to in the preceding paragraph.
If a bank holding company comes to know that a company eligible to be a subsidiary company (other than a subsidiary company of that bank holding company or a company set forth in paragraph (1), item (xiv) (excluding a company specified by Cabinet Office Order; hereinafter the same applies in this paragraph)) 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 has become a company set forth in that item, or comes to know any other fact specified by Cabinet Office Order, the bank holding company must take the measures that needs to be taken so that the company set forth in that item will no longer be a company in which the bank holding company and its subsidiary companies hold a number of voting rights that exceeds the maximum threshold for voting rights when the voting rights are combined by the last day of the one-year period that begins on the date on which the bank holding company has come to know of that fact, unless it obtains the authorization by the Prime Minister to continue to hold voting rights exceeding the maximum threshold for voting rights.
銀行持株会社は、当該銀行持株会社又はその子会社が合算してその基準議決権数を超える議決権を保有している子会社対象会社（当該銀行持株会社の子会社及び第一項第十四号に掲げる会社（内閣府令で定める会社を除く。以下この項において同じ。）を除く。）について、同号に掲げる会社となつたことその他内閣府令で定める事実を知つたときは、引き続きその基準議決権数を超える議決権を保有することについて内閣総理大臣の認可を受けた場合を除き、これを知つた日から一年を経過する日までに当該同号に掲げる会社が当該銀行持株会社又はその子会社が合算してその基準議決権数を超える議決権を保有する会社でなくなるよう、所要の措置を講じなければならない。