If a bank holding company violates laws and regulations, its articles of incorporation, or a disposition by the Prime Minister based on the applicable laws and regulations, or commits an act that harms the public interest, the Prime Minister may order the bank holding company to dismiss its director, executive officer, accounting advisor, company auditor, or accounting auditor, order to take other measures that are necessary for supervision, or revoke the authorization referred to in Article 52-17, paragraph (1) or the proviso to Article 52-17, paragraph (3) for the bank holding company, or may order a bank that is the subsidiary company of that bank holding company to suspend all or part of its services. In such a case, the authorization for incorporation referred in paragraph (1) of that Article is deemed to have been granted to the bank holding company incorporated by obtaining that authorization.
If a bank holding company has its authorization referred to in Article 52-17, paragraph (1) or the proviso to Article 52-17, paragraph (3) revoked pursuant to the provisions of the preceding paragraph, it must take measures that is required to be taken so that it is no longer a holding company that has a bank as its subsidiary company, within the period designated by the Prime Minister.
If the measures provided for in the preceding paragraph are taken, and the company that has taken the measures is still the holder of a number of voting rights in the bank which is equal to or greater than the major shareholder threshold, the day on which those measures are taken is deemed to be the date on which the ground referred to in those provisions arose, and the provisions of Article 52-9, paragraph (2) apply.
前項に規定する措置が講じられた場合において、当該措置を講じた会社がなお銀行の主要株主基準値以上の数の議決権の保有者であるときは、当該措置を講じた日を第五十二条の九第二項に規定する事由の生じた日とみなして、同項の規定を適用する。
If a holding company that has a bank as its subsidiary company falls under one of the following items and the Prime Minister finds it to be necessary, the Prime Minister may order the bank that is the subsidiary company of the holding company to suspend all or part of its services:
it became a holding company that has a bank as its subsidiary company through one of the transactions or actions set forth in the items of Article 52-17, paragraph (1), without obtaining the authorization referred to in the items of that paragraph;
第五十二条の十七第一項の認可を受けずに同項各号に掲げる取引又は行為により銀行を子会社とする持株会社になつたもの
it was incorporated as a holding company that has a bank as its subsidiary company without obtaining the authorization referred to in Article 52-17, paragraph (1);
第五十二条の十七第一項の認可を受けずに銀行を子会社とする持株会社として設立されたもの
it remains a holding company that has a bank as its subsidiary company after the last day of the grace period referred to in Article 52-17, paragraph (3), without obtaining the authorization referred to in the proviso to that paragraph; or
第五十二条の十七第三項ただし書の認可を受けることなく同項の猶予期限日後も銀行を子会社とする持株会社であるもの
it is a holding company that has had the authorization referred to in Article 52-17, paragraph (1) or the proviso to Article 52-17, paragraph (3) revoked pursuant to the provisions of paragraph (1), has not taken the measures under paragraph (2), and still has a bank as its subsidiary company after the expiration of the period designated by the Prime Minister as prescribed in that paragraph.
Read this with the articles around it
(Authorization for Bank Holding Companies)
A company that seeks to become a holding company that has a bank as a subsidiary company or to incorporate such a holding company through any of the following transactions or actions…
次に掲げる取引若しくは行為により銀行を子会社とする持株会社になろうとする会社又は銀行を子会社とする持株会社の設立をしようとする者は、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。
Open this provision(Authorization for Bank Holding Companies)
A specified holding company must take the measures that are required to be taken so that it will no longer be a holding company that has a bank as its subsidiary company by the last day of the…
特定持株会社は、前項の事由の生じた日の属する事業年度の終了の日から一年を経過する日（以下この項及び第五項において「猶予期限日」という。）までに銀行を子会社とする持株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。
Open this provision(Revocation of the Authorization for Bank Holding Companies)
If a bank holding company violates laws and regulations, its articles of incorporation, or a disposition by the Prime Minister based on the applicable laws and regulations…
内閣総理大臣は、銀行持株会社が法令、定款若しくは法令に基づく内閣総理大臣の処分に違反したとき又は公益を害する行為をしたときは、当該銀行持株会社に対しその取締役、執行役、会計参与、監査役若しくは会計監査人の解任その他監督上必要な措置を命じ…
Open this provision(Revocation of the Authorization for Bank Holding Companies)
If a bank holding company has its authorization referred to in Article 52-17, paragraph (1) or the proviso to Article 52-17, paragraph (3) revoked pursuant to the provisions of the preceding…
銀行持株会社は、前項の規定により第五十二条の十七第一項又は第三項ただし書の認可を取り消されたときは、内閣総理大臣が指定する期間内に銀行を子会社とする持株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。
Open this provision(Authorization to be Obtained by Bank's Major Shareholders)
A person that has become the holder of a number of voting rights in a single bank which is equal to or greater than the major shareholder threshold due to grounds other than a transaction or action…
前項各号に掲げる取引又は行為以外の事由により一の銀行の主要株主基準値以上の数の議決権の保有者になつた者（国等並びに銀行持株会社及び第五十二条の十七第二項に規定する特定持株会社を除く。以下この条及び第六十五条において「特定主要株主」という。）は…
Open this provisionbank
「銀行」
A person that carries on banking (銀行業) under a licence from the Prime Minister (内閣総理大臣) under Article 4, paragraph (1).
Defined inArticle 2, paragraph (1)· applies throughout the law
subsidiary company
「子会社」
Another company in which a company holds more than 50% of the voting rights of all shareholders, etc. (総株主等の議決権); a company in which the company and its subsidiaries, or its subsidiaries alone, hold more than 50% is also treated as its subsidiary company.
Defined inArticle 2, paragraph (8)· applies throughout the law
major shareholder threshold
「主要株主基準値」
The threshold for being a major shareholder: 20% of the voting rights of all shareholders of a company, or 15% where the holder meets requirements a Cabinet Office Order (内閣府令) sets as facts from which a material influence on the company's financial and business policy decisions can be presumed.
Defined inArticle 2, paragraph (9)· applies throughout the law
holding company
「持株会社」
A company for which the acquisition value (or the value on its latest balance sheet) of the shares, etc. (株式等) of its domestic subsidiary companies exceeds 50% of its total assets less the assets a Cabinet Office Order (内閣府令) specifies, each calculated as a Cabinet Office Order sets.
Defined inArticle 2, paragraph (12)· applies throughout the law
bank holding company
「銀行持株会社」
A holding company (持株会社) that has a bank as its subsidiary and was established with, or has obtained, the Prime Minister's (内閣総理大臣) authorization under Article 52-17, paragraph (1) or the proviso to paragraph (3).
Defined inArticle 2, paragraph (13)· applies throughout the law
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.
company auditor
監査役
An officer of a stock company, elected by the shareholders meeting (Companies Act, Article 329, paragraph (1)), whose job is to audit how the directors carry out their duties and to write an audit report on it (Article 381, paragraph (1)). Not an outside accountant — that is the financial auditor (会計監査人) — and not a director: a company auditor may not also be a director or employee of the company or its subsidiaries (Article 335, paragraph (2)). The term normally runs to the annual shareholders meeting for the last business year ending within four years of election (Article 336, paragraph (1)).
Written by AI using Companies Act, Arts. 329, 335, 336, 381 as a reference.
director
取締役
An officer of a stock company, elected by the shareholders meeting (Companies Act, Article 329, paragraph (1)). Every stock company has at least one (Article 326, paragraph (1)). Where there is no board of directors, the directors run the company's business unless the articles of incorporation say otherwise (Article 348, paragraph (1)), and each of them represents it unless the company has chosen representative directors (代表取締役) or others to do that (Article 349, paragraphs (1) and (3)). Where there is a board (取締役会, board of directors), the directors are its members, and the board decides the business and normally chooses the representative directors from among them (Article 362). The term normally runs to the annual shareholders meeting for the last business year ending within two years of election (Article 332, paragraph (1)).
Written by AI using Companies Act, Arts. 326, 329, 332, 348, 349, 362 as a reference.
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan as a reference.