Article 52-62Designation of Persons that Conduct Dispute Resolution Services

一it is a corporation (including an association or foundation without legal personality whose representative or administrator has been designated, and excluding a corporation or other foreign organizations incorporated under foreign laws and regulations; the same applies in item (iv), sub-item (d));

二the person is not a person that has had the designation under the provisions of this paragraph revoked pursuant to Article 52-84, paragraph (1) and for whom five years have not passed since the date of the revocation, or a person that has had the designation under the provisions of other laws which is specified by Cabinet Order as being related to operations equivalent to dispute resolution services revoked and for whom five years have not passed since the date of the revocation;

三the person is not a person that has been sentenced to a fine (including an equivalent sentence under foreign laws and regulations) for violating the provisions of this Act or the Attorneys Act (Act No. 205 of 1949), or for violating the provisions of foreign laws and regulations that are equivalent to those Acts, and for whom five years have not passed since the day on which the person finished serving the sentence or ceased to be subject to the sentence;

四the person has no officer that falls under any of the following persons:

イa person specified by Cabinet Office Order as being unable to properly perform duties related to dispute resolution services due to mental or physical disorder; or

ロa person subject to an order commencing bankruptcy proceedings and has not been released from bankruptcy restrictions, or a person that is treated in the same manner under foreign laws and regulations;

ハa person that has been sentenced to imprisonment or a heavier punishment (including an equivalent sentence under foreign laws and regulations), and for whom five years have not passed since the day on which the person finished serving the sentence or ceased to be subject to the sentence;

ニa person that, within one month prior to the date of revocation, was the officer (including a person treated in the same manner under foreign laws and regulations; the same applies in sub-item (d)) of a corporation for which a designation under this paragraph has been revoked pursuant to the provisions of Article 52-84, paragraph (1) or an administrative disposition that is similar to the designation that has been obtained in a foreign country pursuant to the provisions of foreign laws and regulations that are equivalent to this Act has been revoked, and for whom five years have not passed since the date of revocation; or a person that, within one month prior to the date of revocation, was the officer of a corporation for which a designation under the provisions of other laws that are specified by Cabinet Order as being equivalent to dispute resolution services has been revoked, or an administrative disposition that is similar to the designation that a corporation has obtained in a foreign country pursuant to the provisions of foreign laws and regulations that are equivalent to those other laws has been revoked, and for whom five years have not passed since the date of the revocation; or

ホa person that has been sentenced to a fine (including an equivalent sentence under foreign laws and regulations) for violating the provisions of this Act or the Attorneys Act, or for violating the provisions of foreign laws and regulations that are equivalent to those Acts, and for whom five years have not passed since the day on which the person finished serving the sentence or ceased to be subject to the sentence;

五a person that has sufficient financial and technical basis to appropriately implement dispute resolution services;

六the composition of their officers or employees is unlikely to interfere with the fair implementation of dispute resolution services;

七the rules for implementing dispute resolution services (hereinafter referred to as the "operational rules") conform to laws and regulations, and are found to be sufficient for implementing dispute resolution services in a fair and appropriate manner pursuant to the provisions of this Act; and

八as a result of hearing opinions pursuant to the provisions of the following paragraph, the percentage of the number of banking service providers that have stated an objection (limited to objections for which there are reasonable grounds) to the content of the basic contract for the implementation of dispute resolution procedures (excluding the particulars set forth in the items of Article 52-67, paragraph (2)) or to any other content of the operational rules (excluding the particulars that the operational rules are required to have as their content pursuant to the provisions of paragraph (3) of that Article and the particulars that are necessary for the content to conform to the criteria set forth in the items of paragraph (4) and paragraph (5), item (i) of that Article) to the total number of banking service providers is less than the percentage specified by Cabinet Order.