Supplementary Provisions, Article 9
第九条
A management capacity improvement plan prescribed in Article 17, paragraph (1) of the Former SME Management Strengthening Act for which certification under Article 17, paragraph (1) of the Former SME Management Strengthening Act (including certification of a change under Article 18, paragraph (1) of the Former SME Management Strengthening Act) is actually held at the time this Act comes into effect is deemed to be a management capacity improvement plan prescribed in Article 17, paragraph (1) of the New SME Management Strengthening Act for which certification under Article 17, paragraph (1) of the New SME Management Strengthening Act has been obtained.
この法律の施行の際現に旧中小強化法第十七条第一項の認定(旧中小強化法第十八条第一項の変更の認定を含む。)を受けている旧中小強化法第十七条第一項に規定する経営力向上計画は、新中小強化法第十七条第一項の認定を受けた同項に規定する経営力向上計画とみなす。
A small and medium-sized enterprise, etc. prescribed in Article 2, paragraph (2) of the New SME Management Strengthening Act (excluding one that falls under a specified business operator, etc. prescribed in paragraph (6) of that Article (hereinafter referred to in this paragraph as a "specified business operator, etc.")) is, until March 31, 2023, deemed to be a specified business operator, etc., and the provisions of the New SME Management Strengthening Act concerning management capacity improvement (meaning management capacity improvement prescribed in Article 2, paragraph (10) of the New SME Management Strengthening Act; the same applies in paragraph (5)) apply to it.
With regard to an application for certification under Article 17, paragraph (1) of the New SME Management Strengthening Act that was filed by a small and medium-sized enterprise, etc. prescribed in the preceding paragraph by the day prescribed in the preceding paragraph (hereinafter referred to in this Article as the "specified day") and for which no disposition as to whether to grant the certification has been made on the specified day, the provisions then in force continue to govern with respect to the disposition of certification.
前項に規定する日(以下この条において「特定日」という。)までに同項に規定する中小企業者等がした新中小強化法第十七条第一項の認定の申請であって、特定日においてその認定をするかどうかの処分がされていないものについての認定の処分については、なお従前の例による。
With regard to a management capacity improvement plan prescribed in Article 17, paragraph (1) of the New SME Management Strengthening Act for which certification under Article 17, paragraph (1) of the New SME Management Strengthening Act is actually held on the specified day (limited to one pertaining to a small and medium-sized enterprise, etc. prescribed in paragraph (2)), and a management capacity improvement plan prescribed in Article 17, paragraph (1) of the New SME Management Strengthening Act for which certification under Article 17, paragraph (1) of the New SME Management Strengthening Act has been obtained on or after the day following the specified day with the provisions then in force continuing to govern pursuant to the provisions of the preceding paragraph, the certification of a change to the plan and the rescission of certification, the special provisions of the Small and Medium-sized Enterprise Credit Insurance Act, the special provisions of the Small and Medium-sized Enterprise Investment Business Corporation Act, the special provisions of the Japan Finance Corporation Act and the Okinawa Development Finance Corporation Act, the special provisions of the Act on Rationalization of Distribution of Food, etc. and Proper Transactions, succession to status based on specified permission, etc., the special provisions of the Small and Medium-Sized Enterprise Cooperatives Act (Act No. 181 of 1949) and the Act on the Organization of Small and Medium-sized Enterprise Association (Act No. 185 of 1957), the call for objections by creditors in the case of a transfer of business, etc., and the collection of reports, the provisions then in force continue to govern.
特定日において現に新中小強化法第十七条第一項の認定を受けている同項に規定する経営力向上計画(第二項に規定する中小企業者等に係るものに限る。)及び前項の規定によりなお従前の例により特定日の翌日以後に同条第一項の認定を受けた同項に規定する経営力向上計画についての計画の変更の認定及び認定の取消し、中小企業信用保険法の特例、中小企業投資育成株式会社法の特例、株式会社日本政策金融公庫法及び沖縄振興開発金融公庫法の特例、食品等の流通の合理化及び取引の適正化に関する法律の特例、特定許認可等に基づく地位の承継等、中小企業等協同組合法(昭和二十四年法律第百八十一号)及び中小企業団体の組織に関する法律(昭和三十二年法律第百八十五号)の特例、事業の譲渡の場合の債権者の異議の催告等並びに報告の徴収については、なお従前の例による。
With regard to management capacity improvement carried out in accordance with a management capacity improvement plan prescribed in Article 17, paragraph (1) of the New SME Management Strengthening Act for which certification under Article 17, paragraph (1) of the New SME Management Strengthening Act is actually held on the specified day (limited to one pertaining to a small and medium-sized enterprise, etc. prescribed in paragraph (2)), and a management capacity improvement plan prescribed in Article 17, paragraph (1) of the New SME Management Strengthening Act for which certification under Article 17, paragraph (1) of the New SME Management Strengthening Act has been obtained on or after the day following the specified day with the provisions then in force continuing to govern pursuant to the provisions of paragraph (3), the provisions of Article 25, paragraph (1) of the New SME Management Strengthening Act remain in force on and after the day following the specified day.
small and medium-sized enterprise, etc.machine translation
「中小企業者等」
A small and medium-sized enterprise (中小企業者), or one of the others Article 2, paragraph (2) adds: a general incorporated association (一般社団法人) whose direct or indirect members are such enterprises and that meets requirements a Cabinet Order (政令) sets; a company or other corporation a Cabinet Order names whose stated capital or total contributions is no more than an amount a Cabinet Order sets; or a company, other corporation a Cabinet Order names or individual with no more regular employees than a number a Cabinet Order sets.
Defined inArticle 2, paragraph (2)· applies throughout the law
specified business operator, etc.machine translation
「特定事業者等」
A specified business operator (特定事業者), or a company, other corporation a Cabinet Order (政令) names or individual with no more regular employees than a number a Cabinet Order sets.
Defined inArticle 2, paragraph (6)· applies throughout the law
management capacity improvement planmachine translation
「経営力向上計画」
A plan for management capacity improvement (経営力向上) that a specified business operator, etc. (特定事業者等) draws up, alone or with others, and submits to the competent minister (主務大臣) to be certified as appropriate under Article 17, including one carried out with a cooperative, company or other corporation it is to set up, by a company or corporation formed through its merger, or together with its foreign affiliated corporations, etc. (外国関係法人等).
Short name set inArticle 17, paragraph (1)
specified permission, etc.machine translation
「特定許認可等」
A permission, approval, licence or other disposition granting a benefit (許認可等) as defined in Article 2, item (iii) of the Administrative Procedure Act, that a Cabinet Order (政令) specifies as one where passing the status held under it from the transferring business (被承継等特定事業者等) to the succeeding business (承継等特定事業者等) particularly helps management capacity improvement go smoothly.
Defined inArticle 17, paragraph (4), item (i)
Former SME Management Strengthening Actmachine translation
「旧中小強化法」
In Article 7, Article 8, paragraph (1) and Article 9, paragraph (1) of the supplementary provisions (附則) of Act No. 70 of 2021, the Act on Strengthening the Management of Small and Medium-Sized Enterprises, etc. as it stood before Article 4 of Act No. 70 of 2021 amended it, leaving aside the amendments that item (iv) of Article 1 of those supplementary provisions lists.
Short name set inSupplementary Provisions, Article 7, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 8, paragraph (1); and Supplementary Provisions, Article 9, paragraph (1)
New SME Management Strengthening Actmachine translation
「新中小強化法」
This Act as amended by Article 4 of Act No. 70 of 2021.
Short name set inSupplementary Provisions, Article 8, paragraph (1)· applies only in this article and in Supplementary Provisions, Article 9
specified business operator, etc.machine translation
「特定事業者等」
In Article 9, paragraph (2) of the supplementary provisions (附則) of Act No. 70 of 2021, a specified business operator, etc. as defined in Article 2, paragraph (6) of the Act on Strengthening the Management of Small and Medium-Sized Enterprises, etc. as Act No. 70 of 2021 amended it; until 31 March 2023 a small and medium-sized enterprise, etc. (中小企業者等) that was not one was treated as one for the provisions on improving management capacity (経営力向上).
Short name set inSupplementary Provisions, Article 9, paragraph (2)· applies only in this paragraph
management capacity improvementmachine translation
「経営力向上」
In Article 9 of the supplementary provisions (附則) of Act No. 70 of 2021, management capacity improvement as defined in Article 2, paragraph (10) of the Act on Strengthening the Management of Small and Medium-Sized Enterprises, etc. as Act No. 70 of 2021 amended it.
Defined inSupplementary Provisions, Article 9, paragraph (2)· applies only in this provision and in Supplementary Provisions, Article 9, paragraph (5)
specified daymachine translation
「特定日」
In Article 9 of the supplementary provisions (附則) of Act No. 70 of 2021, 31 March 2023, the last day on which a small and medium-sized enterprise, etc. (中小企業者等) that is not a specified business operator, etc. (特定事業者等) is treated as one for the provisions on improving management capacity (経営力向上).
Short name set inSupplementary Provisions, Article 9, paragraph (3)· applies only in this article