Article 15Public Notice and Inspection of Applications for Certification
第十五条(認定の申請に関する公告及び縦覧等)
When a person has applied for certification under the preceding Article, the prime minister must issue public notice of this and the particulars set forth in paragraph (1), items (i) and (ii) of the same Article, as well as make the documents set forth in the items of paragraph (2) (excluding item (vi)(b), item (ix), and item (xi)) of that Article available for public inspection for two weeks after the public notice.
Before granting a certification as referenced in Article 13, paragraph (1), the prime minister is to hear the opinion of the Minister of Economy, Trade and Industry regarding whether grounds as provided for in Article 13, paragraph (3), item (ii) exist.
If the prime minister suspects a person applying for certification under the preceding Article to fall under Article 13, paragraph (5), item (iii) or (iv) or item (vi)(c), the prime minister is to seek the opinion of the Commissioner General of the National Police Agency.
内閣総理大臣は、前条の規定による認定の申請をした者について第十三条第五項第三号、第四号又は第六号ハに該当する疑いがあると認めるときは、警察庁長官の意見を聴くものとする。
Article 16Public Notice of Certification
第十六条(認定の公示等)
Pursuant to the provisions of Cabinet Office Order, once the prime minister has certified a qualified consumer organization as referenced in Article 13, paragraph (1), the prime minister is to issue public notice of its name and address, the office address at which it will provide services related to demanding cease and desist or seeking injunctive relief, and the date of the certification, as well as notify the qualified consumer organization in writing to that effect.
A qualified consumer organization must, pursuant to the provisions of Cabinet Office Order, post a notice to the effect that it is a qualified consumer organization so that it is easily visible at the office where it provides services related to the right to demand an injunction, and make that fact available for public inspection by automatic public transmission (meaning automatically transmitting information in response to a request from the public with the aim of its being directly received by the public, excluding transmission that falls under broadcasting or cable broadcasting) conducted through connection to a telecommunications line.
A person that is not a qualified consumer organization must not use any letters or characters in its name that is likely to mislead the public to believe that it is a qualified consumer organization, and must not give any indication regarding its operations that is likely mislead the public to believe that it is a qualified consumer organization.
適格消費者団体でない者は、その名称中に適格消費者団体であると誤認されるおそれのある文字を用い、又はその業務に関し、適格消費者団体であると誤認されるおそれのある表示をしてはならない。
Article 17Valid Term of Certification
第十七条(認定の有効期間等)
The certification referenced in Article 13, paragraph (1) is valid for six years from the date of the certification.
第十三条第一項の認定の有効期間は、当該認定の日から起算して六年とする。
A qualified consumer organization seeking to continue to provide services related to demanding cease and desist or seeking injunctive relief after the end of the term of validity referenced in the preceding paragraph must have the term of validity extended.
A qualified consumer organization seeking to have the term of validity referenced in the preceding paragraph extended, must apply to the prime minister for renewal of this term of validity referenced in paragraph (1) during the period from 60 to 90 days prior to the day on which it expires (hereinafter referred to as "renewal application period"); provided, however, that this does not apply if the person cannot apply for a renewal during the renewal application period due to a disaster or other compelling reasons.
If a person has applied for a renewal as referenced in the preceding paragraph but the application is not processed by the day on which the term of validity referenced in paragraph (1) expires, the prior certification remains valid even after the term of validity expires, until the application is processed.
In the case referenced in the preceding paragraph, when the term of validity is renewed as referenced in paragraph (2), the term of validity of that certification is to start from the day following the date on which the term of validity for the prior certification expires.
The provisions of Article 13 (excluding paragraph (1) and paragraph (5), item (ii)), Article 14, Article 15, and paragraph (1) of the preceding Article apply mutatis mutandis to the renewal of a term of validity as referenced in paragraph (2); provided, however, that documents as set forth in the items of Article 14, paragraph (2) need not be attached to the renewal application if the content of the documents that have already been submitted to the prime minister has not changed.
Article 18Filing Notification of a Change
第十八条(変更の届出)
If the matters as set forth in one of the items of Article 14, paragraph (1) or the matters stated in the document as set forth in one of the items of paragraph (2) of that Article (excluding items (ii) and (xi)) has changed, a qualified consumer organization must notify the prime minister of this without delay and pursuant to the provisions of Cabinet Office Order; provided, however, that this does not apply if the change is prescribed by Cabinet Office Order as being minor.
If a corporation that is a qualified consumer organization merges or is consolidated with another corporation that is also a qualified consumer organization, the surviving corporation after the merger or the corporation newly-incorporated in the consolidation succeeds the status of the merged and now defunct corporation as a qualified consumer organization under this Act.
適格消費者団体である法人が他の適格消費者団体である法人と合併をしたときは、合併後存続する法人又は合併により設立された法人は、合併により消滅した法人のこの法律の規定による適格消費者団体としての地位を承継する。
A corporation, pursuant to the provisions of the preceding paragraph, which has succeeded to the status that the corporation disappearing in a merger held as a qualified consumer organization under this Act, must notify the prime minister to that effect without delay.
If a corporation that is a qualified consumer organization merges (except when the corporation that is a qualified consumer organization continues to exist; the same applies in this Article and Article 22, item (ii)) with a corporation that is not a qualified consumer organization, the surviving corporation after the merger or the corporation newly-incorporated in the consolidation succeeds the status of the merged and now defunct corporation as a qualified consumer organization under this Act, only if the prime minister has approved the merger.
A corporation that is a qualified consumer organization and a corporation that is not a qualified consumer organization that are both seeking the approval referenced in the preceding paragraph must jointly apply to the prime minister for the approval during the period from 60 to 90 days before the date on which the merger is to take effect (hereinafter referred to in this paragraph as "approval application period"); provided, however, that this does not apply if the organization cannot apply for approval during the approval application period due to a disaster or other compelling reasons.
If an organization has applied for approval as referenced in the preceding paragraph but the application is not processed by the date on which the merger takes effect, the surviving corporation after the merger or the corporation newly-incorporated in the consolidation is deemed to have succeeded the status that the merged and now defunct corporation as a qualified consumer organization under this Act, until the application is processed.
The provisions of Article 13 (excluding paragraph (1)), Article 14, Article 15, and Article 16, paragraph (1) apply mutatis mutandis to the approval referenced in paragraph (3).
If a corporation that is a qualified consumer organization merges or is consolidated with a corporation that is not a qualified consumer organization but does not apply for the approval referenced in paragraph (4), it must file a notification to that effect with the prime minister by the day on which the merger or consolidation takes effect.
If a person has filed a notification as provided under paragraph (2) or the preceding paragraph, the prime minister is to issue public notice to that effect pursuant to the provisions of Cabinet Office Order.
If a corporation that is a qualified consumer organization transfers the entirety of its business involving services related to the right to demand cease and desist to another corporation that is a qualified consumer organization, the transferee succeeds to the status that the transferor held as a qualified consumer organization under this Act.
A corporation, pursuant to the provisions of the preceding paragraph, which has succeeded the status that the transferor held as a qualified consumer organization under this Act, must notify the prime minister to that effect without delay.
If a corporation that is a qualified consumer organization transfers the entirety of its business involving services related to demanding cease and desist or seeking injunctive relief to another corporation that is not a qualified consumer organization, the transferee succeeds the status that the transferor held as a qualified consumer organization under this Act, only if the prime minister has approved the transfer.
A corporation that is a qualified consumer organization and a corporation that is not a qualified consumer organization that are both seeking the approval referenced in the preceding paragraph must jointly apply to the prime minister for the approval during the period from 60 to 90 days before the date of the transfer (hereinafter referred to in this paragraph as the "approval application period"); provided, however, that this does not apply if the organization cannot apply for the approval during the approval application period due to a disaster or other compelling reasons.
If a person has applied for the approval as referenced in the preceding paragraph but the application is not processed by the date of the transfer, the transferee is deemed to have succeeded the status that the transferor held as a qualified consumer organization under this Act, until the application is processed.
The provisions of Article 13 (excluding paragraph (1)), Article 14, Article 15, and Article 16, paragraph (1) apply mutatis mutandis to the approval referenced in paragraph (3).
If a corporation that is a qualified consumer organization transfers the entirety of its business involving services related to demanding cease and desist or seeking injunctive relief to another corporation that is not a qualified consumer organization, but does not apply for the approval referenced in paragraph (4), it must file a notification to that effect with the prime minister by the date of the transfer.
If a person has filed a notification as provided under paragraph (2) or the preceding paragraph, the prime minister is to issue public notice to that effect pursuant to the provisions of Cabinet Office Order.
Article 21Filing Notification of a Dissolution
第二十一条(解散の届出等)
If a qualified consumer organization comes to fall under any of the following items, the person set forth in that item must file a notification to that effect with the prime minister without delay:
適格消費者団体が次の各号に掲げる場合のいずれかに該当することとなったときは、当該各号に定める者は、遅滞なく、その旨を内閣総理大臣に届け出なければならない。
it undergoes a dissolution due to an order commencing bankruptcy proceedings:the bankruptcy trustee;
破産手続開始の決定により解散した場合 破産管財人
it undergoes a dissolution for any reason other than a merger or a bankruptcy commencement ruling:the liquidator; or
合併及び破産手続開始の決定以外の理由により解散した場合 清算人
it discontinues its services related to demanding cease and desist or seeking injunctive relief:the representative of the corporation.
差止請求関係業務を廃止した場合 法人の代表者
If a person has filed a notification as provided under the preceding paragraph, the prime minister is to issue public notice to that effect pursuant to the provisions of Cabinet Office Order.
内閣総理大臣は、前項の規定による届出があったときは、内閣府令で定めるところにより、その旨を公示するものとする。
Article 22Lapse of Certification
第二十二条(認定の失効)
If any of the following grounds arises with regard to a qualified consumer organization, the certification referenced in Article 13, paragraph (1) ceases to be effective:
the term of validity of its certification as referenced in Article 13, paragraph (1) has passed (or its certification has become subject to a disposition denying renewal of the term of validity, in the case provided under Article 17, paragraph (4));
the corporation that is a qualified consumer organization merges with a corporation that is not a qualified consumer organization, and the merger takes effect without going through the approval process referenced in Article 19, paragraph (3) (or takes effect after the issuance of a disposition denying approval for the merger, in the case provided under paragraph (5) of that Article);
the corporation that is a qualified consumer organization transfers the entirety of its business involving services related to the right to demand cease and desist to another corporation that is not a qualified consumer organization, and the transfer is made without going through the approval process referenced in Article 20, paragraph (3) (or is made after the issuance of a disposition denying approval for the transfer, in the case provided under paragraph (5) of that Article); or
the qualified consumer organization has come to fall under any of the items set forth in paragraph (1) of the preceding Article.