Upon the request of a bankruptcy trustee or the creditors' committee prescribed in Article 144, paragraph (2) or the request based on a resolution at a creditors' meeting, the following persons must give necessary explanation concerning bankruptcy; provided, however, that with regard to the person stated in item (v), this applies only when permitted by the court:
when the bankrupt is a corporation, its director, company director, executive officer, inspector, company auditor, and liquidator;
破産者が法人である場合のその理事、取締役、執行役、監事、監査役及び清算人
any other person equivalent to the persons stated in the preceding item; and
前号に掲げる者に準ずる者
The provisions of the preceding paragraph apply mutatis mutandis to a person that is any of the persons stated in the items of that paragraph (excluding item (i)).
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(Creditors' Committees)
When the court finds it necessary, it may request the approved committee pursuant to the provisions of the preceding paragraph (referred to below as the "creditors' committee") to state its opinion…
裁判所は、必要があると認めるときは、破産手続において、前項の規定により承認された委員会（以下「債権者委員会」という。）に対して、意見の陳述を求めることができる。
Open this provision(Obligation of Explanation of Bankrupts)
Upon the request of a bankruptcy trustee or the creditors' committee prescribed in Article 144, paragraph (2) or the request based on a resolution at a creditors' meeting…
次に掲げる者は、破産管財人若しくは第百四十四条第二項に規定する債権者委員会の請求又は債権者集会の決議に基づく請求があったときは、破産に関し必要な説明をしなければならない。ただし、第五号に掲げる者については、裁判所の許可がある場合に限る。
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bankrupt;
破産者
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bankrupt's agent;
破産者の代理人
Open this provision(Obligation of Explanation of Bankrupts)
when the bankrupt is a corporation, its director, company director, executive officer, inspector, company auditor, and liquidator;
破産者が法人である場合のその理事、取締役、執行役、監事、監査役及び清算人
Open this provision(Obligation of Explanation of Bankrupts)
bankrupt's employee (excluding the person stated in item (ii)).
破産者の従業者（第二号に掲げる者を除く。）
Open this provisionbankrupt
「破産者」
A debtor against whom an order commencing bankruptcy proceedings has been made under Article 30, paragraph (1).
Defined inArticle 2, paragraph (4)· applies throughout the law
bankruptcy trustee
「破産管財人」
A person who has the right to administer and dispose of the property belonging to the bankruptcy estate (破産財団) in bankruptcy proceedings.
Defined inArticle 2, paragraph (12)· applies throughout the law
creditors' committee
「債権者委員会」
A committee made up of bankruptcy creditors (破産債権者) that the court, on an interested person's petition, has approved under Article 144, paragraph (1) to take part in the bankruptcy proceedings.
Short name set inArticle 144, paragraph (2)
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.