Registered pledgees of shares may receive the monies, etc. (limited to monies) under Article 151, paragraph (1), or monies under paragraph (2) of that Article, and appropriate them as payment to satisfy their own claims in priority to other creditors.
If a stock company performs the acts set forth in the following items, if the claims under the preceding paragraph have not yet become due and payable, the registered pledgees of shares may have the person specified in each of those items deposit an amount equivalent to the value of the monies, etc. provided for in that paragraph. In these cases, the pledge is effective with respect to the monies so deposited:
acts set forth in Article 151, paragraph (1), items (i) through (vi), item (viii), item (ix), or item (xiv):that stock company;
第百五十一条第一項第一号から第六号まで、第八号、第九号又は第十四号に掲げる行為 当該株式会社
merger (but only if the stock company disappears in the merger):the company surviving the absorption-type merger as prescribed in Article 749, paragraph (1) or the company incorporated in the consolidation-type merger as prescribed in Article 753, paragraph (1);
合併(合併により当該株式会社が消滅する場合に限る。) 第七百四十九条第一項に規定する吸収合併存続会社又は第七百五十三条第一項に規定する新設合併設立会社
share exchange:the wholly owning parent company resulting from the share exchange prescribed in Article 767; or
In the case prescribed in Article 151, paragraph (2), if the claim under paragraph (1) has not yet come due and payable, a registered pledgee of shares may have the special controlling shareholders deposit an amount equivalent to the value of the monies under paragraph (2) of that Article. In this case, the pledge is effective with respect to the monies so deposited
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entity conversion
「組織変更」
A company's changing its legal form, either from a stock company into a membership company (a general partnership, limited partnership or limited liability company) or the other way round.
Defined inArticle 2, paragraph (1), item (xxvi)· applies throughout the law
share exchange
「株式交換」
A stock company's having all of its issued shares acquired by another existing stock company or limited liability company, which becomes its sole owner.
Defined inArticle 2, paragraph (1), item (xxxi)· applies throughout the law
share transfer
「株式移転」
One or more stock companies having all of their issued shares acquired by a newly formed stock company, which becomes their sole owner.
Defined inArticle 2, paragraph (1), item (xxxii)· applies throughout the law
registered pledgee of shares
「登録株式質権者」
A person holding a pledge over shares who is entered as pledgee in the company's shareholder register.
Short name set inArticle 149, paragraph (1)
monies, etc.machine translation
「金銭等」
Money and any other property.
Defined inArticle 151, paragraph (1)
special controlling shareholdermachine translation
「特別支配株主」
A person who, together with the stock companies it wholly owns and similar corporations set by Ministry of Justice Order (法務省令), holds nine tenths or more of the votes in a stock company (or any higher proportion its articles of incorporation set), and who may therefore demand that all other shareholders sell it their shares.
Defined inArticle 151, paragraph (2)· applies only in this provision and in Article 154, paragraph (3)
membership company after entity conversion
「組織変更後持分会社」
The membership company that a stock company becomes through entity conversion.
Short name set inArticle 744, paragraph (1), item (i)· applies only in this part
company surviving the absorption-type merger
「吸収合併存続会社」
The company that survives an absorption-type merger and takes over the rights and obligations of the company that ceases to exist.
Short name set inArticle 749, paragraph (1)· applies only in this part
company incorporated in the consolidation-type merger
「新設合併設立会社」
The new company formed in a consolidation-type merger, which takes over all the rights and obligations of the companies that merged into it.
Short name set inArticle 753, paragraph (1)· applies only in this part
wholly owning parent company resulting from the share exchangemachine translation
「株式交換完全親会社」
The stock company or limited liability company that acquires all the issued shares of another stock company in a share exchange.
Short name set inArticle 767, paragraph (1)· applies only in this part
wholly owning parent company incorporated in a share transfermachine translation
「株式移転設立完全親会社」
The new stock company formed in a share transfer, which acquires all the issued shares of the companies carrying it out.
Short name set inArticle 773, paragraph (1), item (i)· applies only in this part