With regard to shares, it may not be perfected that relevant shares belong to the trust property against the stock company and other third parties unless the fact that relevant shares belong to the trust property is entered or recorded in the shareholder register
株式については、当該株式が信託財産に属する旨を株主名簿に記載し、又は記録しなければ、当該株式が信託財産に属することを株式会社その他の第三者に対抗することができない。
When shares held by shareholders under Article 121, item (i) belong to the trust property, it may request the stock company to enter or record to that effect in the shareholder register.
第百二十一条第一号の株主は、その有する株式が信託財産に属するときは、株式会社に対し、その旨を株主名簿に記載し、又は記録することを請求することができる。
For the purpose of the application of the provisions of Article 122, paragraph (1) and Article 132 if the entry or record is made pursuant to the provisions of the preceding paragraph in the shareholder register, the phrase "information required to be entered in the shareholder register which has been entered or recorded in the shareholder register with respect to that shareholder" in Article 122, paragraph (1) is deemed to be replaced with "information required to be entered in the shareholder register which has been entered or recorded in the shareholder register with respect to that shareholder (including the fact that shares held by that shareholder belong to the trust property)" and the phrase "information that is required to be entered in the shareholder register in respect of any shareholder holding shares as referred to in that item" in Article 132 is deemed to be replaced with "information required to be entered in the shareholder register in respect of any shareholder holding shares as referred to in that item (including the fact that shares held by that shareholder belongs to the trust property)".
The provisions of the preceding three paragraphs do not apply to a share certificate-issuing company.
Read this with the articles around it
share certificate-issuing company
「株券発行会社」
A stock company whose articles of incorporation provide that it issues share certificates for its shares (for a company with class shares, for shares of every class).
Defined inArticle 117, paragraph (7)
information required to be entered in the shareholder registermachine translation
「株主名簿記載事項」
The details a stock company must enter in its shareholder register, such as each shareholder's name and address, the number of shares they hold and when they acquired them.
Short name set inArticle 121, paragraph (1)
assert against
対抗
To be able to rely on a right, or on a fact about it, against someone who is not a party to it. Acquiring, losing or changing a right in rem (物権) in land or a building cannot be asserted against third parties until it is registered (登記) (Civil Code, Article 177), and a registered lease of land or a building can be asserted against a person who acquires a right in rem in it, such as a buyer, and against other third parties (Article 605). The Act on Land and Building Leases lets a tenant do without registering the lease itself: a right to use land for a building (借地権) can be asserted against third parties once the tenant owns a registered building on the land (Article 10, paragraph (1)), and a building lease takes effect against anyone who later acquires a right in rem in the building, such as a new owner, once the building has been handed over (Article 31). Some rules protect only a third party who did not know: a rescission for fraud cannot be asserted against a third party who did not know of the fraud and was not careless in not knowing (善意でかつ過失がない) (Civil Code, Article 96, paragraph (3)).
Written by AI using Civil Code, Arts. 96, 177, 605 and Act on Land and Building Leases, Arts. 10, 31 as a reference.