In the following cases, if shareholders are likely to suffer any disadvantage, shareholders may demand that the stock company discontinue an issue of the share options relating to solicitation under Article 238, paragraph (1):
次に掲げる場合において、株主が不利益を受けるおそれがあるときは、株主は、株式会社に対し、第二百三十八条第一項の募集に係る新株予約権の発行をやめることを請求することができる。
if relevant issuance of share options violates laws and regulations or the articles of incorporation; or
当該新株予約権の発行が法令又は定款に違反する場合
if relevant issuance of share options is effected by using a method that is extremely unfair.
当該新株予約権の発行が著しく不公正な方法により行われる場合
Read this with the articles around it
share option
「新株予約権」
A right that entitles its holder, by exercising it against a stock company, to receive shares of that company.
Defined inArticle 2, paragraph (1), item (xxi)· applies throughout the law
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.