A company with nominating committee, etc. must keep the minutes referred to in paragraph (3) of the preceding Article at its head office for the period of ten years from the day of the nominating committee, etc. meeting.
指名委員会等設置会社は、指名委員会等の日から十年間、前条第三項の議事録をその本店に備え置かなければならない。
The directors of a company with nominating committee, etc. may inspect or copy anything set forth in the following items:
指名委員会等設置会社の取締役は、次に掲げるものの閲覧及び謄写をすることができる。
if the minutes under the preceding paragraph are prepared in writing, relevant documents; and
前項の議事録が書面をもって作成されているときは、当該書面
if the minutes under the preceding paragraph are prepared as an electronic or magnetic record, anything that is used in the manner prescribed by Ministry of Justice Order to display the information recorded in that electronic or magnetic record.
If it is necessary for the purpose of exercising the rights of a shareholder of a company with nominating committee, etc., the relevant shareholder may make requests for inspection or copying of the things set forth in each item of the preceding paragraph with respect to the minutes under paragraph (1) with the permission of the court.
指名委員会等設置会社の株主は、その権利を行使するため必要があるときは、裁判所の許可を得て、第一項の議事録について前項各号に掲げるものの閲覧又は謄写の請求をすることができる。
The provisions of the preceding paragraph apply mutatis mutandis to the cases where it is necessary for the purpose of enforcing the liability of committee members by a creditor of a company with nominating committee, etc. and where it is necessary for the purpose of exercising the rights of a member of the parent company.
前項の規定は、指名委員会等設置会社の債権者が委員の責任を追及するため必要があるとき及び親会社社員がその権利を行使するため必要があるときについて準用する。
If the court finds that the inspection or copying relating to the requests under paragraph (3) (including cases of the mutatis mutandis application under the preceding paragraph; hereinafter the same applies in this paragraph) is likely to cause substantial detriment to the company with nominating committee, etc. or its parent company or subsidiary company, the court may not grant the permission under paragraph (3).
Read this with the articles around it
subsidiary company
「子会社」
A stock company in which a company holds a majority of the votes, or any other corporation whose management a company controls, as set out by Ministry of Justice Order (法務省令).
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
parent company
「親会社」
A company that has a stock company as its subsidiary company, or any other corporation that controls a stock company's management, as set out by Ministry of Justice Order (法務省令).
Defined inArticle 2, paragraph (1), item (iv)· applies throughout the law
nominating committees, etc.machine translation
「指名委員会等」
The three committees of a company with nominating committee, etc.: its nominating committee, audit committee and remuneration committee.
Short name set inArticle 2, paragraph (1), item (xii)
company with nominating committee, etc.machine translation
「指名委員会等設置会社」
A stock company with a nominating committee, an audit committee and a remuneration committee, each made up of directors.
Defined inArticle 2, paragraph (1), item (xii)· applies throughout the law
electronic or magnetic record
「電磁的記録」
A record made in electronic, magnetic or any other form people cannot perceive directly, of a kind that Ministry of Justice Order (法務省令) specifies as used in computer processing.
Defined inArticle 26, paragraph (2)
member of the parent companymachine translation
「親会社社員」
A shareholder or other member of a company's parent company, who may, with the court's permission, inspect records of the subsidiary where needed to exercise their rights.
Defined inArticle 31, paragraph (3)
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.