Article 539Designating Periods for Disposition by Security Interest Holders
第五百三十九条(担保権者が処分をすべき期間の指定)
If security interest holders have the right to dispose of the assets that underlie the security interest without relying on the method prescribed by the Act, the court may, in response to the petition by the liquidating stock company, specify the period during which the security interest holders ought to effect the disposition.
Security interest holders will lose their right under the preceding paragraph if they do not effect disposition during the period under the preceding paragraph.
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liquidating stock companies
「清算株式会社」
A stock company that is being wound up, which is treated as still existing for the purposes of the liquidation until the liquidation is completed.
Short name set inArticle 476, paragraph (1)
security interest
「担保権」
A special statutory lien, pledge, mortgage or right of retention over property of a stock company in special liquidation (Article 522, paragraph (2)), which the company may have converted into money under the Civil Enforcement Act or other laws on compulsory execution.
Short name set inArticle 538, paragraph (2)· applies only in this article and in Article 539
security interest holder
「担保権者」
In Articles 538 and 539, a person holding a security interest (担保権) of the kinds Article 522(2) lists — a special statutory lien (特別の先取特権), pledge (質権), mortgage (抵当権) or certain rights of retention (留置権) — over property of a stock company in special liquidation, who may not refuse the company's having that property converted into money under the Civil Enforcement Act or other laws on compulsory execution.
Short name set inArticle 538, paragraph (2)· applies only in this article and in Article 539