In order to convene a creditors meeting, the convener must give the written notice thereof to agreement claim creditors who stated their claims and other agreement claim creditors known to the liquidating stock company and the liquidating stock company, no later than two weeks prior to the day of the creditors meeting.
In lieu of the sending of the written notice referred to in the preceding paragraph, the convener may send the notice by electronic or magnetic means with the approval of the agreement claim creditors in accordance with the provisions of Cabinet Order. In these cases, relevant convener is deemed to have sent the written notice under that paragraph.
The notice under the preceding two paragraphs must state or record the matters set forth in each item of paragraph (1) of the preceding Article.
The provisions of the preceding three paragraphs apply mutatis mutandis to agreement claim creditors that stated their claims and other agreement claim creditors known to the liquidating stock company that hold general liens and other claims that have general priority, claims that have arisen in relation to the liquidating stock company for procedures for special liquidation or rights to seek reimbursement of expenses of procedures for special liquidation from the liquidating stock company.
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electronic or magnetic means
「電磁的方法」
A method that uses an electronic data processing system or other information and communications technology, of a kind set by Ministry of Justice Order (法務省令).
Defined inArticle 2, paragraph (1), item (xxxiv)
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)
agreement claim creditors
「協定債権者」
A creditor who holds an agreement claim in the special liquidation of a stock company.
Short name set inArticle 517, paragraph (1)· applies only in this section
convener
「招集者」
The person who calls a creditors meeting in special liquidation, or a bondholders meeting.
Short name set inArticle 548, paragraph (1)· applies only in this subsection
statutory lien
先取特権
A right the law itself gives certain creditors to be paid out of the debtor's property ahead of other creditors (Civil Code, Article 303). Some reach all of the debtor's property, such as a claim arising from employment (Article 306, item (ii)); others reach particular property only, such as a landlord's claim for rent and other debts under a lease of land or a building, which reaches, for land, the movables furnished to it or to a building used with it, the movables used on it and the crops or other fruits of it the tenant holds, and for a building, the movables the tenant has furnished it with (Articles 311 to 313). The Act on Land and Building Leases gives a landowner one over the tenant's building on the land for the last two years' rent that has fallen due (Article 12, paragraph (1)), which keeps its effect by the registration of the superficies or the land lease (Article 12, paragraph (2)).
Written by AI using Civil Code, Arts. 303, 306, 311, 312, 313 and Act on Land and Building Leases, Art. 12 as a reference.