Article 623Responsibility of Members with Limited Liability Regarding Distribution of Profit
第六百二十三条(有限責任社員の利益の配当に関する責任)
If the book value of the monies, etc. delivered by a membership company to a member with limited liability by the distribution of profit (hereinafter in this paragraph referred to as "distributed amount") exceeds the amount of the profit as at the day when relevant distribution of profit takes place (meaning the amount calculated in a manner prescribed by Ministry of Justice Order as the profit of a membership company; hereinafter the same applies in this Chapter), members with limited liability who received relevant distribution of profit are jointly and severally liable to relevant membership company for the payment of monies equivalent to relevant distributed amount.
For the purpose of the application of the provisions of Article 580, paragraph (2) to the members that received the distribution of profit under the preceding paragraph in the cases provided for in that paragraph, the phrase "to the extent of the value of their investment (excluding the value of the contributions to the membership company already performed)" in that Article 580, paragraph (2) is deemed to be replaced with "to the extent of the sum of the value of their investment (excluding the value of the contributions to the membership company already performed) and the amount by which the distributed amount under Article 623, paragraph (1) exceeds the amount of the profit under that paragraph".
Read this with the articles around it
monies, etc.machine translation
「金銭等」
Money and any other property.
Defined inArticle 151, paragraph (1)
membership company
「持分会社」
General partnership companies, limited partnership companies and limited liability companies taken together: the three kinds of company under this Act that are owned by members rather than by shareholders.
Short name set inArticle 575, paragraph (1)
amount of the profitmachine translation
「利益額」
A membership company's profit, calculated by the method set by Ministry of Justice Order (法務省令), beyond which it may not distribute profit to its members with limited liability.
Defined inArticle 623, paragraph (1)· applies only in this chapter
distributed amount
「配当額」
The book value of the money or other property a membership company hands a limited liability member as a distribution of profit.
Short name set inArticle 623, paragraph (1)· applies only in this paragraph