With regard to the actions set forth in the following items, the persons specified in each of those items are to be the defendants:
次の各号に掲げる訴えについては、当該各号に定める者を被告とする。
the action referred to in Article 859 (referred to as an "action seeking removal of a member of a membership company" in the following Article and Article 937, paragraph (1), item (i), (k)):the subject member; and
第八百五十九条の訴え（次条及び第九百三十七条第一項第一号ルにおいて「持分会社の社員の除名の訴え」という。） 対象社員
the action referred to in the preceding Article (referred to as an "action seeking extinguishment of a right to execute business or authority of representation of a member executing business of a membership company" in the following Article and Article 937, paragraph (1), item (i), (l)):the subject managing member.
前条の訴え（次条及び第九百三十七条第一項第一号ヲにおいて「持分会社の業務を執行する社員の業務執行権又は代表権の消滅の訴え」という。） 対象業務執行社員
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subject member
「対象社員」
In Article 859 and Article 861, item (i), a member (社員) of a membership company (持分会社) whom the company may, on a majority vote of the other members, ask a court to expel when grounds listed in Article 859 apply.
Short name set inArticle 859, paragraph (1)· applies only in this article and in Article 861, paragraph (1), item (i)
subject managing member
「対象業務執行社員」
In Article 860 and Article 861, item (ii), a member (社員) who runs the business of a membership company (持分会社), whose right to do so or to represent the company the company may, on a majority vote of the other members, ask a court to end when grounds listed in Article 860 apply.
Short name set inArticle 860, paragraph (1)· applies only in this article and in Article 861, paragraph (1), item (ii)
action seeking removal of a member of a membership company
「持分会社の社員の除名の訴え」
A lawsuit under Article 859 in which a membership company (持分会社), on a resolution of a majority of its other members, seeks the expulsion of a member (社員) on one of the grounds that Article lists, such as failing to make the promised contribution or otherwise failing in an important duty.
Short name set inArticle 861, paragraph (1), item (i)· applies only in this provision and in Article 862; and Article 937, paragraph (1), item (i), (k)
action seeking extinguishment of right to execute business or authority of representation of member executing business of a membership companymachine translation
「持分会社の業務を執行する社員の業務執行権又は代表権の消滅の訴え」
A lawsuit under Article 860 in which a membership company (持分会社), on a resolution of a majority of its other members, seeks to end a member's right to execute the company's business or authority to represent it, because the member has given one of the grounds for expulsion in Article 859 or is grossly unfit to execute the company's business or represent it.
Short name set inArticle 861, paragraph (1), item (ii)· applies only in this provision and in Article 862; and Article 937, paragraph (1), item (i), (l)