Article 45Trust Agreements for Security Deposits for Providing Funds Transfer Services
第四十五条(履行保証金信託契約)
If a funds transfer service provider concludes a trust agreement for security deposits for providing funds transfer services with a trust company, etc. (meaning a trust agreement whose purpose is to apply trust property to security deposits for providing funds transfer services in response to an order by the Prime Minister, which states that the trust company, etc. carries out necessary acts including the management of trust property for achieving the purpose of the trust; the same applies hereinafter in this Chapter) for each category of funds transfer service that it provides and has notified the Minister to that effect, it may choose not to make all or part of the security deposits for providing funds transfer services for the relevant category of funds transfer service with regard to the amount of trust property during the period in which the trust property is entrusted pursuant to the trust agreement for security deposits for providing funds transfer services.
A trust agreement for security deposits for providing funds transfer services must provide the following particulars:
履行保証金信託契約は、次に掲げる事項をその内容とするものでなければならない。
the beneficiaries of the trust agreement for security deposits for providing funds transfer services are to be the users of funds transfer transactions carried out by the funds transfer service provider who is the party to the trust agreement for security deposits for providing funds transfer services (limited to funds transfer transactions for the category of funds transfer service pertaining to the trust agreement for security deposits for providing funds transfer services);
an agent of the beneficiaries is appointed;
受益者代理人を置いていること。
a trust company, etc. realizes the trust property and deposits the proceeds thereof in response to an order by the Prime Minister; and
内閣総理大臣の命令に応じて、信託会社等が信託財産を換価し、供託をすること。
other particulars specified by Cabinet Office Order.
その他内閣府令で定める事項
The types of the trust properties entrusted pursuant to a trust agreement for security deposits for providing funds transfer services are to be limited to money, bank deposits and savings (limited to those specified by Cabinet Office Order), or national government bond certificates, local government bond certificates or other bond certificates specified by Cabinet Office Order. In this case, the appraised value of those bond certificates is determined pursuant to the provisions of Cabinet Office Order.
履行保証金信託契約に基づき信託される信託財産の種類は、金銭若しくは預貯金(内閣府令で定めるものに限る。)又は国債証券、地方債証券その他の内閣府令で定める債券に限るものとする。この場合において、当該債券の評価額は、内閣府令で定めるところによる。