Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding 1 year from the date of promulgation.
この法律は、公布の日から起算して一年を超えない範囲内において政令で定める日から施行する。
Supplementary Provisions, Article 2Repeal of the Act on the Regulation of Prepaid Certificates, etc.
第二条(前払式証票の規制等に関する法律の廃止)
The Act on the Regulation of Prepaid Certificates, etc. (Act No. 92 of 1989) is repealed.
前払式証票の規制等に関する法律(平成元年法律第九十二号)は、廃止する。
Supplementary Provisions, Article 3Transitional Measures Concerning Issuers of Prepaid Payment Instruments
第三条(前払式支払手段発行者に係る経過措置)
This Act does not apply, with regard to the prepaid payment instruments for which the whole of the business of issuing has been discontinued, to a person who, before the day on which this Act comes into effect (hereinafter referred to as the "Effective Date"), has discontinued the whole of the business of issuing prepaid payment instruments (meaning prepaid payment instruments prescribed in Article 3, paragraph (1); the same applies hereinafter) other than the prepaid certificates prescribed in Article 2, paragraph (1) of the Act on the Regulation of Prepaid Certificates, etc. prior to its repeal under the provisions of the preceding Article (hereinafter referred to as the "Former Act") (hereinafter simply referred to as "prepaid certificates") (hereinafter referred to in this Article as a "person who has discontinued issuance"); provided, however, that where a person who has discontinued issuance restarts the business of issuing such prepaid payment instruments on or after the Effective Date, this does not apply on or after the day on which the person started the business of issuing.
Supplementary Provisions, Article 4
第四条
A person who has actually filed the notification under Article 4, paragraph (1) of the Former Act at the time this Act comes into effect (including a person who has made a notification under Article 5, paragraph (3) of the Former Act and whose unused balance on the base date (meaning the unused balance on the base date prescribed in Article 2, paragraph (2) of the Former Act) of the self-issued prepaid certificates it issued (meaning the self-issued prepaid certificates prescribed in Article 2, paragraph (4) of the Former Act) as of the base date immediately preceding the Effective Date (meaning the base date prescribed in Article 3, paragraph (2); the same applies hereinafter) exceeds the standard amount (meaning the standard amount prescribed in Article 14, paragraph (1); the same applies hereinafter)) is deemed to have become an issuer of prepaid payment instruments for its own business (meaning the issuer of prepaid payment instruments for its own business prescribed in Article 3, paragraph (6); the same applies hereinafter) on the Effective Date.
A person deemed under the provisions of the preceding paragraph to have become an issuer of prepaid payment instruments for its own business must submit to the Prime Minister a document stating the particulars set forth in the items of Article 5, paragraph (1) and the document prescribed in paragraph (2) of that Article, by the day on which the period specified by Cabinet Office Order has elapsed from the first base date to arrive on or after the Effective Date.
Supplementary Provisions, Article 5
第五条
A corporation that has actually obtained the registration under Article 6 of the Former Act at the time this Act comes into effect is deemed to have become an issuer of prepaid payment instruments for third-party business (meaning the issuer of prepaid payment instruments for third-party business prescribed in Article 3, paragraph (7); the same applies hereinafter) on the Effective Date.
A corporation deemed under the provisions of the preceding paragraph to have become an issuer of prepaid payment instruments for third-party business must submit to the Prime Minister a document stating the particulars set forth in the items of Article 8, paragraph (1) and the document prescribed in paragraph (2) of that Article, by the day on which the period specified by Cabinet Office Order has elapsed from the first base date to arrive on or after the Effective Date.
When a document has been submitted pursuant to the provisions of the preceding paragraph, the Prime Minister is to register the particulars set forth in the items of Article 8, paragraph (1) and the particulars set forth in Article 9, paragraph (1), item (ii) that are stated in the document in the register of issuers of prepaid payment instruments for third-party business.
With regard to the application of the provisions of Article 27, paragraph (1), item (i) to a corporation deemed under the provisions of paragraph (1) to have become an issuer of prepaid payment instruments for third-party business, the phrase "any of the items of Article 10, paragraph (1)" in that item is deemed to be replaced with "item (vi) or (ix) of Article 10, paragraph (1)".
Supplementary Provisions, Article 6
第六条
A person who had been deemed to be an issuer of prepaid payment instruments for third-party business prescribed in Article 2, paragraph (7) of the Former Act pursuant to the provisions of Article 27 of the Former Act is deemed to be an issuer of prepaid payment instruments for third-party business, and the provisions of this Act apply to the person, within the scope of the purpose of completing the performance of the obligations of the prepaid certificates it issued.
Supplementary Provisions, Article 7
第七条
With regard to the application of the provisions of Article 5, paragraph (1) to a person who, at the time this Act comes into effect, is actually conducting the business of issuing only prepaid payment instruments for their own business (meaning the prepaid payment instruments for their own business prescribed in Article 3, paragraph (4)) (excluding a person deemed under the provisions of Article 4, paragraph (1) of the Supplementary Provisions to have become an issuer of prepaid payment instruments for its own business), the phrase "since the corporation commenced to issue prepaid payment instruments for their own business" in that paragraph is deemed to be replaced with "on or after the day on which this Act comes into effect".
Supplementary Provisions, Article 8
第八条
A person who, at the time this Act comes into effect, is actually conducting the business of issuing prepaid payment instruments for third-party business (meaning prepaid payment instruments for third-party business prescribed in Article 3, paragraph (5); the same applies hereinafter) (excluding a person deemed under the provisions of Article 5, paragraph (1) of the Supplementary Provisions to have become an issuer of prepaid payment instruments for third-party business) may conduct that business for six months from the Effective Date (or, if a disposition of refusal of registration under the provisions of Article 10, paragraph (1) is made within that period, or the person is ordered to discontinue that business pursuant to the provisions of Article 27, paragraph (1) as applied with replacement of terms under the provisions of the following paragraph, until the day of that disposition or the day on which the person was ordered to discontinue), notwithstanding the provisions of Article 7.
In the case where a person is allowed to conduct the business of issuing prepaid payment instruments for third-party business pursuant to the provisions of the preceding paragraph, the provisions of this Act apply to that person, deeming the person to be an issuer of prepaid payment instruments for third-party business; in this case, in addition to the phrase "revoke its registration referred to in Article 7" in Article 27, paragraph (1) being deemed to be replaced with "order the discontinuance of the business of issuing prepaid payment instruments for third-party business", any other necessary technical replacement of terms is specified by Cabinet Order.
前項の規定により第三者型前払式支払手段の発行の業務を行うことができる場合においては、その者を第三者型発行者とみなして、この法律の規定を適用する。この場合において、第二十七条第一項中「第七条の登録を取り消し」とあるのは、「第三者型前払式支払手段の発行の業務の廃止を命じ」とするほか、必要な技術的読替えは、政令で定める。
With regard to the application of the provisions of this Act in the case where a person is ordered to discontinue the business of issuing prepaid payment instruments for third-party business pursuant to the provisions of Article 27, paragraph (1) as applied with replacement of terms under the provisions of the preceding paragraph, the person so ordered is deemed to be a person whose registration under Article 7 has been revoked pursuant to the provisions of that paragraph, and the day on which the person was so ordered is deemed to be the day of revocation of the registration under that Article pursuant to the provisions of that paragraph.
Supplementary Provisions, Article 9
第九条
A person who, on the day on which six months have elapsed from the Effective Date, is conducting the business of issuing prepaid payment instruments for third-party business under the application of the provisions of paragraph (1) of the preceding Article, and whose unused balance on the base date (meaning the unused balance on the base date prescribed in Article 3, paragraph (2); the same applies hereinafter) as of the first base date to arrive on or after the Effective Date does not exceed the amount specified by Cabinet Order within a range not falling below the standard amount, may, if the person satisfies all of the following requirements, conduct that business, notwithstanding the provisions of Article 7, during the period from the day on which six months have elapsed from the Effective Date until the day on which three years have elapsed from the Effective Date (or, if a disposition of refusal of registration under the provisions of Article 10, paragraph (1) is made within that period, or the person is ordered to discontinue that business pursuant to the provisions of Article 27, paragraph (1) as applied with replacement of terms under the provisions of paragraph (3), until the day of that disposition or the day on which the person was ordered to discontinue, and if the amount set forth in Article 23, paragraph (1), item (i) in each record period (meaning the record period prescribed in Article 3, paragraph (8); the same applies hereinafter) on or after the day following the first base date to arrive on or after the Effective Date comes to exceed the amount specified by Cabinet Order within a range not falling below the standard amount, until the last day of the record period in which it came to exceed that amount).
施行日から六月を経過する日において前条第一項の規定の適用を受けて第三者型前払式支払手段の発行の業務を行っている者で、施行日以後最初に到来する基準日における基準日未使用残高(第三条第二項に規定する基準日未使用残高をいう。以下同じ。)が基準額を下回らない範囲内で政令で定める額以下のものは、次に掲げる要件のすべてに該当する場合には、施行日から六月を経過した日以後施行日から三年を経過する日までの間(当該期間内に第十条第一項の規定による登録の拒否の処分があったとき、又は第三項の規定により読み替えて適用される第二十七条第一項の規定により当該業務の廃止を命じられたときは、当該処分のあった日又は当該廃止を命じられた日までの間とし、施行日以後最初に到来する基準日の翌日以後の各基準期間(第三条第八項に規定する基準期間をいう。以下同じ。)における第二十三条第一項第一号に掲げる額が基準額を下回らない範囲内で政令で定める額を超えることとなったときは、当該超えることとなった基準期間の末日までの間とする。)は、第七条の規定にかかわらず、当該業務を行うことができる。
the person is not a corporation, or is a corporation established under the laws and regulations of a foreign state that does not have a business office or office in Japan;
法人でないこと又は外国の法令に準拠して設立された法人であって、国内に営業所若しくは事務所を有しないものであること。
the person has been conducting the business of issuing prepaid payment instruments for third-party business since on or before the day of promulgation of this Act; and
この法律の公布の日以前から第三者型前払式支払手段の発行の業務を行っていること。
the amount set forth in Article 23, paragraph (1), item (i) in each record period on or after the day following the first base date to arrive on or after the Effective Date does not exceed the amount specified by Cabinet Order within a range not falling below the standard amount.
施行日以後最初に到来する基準日の翌日以後の各基準期間における第二十三条第一項第一号に掲げる額が基準額を下回らない範囲内で政令で定める額を超えないこと。
A person who conducts the business of issuing prepaid payment instruments for third-party business under the application of the provisions of the preceding paragraph must notify the Prime Minister of the following particulars, pursuant to the provisions of Cabinet Office Order, by the day on which the period specified by Cabinet Office Order has elapsed from the day on which six months have elapsed from the Effective Date:
前項の規定の適用を受けて第三者型前払式支払手段の発行の業務を行う者は、施行日から六月を経過した日から内閣府令で定める期間を経過する日までに、内閣府令で定めるところにより、次に掲げる事項を内閣総理大臣に届け出なければならない。
name, trade name or other name and address;
氏名、商号又は名称及び住所
name and location of the business office or office for the business of issuing prepaid payment instruments;
前払式支払手段の発行の業務に係る営業所又は事務所の名称及び所在地
in cases of an association or foundation without juridical personality, name of the representative person or administrator;
人格のない社団又は財団にあっては、その代表者又は管理人の氏名
unused balance on the base date as of the first base date to arrive on or after the Effective Date;
the type, the name, and the amount available for payment, etc. (meaning the amount available for payment, etc. prescribed in Article 3, paragraph (3)) of the prepaid payment instruments to be issued;
other particulars specified by Cabinet Office Order.
その他内閣府令で定める事項
If a person conducts the business of issuing prepaid payment instruments for third-party business pursuant to the provisions of paragraph (1), the provisions of this Act apply to that person, deeming the person to be an issuer of prepaid payment instruments for third-party business. In this case, the phrase "revoke its registration referred to in Article 7" in Article 27, paragraph (1) is deemed to be replaced with "order the discontinuance of the business of issuing prepaid payment instruments for third-party business", and any other necessary technical replacement of terms is specified by Cabinet Order.
第一項の規定により第三者型前払式支払手段の発行の業務を行う場合においては、その者を第三者型発行者とみなして、この法律の規定を適用する。この場合において、第二十七条第一項中「第七条の登録を取り消し」とあるのは、「第三者型前払式支払手段の発行の業務の廃止を命じ」とするほか、必要な技術的読替えは、政令で定める。
The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the case where a person is ordered to discontinue the business of issuing prepaid payment instruments for third-party business pursuant to the provisions of Article 27, paragraph (1) as applied with replacement of terms under the provisions of the preceding paragraph.
前条第三項の規定は、前項の規定により読み替えて適用される第二十七条第一項の規定により第三者型前払式支払手段の発行の業務の廃止を命じられた場合について準用する。
Supplementary Provisions, Article 10
第十条
The provisions of Article 13 apply to prepaid payment instruments issued on or after the Effective Date.
Supplementary Provisions, Article 11
第十一条
The provisions of Article 14 through Article 19, Article 31 and Article 32 apply from the first base date to arrive on or after the Effective Date, and the provisions then in force continue to govern the deposit pertaining to prepaid certificates and the fulfillment of the rights of the holders of those prepaid certificates before that base date.
The security deposits for issuance deposited pursuant to the provisions of Article 13, paragraph (1) of the Former Act (including the case where the provisions then in force continue to govern pursuant to the provisions of the preceding paragraph) are deemed to be security deposits for issuance deposited pursuant to the provisions of Article 14, paragraph (1).
With regard to the application of the provisions of Article 14, paragraph (1) to the prepaid payment instruments issued by a person that, at the time this Act comes into effect, is actually conducting the business of issuing prepaid payment instruments other than prepaid certificates (excluding the prepaid certificates prescribed in Article 7, paragraph (3) of the Supplementary Provisions of the Former Act) (referred to as an "issuer not subject to deposit" in the following paragraph), the phrase "half" in that paragraph is deemed to be replaced with the wording in the right-hand column of the following table for the respective base dates listed in the left-hand column of that table:
| The first base date to arrive on or after the Effective Date | One-sixth |
| The second base date to arrive after the Effective Date | Two-sixths |
If an issuer not subject to deposit keeps separately the prepaid payment instruments issued before the Effective Date and the prepaid payment instruments issued on or after the Effective Date, then, with regard to the application of the provisions of Article 14, paragraph (1) to the prepaid payment instruments issued by that issuer not subject to deposit, notwithstanding the provisions of the preceding paragraph, the phrase "unused balance on the base date" in paragraph (1) of that Article is deemed to be replaced with "unused balance on the base date pertaining to the prepaid payment instruments issued on or after the Effective Date".
Supplementary Provisions, Article 12
第十二条
The provisions of Article 23 apply to the written reports prescribed in paragraph (1) of that Article for the base dates arriving on or after the Effective Date, and the provisions then in force continue to govern the written reports prescribed in Article 17, paragraph (1) of the Former Act for the base dates preceding those base dates.
Supplementary Provisions, Article 13
第十三条
A person falling under one of the following items is subject to a fine of not more than 300,000 yen:
次の各号のいずれかに該当する者は、三十万円以下の罰金に処する。
a person who fails to submit the documents referred to in Article 4, paragraph (2) or Article 5, paragraph (2) of the Supplementary Provisions, or makes false statements in them and submits them;
a person who fails to make the notification under Article 9, paragraph (2) of the Supplementary Provisions, or makes the notification with false statements.
附則第九条第二項の規定による届出をせず、又は虚偽の記載をして届出をした者
Where the representative person or administrator of a corporation (including an association or foundation without juridical personality for which a representative person or administrator has been designated; hereinafter the same applies in this paragraph), or an agent, employee, or other worker of a corporation or individual, commits the violation set forth in the preceding paragraph with regard to the business of that corporation or individual, in addition to punishing the offender, the fine prescribed in that paragraph is imposed on that corporation or individual.
If the provisions of the preceding paragraph apply to an association or foundation without juridical personality, the representative person or administrator thereof represents the association or foundation without juridical personality with regard to the procedural act, and the provisions of Acts concerning criminal procedures where a corporation is the defendant or a suspect apply mutatis mutandis.
人格のない社団又は財団について前項の規定の適用がある場合には、その代表者又は管理人がその訴訟行為につきその人格のない社団又は財団を代表するほか、法人を被告人又は被疑者とする場合の刑事訴訟に関する法律の規定を準用する。
Supplementary Provisions, Article 14
第十四条
Dispositions, procedures, or other acts carried out under the provisions of the Former Act or orders thereunder before this Act comes into effect, for which there are corresponding provisions in this Act, are deemed to have been carried out under the corresponding provisions of this Act, except as otherwise provided in these Supplementary Provisions.
この法律の施行前にした旧法又はこれに基づく命令の規定によってした処分、手続その他の行為であって、この法律の規定に相当の規定があるものは、この附則に別段の定めがあるものを除き、この法律の相当の規定によってしたものとみなす。
Supplementary Provisions, Article 15Transitional Measures Concerning Clearing Services for Interbank Funds Transfer
第十五条(資金清算業に係る経過措置)
A person who is actually conducting clearing services for interbank funds transfer at the time this Act comes into effect (excluding deposit-taking institutions and the Bank of Japan) may, notwithstanding the provisions of Article 64, paragraph (1), conduct clearing services for interbank funds transfer for six months from the Effective Date (or, if a disposition of refusal of the license under Article 64, paragraph (1) is made within that period, or if the person is ordered to discontinue the clearing services for interbank funds transfer pursuant to the provisions of Article 82, paragraph (2) as applied with replacement of terms under the provisions of the following paragraph, until the day of the disposition or the day on which the person was so ordered).
If a person is allowed to conduct clearing services for interbank funds transfer pursuant to the provisions of the preceding paragraph, the provisions of Article 67, paragraph (3), Article 74, Article 78, Article 80, Article 81 and Article 82, paragraph (2) (including the penal provisions pertaining to these provisions) apply to that person, deeming the person to be a clearing institution for interbank funds transfer. In this case, the phrase "revoke the license referred to in Article 64, paragraph (1) or the approval referred to in the proviso to Article 69, paragraph (1)" in that paragraph is deemed to be replaced with "order the discontinuance of the clearing services for interbank funds transfer", and any other necessary technical replacement of terms is specified by Cabinet Order.
With regard to the application of the provisions of this Act in the case where a person is ordered to discontinue clearing services for interbank funds transfer pursuant to the provisions of Article 82, paragraph (2) as applied with replacement of terms under the provisions of the preceding paragraph, the person so ordered is deemed to be a person whose license under Article 64, paragraph (1) has been revoked pursuant to the provisions of that paragraph, and the day on which the person was so ordered is deemed to be the day of revocation of the license under Article 64, paragraph (1) pursuant to the provisions of Article 82, paragraph (2).
Supplementary Provisions, Article 16Transitional Measures Concerning Certified Associations for Payment Service Providers
第十六条(認定資金決済事業者協会に係る経過措置)
With regard to a person that, at the time this Act comes into effect, is actually using in its name or trade name characters likely to be mistaken for a certified association for payment service providers or a member of a certified association for payment service providers, the provisions of Article 89, paragraphs (2) and (3) do not apply for six months after this Act comes into effect.
この法律の施行の際現にその名称又は商号中に、認定資金決済事業者協会又は認定資金決済事業者協会の会員であると誤認されるおそれのある文字を用いている者については、第八十九条第二項及び第三項の規定は、この法律の施行後六月間は、適用しない。
Supplementary Provisions, Article 34Transitional Measures Concerning the Application of Penal Provisions
第三十四条(罰則の適用に関する経過措置)
As to the applicability of penal provisions to acts which a person conducts before this Act comes into effect, and the applicability of penal provisions to acts which a person conducts after this Act comes into effect in cases where the provisions then in force continue to govern pursuant to the Supplementary Provisions of this Act, the provisions then in force continue to govern.
この法律の施行前にした行為及びこの法律の附則においてなお従前の例によることとされる場合におけるこの法律の施行後にした行為に対する罰則の適用については、なお従前の例による。
Supplementary Provisions, Article 35Delegation to Cabinet Order
第三十五条(政令への委任)
Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
この附則に規定するもののほか、この法律の施行に関し必要な経過措置(罰則に関する経過措置を含む。)は、政令で定める。
Supplementary Provisions, Article 36Review
第三十六条(検討)
If five years have passed since this Act came into effect, the Government is to review the systems relating to payment services, taking into account the status of enforcement of this Act, changes in socioeconomic conditions, etc., and, if it finds it necessary, is to take required measures based on the results.
政府は、この法律の施行後五年を経過した場合において、この法律の施行状況、社会経済情勢の変化等を勘案し、資金決済に関する制度について検討を加え、必要があると認めるときは、その結果に基づいて所要の措置を講ずるものとする。