Article 1This Act shall provide for special provisions of the Civil Code (Act No. 89 of 1896) and other matters concerning the perfection requirements for the assignment of movables and claims conducted by juridical persons.

Article 2(1)The term "matters to be registered" as used in this Act means the matters to be registered pursuant to the provisions of this Act.

(2)The term "registration of extension" as used in this Act means a registration made to extend the duration of a registration of assignment of movables prescribed in paragraph (2) of the following Article, a registration of assignment of claims prescribed in Article 4, paragraph (2) or a registration of creation of pledge prescribed in Article 14, paragraph (1).

(3)The term "registration of cancellation" as used in this Act means a registration made to cancel a registration of assignment of movables prescribed in paragraph (2) of the following Article, a registration of assignment of claims prescribed in Article 4, paragraph (2) or a registration of creation of pledge prescribed in Article 14, paragraph (1)

Article 3(1)Where a juridical person has assigned movables (excluding movables for which a land bill of lading, a warehouse certificate and pledge receipt, a warehouse receipt or an ocean bill of lading has been issued; the same shall apply hereinafter), when a registration of assignment is made in a movables assignment registration file with regard to the assignment of the movables, it shall be deemed that the movables have been delivered as set forth in Article 178 of the Civil Code.

(2)Where a registration prescribed in the preceding paragraph (hereinafter referred to as a "registration of assignment of movables") has been made with regard to the assignment of movables in the possession of an agent, and the person who is registered as the assignee has requested the agent to deliver the movables, if the agent has notified the principal, without delay, that the principal is required to make an objection, if he/she has any, to such request for delivery within a reasonable period of time, but the principal has made no objection within such period, the agent shall not be liable to compensate for any damage that may be caused to the principal due to the agent having delivered the movables to the person registered as the assignee.

(3)The provisions of the preceding two paragraphs shall apply mutatis mutandis to a registration of cancellation of a registration of assignment of movables made with regard to the assignment of the movables on the grounds listed in Article 10, paragraph (1), item (ii).In this case, the term "assignee" in the preceding paragraph shall be deemed to be replaced with "assignor."

Article 4(1)Where a juridical person has assigned a claim (limited to a nominative claim for payment of money; the same shall apply hereinafter), when a registration of assignment is made in a claim assignment registration file with regard to the assignment of the claim, it shall be deemed that notice has been given to all third parties other than the obligor of the claim by an instrument bearing a certified date under the provision of Article 467 of the Civil Code.In this case, the date of the registration shall be the certified date.

(2)Where a registration prescribed in the preceding paragraph (hereinafter referred to as a "registration of assignment of claims") has been made, if the assignor or the assignee has delivered a certificate of registered matters prescribed in Article 11, paragraph (2) to the obligor of the claim, thereby giving notice of the assignment of the claim and of the completion of a registration of assignment of claims with regard to such assignment, or the obligor has acknowledged the assignment and the completion of the registration, the preceding paragraph shall also apply to the obligor.

(3)In the case referred to in the preceding paragraph, the provision of Article 468, paragraph (2) of the Civil Code shall apply only when notice is given as prescribed in the preceding paragraph.In this case, the obligor of the claim may assert vis-a-vis the assignee, any grounds that could be a defense against the assignor that have arisen before the obligor receives notice as prescribed in said paragraph.

(4)The provisions of the preceding three paragraphs shall apply mutatis mutandis to a registration of cancellation of a registration of assignment of claims made with regard to the assignment of the claim on the grounds listed in Article 10, paragraph (1), item (ii).In this case, in the preceding paragraph, the term "assignor" shall be deemed to be replaced with "assignee," and the term "assignee" shall be deemed to be replaced with "assignor."

Article 5(1)Among the affairs concerning a registration of assignment of movables and a registration of assignment of claims, those prescribed in Article 7 to Article 11, and Article 12, paragraph (2) shall be administered by a Legal Affairs Bureau or District Legal Affairs Bureau or a branch bureau thereof or a branch office of any of those bureaus, which is designated by the Minister of Justice (hereinafter referred to as a "designated Legal Affairs Bureau, etc."), as a registry office.

(2)Among the affairs concerning a registration of assignment of movables and a registration of assignment of claims, those prescribed in Article 12, paragraph (1) and paragraph (3), and Article 13, paragraph (1) shall be administered by the Legal Affairs Bureau or District Legal Affairs Bureau or the branch bureau thereof or the branch office of any of those bureaus that has jurisdiction over the location of the head office or principal office of the assignor (if the assignor's head office or principal office is located in a foreign country, its business office located in Japan (in the case of a foreign company that is registered as a foreign company and has no business office in Japan, the address of its representative in Japan; the same shall apply in Article 7, paragraph (2), item (iii)) or its other office located in Japan) (hereinafter referred to as the "Legal Affairs Bureau, etc. with Jurisdiction over the Location of the Head Office, etc."), as a registry office.

(3)The designation under the provision of paragraph (1) shall be made by public notice.

Article 6Among the affairs concerning a registration of assignment of movables and a registration of assignment of claims to be administered at a registry office, those listed in the following items shall be handled by the official of the Ministry of Justice specified in the respective items and designated by the Director of the Legal Affairs Bureau or District Legal Affairs Bureau, as a registrar:

Article 7(1)A designated Legal Affairs Bureau, etc. shall keep movables assignment registration files, which are prepared by means of a magnetic disk (including an object that can record certain matters securely by equivalent means; the same shall apply in paragraph (1) of the following Article and Article 12, paragraph (1)).

(2)A registration of assignment of movables shall be made, upon an application of the assignor and the assignee, by recording the following matters in a movables assignment registration file:

(3)The duration set forth in item (vi) of the preceding paragraph may not exceed ten years; provided, however, that this shall not apply where there are special grounds for setting the duration exceeding ten years.

(4)Where the assignee of the assigned movables for which a registration of assignment of movables was made (hereinafter referred to as the "former registration" in this paragraph), has further assigned said movables, and a registration of assignment of movables has further been made with regard to said movables (hereinafter referred to as the "new registration" in this paragraph) prior to the expiration of the duration of the former registration, if the date of expiration of the duration of the new registration comes after the date of expiration of the duration of the former registration, the duration of the former registration with regard to said movables shall be deemed to have been extended until the date of expiration of the duration of the new registration.

(5)Where the assignee has further assigned the assigned movables, for which a registration of assignment of movables was made, and said movables have been delivered as set forth in Article 178 of the Civil Code (excluding cases where the movables shall be deemed, pursuant to the provision of Article 3, paragraph (1), to have been delivered as set forth in Article 178 of said Code) prior to the expiration of the duration of the registration of assignment of movables, the duration of the registration of assignment of movables with regard to said movables shall be deemed to be indefinite.

Article 8(1)A designated Legal Affairs Bureau, etc. shall keep claim assignment registration files, which are prepared by means of a magnetic disk.

(2)A registration of assignment of claims shall be made, upon an application of the assignor and the assignee, by recording the following matters in a claim assignment registration file:

(3)The duration set forth in item (v) of the preceding paragraph may not exceed the period of time specified in each of the following items according to the categories listed in the respective items; provided, however, that this shall not apply where there are special grounds for setting the duration exceeding said period:

(4)Where the assignee of the assigned claims, for which a registration of assignment of claims was made (hereinafter referred to as the "former registration" in this paragraph), has further assigned said claims, and a registration of assignment of claims has further been made with regard to said claims (hereinafter referred to as the "new registration" in this paragraph) prior to the expiration of the duration of the former registration, if the date of expiration of the duration of the new registration will come after the date of expiration of the duration of the former registration, the duration of the former registration with regard to said claims shall be deemed to have been extended until the date of expiration of the duration of the new registration.

(5)Where the assignee has further assigned the assigned claims, for which a registration of assignment of claims was made, and notice or acknowledgment has been given as set forth in Article 467 of the Civil Code (excluding cases where it shall be deemed, pursuant to Article 4, paragraph (1), that notice has been given under the provision of Article 467 of said Code) prior to the expiration of the duration of the registration of assignment of claims, the duration of the registration of assignment of claims with regard to said claim shall be deemed indefinite.

Article 9(1)The assignor and the assignee may file an application for a registration of extension pertaining to a registration of assignment of movables or registration of assignment of claims; provided, however, that this shall not apply if an extension of the duration of the registration of assignment of movables or registration of assignment of claims is in violation of the provisions of Article 7, paragraph (3) or of paragraph (3) of the preceding Article.

(2)A registration of extension under the provision of the preceding paragraph shall be made by recording the following matters in the records of the movables assignment registration file pertaining to the registration of assignment of movables or the claim assignment registration file pertaining to the registration of assignment of claims:

Article 10(1)When any of the following grounds exist, the assignor and the assignee may file an application for a registration of cancellation pertaining to a registration of assignment of movables or registration of assignment of claims:

(2)A registration of cancellation under the provision of the preceding paragraph shall be made by recording the following matters in the records of the movables assignment registration file pertaining to the registration of assignment of movables or the claim assignment registration file pertaining to the registration of assignment of claims:

(3)In the case of a registration of assignment of movables or registration of assignment of claims in which two or more movables or two or more claims are recorded, when making a registration of cancellation with regard to a part of such movables or the claims, the following matters shall also be recorded in addition to the matters listed in item (ii) to item (iv) of the preceding paragraph:

Article 11(1)Any person may make a request to a registrar of a designated Legal Affairs Bureau, etc. for the issuance of a document certifying the summary of the registered matters recorded in a movables assignment registration file or claim assignment registration file (meaning the matters recorded in a movables assignment registration file or a claim assignment registration file, except for those listed in Article 7, paragraph (2), item (v), Article 8, paragraph (2), item (iv), and paragraph (3), item (ii) of the preceding Article; the same shall apply in paragraph (2) and paragraph (3) of the following Article) (such document shall hereinafter be referred to as a "Certificate of Summary of Registered Matters" in Article 21, paragraph (1)).

(2)The following persons may make a request to a registrar of a designated Legal Affairs Bureau, etc. for the issuance of a document certifying the matters recorded in a movables assignment registration file or claim assignment registration file (referred to as a "Certificate of Registered Matters" in Article 21, paragraph (1)) with regard to the assignment of movables or the assignment of a claim:

Article 12(1)A Legal Affairs Bureau, etc. with Jurisdiction over the Location of the Head Office, etc. shall keep files of summary of registered matters of assignment of movables and files of summary of registered matters of assignment of claims, which are prepared by means of a magnetic disk.

(2)A registrar who has made a registration of assignment of movables or registration of assignment of claims or a registration of cancellation shall give notice to the Legal Affairs Bureau, etc. with Jurisdiction over the Location of the Head Office, etc., of the fact that said registration has been made and the information specified by Ordinance of the Ministry of Justice contained in the summary of the registered matters pertaining to said registration.

(3)A registrar of the Legal Affairs Bureau, etc. with Jurisdiction over the Location of the Head Office, etc. who has received the notice under the provision of the preceding paragraph shall, without delay, record the information specified by Ordinance of the Ministry of Justice contained in the summary of the registered matters, of which the notice has been given, in the assignor's file of summary of registered matters of assignment of movables or file of summary of registered matters of assignment of claims (collectively referred to as "registered matters summary file" in paragraph (1) of the following Article, and Article 18).

Article 13(1)Any person may make a request to a registrar of a Legal Affairs Bureau, etc. with Jurisdiction over the Head Office, etc. for the issuance of a document certifying the matters recorded in a registered matters summary file (referred to as a "Certificate of Matters Recorded in Summary" in Article 21, paragraph (1)).

(2)A request for issuance set forth in the preceding paragraph may be made, except in cases specified by Ordinance of the Ministry of Justice, to a registrar of a Legal Affairs Bureau or District Legal Affairs Bureau or a branch bureau thereof or a branch office of any of those bureaus, other than a Legal Affairs Bureau, etc. with Jurisdiction over the Head Office, etc.

Article 14(1)The provisions of Article 4 and Article 8, and such parts of the provisions of Article 5, Article 6, and Article 9 to the preceding Article that pertain to the assignment of a claim, shall apply, in case where a juridical person has created a pledge on a claims, to a registration of creation of pledge recorded in a claim assignment registration file with regard to the creation of said pledge (hereinafter referred to as a "Registration of Creation of Pledge").In this case: in the title of Article 4 and paragraph (1), paragraph (2) and paragraph (4) of said Article, and Article 10, paragraph (1), item (i) and item (ii), the phrase "assignment of (a/the) claim" shall be deemed to be replaced with "creation of (a/the) pledge"; in Article 4, paragraph (1), the phrase "registration of assignment" shall be deemed to be replaced with "Registration of Creation of Pledge"; in the provisions of Article 4, paragraph (1) to paragraph (3), the phrase "obligor of the claim" shall be deemed to be replaced with "obligor of the claim on which the pledge is created"; in Article 4, paragraph (1) and Article 8, paragraph (5), the term "Article 467 of the Civil Code" shall be deemed to be replaced with "Article 467 of the Civil Code, which shall govern pursuant to the provision of Article 364 of said Code"; in Article 4, paragraph (2) and paragraph (4), Article 5, paragraph (1) and paragraph (2), Article 6, the title of Article 8 and paragraph (4) and paragraph (5) of said Article, Article 9, paragraph (1), Article 10, paragraph (1) and paragraph (3), and Article 12, paragraph (2), the phrase "registration of assignment of claims" shall be deemed to be replaced with "Registration of Creation of Pledge"; in Article 4, paragraph (2), the phrase "such assignment" shall be deemed to be replaced with "such creation of pledge"; in Article 4, paragraph (2) to paragraph (4), Article 5, paragraph (2), Article 8, paragraph (2), Article 9, paragraph (1), Article 10, paragraph (1), Article 11, paragraph (2), item (i) and item (iv), and Article 12, paragraph (3), the term "assignor" shall be deemed to be replaced with "pledgor"; in Article 4, paragraph (2) to paragraph (4), Article 8, paragraph (2), paragraph (4) and paragraph (5), Article 9, paragraph (1), Article 10, paragraph (1), and Article 11, paragraph (2), item (i), the term "assignee" shall be deemed to be replaced with "pledgee"; the phrase "Article 7 to Article 11, and Article 12, paragraph (2)" in Article 5, paragraph (1), and the phrase "the following Article to Article 11, and Article 12, paragraph (2)" in Article 6, item (i) shall be deemed to be replaced with "the provisions of Article 8 to Article 11, and Article 12, paragraph (2), which are applied mutatis mutandis pursuant to Article 14"; in Article 5, paragraph (2) and Article 6, item (ii), the phrase "Article 12, paragraph (1) and paragraph (3), and Article 13, paragraph (1)" shall be deemed to be replaced with "Article 12, paragraph (1) and paragraph (3), and Article 13, paragraph (1), which are applied mutatis mutandis pursuant to Article 14, paragraph (1)"; in Article 8, paragraph (2), the phrase "registration of assignment of claims" shall be deemed to be replaced with "Registration of Creation of Pledge"; in Article 8, paragraph (2), item (ii) and item (v) and Article 9, paragraph (2), item (i), the phrase "registration regarding the registration of assignment of claims" shall be deemed to be replaced with "registration regarding the Registration of Creation of Pledge"; in Article 8, paragraph (2), item (ii), the phrase "the cause of registration regarding the registration of assignment of claims and the date thereof" shall be deemed to be replaced with "the cause of registration regarding the Registration of Creation of Pledge and the date thereof, and the amount or value of the claim secured"; in Article 8, paragraph (2), item (iii) and item (iv), Article 8, paragraph (3), item (i), paragraph (4) and paragraph (5), Article 10, paragraph (1), item (iii) and paragraph (3), and Article 11, paragraph (2), item (i), item (iii) and item (iv), the term "assigned claim" shall be deemed to be replaced with "claim on which the pledge is created"; in Article 8, paragraph (2), item (iii), the phrase "assigning a claim" shall be deemed to be replaced with "creating a pledge on a claim"; in Article 8, paragraph (4) and paragraph (5), the phrase "further assigned" shall be deemed to be replaced with "further created a pledge on"; in Article 8, paragraph (5), the phrase "Article 467 of the Civil Code" shall be deemed to be replaced with "Article 467 of the Civil Code, which shall govern pursuant to the provision of Article 364 of said Code"; in Article 9, paragraph (2) and Article 10, paragraph (2), the phrase "pertaining to the registration of assignment of claims" shall be deemed to be replaced with "pertaining to the Registration of Creation of Pledge"; in Article 10, paragraph (2), item (i), the phrase "registration of assignment of claims" shall be deemed to be replaced with "Registration of Creation of Pledge"; and in Article 11, paragraph (2), the phrase "assignment of a claim" shall be deemed to be replaced with "creation of a pledge."

(2)The provision of Article 8, paragraph (4) shall apply mutatis mutandis to the duration of a registration of assignment of claims in cases where the assignee has created a pledge on the assigned claim for which the registration of assignment of claims was made, and a Registration of Creation of Pledge has been made with regard to said pledge prior to the expiration of the duration of the registration of assignment of claims; the provision of Article 8, paragraph (5) shall apply mutatis mutandis to the duration of a registration of assignment of claims in cases where the assignee has created a pledge on the assigned claim for which the registration of assignment of claims was made, and notice or acknowledgment has been given as set forth in Article 467 of the Civil Code, which shall govern pursuant to the provision of Article 364 of said Code (excluding cases where it shall be deemed, pursuant to Article 4, paragraph (1), that notice has been given under the provision of Article 467 of said Code) prior to the expiration of the duration of the registration of assignment of claims.

Article 15(1)The provisions of Article 258, paragraph (1), item (ii), and paragraph (2) of the Bankruptcy Act (Act No. 75 of 2004) as applied directly or applied mutatis mutandis pursuant to paragraph (2) of said Article (including cases where these provisions are applied mutatis mutandis pursuant to paragraph (4) of said Article), and the provision of Article 10, paragraph (1) of the Act on Recognition and Assistance of Foreign Insolvency Proceedings (Act No. 129 of 2000) (including cases where applied mutatis mutandis pursuant to paragraph (2) of said Article) shall apply neither to assigned movables for which a registration of assignment of movables has been made, an assigned claim for which a registration of assignment of claims has been made, nor to a pledge for which a Registration of Creation of Pledge has been made.

(2)The provision of Article 164, paragraph (1) of the Civil Execution Act (Act No. 4 of 1979) shall not apply to a claim secured by a pledge prescribed in the preceding paragraph.

Article 16The provisions of Chapter II and Chapter III of the Administrative Procedure Act (Act No. 88 of 1993) shall not apply to a disposition made by a registrar.

Article 17The provisions of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999) shall apply neither to a movables assignment registration file, a claim assignment registration file, a file of summary of registered matters of assignment of movables nor to a file of summary of registered matters of assignment of claims.

Article 18The provisions of Chapter IV of the Act on the Protection of Personal Information Held by Administrative Organs (Act No. 58 of 2003) shall not apply to the retained personal information (meaning retained personal information prescribed in Article 2, paragraph (3) of said Act) that is recorded in a movables assignment registration file, a claim assignment registration file or registered matters summary file.

Article 19(1)A person who considers a disposition made by a registrar to be unreasonable may make a request for review to the Director of the Legal Affairs Bureau or District Legal Affairs Bureau who supervises said registrar.

(2)A request for review shall be made via the registrar.

(3)A registrar, when he/she finds a request for review to be well-grounded, shall make a reasonable disposition.

(4)A registrar, when he/she finds a request for review to be groundless, shall refer the case to the Director of the Legal Affairs Bureau or District Legal Affairs Bureau set forth in paragraph (1) within three days from the date of the request, with his/her opinions.

(5)The Director of the Legal Affairs Bureau or District Legal Affairs Bureau set forth in paragraph (1), when he/she finds a request for review to be well-grounded, shall order the registrar to make a reasonable disposition, and shall give notice to the person who made the request for the review and any other person who has an interest in the registration to that effect.

Article 20The provisions of Article 14, Article 17, Article 24, the proviso to Article 25, paragraph (1), Article 34, paragraph (2) to paragraph (7), Article 37, paragraph (6), Article 40, paragraph (3) to paragraph (6) and Article 43 of the Administrative Appeal Act (Act No. 160 of 1962) shall not apply to a request for review pertaining to a disposition made by a registrar.

Article 21(1)A person who makes a request for the issuance of a Certificate of Summary of Registered Matters, Certificate of Registered Matters or Certificate of Matters Recorded in Summary shall pay such amount of fees as specified by Cabinet Order in consideration of the price of commodities, the actual cost required for the issuance, etc. of a Certificate of Registered Matters, etc. and any other circumstances concerned.

(2)The payment of the fees set forth in the preceding paragraph shall be made with registration stamps; provided, however, that if a request set forth in the preceding paragraph is made by using, pursuant to the provision of Article 3, paragraph (1) of the Act on the Utilization of Information and Communications Technology in Administrative Procedure, etc. (Act No. 151 of 2002), electromagnetic means prescribed in Article 3, paragraph (1) of said Act, such payment may be made in cash as provided for by Ordinance of the Ministry of Justice.

Article 22In addition to what is provided for in this Act, the necessary matters concerning the registrations provided for in this Act shall be prescribed by Cabinet Order.