Article 15(1)When there is a fact constituting cause to commence the reorganization proceedings of a Cooperative Financial Institution (meaning a fact that falls under any of the following items), the Cooperative Financial Institution may file a petition to commence reorganization proceedings for the Cooperative Financial Institution:

(2)When a fact that falls under item (i) of the preceding paragraph exists with regard to a Cooperative Financial Institution, creditors that have claims equivalent to one-tenth or more of the total amount of the registered contribution of the Cooperative Financial Institution may also file a petition to commence reorganization proceedings for the Cooperative Financial Institution.

(3)When a fact that falls under paragraph (1), item (i) exists with regard to a Cooperative Financial Institution, according to the type of Cooperative Financial Institution referred to in each of the following items, the persons prescribed in the respective items may also file a petition to commence reorganization proceedings for the Cooperative Financial Institution:

Article 16The provisions of Article 18 of the Corporate Reorganization Act apply mutatis mutandis to the cases where, pursuant to the provisions of other Acts, the liquidator of a Cooperative Financial Institution must file a petition to commence bankruptcy proceedings for the Cooperative Financial Institution.

Article 17In order for a Cooperative Financial Institution in liquidation or against which bankruptcy proceedings have been commenced to file a petition to commence reorganization proceedings, there must be a resolution specified in Article 53 of the Small and Medium-Sized Enterprise Cooperatives Act, Article 48-3 of the Shinkin Bank Act (Act No. 238 of 1951) or Article 53 of the Labor Bank Act.

Article 18The provisions of Article 20 to Article 23 of the Corporate Reorganization Act apply mutatis mutandis to a petition to commence the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 17, paragraph (1)" in Article 20, paragraph (1) in that Act is deemed to be replaced with "Article 15, paragraph (1) of the Act on Special Measures"; the phrase "Article 17, paragraph (2)" in paragraph (2) of that Article is deemed to be replaced with "Article 15, paragraph (2) of the Act on Special Measures"; the phrase "creditors or shareholders" is deemed to be replaced with "creditors"; the phrase "the amount of claim or the number of voting rights (excluding the voting rights of the shares which may not be exercised for all particulars that may be resolved at a shareholders meeting, and including the voting rights of the shares that are deemed to have voting rights pursuant to the provisions of Article 879, paragraph (3) of the Companies Act)" is deemed to be replaced with "the amount of claim"; the phrase "Article 17" in Article 22, paragraph (1) of that Act is deemed to be replaced with "Article 15 of the Act on Special Measures"; the phrase "Article 17, paragraph (2)" in paragraph (2) of that Article is deemed to be replaced with "Article 15, paragraph (2) or (3) of the Act on Special Measures"; the phrase "representative (when the head office is in a foreign state, the representative in Japan)" is deemed to be replaced with "representative"; the phrase "paragraph (1) or (2) of the following Article" in Article 23 of that Act is deemed to be replaced with "paragraph (1) or (2) of the following Article as applied mutatis mutandis pursuant to Article 19 of the Act on Special Measures"; the phrase "Article 25, paragraph (2)" is deemed to be replaced with "Article 25, paragraph (2) as applied mutatis mutandis pursuant to Article 19 of the Act on Special Measures"; the phrase "Article 28, paragraph (1)" is deemed to be replaced with "Article 28, paragraph (1) as applied mutatis mutandis pursuant to Article 20 of the Act on Special Measures"; the phrase "Article 29, paragraph (3)" is deemed to be replaced with "Article 29, paragraph (3) as applied mutatis mutandis pursuant to Article 21 of the Act on Special Measures"; the phrase "Article 30, paragraph (2)" is deemed to be replaced with "Article 22, paragraph (2) of the Act on Special Measures"; the phrase "Article 35, paragraph (2)" is deemed to be replaced with "Article 25, paragraph (2) of the Act on Special Measures"; and the phrase "Article 39-2, paragraph (1)" is deemed to be replaced with "Article 29-2, paragraph (1) of the Act on Special Measures".

Article 31The provisions of Article 41, Article 42, Article 43 (excluding item (v) of paragraph (1)) and Article 44 of the Corporate Reorganization Act apply mutatis mutandis to an order commencing reorganization proceedings for a Cooperative Financial Institution.In this case, the phrase "Article 17" in Article 41, paragraph (1) of that Act is deemed to be replaced with "Article 15 of the Act on Special Measures"; the phrase ", rehabilitation proceedings or special liquidation proceedings" in item (ii) of that paragraph is deemed to be replaced with "or rehabilitation proceedings"; the phrase "Article 138 to Article 140 or Article 142" in Article 42, paragraph (2) of that Act is deemed to be replaced with "Article 138 or Article 139 as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures, Article 140, paragraph (1) or (2) as applied mutatis mutandis pursuant to Article 82 of the Act on Special Measures or Article 84 of the Act on Special Measures"; the phrase "must make a public notice; provided, however, that when there is no bond administrator, etc. prescribed in item (v), a public notice of the particulars referred to in that item is not required" in Article 43, paragraph (1) of that Act is deemed to be replaced with "must make a public notice"; the phrase "Article 39" in paragraph (3), item (iv) of that Article is deemed to be replaced with "Article 29 of the Act on Special Measures"; and the phrase "Section 2 of the preceding Chapter" in Article 44, paragraph (2) of that Act is deemed to be replaced with "Chapter II, Section 2, Subsection 2 of the Act on Special Measures".

Article 32(1)During the period after the commencement of reorganization proceedings until the close thereof, unless it is provided for in a reorganization plan, neither a reorganizing cooperative financial institution nor a Cooperative Financial Institution after entity conversion of a reorganizing cooperative financial institution as specified in a reorganization plan (hereinafter referred to as a "converted cooperative financial institution" in this Chapter) may perform any of the following acts, nor may an Ordinary Bank after entity conversion of a reorganizing cooperative financial institution as specified in a reorganization plan (hereinafter referred to as a "converted bank" in this Chapter) perform any of the acts set forth in the items of Article 45, paragraph (1) of the Corporate Reorganization Act:

(2)During the period after the commencement of reorganization proceedings until the close thereof, the articles of incorporation of a reorganizing cooperative financial institution, converted cooperative financial institution or a converted bank may not be amended unless as specified in a reorganization plan or unless the permission of the court is obtained.

Article 33(1)During the period after the commencement of reorganization proceedings until the closing thereof, unless it is provided for in a reorganization plan, all or part of the business of a reorganizing cooperative financial institution may not be transferred; provided, however, that this does not apply where all or part of the business of a reorganizing cooperative financial institution is transferred pursuant to the provisions of the following paragraph to paragraph (8).

(2)During the period after the commencement of reorganization proceedings until an order to refer a proposed reorganization plan to a resolution is made, a trustee, with permission of the court, may transfer all or part of the business of a reorganizing cooperative financial institution.In this case, the court may grant permission only when it finds the transfer necessary for the reorganization of the business of the reorganizing cooperative financial institution.

(3)The court, when granting the permission referred to in the preceding paragraph, must hear the opinions of the following:

(4)A trustee must, when transferring all or part of the business of a reorganizing cooperative financial institution pursuant to the provisions of paragraph (2), make a public notice or give a notice of the following to the Partners or Members (excluding individual members of a labor bank; hereinafter the same applies in this Article) in advance:

(5)The notice given to a Partner or Member under the provisions of the preceding paragraph may be addressed to the place prescribed in Article 50, paragraph (1) of the Small and Medium-Sized Enterprise Cooperatives Act, Article 48, paragraph (1) of the Shinkin Bank Act or the main clause of Article 50, paragraph (1) of the Labor Bank Act or the address notified by the Partner or Member to the trustee.

(6)The notice given to a Partner or Member under the provisions of paragraph (4) is deemed to have been delivered at the time when the notice should have normally arrived.

(7)In any of the cases referred to in the following items, the court may not grant the permission referred to in paragraph (2):

(8)In cases where the reorganizing cooperative financial institution, at the time of the permission referred to in paragraph (2), is unable to pay its debts in full with its assets, the provisions of paragraph (4) to the preceding paragraph do not apply.

(9)Any act conducted without the permission referred to in paragraph (2) is void; provided, however, that this may not be asserted against a third party without knowledge.

(10)In cases where all or part of the business of a reorganizing cooperative financial institution is to be transferred with the permission referred to in paragraph (2), the provisions of Article 57-3, paragraph (1) of the Small and Medium-Sized Enterprise Cooperatives Act, Article 58, paragraph (1) of the Shinkin Bank Act or Article 62, paragraph (1) of the Labor Bank Act and the provisions of Article 6, paragraph (1) of the Act on Financial Businesses by Cooperative (Act No. 183 of 1949), Article 89, paragraph (1) of the Shinkin Bank Act or Article 34 and Article 35 of the Banking Act as applied mutatis mutandis pursuant to Article 94, paragraph (1) of the Labor Bank Act do not apply.

(11)In the case prescribed in the preceding paragraph, notwithstanding the provisions of Article 57 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 57-3, paragraph (6) of that Act, Article 52-2 of the Shinkin Bank Act as applied mutatis mutandis pursuant to Article 58, paragraph (7) of that Act or Article 828, paragraph (1) (limited to the part in relation to item (v)) and, paragraph (2) (limited to the part in relation to item (v)) of the Companies Act as applied mutatis mutandis pursuant to Article 57-2 of the Labor Bank Act as applied mutatis mutandis pursuant to Article 62, paragraph (7) of that Act, the Partner or Member, board member, inspector, liquidator, bankruptcy trustee or creditor of a reorganizing cooperative financial institution may not file a lawsuit for nullification of the transfer of the entire business.

Article 34The provisions of Article 47 and Article 47-2 of the Corporate Reorganization Act apply mutatis mutandis to an unsecured or secured reorganization claim in the reorganization proceedings of a Cooperative Financial Institution. In this case, in paragraph (6), items (i) and (ii) of that Article, the phrase "Article 24, paragraph (2)" is deemed to be replaced with "Article 24, paragraph (2) as applied mutatis mutandis pursuant to Article 19 of the Act on Special Measures". In this case, the phrase "Article 24, paragraph (2)" in Article 47, paragraph (7), items (i) and (ii) of that Act is deemed to be replaced with "Article 24, paragraph (2) as applied mutatis mutandis pursuant to Article 19 of the Act on Special Measures"; and the phrase "assets of the reorganizing company" in Article 47-2 of that Act is deemed to be replaced with "assets of the reorganizing cooperative financial institution (meaning assets of the reorganizing cooperative financial institution as prescribed in Article 4, paragraph (14) of the Act on Special Measures)".

Article 35The provisions of Article 48 to Article 49-2 of the Corporate Reorganization Act apply mutatis mutandis to a set-off by an unsecured or secured reorganization creditor in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 138, paragraph (1)" in Article 48, paragraph (1) of that Act is deemed to be replaced with "Article 138, paragraph (1) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures"; and the phrase "commencement of rehabilitation proceedings or commencement of special liquidation" in Article 49, paragraph (1), item (iv) of that Act is deemed to be replaced with "or commencement of rehabilitation proceedings".

Article 36The provisions of Article 50 and Article 51 of the Corporate Reorganization Act apply mutatis mutandis to compulsory execution and other procedures in cases where an order commencing reorganization proceedings for a Cooperative Financial Institution is made.In this case, in Article 50, paragraph (1) of that Act, the phrase ", commencement of reorganization proceedings or commencement of special liquidation" is deemed to be replaced with "or commencement of reorganization proceedings"; the phrase "compulsory execution, etc., exercise of an enterprise mortgage" is deemed to be replaced with "compulsory execution, etc."; the phrase "will be stayed, and the special liquidation proceedings will cease to be effective" is deemed to be replaced with "will be stayed"; the phrase "Article 24, paragraph (1), item (ii)" in that paragraph and paragraph (5), item (i) of that Article is deemed to be replaced with "Article 24, paragraph (1), item (ii) as applied mutatis mutandis pursuant to Article 19 of the Act on Special Measures"; the phrase "procedure for compulsory execution, etc., procedure for the exercise of an enterprise mortgage" is deemed to be replaced with "procedure for compulsory execution, etc."; the phrase "Article 24, paragraph (2)" in paragraph (2), paragraph (5), item (ii) and paragraph (10) of that Article is deemed to be replaced with "Article 24, paragraph (2) as applied mutatis mutandis pursuant to Article 19 of the Act on Special Measures"; the phrase "Article 204, paragraph (2)" in paragraph (11) of that Article is deemed to be replaced with "Article 204, paragraph (2) as applied mutatis mutandis pursuant to Article 125, paragraph (3) of the Act on Special Measures"; and the phrase "the first sentence of Article 72, paragraph (4)" in Article 51, paragraph (2) of that Act is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 45 of the Act on Special Measures".

Article 37The provisions of Article 52 of the Corporate Reorganization Act apply mutatis mutandis to court proceedings relating to the assets of a reorganizing cooperative financial institution.In this case, the phrase "Article 234, item (iii) or (iv)" in paragraph (5) of that Article is deemed to be replaced with "Article 234, item (iii) or (iv) as applied mutatis mutandis pursuant to Article 150 of the Act on Special Measures"; and the phrase "Article 97, paragraph (1)" is deemed to be replaced with Article 97, paragraph (1) as applied mutatis mutandis pursuant to Article 60 of the Act on Special Measures".

Article 37-2(1)If an action filed by a reorganization creditor pursuant to the provisions of Article 423 or Article 424 of the Civil Code (Act No. 89 of 1896) or an action of avoidance or action of objection to an order upholding a request for avoidance filed under the provisions of the Bankruptcy Act or Civil Rehabilitation Act (Act No. 225 of 1999) is pending at the time of the commencement of reorganization proceedings, the respective court proceedings are discontinued.

(2)The provisions of Article 52-2, paragraphs (2) to (6) of the Corporate Reorganization Act apply mutatis mutandis to the cases where court proceedings are discontinued pursuant to the provisions of the preceding paragraph.

Article 38The provisions of Article 53 of the Corporate Reorganization Act apply mutatis mutandis to a case relating to the assets of a reorganizing cooperative financial institution that is pending before an administrative agency.

Article 39The provisions of Article 54 to Article 59 of the Corporate Reorganization Act apply mutatis mutandis to the effect of acts performed after the commencement of reorganization proceedings for a Cooperative Financial Institution.In this case, the phrase "assets of the reorganizing company" in Article 54, paragraph (1), Article 55, paragraph (1) and Article 57, paragraph (2) of that Act is deemed to be replaced with "assets of the reorganizing cooperative financial institution (meaning assets of the reorganizing cooperative financial institution as prescribed in Article 4, paragraph (14) of the Act on Special Measures)"; the phrase "or Registration or Provisional Registration with respect to the modification, or registration with respect to the establishment, transfer or modification of an enterprise mortgage" in Article 56, paragraph (2) of that Act is deemed to be replaced with "or Registration or Provisional Registration with respect to the modification"; and the phrase "Article 43, paragraph (1)" in Article 59 of that Act is deemed to be replaced with "Article 43, paragraph (1) as applied mutatis mutandis pursuant to Article 31 of the Act on Special Measures".

Article 40The provisions of Article 60 of the Corporate Reorganization Act apply mutatis mutandis to the cases where a reorganizing cooperative financial institution holds a property right jointly with another or other persons.

Article 41(1)The provisions of Article 61, paragraphs (1) to (4) and Article 62 of the Corporate Reorganization Act apply mutatis mutandis to an executory contract to which a reorganizing cooperative financial institution is a party.

(2)The provisions of Article 54 of the Bankruptcy Act apply mutatis mutandis to the cases where a contract is cancelled under the provisions of the Article 61 of the Corporate Reorganization Act as applied mutatis mutandis pursuant to the preceding paragraph.In this case, the phrase "bankruptcy creditor" in Article 54, paragraph (1) of the Bankruptcy Act is deemed to be replaced with "reorganization creditor (meaning a reorganization creditor as prescribed in Article 4, paragraph (9) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions (Act No. 95 of 1996))"; the phrase "the bankrupt" in paragraph (2) of that Article is deemed to be replaced with "reorganizing cooperative financial institution (meaning a reorganizing cooperative financial institution as prescribed in Article 4, paragraph (7) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "bankruptcy estate" is deemed to be replaced with "assets of the reorganizing cooperative financial institution (meaning assets of the reorganizing cooperative financial institution as prescribed in paragraph (14) of that Article)"; and the phrase "holder of claim on the estate" is deemed to be replaced with "common benefit creditor".

(3)The provisions of Article 56, Article 58 and Article 59 of the Bankruptcy Act apply mutatis mutandis to the cases where reorganization proceedings of a Cooperative Financial Institution are commenced.In this case, the phrase "Article 53, paragraphs (1) and (2)" in Article 56, paragraph (1) of that Act is deemed to be replaced with "Article 61, paragraphs (1) and (2) of the Corporate Reorganization Act (Act No. 154 of 2002) as applied mutatis mutandis pursuant to Article 41, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions"; the phrase "the bankrupt" is deemed to be replaced with "reorganizing cooperative financial institution (meaning reorganizing cooperative financial institution prescribed in Article 4, paragraph (7) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "claim on the estate" in paragraph (2) of that Article is deemed to be replaced with "common-benefit claim"; the phrase "commencement of bankruptcy proceedings" in Article 58, paragraph (1) of that Act is deemed to be replaced with "commencement of reorganization proceedings (meaning reorganization proceedings prescribed in Article 4, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "bankruptcy creditor" in Article 54, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 58, paragraph (3) is deemed to be replaced with "reorganization creditor (meaning reorganization creditor prescribed in Article 4, paragraph (9) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "bankruptcy proceedings" in Article 59, paragraph (1) of that Act is deemed to be replaced with "reorganization proceedings (meaning reorganization proceedings prescribed in Article 4, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; and the phrase "The claim under the provisions of the preceding paragraph belongs to the bankruptcy estate if it is held by the bankrupt or is a "bankruptcy claim" if it is held by the counter party" in paragraph (2) of that Article is deemed to be replaced with "The claim under the provisions of the preceding paragraph is a reorganization claim (meaning a reorganization claim as prescribed in Article 4, paragraph (8) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions) if it is held by the counter party".

Article 42(1)The provisions of Article 64, paragraph (1) of the Corporate Reorganization Act apply mutatis mutandis to a right to segregate assets that do not belong to the reorganizing cooperative financial institution, from the institution.

(2)The provisions of Article 63 and Article 64 of the Bankruptcy Act apply mutatis mutandis to the cases where reorganization proceedings of a Cooperative Financial Institution are commenced.In this case, the phrase "order of commencement of bankruptcy proceedings" in Article 63, paragraph (1) of that Act is deemed to be replaced with "order commencing reorganization proceedings (meaning reorganization proceedings prescribed in Article 4, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "bankruptcy trustee" in that paragraph and Article 64 of that Act is deemed to be replaced with "trustee"; the phrase "Article 53, paragraphs (1) and (2)" in Article 63, paragraph (2) of that Act is deemed to be replaced with "Article 61, paragraphs (1) and (2) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 41, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions"; the phrase "paragraph (1)" in paragraph (3) of that Article is deemed to be replaced with "the preceding two paragraphs"; the phrase "that paragraph" is deemed to be replaced with "paragraph (1)"; the phrase "the bankrupt" in Article 64, paragraph (1) of that Act is deemed to be replaced with "Cooperative Financial Institution (meaning Cooperative Financial Institution prescribed in Article 2, paragraph (2) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; and the phrase "commencement of bankruptcy proceedings" is deemed to be replaced with "commencement of reorganization proceedings (meaning reorganization proceedings prescribed in Article 4, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)".

Article 43The provisions of Article 66 of the Corporate Reorganization Act apply mutatis mutandis to any board member, inspector and liquidator of a reorganizing cooperative financial institution.In this case, the phrase "Article 361, paragraph (1) of the Companies Act" in paragraph (1) of that Article is deemed to be replaced with "Article 361, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 5-5 of the Act on Financial Businesses by Cooperative, Article 35-6 of the Shinkin Bank Act or Article 37-4 of the Labor Bank Act"; the phrase "the first sentence of Article 72, paragraph (4)" is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 45 of the Act on Special Measures"; and the phrase "Article 361, paragraphs (1) (including as applied mutatis mutandis pursuant to Article 482, paragraph (4) of that Act) and (3), Article 379, paragraphs (1) and (2), Article 387, paragraphs (1) and (2) and Article 404, paragraph (3) of the Companies Act" in paragraph (2) of that Article is deemed to be replaced with "the provisions of Article 361, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 5-5 or Article 6-2, paragraph (2) of the Act on Financial Businesses by Cooperative, Article 35-6 or Article 64 of the Shinkin Bank Act or Article 37-4 or Article 68 of the Labor Bank Act and Article 387, paragraphs (1) and (2) of the Companies Act as applied mutatis mutandis pursuant to Article 5-6 of the Act on Financial Businesses by Cooperative, Article 35-7 of the Shinkin Bank Act or Article 37-5 of the Labor Bank Act.

Article 57(1)The following acts (excluding acts concerning the provisions of security or extinguishment of debt) may be avoided in the interest of the assets of a reorganizing cooperative financial institution after the commencement of the reorganization proceedings:

(2)With respect to an act concerning the extinguishment of debt conducted by the reorganizing cooperative financial institution, if the value of the performance received by the creditor exceeds the amount of debt extinguished by the act, and the act satisfies any of the requirements set forth in the items of the preceding paragraph, that act may be avoided in the interest of the assets of the reorganizing cooperative financial institution after the commencement of the reorganization proceedings, only with regard to the part other than that equivalent to the amount of debt extinguished.

(3)Any gratuitous act, or any onerous act that should be deemed to be equal to that gratuitous act, conducted by the reorganizing cooperative financial institution after or within six months prior to Suspension of Payments, etc. may be avoided in the interest of the assets of the reorganizing cooperative financial institution after the commencement of the reorganization proceedings.

Article 57-2(1)If a reorganizing cooperative financial institution, after conducting the act of disposing of its assets, has received reasonable consideration from the other party to that act, the act may be denied in the interest of the assets of the reorganizing cooperative financial institution after the commencement of the reorganization proceedings, if it satisfies all of the following requirements:

(2)In applying the provisions of the preceding paragraph, if the other party to the act in question is a board member, inspector, accounting auditor (when the accounting auditor is a corporation, including any member that is supposed to carry out that corporation's duties) or liquidator of a reorganizing cooperative financial institution, the other party is presumed to have known, at the time of the act, that the reorganizing cooperative financial institution had the intention of concealing or carrying out other disposal referred to in item (ii) of that paragraph.

Article 57-3(1)The following acts (limited to acts concerning the provisions of security or extinguishment of debt conducted with regard to an existing debt) may be denied in the interest of the assets of the reorganizing cooperative financial institution after the commencement of the reorganization proceedings:

(2)For the purpose of application of the provisions of item (i) of the preceding paragraph, in the following cases, the creditor is presumed to have known, at the time of the act referred to in that item, either of the facts referred to in (a) or (b) below for the cases set forth in (a) or (b), respectively (in the case referred to in (a) of that item, both the facts that the reorganizing cooperative financial institution was unable to pay debts and that the reorganizing cooperative financial institution suspended payments):

(3)For the purpose of application of the provisions of the items of paragraph (1), after the suspension of payments took place (limited to suspension that took place within one year prior to the petition to commence reorganization proceedings or other such procedures), the reorganizing cooperative financial institution is presumed to have been unable to pay debts.

Article 58(1)The provisions of paragraph (1), item (i) of the preceding Article do not apply where a person that has received payment of a negotiable instrument from the reorganizing cooperative financial institution would lose their right on the negotiable instrument against one or more debtors on the negotiable instrument unless they receive the payment.

(2)In the case referred to in the preceding paragraph, if the final obligor for redemption or the person that had entrusted the drawing of the negotiable instrument knew or was negligent in not knowing, at the time of drawing, the fact that Suspension of Payments, etc. had taken place, a trustee may have these persons redeem the money paid by the reorganizing cooperative financial institution to them.

(3)The provisions of paragraph (1) of the preceding Article do not apply to any act concerning the provisions of security or extinguishment of debt, which is conducted by the reorganizing cooperative financial institution with regard to a right to impose taxes or other charges (excluding a claim for Foreign Tax Subject to Mutual Assistance prescribed in Article 11, paragraph (1) of the Act on Special Provisions, etc. of the Income Tax Act, the Corporation Tax Act and the Local Tax Act Incidental to Enforcement of Tax Treaties, etc. (Act No. 46 of 1969; hereinafter referred to as the "Act on Special Provisions for Enforcement of Tax Treaties, etc."); this tax is hereinafter referred to as a "Foreign Tax Subject to Mutual Assistance") or a claim to a fine, etc. arising prior to the commencement of reorganization proceedings prescribed in Article 84, item (ii) for the person that has the power to collect the tax, etc. or fine.

Article 59(1)Where an act necessary for duly asserting the establishment, transfer or modification of a right against a third party (including a provisional registration) was conducted after Suspension of Payments, etc. took place, the act may be denied if it was conducted after 15 days had elapsed since the date of establishment, transfer or modification of the right, while knowing that Suspension of Payments, etc. had taken place; provided, however, that this does not apply to a definitive registration based on prior unavoidable provisional registration.

(2)The provisions of the preceding paragraph apply mutatis mutandis to a registration based on which the acquisition of a right becomes effective.

Article 60The provisions of Article 89 to Article 98 of the Corporate Reorganization Act apply mutatis mutandis to the right of avoidance in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 86, paragraph (3)" in Article 90 and Article 91, paragraph (2) of that Act is deemed to be replaced with "Article 57, paragraph (3) of the Act on Special Measures"; the phrase "assets of the reorganizing company" in paragraph (1) of that Article and Article 91-2, paragraphs (1), (2) and (4) and Article 94, paragraph (3) of that Act is deemed to be replaced with "assets of the reorganizing cooperative financial institution (meaning assets of the reorganizing cooperative financial institution as prescribed in Article 4, paragraph (14) of the Act on Special Measures)"; the phrase "Article 86, paragraph (1) or (3) or Article 86-2, paragraph (1)" in Article 91-2, paragraphs (1) and (4) of that Act is deemed to be replaced with "Article 57, paragraph (1) or (3) or Article 57-2, paragraph (1) of the Act on Special Measures"; the phrase "any of the persons set forth in the items of Article 86-2, paragraph (2)" in paragraph (3) of that Article and Article 93, paragraph (1), item (ii) of that Act is deemed to be replaced with "board member, inspector, accounting auditor (when the accounting auditor is a corporation, including any member that is supposed to carry out that corporation's duties) or liquidator of the reorganizing cooperative financial institution"; the phrase "Article 86-3, paragraph (1)" in Article 92 of that Act is deemed to be replaced with "Article 57-3, paragraph (1) of the Act on Special Measures"; the phrase "Article 39-2, paragraph (1)" in Article 94, paragraph (1) in that Act is deemed to be replaced with "Article 29-2, paragraph (1) of the Act on Special Measures"; the phrase "Article 44, paragraph (2)" in that paragraph and paragraph (3) of that Article is deemed to be replaced with "Article 44, paragraph (2) as applied mutatis mutandis pursuant to Article 31 of the Act on Special Measures"; the phrase "Article 39-2, paragraph (2)" in that paragraph is deemed to be replaced with "Article 39-2, paragraph (2) as applied mutatis mutandis pursuant to Article 29-2, paragraph (2) of the Act on Special Measures"; the phrase "the main clause of Article 10, paragraph (3)" in Article 96, paragraph (4) of that Act is deemed to be replaced with "the main clause of Article 10, paragraph (3) as applied mutatis mutandis pursuant to Article 10 of the Act on Special Measures"; the phrase "Article 234, item (ii) or (v)" in Article 97, paragraph (6) of that Act is deemed to be replaced with "Article 234, item (ii) or (v) as applied mutatis mutandis pursuant to Article 150 of the Act on Special Measures"; and the phrase "Article 52, paragraph (4)" is deemed to be replaced with "Article 52, paragraph (4) as applied mutatis mutandis pursuant to Article 37 of the Act on Special Measures".

Article 61Deleted

Article 62The provisions of Article 99 of the Corporate Reorganization Act (excluding item (ii) of paragraph (1)) apply mutatis mutandis to a provisional remedy in cases where an order commencing reorganization proceedings of a Cooperative Financial Institution is made.In this case, the phrase "incorporator, Director at Incorporation, Auditor at Incorporation" in paragraph (1), item (i) of that Article is deemed to be replaced with "incorporator"; the phrase "officer, etc. (excluding its auditor at incorporation, accounting advisor, company auditor, accounting auditor and liquidator)" in item (ii) of that paragraph is deemed to be replaced with "board member"; the phrase "Article 52, paragraph (1), Article 52-2, paragraph (1) or (2), Article 103, paragraph (2), Article 213, paragraph (1), Article 213-3, paragraph (1), Article 286, paragraph (1) or Article 286-3, paragraph (1) of the Companies Act" in that item is deemed to be replaced with "Article 213-3, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 14, paragraph (2) of the Act on Preferred Equity Investment by Cooperative Financial Institution (Act No. 44 of 1993); and the phrase "the main clause of Article 10, paragraph (3)" in paragraph (5) of that Article is deemed to be replaced with "the main clause of Article 10, paragraph (3) as applied mutatis mutandis pursuant to Article 10 of the Act on Special Measures".

Article 63The provisions of Article 100 to Article 103 of the Corporate Reorganization Act apply mutatis mutandis to the assessment of right to claim prescribed in the items of Article 99, paragraph (1) of that Act as applied mutatis mutandis pursuant to the preceding Article.In this case, the phrase "the items of paragraph (1) of the preceding Article" in Article 100, paragraph (1) of that Act is deemed to be replaced with "the items of paragraph (1) of the preceding Article as applied mutatis mutandis pursuant to Article 62 of the Act on Special Measures"; and the phrase "the main clause of Article 10, paragraph (3)" in Article 101, paragraph (3) of that Act is deemed to be replaced with "the main clause of Article 10, paragraph (3) as applied mutatis mutandis pursuant to Article 10 of the Act on Special Measures".

Article 66The provisions of Article 114 to Article 116 of the Corporate Reorganization Act apply mutatis mutandis to a meeting of persons concerned in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 117, paragraph (2)" in Article 114, paragraph (1), item (ii) of that Act is deemed to be replaced with "Article 67, paragraph (1) of the Act on Special Measures"; the phrase "Article 117, paragraph (6)" in item (iii) of that paragraph is deemed to be replaced with "Article 67, paragraph (2) of the Act on Special Measures"; the phrase "shareholders' committee prescribed in Article 117, paragraph (7)" in item (iv) of that paragraph is deemed to be replaced with "committee of Partners or Members as prescribed in Article 67, paragraph (3) of the Act on Special Measures"; the phrase "holds one-tenth or more of the voting rights of all shareholders" in item (vi) of that paragraph is deemed to be replaced with "is specified in the items of Article 15, paragraph (3) of the Act on Special Measures of a reorganizing cooperative financial institution, according to the type"; the phrase "Article 42, paragraph (2)" in Article 115, paragraph (1) of that Act is deemed to be replaced with "Article 42, paragraph (2) as applied mutatis mutandis pursuant to Article 31 of the Act on Special Measures"; and the phrase "Article 46, paragraph (3), item (iii)" in paragraph (3) of that Article is deemed to be replaced with "Article 33, paragraph (3), item (iii) of the Act on Special Measures".

Article 67(1)The provisions of Article 117, paragraph (1) of the Corporate Reorganization Act apply mutatis mutandis to cases where there is a committee consisting of reorganization creditors in the reorganization proceedings of a Cooperative Financial Institution, and the provisions of paragraphs (2) to (5) of that Article apply mutatis mutandis to the cases where there is a committee approved pursuant to the provisions of paragraph (1) of that Article as applied mutatis mutandis pursuant to this paragraph (hereinafter referred to as a "reorganization creditors committee" in this Chapter).In this case, the phrase "the first sentence of Article 72, paragraph (4)" in paragraph (3) of that Article is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 45 of the Act on Special Measures"; and the phrase "assets of the reorganizing company" in paragraph (4) of that Article is deemed to be replaced with "assets of the reorganizing cooperative financial institution (meaning assets of the reorganizing cooperative financial institution as prescribed in Article 4, paragraph (14) of the Act on Special Measures)".

(2)The provisions of Article 117, paragraph (1) of the Corporate Reorganization Act apply mutatis mutandis to the cases where there is a committee consisting of secured reorganization creditors in the reorganization proceedings of a Cooperative Financial Institution, and the provisions of paragraphs (2) to (5) of that Article apply mutatis mutandis to the cases where there is a committee approved pursuant to the provisions of paragraph (1) of that Article as applied mutatis mutandis pursuant to this paragraph (hereinafter referred to as a "secured reorganization creditors committee" in this Chapter).In this case, the phrase "the first sentence of Article 72, paragraph (4)" in paragraph (3) of that Article is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 45 of the Act on Special Measures"; and the phrase "assets of the reorganizing company" in paragraph (4) of that Article is deemed to be replaced with "assets of the reorganizing cooperative financial institution (meaning assets of the reorganizing cooperative financial institution as prescribed in Article 4, paragraph (14) of the Act on Special Measures)".

(3)The provisions of Article 117, paragraph (1) of the Corporate Reorganization Act apply mutatis mutandis to the cases where there is a committee consisting of Partners or Members in the reorganization proceedings of a Cooperative Financial Institution, and the provisions of paragraphs (2) to (5) of that Article apply mutatis mutandis to the cases where there is a committee approved pursuant to the provisions of paragraph (1) of that Article as applied mutatis mutandis pursuant to this paragraph (hereinafter referred to as a "committee of Partners or Members" in this Chapter).In this case, the phrase "the first sentence of Article 72, paragraph (4)" in paragraph (3) of that Article is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 45 of the Act on Special Measures"; and the phrase "assets of the reorganizing company" in paragraph (4) of that Article is deemed to be replaced with "assets of the reorganizing cooperative financial institution (meaning assets of the reorganizing cooperative financial institution as prescribed in Article 4, paragraph (14) of the Act on Special Measures)".

Article 68The provisions of Article 118 to Article 120 of the Corporate Reorganization Act apply mutatis mutandis to the cases where there is a reorganization creditors committee in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "the first sentence of Article 72, paragraph (4)" in Article 118, paragraph (1) of that Act is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 45 of the Act on Special Measures"; the phrase "Article 83, paragraph (3) or (4) or Article 84" in Article 119, paragraph (1) of that Act is deemed to be replaced with "Article 83, paragraph (3) or (4) or Article 84 as applied mutatis mutandis pursuant to Article 55 of the Act on Special Measures"; the phrase "Article 12, paragraph (1)" in paragraph (2) of that Article is deemed to be replaced with "Article 12, paragraph (1) as applied mutatis mutandis pursuant to Article 11 of the Act on Special Measures"; the phrase "Article 84, paragraph (2)" in Article 120 of that Act is deemed to be replaced with "Article 84, paragraph (2) as applied mutatis mutandis pursuant to Article 55 of the Act on Special Measures for the Reorganization of Financial Institution".

Article 69The provisions of Article 118 to Article 120 of the Corporate Reorganization Act apply mutatis mutandis to the cases where there is a secured reorganization creditors committee or a committee of Partners or Members in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "the first sentence of Article 72, paragraph (4)" in Article 118, paragraph (1) of that Act is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 45 of the Act on Special Measures"; the phrase "Article 83, paragraph (3) or (4) or Article 84" in Article 119, paragraph (1) of that Act is deemed to be replaced with "Article 83, paragraph (3) or (4) or Article 84 as applied mutatis mutandis pursuant to Article 55 of the Act on Special Measures"; the phrase "Article 12, paragraph (1)" in paragraph (2) of that Article is deemed to be replaced with "Article 12, paragraph (1) as applied mutatis mutandis pursuant to Article 11 of the Act on Special Measures"; and the phrase "Article 84, paragraph (2)" in Article 120 of that Act is deemed to be replaced with "Article 84, paragraph (2) as applied mutatis mutandis pursuant to Article 55 of the Act on Special Measures".

Article 70The provisions of Article 122 and Article 123 of the Corporate Reorganization Act apply mutatis mutandis to the appointment of a reorganization creditors' representative in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "assets of the reorganizing company" in paragraph (5) of that Article is deemed to be replaced with "assets of the reorganizing cooperative financial institution (meaning assets of the reorganizing cooperative financial institution as prescribed in Article 4, paragraph (14) of the Act on Special Measures)".

Article 71The provisions of Article 124 of the Corporate Reorganization Act apply mutatis mutandis to the reimbursement of expenses and payment of compensation in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "property of the reorganizing company" in paragraph (1) of that Article is deemed to be replaced with "assets of the reorganizing cooperative financial institution (meaning assets of the reorganizing cooperative financial institution as prescribed in Article 4, paragraph (14) of the Act on Special Measures)".

Article 72(1)After the commencement of reorganization proceedings, the court, when it finds it necessary, upon the petition of an interested person or by its own authority, may make a disposition to order an examination or a statement of opinion by an examiner regarding any or all of the following particulars:

(2)The court, when making the disposition referred to in the preceding paragraph (hereinafter referred to as an "examination order" in this Chapter), in the examination order, must appoint one or more examiners and specify the particulars that should be subject to an examination or a statement of opinion by the examiner(s) and the period during which they should make the report or statement to the court.

(3)The provisions of Article 125, paragraphs (3) to (6) of the Corporate Reorganization Act apply mutatis mutandis to an examination order in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "the main clause of Article 10, paragraph (3)" in that paragraph is deemed to be replaced with "the main clause of Article 10, paragraph (3) as applied mutatis mutandis pursuant to Article 10 of the Act on Special Measures".

Article 73The provisions of Article 53, paragraphs (1) to (4) and the provisions of Article 67, paragraph (2), Article 68, the main clause of Article 69, paragraph (1), Article 77 and Article 80 of the Corporate Reorganization Act apply mutatis mutandis to an examiner in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 2, item (iii) of the Companies Act" in Article 77, paragraph (2) of that Act is deemed to be replaced with "Article 4, paragraph (1) of the Act on Financial Businesses by Cooperative, Article 32, paragraph (6) of the Shinkin Bank Act or Article 32, paragraph (5) of the Labor Bank Act".

Article 74The following claims are common-benefit claims:

Article 75(1)A right to claim arising from the borrowing of funds or any other act conducted by a provisional administrator as empowered with respect to the business and assets of the cooperative financial institution awaiting reorganization proceedings is a common-benefit claim.

(2)Where a cooperative financial institution awaiting reorganization proceedings (excluding one for which a provisional administrator is appointed; hereinafter the same applies in this paragraph and paragraph (4)), after a petition to commence reorganization proceedings is filed and before reorganization proceedings is commenced, borrows funds or conducts any other act indispensable for the continuation of business of the cooperative financial institution awaiting reorganization proceedings, the court may grant permission to the effect that the other party's right to claim arising from the act is a common-benefit claim.

(3)The court may empower a supervisor to give approval in lieu of the permission referred to in the preceding paragraph.

(4)If a cooperative financial institution awaiting reorganization proceedings has conducted any of the acts prescribed in paragraph (2) with the permission referred to in paragraph (2) or approval referred to in the preceding paragraph, the other party's right to claim arising from the act is a common-benefit claim.

Article 76A right to claim income tax, consumption tax, liquor tax, tobacco tax, gasoline tax, local gasoline tax, liquefied petroleum gas tax, petroleum and coal tax and local consumption tax withheld at the source, prefectural tobacco tax (including tobacco tax imposed by the Tokyo metropolitan government) and municipal tobacco tax (including tobacco tax imposed in special wards) collected by means of self-assessment and payment, and local tax that should be collected and paid by a person under the obligation of special collection, arising from a cause that has occurred prior to the commencement of reorganization proceedings against a reorganizing cooperative financial institution, for which, by the time of the commencement of reorganization proceedings, the due date of payment has not yet arrived, is a common-benefit claim.

Article 77(1)Where an order commencing reorganization proceedings of a Cooperative Financial Institution is made, a claim for the salaries for employees of the Cooperative Financial Institution for six months preceding the commencement of reorganization proceedings and a claim for a the refund of the fidelity guarantee deposit of employees of the Cooperative Financial Institution arising due to an occurrence prior to the commencement of reorganization proceedings are a common-benefit claim.

(2)In the case prescribed in the preceding paragraph, a claim to the severance pay of an employee of the Cooperative Financial Institution that has retired prior to the order confirming the reorganization plan is a common-benefit claim for an amount equivalent to the total amount of the employee's salary for the six months preceding retirement or for an amount equivalent to one-third of the amount of the severance pay, whichever is larger.

(3)Notwithstanding the provisions of the preceding paragraph, the right to claim severance pay referred to in that paragraph which is a claim for periodic payments is a common-benefit claim for an amount equivalent to one-third of the amount of the periodic payments in each period.

(4)The provisions of the preceding two paragraphs do not apply to the right to claim severance pay deemed as a common-benefit claim pursuant to the provisions of Article 74.

(5)In the case prescribed in paragraph (1), a claim to the return of a deposit of an employee of the Cooperative Financial Institution which arises due to an occurrence prior to the commencement of reorganization proceedings is a common-benefit claim for an amount equivalent to the total amount of the employee's salary for six months preceding the commencement of reorganization proceedings or for an amount equivalent to one-third of the amount of the deposit, whichever is larger.

Article 78The provisions of Article 132 and Article 133 of the Corporate Reorganization Act apply mutatis mutandis to the Handling of a common-benefit claim in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "the first sentence of Article 72, paragraph (4)" in Article 132, paragraph (3) of that Act is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 45 of the Act on Special Measures"; and the phrase "assets of the reorganizing company" in Article 133, paragraph (1) of that Act is deemed to be replaced with "assets of the reorganizing cooperative financial institution (meaning assets of the reorganizing cooperative financial institution as prescribed in Article 4, paragraph (14) of the Act on Special Measures)".

Article 79(1)A right to claim assets due to an occurrence after the commencement of reorganization proceedings (excluding one that is a common-benefit claim or reorganization claim, etc.) is a post-commencement claim.

(2)The provisions of Article 134, paragraphs (2) and (3) of the Corporate Reorganization Act apply mutatis mutandis to a post-commencement claim in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase ", exercise of security interest and exercise of an enterprise mortgage" in that paragraph is deemed to be replaced with "and exercise of security interest".

Article 80(1)The provisions of Article 135, paragraph (1), Article 136 and Article 137 of the Corporate Reorganization Act apply mutatis mutandis to, in the reorganization proceedings of a Cooperative Financial Institution, the participation of an unsecured or secured reorganization creditor in reorganization proceedings.In this case, the phrase "Article 142, item (ii)" in Article 136, paragraph (2), item (v) of that Act is deemed to be replaced with "Article 84, item (ii) of the Act on Special Measures".

(2)The provisions of Article 104 and Article 105 of the Bankruptcy Act apply mutatis mutandis to the exercise of rights by an unsecured or secured reorganization creditor once the reorganization proceedings of a Cooperative Financial Institution has commenced.In this case, the phrase "commencement of bankruptcy proceedings" in Article 104 and Article 105 of that Act is deemed to be replaced with "commencement of reorganization proceedings (meaning reorganization proceedings prescribed in Article 4, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "in bankruptcy proceedings " in Article 104, paragraphs (1), (3) and (4) and Article 105 of that Act is deemed to be replaced with "in reorganization proceedings (meaning reorganization proceedings prescribed in Article 4, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "the bankrupt" in the provisions of Article 104, paragraphs (3) to (5) of that Act is deemed to be replaced with "reorganizing cooperative financial institution (meaning reorganizing cooperative financial institution prescribed in Article 4, paragraph (7) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; and the phrase "bankruptcy creditor" in paragraph (4) of that Article is deemed to be replaced with "unsecured or secured reorganization creditor (meaning unsecured or secured reorganization creditor prescribed in Article 4, paragraph (13) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)".

(3)Notwithstanding the provisions of Article 135, paragraph (1) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to paragraph (1), in order to participate in reorganization proceedings by reason of a claim for a Foreign Tax Subject to Mutual Assistance, a Decision of Implementation of Mutual Assistance (meaning the Decision of Implementation of Mutual Assistance prescribed in Article 11, paragraph (1) of the Act on Special Provisions for Enforcement of Tax Treaties, etc.; the same applies in Article 247, paragraph (3)) is required.

Article 81The provisions of Article 138 and Article 139 of the Corporate Reorganization Act apply mutatis mutandis to the filing of a proof of an unsecured or secured reorganization claim in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 42, paragraph (1)" in Article 138, paragraph (1) of that Act is deemed to be replaced with "Article 42, paragraph (1) as applied mutatis mutandis pursuant to Article 31 of the Act on Special Measures".

Article 82The provisions of Article 140, paragraphs (1) and (2) of the Corporate Reorganization Act apply mutatis mutandis to the right to claim the severance pay of any board member, inspector, Representative Board Member, liquidator, representative liquidator or employee of a reorganizing cooperative financial institution.In this case, the phrase "Article 138, paragraph (1)" in that paragraph is deemed to be replaced with "Article 138, paragraph (1) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures".

Article 83The provisions of Article 141 of the Corporate Reorganization Act apply mutatis mutandis to a person that has acquired a filed reorganization claim, etc. in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 138, paragraph (1)" in that Article is deemed to be replaced with "Article 138, paragraph (1) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures".

Article 84A person that holds any of the following rights to claim must file a proof to the court, without delay, with regard to the amount and cause of that right to claim, the content of any security interest, and if the right to claim in question is a claim for a Foreign Tax Subject to Mutual Assistance, a statement to that effect:

Article 85Deleted

Article 92(1)In the reorganization plan, provisions must be established with respect to the following particulars:

(2)Beyond what is provided for in the first sentence of Article 72, paragraph (4) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 45, the reorganization plan may specify clauses on any of the acts set forth in the items of Article 32, paragraph (1), amendment of the articles of incorporation, acts prescribed in Article 57-3, paragraph (1) or (2) of the Small and Medium-Sized Enterprise Cooperatives Act, Article 58, paragraph (1) or (2) of the Shinkin Bank Act or Article 62, paragraph (1) or (2) of the Labor Bank Act, the establishment of a Cooperative Financial Institution or Stock Company and any other particulars required for reorganization.

Article 93(1)The content of a reorganization plan for persons that have the following types of rights is equal among persons that have the same type of rights; provided, however, that this does not apply where any person that will suffer detriment has given consent or where equity will not be undermined even if the plan otherwise provides for a small reorganization claim, etc. or any of the rights to claim set forth in Article 136, paragraph (2), items (i) to (iii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 80, paragraph (1) or any other difference in Handling of persons that have the same type of rights:

(2)Where a priority exists with regard to the amount of a reorganization claim referred to in item (ii) of the preceding paragraph arising for a specific period of time, that period is calculated from the time of the commencement of reorganization proceedings.

(3)The provisions of Article 168, paragraphs (3) to (7) and Article 169 to Article 172 of the Corporate Reorganization Act apply mutatis mutandis to a reorganization plan in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "the items of paragraph (1)" in Article 168, paragraph (3) of that Act is deemed to be replaced with "the items of Article 93, paragraph (1) of the Act on Special Measures"; the phrase "Article 142, item (ii)" in paragraphs (4) and (7) of that Article is deemed to be replaced with "Article 84, item (ii) of the Act on Special Measures"; and the phrase "the main clause of Article 151, paragraph (1)" in Article 172 of that Act is deemed to be replaced with "the main clause of Article 151, paragraph (1) as applied mutatis mutandis pursuant to Article 88 of the Act on Special Measures".

Article 94(1)The particulars referred to in the following items are specified in the respective clauses referred to therein:

(2)Where a reorganizing cooperative financial institution becomes a Cooperative Financial Institution to be liquidated pursuant to the provisions of Article 475 of the Companies Act as applied mutatis mutandis pursuant to Article 69 of the Small and Medium-Sized Enterprise Cooperatives Act, Article 63 of the Shinkin Bank Act or Article 67 of the Labor Bank Act at the time of the order confirming the reorganization plan, the particulars referred to in the following items are specified in the respective clauses referred to therein:

(3)The term of office referred to in items (i) and (ii) of paragraph (1) and item (ii) of the preceding paragraph may not exceed one year.

Article 95In the clauses on the following acts, particulars that require a resolution of a general meeting if those acts are to be performed in cases where reorganization proceedings are not conducted must specified:

Article 96The following particulars must be specified in the clauses on the receipt of contributions:

Article 97The following particulars must be specified in the clauses on the receipt of contributions in exchange for the extinguishment of the whole or part of the right of an unsecured or secured reorganization creditor (limited to a person qualified as a Partner or Member; hereinafter the same applies in item (ii) and Article 134) or Partner or Member:

Article 98(1)The following particulars must be specified in the clauses on Absorption-Type Merger (limited to Absorption-Type Merger (meaning Absorption-Type Merger prescribed in Article 63-2 of the Small and Medium-Sized Enterprise Cooperatives Act, Article 60 of the Shinkin Bank Act, Article 62-3 of the Labor Bank Act or Article 2, paragraph (4) of the Merger and Conversion Act; hereinafter the same applies in this Chapter) where the reorganizing cooperative financial institution disappears and the Financial Institution surviving the Absorption-Type Merger (hereinafter referred to as a "Financial Institution Surviving an Absorption-Type Merger" in this Chapter) is a Cooperative Financial Institution; hereinafter the same applies in this paragraph):

(2)The following particulars must be specified in the clauses on Absorption-Type Merger (limited to Absorption-Type Merger where the reorganizing cooperative financial institution disappears and the Financial Institution Surviving an Absorption-Type Merger is a Bank; hereinafter the same applies in this paragraph):

(3)Particulars that should be specified in the Absorption-Type Merger Agreement must be specified in the clauses on Absorption-Type Merger (limited to Absorption-Type Merger where a reorganizing cooperative financial institution becomes a Financial Institution Surviving an Absorption-Type Merger).

Article 99(1)The following particulars must be specified in the clauses on Consolidation-Type Merger (limited to Consolidation-Type Merger (meaning Consolidation-Type Merger prescribed in Article 63-3 of the Small and Medium-Sized Enterprise Cooperatives Act, Article 61 of the Shinkin Bank Act, Article 62-4 of the Labor Bank Act or Article 2, paragraph (5) of the Merger and Conversion Act; hereinafter the same applies in this Chapter) where a reorganizing cooperative financial institution disappears and the Financial Institution established by the Consolidation-Type Merger (hereinafter referred to as a "Financial Institution Established by Consolidation-Type Merger" in this Chapter) is a Cooperative Financial Institution; hereinafter the same applies in this paragraph):

(2)The following particulars must be specified in the clauses on Consolidation-Type Merger (limited to Consolidation-Type Merger where the reorganizing cooperative financial institution disappears and the Financial Institution Established by Consolidation-Type Merger is a Bank; hereinafter the same applies in this paragraph):

Article 100The provisions of Article 178 of the Corporate Reorganization Act apply mutatis mutandis to the clauses on the dissolution of Cooperative Financial Institutions in need of reorganization.

Article 101(1)The following particulars must be specified in the clauses on conversion (limited to conversion in which a reorganizing cooperative financial institution becomes another type of Cooperative Financial Institution; hereinafter the same applies in this paragraph):

(2)The provisions of Article 96 apply mutatis mutandis to the clauses on the receipt of contributions of converted cooperative financial institutions.

(3)The term of office referred to in paragraph (1), item (ii), (a) and (b) may not exceed one year.

Article 102(1)The following particulars must be specified in the clauses on conversion (limited to conversion in which a reorganizing cooperative financial institution becomes an Ordinary Bank; hereinafter the same applies in this paragraph):

(2)The provisions of Article 175 to Article 177 of the Corporate Reorganization Act apply mutatis mutandis to clauses on the solicitation of subscribers for Shares for Subscription (meaning Shares for Subscription prescribed in Article 199, paragraph (1) of the Companies Act; hereinafter the same applies in this Chapter), Share Options for Subscription (meaning Share Options for Subscription prescribed in Article 238, paragraph (1) of the Companies Act, and in cases where the Share Options for Subscription are attached to bonds with share options, including the bonds with share options; hereinafter the same applies in this Chapter) or Bonds for subscription (meaning Bonds for subscription prescribed in Article 676 of the Companies Act, excluding bonds with share options; hereinafter the same applies in this Chapter) of a converted bank referred to in the preceding paragraph.In this case, the phrase "Article 205, paragraph (1)" in Article 175, item (ii), Article 176, item (ii) and Article 177, item (iii) of the Corporate Reorganization Act is deemed to be replaced with "Article 205, paragraph (1) as applied mutatis mutandis pursuant to Article 126 of the Act on Special Measures".

Article 103(1)The following particulars must be specified in the clauses on the establishment of a Cooperative Financial Institution; provided, however, that this does not apply to cases where a Cooperative Financial Institution is to be established by a Consolidation-Type Merger:

(2)The term of office referred to in item (vii) of the preceding paragraph may not exceed one year.

Article 104The provisions of Article 183 of the Corporate Reorganization Act apply mutatis mutandis to clauses on the incorporation of a Stock Company in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Consolidation-Type Merger, Incorporation-type Company Split or share transfer" in that Article is deemed to be replaced with "Consolidation-Type Merger (meaning Consolidation-Type Merger prescribed in Article 63-3 of the Small and Medium-Sized Enterprise Cooperatives Act, Article 61 of the Shinkin Bank Act, Article 62-4 of the Labor Bank Act or Article 2, paragraph (5) of the Merger and Conversion Act)"; the phrase "Article 205, paragraph (1)" in paragraph (iv) of that Article is deemed to be replaced with "Article 205, paragraph (1) as applied mutatis mutandis pursuant to Article 126 of the Act on Special Measures"; the phrase "shareholder" in that item to item (vi) of that Article and item (xiii) of that Article is deemed to be replaced with "Partner or Member (meaning Partner or Member prescribed in Article 2, paragraph (10) of the Act on Special Measures)"; and the phrase "reorganizing company" in item (vii) of that Article is deemed to be replaced with "reorganizing cooperative financial institution (meaning reorganizing cooperative financial institution prescribed in Article 4, paragraph (7) of the Act on Special Measures)".

Article 105Deleted

Article 106Deleted

Article 107Deleted

Article 108The provisions of Article 184 of the Corporate Reorganization Act apply mutatis mutandis to the preparation and submission of a proposed reorganization plan in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 138, paragraph (1)" in paragraph (1) of that Article is deemed to be replaced with "Article 138, paragraph (1) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures".

Article 109(1)When it has become obvious that it is difficult to prepare a proposed reorganization plan specifying the continuation of the business of a reorganizing cooperative financial institution by the reorganizing cooperative financial institution (including the case of entity conversion), the continuation of that business by another person by the transfer of business, a merger or establishment of a Cooperative Financial Institution or Stock Company after the commencement of reorganization proceedings, the court may permit the preparation of a proposed reorganization plan specifying the discontinuation of the entire business of the reorganizing cooperative financial institution upon petition by a person prescribed in Article 184, paragraph (1) or (2) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to the preceding Article; provided, however, that this does not apply when it is prejudicial to the common interests of creditors.

(2)The provisions of Article 185, paragraph (2) of the Corporate Reorganization Act apply mutatis mutandis to the permission referred to in the main clause of the preceding paragraph.

Article 110The provisions of Article 186 of the Corporate Reorganization Act apply mutatis mutandis to the revision of a proposed reorganization plan in the reorganization proceedings of a Cooperative Financial Institution.

Article 111The provisions of Article 187 of the Corporate Reorganization Act apply mutatis mutandis to a proposed reorganization plan specifying particulars requiring the administrative agency's permission, confirmation, license or any other disposition in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "the preceding Article" in that Article is deemed to be replaced with "the preceding Article as applied mutatis mutandis pursuant to Article 110 of the Act on Special Measures".

Article 112The court must hear opinions of the labor union, etc. prescribed in Article 33, paragraph (3), item (iii) with regard to a proposed reorganization plan. The same applies to a proposed reorganization plan as revised under the provisions of Article 186 of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 110.

Article 113The provisions of Article 189 of the Corporate Reorganization Act apply mutatis mutandis to the cases where a proposed reorganization plan has been submitted in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 146, paragraph (3)" in paragraph (1), item (i) of that Article is deemed to be replaced with "Article 146, paragraph (3) as applied mutatis mutandis pursuant to Article 87 of the Act on Special Measures"; the phrase "Article 84, paragraph (1)" in item (ii) of that paragraph is deemed to be replaced with "Article 84, paragraph (1) as applied mutatis mutandis pursuant to Article 55 of the Act on Special Measures"; the phrase "Article 85, paragraph (1)" is deemed to be replaced with "Article 85, paragraph (1) as applied mutatis mutandis pursuant to Article 56 of the Act on Special Measures"; the phrase "the items of Article 199, paragraph (2)" in item (iii) of that paragraph is deemed to be replaced with "the items of Article 199, paragraph (2) as applied mutatis mutandis pursuant to Article 120, paragraph (2) of the Act on Special Measures"; the phrase "Article 236, item (ii)" in item (iv) of that paragraph is deemed to be replaced with "Article 236, item (ii) as applied mutatis mutandis pursuant to Article 152, paragraph (1) of the Act on Special Measures"; the phrase "Article 193, paragraph (2)" in paragraph (2) of that Article is deemed to be replaced with "Article 193, paragraph (2) as applied mutatis mutandis pursuant to Article 116 of the Act on Special Measures"; the phrase "the main clause of Article 115, paragraph (1)" in paragraph (3) of that Article is deemed to be replaced with "the main clause of Article 115, paragraph (1) as applied mutatis mutandis pursuant to Article 66 of the Act on Special Measures"; and the phrase "the items of Article 114, paragraph (1)" in paragraph (5) of that Article is deemed to be replaced with "the items of Article 114, paragraph (1) as applied mutatis mutandis pursuant to Article 66 of the Act on Special Measures".

Article 114(1)Where the court designates either of the means referred to in Article 189, paragraph (2), item (i) or (iii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to the preceding Article as the means for exercising a voting right, the trustee, unsecured or secured reorganization creditor that filed a proof or Partner or Member may make an objection to the voting right of holders of filed an unsecured or secured reorganization claim or Partner or Member on the date of a meeting of persons concerned; provided, however, that this does not apply to a voting right held by a holders of filed an unsecured or secured reorganization claim of which the amount is determined pursuant to the provisions of Article 150, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 87.

(2)In the case prescribed in the main clause of the preceding paragraph, voting right holders may exercise their voting rights in accordance with the amount or number specified in each of the following items for the categories set forth in the respective items:

(3)The court, upon the petition of an interested person or by its own authority, may change the order made under the provisions of item (v) of the preceding paragraph at any time.

Article 115(1)Where the court designates the means referred to in Article 189, paragraph (2), item (ii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 113 as the means for exercising a voting right, voting right holders may exercise their voting rights in accordance with the amount or number specified in each of the following items for the categories set forth in the respective items:

(2)The court, upon the petition of an interested person or by its own authority, may change the order made under the provisions of item (ii) of the preceding paragraph at any time.

Article 116The provisions of Article 193 to Article 195 of the Corporate Reorganization Act apply mutatis mutandis to voting rights in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "the first sentence of Article 189, paragraph (2)" in Article 193, paragraph (2) of that Act is deemed to be replaced with "the first sentence of Article 189, paragraph (2) as applied mutatis mutandis pursuant to Article 113 of the Act on Special Measures"; the phrase "shareholder registry" in Article 194, paragraph (1) of that Act is deemed to be replaced with "partner registry or member registry"; and the phrase "Article 200, paragraph (2)" in Article 195 of that Act is deemed to be replaced with "Article 200, paragraph (2) as applied mutatis mutandis pursuant to Article 121 of the Act on Special Measures".

Article 117The provisions of Article 196 of the Corporate Reorganization Act apply mutatis mutandis to a resolution on a proposed reorganization plan in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "the items of Article 168, paragraph (1)" in paragraphs (1) and (2) of that Article is deemed to be replaced with "the items of Article 93, paragraph (1) of the Act on Special Measures"; and the phrase "shares" in that paragraph and paragraph (5), item (iii) of that Article is deemed to be replaced with "interest of a Partner or Member (meaning Partner or Member prescribed in Article 2, paragraph (10) of the Act on Special Measures)".

Article 118The provisions of Article 197 of the Corporate Reorganization Act apply mutatis mutandis to the modification of a proposed reorganization plan in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 189, paragraph (2), item (i) or (iii)" in that Article is deemed to be replaced with "Article 189, paragraph (2), item (i) or (iii) as applied mutatis mutandis pursuant to Article 113 of the Act on Special Measures".

Article 119The provisions of Article 198 of the Corporate Reorganization Act apply mutatis mutandis to the continuation of the date of a meeting of persons concerned in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 189, paragraph (2), item (i) or (iii)" in paragraph (1) of that Article is deemed to be replaced with "Article 189, paragraph (2), item (i) or (iii) as applied mutatis mutandis pursuant to Article 113 of the Act on Special Measures"; the phrase "Article 196, paragraph (1)" is deemed to be replaced with "Article 196, paragraph (1) as applied mutatis mutandis pursuant to Article 117 of the Act on Special Measures"; and the phrase "shares" in item (iii) of that paragraph is deemed to be replaced with "interest of a Partner or Member (meaning Partner or Member prescribed in Article 2, paragraph (10) of the Act on Special Measures)".

Article 120(1)Where a proposed reorganization plan is approved, the court must issue an order confirming or disconfirming the reorganization plan.

(2)The provisions of Article 199, paragraphs (2) to (7) of the Corporate Reorganization Act apply mutatis mutandis to an order confirming or disconfirming the reorganization plan of a Cooperative Financial Institution.In this case, the phrase "perform an act referred to in Article 45, paragraph (1), item (vii) with another company" in paragraph (2), item (v) of that Article is deemed to be replaced with "merger"; the phrase "the preceding paragraph" is deemed to be replaced with "Article 120, paragraph (1) of the Act on Special Measures"; the phrase "the relevant other company" is deemed to be replaced with "Cooperative Financial Institution or Bank that is the other party to the merger"; the phrase "the act" is deemed to be replaced with "the merger"; the phrase "Article 187" in item (vi) of that paragraph is deemed to be replaced with "Article 187 as applied mutatis mutandis pursuant to Article 111 of the Act on Special Measures"; the phrase "the preceding two paragraphs or paragraph (1) of the following Article" in paragraph (4) of that Article is deemed to be replaced with "the provisions of the preceding two paragraphs or paragraph (1) of the following Article as applied mutatis mutandis pursuant to Article 121 of the Act on Special Measures"; the phrase "the main clause of Article 115, paragraph (1)" in paragraph (5) of that Article is deemed to be replaced with "the main clause of Article 115, paragraph (1) as applied mutatis mutandis pursuant to Article 66 of the Act on Special Measures"; and the phrase "Article 46, paragraph (3), item (iii)" in that paragraph and paragraph (7) of that Article is deemed to be replaced with "Article 33, paragraph (3), item (iii) of the Act on Special Measures".

Article 121The provisions of Article 200, paragraph (1) of the Corporate Reorganization Act apply mutatis mutandis to the cases where a proposed reorganization plan is not approved because consent that meets the requirements referred to in paragraph (5) of that Article could not be obtained for some types of rights prescribed in Article 196, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 117 and the provisions of Article 200, paragraphs (2) and (3) of that Act apply mutatis mutandis to the cases where it is obvious that the consent that meets the requirements referred to in paragraph (5) of that Article cannot be obtained for some types of rights prescribed in Article 196, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 117 for a proposed reorganization plan.

Article 122A reorganization plan becomes effective at the time of the order confirming it.

Article 123The provisions of Article 202 of the Corporate Reorganization Act apply mutatis mutandis to an immediate appeal against an order confirming or disconfirming the reorganization plan of a Cooperative Financial Institution.In this case, the phrase "Article 168, paragraph (1), items (iv) to (vi)" in paragraph (2) of that Article is deemed to be replaced with "Article 93, paragraph (1), item (iv) or (v) of the Act on Special Measures"; and the phrase "Article 13" in paragraph (5) of that Article is deemed to be replaced with "Article 12 of the Act on Special Measures".

Article 124(1)A reorganization plan is effective in the interest of and regarding the following persons:

(2)A reorganization plan does not affect any rights held by an unsecured or secured reorganization creditor against the guarantor of a reorganizing cooperative financial institution or any other person that owes debts jointly with the reorganizing cooperative financial institution, and any security provided by persons other than the reorganizing cooperative financial institution in the interest of an unsecured or secured reorganization creditor.

Article 125(1)If the court issues an order confirming a reorganization plan, the reorganizing cooperative financial institution is discharged from its liabilities for all of an unsecured or secured reorganization claim, except for the following rights, and any rights of Partners, etc. and any security interest on the assets of the reorganizing cooperative financial institution are extinguished:

(2)Notwithstanding the provisions of the preceding paragraph, the effect of discharge and extinguishment of security interests under the provisions of that paragraph with regard to a claim for a Foreign Tax Subject to Mutual Assistance may be asserted only in relation to the mutual assistance under the provisions of Article 11, paragraph (1) of the Act on Special Provisions for Enforcement of Tax Treaties, etc.

(3)The provisions of Article 204, paragraph (2) of the Corporate Reorganization Act apply mutatis mutandis to the rights to claim referred to in paragraph (1), items (iii) and (iv) if the court issues an order confirming the reorganization plan in the reorganization proceedings of a Cooperative Financial Institution.

Article 126The provisions of Article 205 to Article 208 of the Corporate Reorganization Act apply mutatis mutandis to an order confirming a reorganization plan during the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "the provisions of Article 151 to Article 153" in Article 205, paragraph (4) of that Act is deemed to be replaced with "the provisions of Article 151"; the phrase "Membership Company referred to in Article 203, paragraph (1), item (iv), company referred to in item (v) of that paragraph" in Article 206, paragraph (2) of that Act is deemed to be replaced with "converted cooperative financial institution and converted bank referred to in Article 124, paragraph (1), item (iv) of the Act on Special Measures, new Cooperative Financial Institution prescribed in item (v) of that paragraph, new Stock Company prescribed in item (vi) of that paragraph"; the phrase "and" is deemed to be replaced with "and"; the phrase "Article 169, paragraph (1)" in Article 207 of that Act is deemed to be replaced with "Article 169, paragraph (1) as applied mutatis mutandis pursuant to Article 93, paragraph (3) of the Act on Special Measures"; the phrase "Article 50, paragraph (1)" in Article 208 of that Act is deemed to be replaced with "Article 50, paragraph (1) as applied mutatis mutandis pursuant to Article 36 of the Act on Special Measures"; the phrase "procedure for compulsory execution, etc., procedure for the exercise of an enterprise mortgage prescribed in Article 24, paragraph (1), item (ii)" is deemed to be replaced with "procedure for compulsory execution, etc. prescribed in Article 24, paragraph (1), item (ii) as applied mutatis mutandis pursuant to Article 19 of the Act on Special Measures"; and the phrase "Article 50, paragraph (5)" is deemed to be replaced with "Article 50, paragraph (5) as applied mutatis mutandis pursuant to Article 36 of the Act on Special Measures".

Article 127(1)The provisions of Article 209 (excluding paragraph (3)) of the Corporate Reorganization Act apply mutatis mutandis to a reorganization plan in the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "reorganizing company" in paragraph (1) of that Article is deemed to be replaced with "reorganizing cooperative financial institution prescribed in Article 4, paragraph (7) of the Act on Special Measures (including converted cooperative financial institution and converted bank prescribed in Article 32, paragraph (1) of the Act on Special Measures)"; the phrase "company referred to in Article 203, paragraph (1), item (v)" in paragraph (2) of that Article is deemed to be replaced with "new Cooperative Financial Institution prescribed in Article 124, paragraph (1), item (v) of the Act on Special Measures and new Stock Company prescribed in item (vi) of that paragraph"; the phrase "the first sentence of Article 72, paragraph (4)" in paragraph (4) of that Article is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 45 of the Act on Special Measures"; and the phrase "the main clause of Article 151, paragraph (1)" in item (ii) of that paragraph is deemed to be replaced with "the main clause of Article 151, paragraph (1) as applied mutatis mutandis pursuant to Article 88 of the Act on Special Measures".

(2)The provisions of Article 209, paragraph (3) of the Corporate Reorganization Act apply mutatis mutandis to requests for reports and inspections of a converted cooperative financial institution by a trustee and examiner and requests for reports and inspections of a new Cooperative Financial Institution by a trustee.In this case, the phrase "Director at Incorporation, Auditor at Incorporation, director, accounting advisor, company auditor, executive officer, accounting auditor, member that executes business" in that paragraph is deemed to be replaced with "board member, inspector, accounting auditor".

(3)The provisions of Article 209, paragraph (3) of the Corporate Reorganization Act apply mutatis mutandis to requests for reports and inspections of a converted bank by a trustee and examiner and requests for reports and inspections of a new Stock Company by a trustee.In this case, the phrase "accounting auditor, member that executes business" in that paragraph is deemed to be replaced with "accounting auditor".

Article 128(1)Notwithstanding the provisions of the Small and Medium-Sized Enterprise Cooperatives Act, Shinkin Bank Act, Labor Bank Act or any other laws and regulations or the articles of incorporation, implementing a reorganization plan does not require a general meeting resolution, resolution of the shareholders meeting or any other order of authorities of the reorganizing cooperative financial institution, converted cooperative financial institution, converted bank, new Cooperative Financial Institution or new Stock Company.

(2)In connection with the implementation of a reorganization plan, notwithstanding the provisions of the Companies Act or any other laws and regulations, shareholders of a converted bank or new Stock Company may not request the converted bank or new Stock Company to purchase the shares which the shareholders hold.

(3)For the implementation of a reorganization plan, notwithstanding the provisions of the items of Article 828, paragraph (1) (including as applied mutatis mutandis pursuant to the provisions of Article 32, Article 57 (including as applied mutatis mutandis pursuant to Article 57, paragraph (3), item (vi) of the Small and Medium-Sized Enterprise Cooperatives Act) and Article 67 of the Small and Medium-Sized Enterprise Cooperatives Act, the provisions of Article 28, Article 52-2 (including as applied mutatis mutandis pursuant to Article 58, paragraph (7) of the Shinkin Bank Act) and Article 61-7 of the Shinkin Bank Act, the provisions of Article 28, Article 57-2 (including as applied mutatis mutandis pursuant to Article 62, paragraph (7) of Labor Bank Act) and Article 65 of the Labor Bank Act, the provisions of Article 53, paragraph (1) and Article 65, paragraph (1) of the Merger and Conversion Act and the provisions of Article 14, paragraph (3) of the Act on Preferred Equity Investment by Cooperative Financial Institution (Act No. 44 of 1993); hereinafter the same applies in this paragraph) and the items of Article 828, paragraph (2) and the items of Article 829 (including as applied mutatis mutandis pursuant to Article 14, paragraph (4) of the Act on Preferred Equity Investment by Cooperative Financial Institution; hereinafter the same applies in this paragraph) of the Companies Act and Article 22, paragraph (5), items (i) and (ii) of the Act on Preferred Equity Investment by Cooperative Financial Institution, a Partner or Member, board member, inspector, liquidator, shareholder, etc. (meaning shareholder, etc. prescribed in Article 828, paragraph (2), item (i) of the Companies Act), holder of share options, preferred equity investor (meaning preferred equity investor referred to in Article 13, paragraph (1) of the Act on Preferred Equity Investment by Cooperative Financial Institution), bankruptcy trustee or creditor of a reorganizing cooperative financial institution, converted cooperative financial institution, converted bank, new Cooperative Financial Institution or new Stock Company may not file any lawsuit for nullification of any acts set forth in the items of Article 828, paragraph (1) of the Companies Act or any an action for declaratory judgment of absence of any acts set forth in the items of Article 829 of that Act.

Article 129(1)When the name of any board member, inspector, Representative Board Member, accounting auditor, liquidator or representative liquidator is specified in a reorganization plan pursuant to the provisions of Article 94, these respective persons become a board member, inspector, Representative Board Member, accounting auditor, liquidator or representative liquidator at the time of the order confirming the reorganization plan.

(2)When the means of appointment of any board member, inspector, accounting auditor or liquidator is specified in a reorganization plan pursuant to the provisions of Article 94, these persons are appointed by the means specified in the reorganization plan.

(3)When the means of selection of a Representative Board Member or representative liquidator is specified in a reorganization plan pursuant to the provisions of Article 94, paragraph (1), item (i) or paragraph (2), item (i), these persons are selected by the means specified in the reorganization plan.

(4)The existing board member, inspector, accounting auditor or liquidator of a reorganizing cooperative financial institution resigns at the time of the order confirming the reorganization plan; provided, however, that they are not precluded from continuing to serve as a board member, inspector, accounting auditor or liquidator pursuant to the provisions of paragraph (1).

(5)The provisions of the preceding paragraph apply mutatis mutandis to the existing Representative Board Member or representative liquidator of a reorganizing cooperative financial institution.

(6)The term of office of a person appointed as a board member, inspector, accounting auditor or liquidator pursuant to the provisions of paragraphs (1) to (3) and a person selected as Representative Board Member or representative liquidator pursuant to these provisions is as specified in a reorganization plan.

Article 130In cases where the reduction of the unit amount of contribution by a reorganizing cooperative financial institution is specified in a reorganization plan pursuant to the provisions of Article 95, item (i), the provisions of Article 56 and Article 56-2 of the Small and Medium-Sized Enterprise Cooperatives Act, Article 51 and Article 52 of the Shinkin Bank Act or Article 56 and Article 57 of the Labor Bank Act do not apply.

Article 131The provisions of Article 213 of the Corporate Reorganization Act apply mutatis mutandis to the cases where the amendment of the articles of incorporation by a reorganizing cooperative financial institution is specified in a reorganization plan in the reorganization proceedings of the Cooperative Financial Institution pursuant to the provisions of Article 95, item (ii).

Article 132In cases where the performance of an act referred to in Article 95, item (iii) by a reorganizing cooperative financial institution is specified in a reorganization plan, the provisions of Article 34 and Article 35 of the Banking Act as applied mutatis mutandis pursuant to Article 6, paragraph (1) of the Small and Medium-Sized Enterprise Cooperatives Act, Article 89, paragraph (1) of the Shinkin Bank Act or Article 94, paragraph (1) of the Labor Bank Act do not apply.

Article 133(1)In cases where the granting of the right to receive the allotment of a contribution referred to in Article 96, item (v) to an unsecured or secured reorganization creditor or a Partner or Member is specified in the reorganization plan pursuant to the provisions of that item, a reorganizing cooperative financial institution must make notification of the following particulars to the unsecured or secured reorganization creditor or the Partner or Member:

(2)The notice under the provisions of the preceding paragraph must be given two weeks before the date referred to in item (ii) of that paragraph.

(3)A person that holds the right to receive the allotment of a contribution referred to in Article 96, item (v) loses the right when, despite the fact that the reorganizing cooperative financial institution gave notice under the provisions of paragraph (1), the person fails to apply for a contribution by the date referred to in item (ii) of that paragraph.

(4)In the case prescribed in paragraph (1), in cases where the number of units of the contribution to be allotted to an unsecured or secured reorganization creditor or Partner or Member that holds the right to receive the allotment of the contribution referred to in Article 96, item (v) includes a fraction less than one yen, the fraction is rounded down to the nearest whole number.

Article 134In cases where the receipt of contributions in exchange for the extinguishment of the whole or part of the right of an unsecured or secured reorganization creditor or Partner or Member is specified in the reorganization plan pursuant to the provisions of Article 97, the unsecured or secured reorganization creditor or Partner or Member becomes the Partner or Member, in accordance with the provisions on the particulars set forth in item (ii) of that Article, at the time of the order confirming the reorganization plan.

Article 135(1)In cases where the Absorption-Type Merger prescribed in Article 98, paragraph (1) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, if there is any provision on the particulars set forth in item (ii), (a) of that paragraph, an unsecured or secured reorganization creditor becomes the Partner or Member of the Financial Institution Surviving an Absorption-Type Merger, in accordance with the provisions on the particulars set forth in item (iii) of that paragraph, on the day on which the Absorption-Type Merger comes into effect (hereinafter referred to as the "effective date" in this Article).

(2)In cases where the Absorption-Type Merger prescribed in Article 98, paragraph (1) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, the provisions of Article 63-4, paragraphs (1), (2), (4) and (5) of the Small and Medium-Sized Enterprise Cooperatives Act, Article 61-2, paragraphs (1), (2), (4) and (5) of the Shinkin Bank Act, or Article 62-5, paragraphs (1), (2), (4) and (5) of the Labor Bank Act, and Article 34, paragraphs (1) and (2), Article 36 (excluding the part in relation to the notice to the pledgee), and Articles 36-2 to 38 of the Merger and Conversion Act do not apply to Cooperative Financial Institutions in need of reorganization.

(3)In cases where the Absorption-Type Merger prescribed in Article 98, paragraph (2) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, if there is any provision on the particulars set forth in item (ii), (a) of that paragraph, the unsecured or secured reorganization creditor becomes the shareholder of the shares referred to in item (ii), (a) of that paragraph, in accordance with the provisions on the particulars set forth in item (iii) of that paragraph, on the effective date.

(4)In cases where the Absorption-Type Merger prescribed in Article 98, paragraph (2) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, in the cases set forth in each of the following items, the Partner or Member of the reorganizing cooperative financial institution becomes the one of the persons prescribed in the respective items, in accordance with the provisions on the particulars set forth in item (v) of that paragraph, on the effective date:

(5)In the case prescribed in the preceding paragraph, the provisions of Article 34, paragraphs (1) and (2), Article 36 (excluding the part in relation to the notice to the pledgee), and Articles 36-2 to 38 of the Merger and Conversion Act do not apply to Cooperative Financial Institutions in need of reorganization.

(6)In cases where the Absorption-Type Merger prescribed in Article 98, paragraph (3) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, the provisions of Article 63-5, paragraph (1), (2), (6) and (7) of the Small and Medium-Sized Enterprise Cooperatives Act, Article 61-3, paragraphs (1), (2), (6) and (7) of the Shinkin Bank Act, or Article 62-6, paragraphs (1), (2), (6) and (7) of the Labor Bank Act, Articles 40 and 42-2 of the Merger and Conversion Act, and Article 36 (excluding the part in relation to the notice to the pledgee), Article 37 and Article 38 of the Merger and Conversion Act as applied mutatis mutandis pursuant to Article 43 of the Merger and Conversion Act do not apply to Cooperative Financial Institutions in need of reorganization.

Article 136(1)In cases where a Consolidation-Type Merger by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of Article 99, the duties of the organizing committee member concerning the reorganizing cooperative financial institution is performed by the trustee.

(2)In cases where the Consolidation-Type Merger prescribed in Article 99, paragraph (1) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, if there is any provision on the particulars set forth in item (ii) of that paragraph, the unsecured or secured reorganization creditor becomes the Partner or Member of the Financial Institution Established by Consolidation-Type Merger, in accordance with the provisions on the particulars set forth in item (iii) of that paragraph, on the day on which the Financial Institution Established by Consolidation-Type Merger is established.

(3)In cases where the Consolidation-Type Merger prescribed in Article 99, paragraph (1) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, the provisions of Article 63-6, paragraphs (1), (2), (4) and (5) of the Small and Medium-Sized Enterprise Cooperatives Act, Article 61-4, paragraphs (1), (2), (4) and (5) of the Shinkin Bank Act, or Article 62-7, paragraphs (1), (2), (4) and (5) of the Labor Bank Act, and Article 34, paragraphs (1) and (2), Article 36 (excluding the part in relation to the notice to the pledgee), and Articles 36-2 to 38 of the Merger and Conversion Act do not apply to Cooperative Financial Institutions in need of reorganization.

(4)In cases where the Consolidation-Type Merger prescribed in Article 99, paragraph (2) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, if there is any provision on the particulars set forth in item (ii) of that paragraph, the unsecured or secured reorganization creditor becomes the shareholder of the shares referred to in item (ii) of that paragraph, in accordance with the provisions on the particulars set forth in item (iii) of that paragraph, on the day on which a Financial Institution Established by Consolidation-Type Merger is established.

(5)In cases where the Consolidation-Type Merger prescribed in Article 99, paragraph (2) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, in the cases set forth in each of the following items, the Partners or Members or shareholders of a Financial Institution Disappearing in a Consolidation-Type Merger become the persons prescribed in the respective items, in accordance with the provisions on the particulars set forth in item (v) of that paragraph, on the day on which the Financial Institution Established by Consolidation-Type Merger is established:

(6)In the case prescribed in the preceding paragraph, the provisions of Article 34, paragraphs (1) and (2), Article 36 (excluding the part in relation to the notice to the pledgee), and Articles 36-2 to 38 of the Merger and Conversion Act do not apply to Cooperative Financial Institutions in need of reorganization.

Article 137In cases where the dissolution of a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of the main clause of Article 178 of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 100, the reorganizing cooperative financial institution is dissolved at the time specified in the reorganization plan.

Article 138(1)In cases where the conversion prescribed in Article 101, paragraph (1) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, if there is any provision on the particulars set forth in item (iii), (a) of that paragraph, the unsecured or secured reorganization creditor becomes the Partner or Member of the converted cooperative financial institution, in accordance with the provisions on the particulars set forth in item (iv) of that paragraph, on the day on which the conversion comes into effect (hereinafter referred to as the "effective date" in this Article).

(2)The provisions of Article 129, paragraphs (1) to (3) and (6) apply mutatis mutandis to the cases where the conversion prescribed in Article 101, paragraph (1) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph.In this case, the phrase "Article 94" in Article 129, paragraph (1) and (2) is deemed to be replaced with "Article 101, paragraph (1), item (ii)"; the phrase ", accounting auditor, liquidator or representative liquidator" in paragraph (1) of that Article and ", accounting auditor or liquidator" in paragraphs (2) and (6) of that Article is deemed to be replaced with "or accounting auditor"; the phrase "of the order confirming the reorganization plan" in paragraph (1) of that Article is deemed to be replaced with "that the conversion came into effect"; the phrase "Article 94, paragraph (1), item (i) or paragraph (2), item (i)" in paragraph (3) of that Article is deemed to be replaced with "Article 101, paragraph (1), item (ii), (a)"; and the phrase "Representative Board Member or representative liquidator" in that paragraph and paragraph (6) of that Article is deemed to be replaced with "Representative Board Member".

(3)In cases where the conversion prescribed in Article 101, paragraph (1) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, the provisions of Article 34, paragraphs (1) and (2), Article 36 (excluding the part in relation to the notice to the pledgee), Article 37 and Article 38 of the Merger and Conversion Act as applied mutatis mutandis pursuant to Article 63 of the Merger and Conversion Act do not apply.

(4)The provisions of Article 61, paragraph (4) of the Merger and Conversion Act do not apply to the term of office of the board member and inspector of the converted cooperative financial institution appointed pursuant to the provisions of paragraph (2).

(5)In cases where the conversion prescribed in Article 102, paragraph (1) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, if there is any provision on the particulars set forth in item (iv), (a) of that paragraph, the unsecured or secured reorganization creditor becomes the shareholder of the shares referred to in item (iv), (a) of that paragraph, in accordance with the provisions on the particulars set forth in item (v) of that paragraph, on the effective date.

(6)The provisions of Article 211, paragraphs (1) to (3) and (6) of the Corporate Reorganization Act apply mutatis mutandis to the cases where the conversion prescribed in Article 102, paragraph (1) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph.In this case, the phrase "Article 173" in Article 211, paragraphs (1) and (2) of that Act is deemed to be replaced with "Article 102, paragraph (1), item (ii) or (iii) of the Act on Special Measures"; the phrase ", accounting auditor, liquidator or representative liquidator" in paragraph (1) of that Article and the phrase ", accounting auditor or liquidator" in paragraphs (2) and (6) of that Article is deemed to be replaced with "or accounting auditor"; the phrase "of the order confirming the reorganization plan" in paragraph (1) of that Article is deemed to be replaced with "that the conversion (meaning conversion prescribed in Article 32, paragraph (1), item (vi) of the Act on Special Measures) came into effect"; the phrase "Article 173, paragraph (1), items (ii) to (iv) or (viii) or paragraph (2), item (ii)" in paragraph (3) of that Article is deemed to be replaced with "Article 102, paragraph (1), item (iii), (b), (c) or (d) of the Act on Special Measures"; and the phrase ", representative executive officer or representative liquidator" in that paragraph and paragraph (6) of that Article is deemed to be replaced with "or representative executive officer".

(7)In cases where the conversion prescribed in Article 102, paragraph (1) by a reorganizing cooperative financial institution is specified in the reorganization plan pursuant to the provisions of that paragraph, the provisions of Article 34, paragraphs (1) and (2), Article 36 (excluding the part in relation to the notice to the pledgee), Article 37 and Article 38 of the Merger and Conversion Act as applied mutatis mutandis pursuant to Article 63 of the Merger and Conversion Act do not apply.

Article 139The provisions of Article 133 apply mutatis mutandis to the cases where the reorganization plan specifies that the unsecured or secured reorganization creditor or Partner or Member is to be granted the right to receive the allotment of contributions referred to in Article 96, item (v) pursuant to the provisions of that item as applied mutatis mutandis pursuant to Article 101, paragraph (2).In this case, the phrase "reorganizing cooperative financial institution" in Article 133, paragraphs (1) and (3) is deemed to be replaced with "converted cooperative financial institution"; and the phrase "Article 96, item (v)" in items (ii) and (iii) of paragraph (1) and paragraphs (3) and (4) of that Article is deemed to be replaced with "Article 96, item (v) as applied mutatis mutandis pursuant to Article 101, paragraph (2)".

Article 140(1)The provisions of Article 215, paragraph (1) of the Corporate Reorganization Act apply mutatis mutandis to the cases where the solicitation of subscribers for Shares for Subscription by a converted bank is specified in the reorganization plan pursuant to the provisions of Article 175 of that Act as applied mutatis mutandis pursuant to Article 102, paragraph (2), when there is a provision in the articles of incorporation to the effect that the right to receive the allotment of Shares for Subscription referred to in Article 202, paragraph (1), item (i) of the Companies Act is to be granted to shareholders.

(2)In cases where the granting of the right to receive the allotment of Shares for Subscription referred to in Article 175, item (iii) of the Corporate Reorganization Act to an unsecured or secured reorganization creditor or a Partner or Member is specified in the reorganization plan pursuant to the provisions of that item as applied mutatis mutandis pursuant to Article 102, paragraph (2), the converted bank must make notification of the following particulars to the unsecured or secured reorganization creditor or the Partner or Member:

(3)The notice under the provisions of the preceding paragraph is given two weeks before the date referred to in item (ii) of that paragraph.

(4)A person that holds the right to receive the allotment of Shares for Subscription referred to in Article 175, item (iii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 102, paragraph (2) loses the right when, despite the fact that a converted bank gave notice under the provisions of paragraph (2), the person fails to apply to subscribe for Shares for Subscription by the date referred to in item (ii) of that paragraph.

(5)In the case prescribed in paragraph (2), in cases where the number of Shares for Subscription to be allotted to an unsecured or secured reorganization creditor or Partner or Member that holds the right to receive the allotment of Shares for Subscription referred to in Article 175, item (iii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 102, paragraph (2) includes a fraction less than one unit, the fraction is to be rounded down to the nearest whole number.

(6)In the case prescribed in paragraph (1), the provisions of Article 199, paragraph (5), Article 207, Article 210 and Part II, Chapter II, Section 8, Subsection 6 of the Companies Act do not apply.

Article 141(1)The provisions of Article 215, paragraph (1) of the Corporate Reorganization Act apply mutatis mutandis to the cases where the solicitation of subscribers for Share Options for Subscription by a converted bank is specified in the reorganization plan pursuant to the provisions of Article 176 of that Act as applied mutatis mutandis pursuant to Article 102, paragraph (2), when there is a provision in the articles of incorporation to the effect that the right to receive the allotment of Share Options for Subscription referred to in Article 241, paragraph (1), item (i) of the Companies Act is to be granted to shareholders.

(2)In cases where the granting of the right to receive the allotment of Share Options for Subscription referred to in Article 176, item (iii) of the Corporate Reorganization Act to an unsecured or secured reorganization creditor or a Partner or Member is specified in the reorganization plan pursuant to the provisions of that item as applied mutatis mutandis pursuant to Article 102, paragraph (2), the converted bank must make notification of the following particulars to the unsecured or secured reorganization creditor or the Partner or Member:

(3)The notice under the provisions of the preceding paragraph must be given two weeks before the date referred to in item (ii) of that paragraph.

(4)A person that holds the right to receive the allotment of Share Options for Subscription referred to in Article 176, item (iii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 102, paragraph (2) loses the right when, despite the fact that a converted bank gave notice under the provisions of paragraph (2), the person fails to apply to subscribe for Share Options for Subscription by the date referred to in item (ii) of that paragraph.

(5)In the case prescribed in paragraph (2), in cases where the number of Share Options for Subscription to be allotted to an unsecured or secured reorganization creditor or Partner or Member that holds the right to receive the allotment of Share Options for Subscription referred to in Article 176, item (iii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 102, paragraph (2) includes a fraction of less than one unit, the fraction is to be rounded down to the nearest whole number

(6)In cases where the solicitation of subscribers for Share Options for Subscription by a converted bank is specified in the reorganization plan pursuant to the provisions of Article 176 of that Act as applied mutatis mutandis pursuant to Article 102, paragraph (2), the provisions of Article 238, paragraph (5) Article 247, Article 285, paragraph (1), items (i) and (ii), Article 286, Article 286-2, paragraph (1), item (i) and Article 286-3 of the Companies Act do not apply.

(7)In the case prescribed in the preceding paragraph, when share options with provisions on particulars set forth in Article 236, paragraph (1), item (iii) of the Companies Act are exercised before the end of reorganization proceedings, the provisions of Article 284 of that Act do not apply.

Article 142(1)In cases where the granting of the right to receive the allotment of Bonds for subscription referred to in Article 177, item (iv) of the Corporate Reorganization Act to an unsecured or secured reorganization creditor or a Partner or Member is specified in the reorganization plan pursuant to the provisions of that item as applied mutatis mutandis pursuant to Article 102, paragraph (2), the converted bank must make notification of the following particulars to the unsecured or secured reorganization creditor or the Partner or Member:

(2)The notice under the provisions of the preceding paragraph is given two weeks before the date referred to in item (ii) of that paragraph.

(3)A person that holds the right to receive the allotment of Bonds for subscription referred to in Article 177, item (iv) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 102, paragraph (2) loses the right when, despite the fact that a converted bank gave notice under the provisions of paragraph (1), the person fails to apply to subscribe for Bonds for subscription by the date referred to in item (ii) of that paragraph.

(4)In the case prescribed in paragraph (1), in cases where the number of Bonds for subscription to be allotted to an unsecured or secured reorganization creditor or Partner or Member that holds the right to receive the allotment of Bonds for subscription referred to in Article 177, item (iv) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 102, paragraph (2) includes a fraction less than one unit, the fraction is rounded down to the nearest whole number.

Article 143(1)In cases where the establishment of a new cooperative financial institution or a new stock company is specified in the reorganization plan pursuant to the provisions of Article 103, paragraph (1) or the provisions of the main clause of Article 183 of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 104, the duties of the incorporator concerning the new cooperative financial institution or new Stock Company (hereinafter referred to as a "new corporation" in this Article) are performed by the trustee.

(2)In the case prescribed in the preceding paragraph, the articles of incorporation of the new corporation do not come into effect unless the certification of the court has been obtained.

(3)In the case prescribed in paragraph (1), a resolution of the organizational meeting of the new corporation may be adopted only if the content of the resolution does not defeat the purpose of the reorganization plan.

(4)In the case prescribed in paragraph (1), when the new corporation is not established, a reorganizing cooperative financial institution is responsible for any act performed by the trustee in relation to the establishment of the new corporation pursuant to the provisions of that paragraph and bear the expenses disbursed in relation to the establishment of the new corporation.

(5)The provisions of Article 129, paragraphs (1) to (3) and (6) apply mutatis mutandis to the appointment or selection and term of office of any board member, inspector, Representative Board Member and accounting auditor at the time of establishment of a new cooperative financial institution in the case prescribed in paragraph (1); the provisions of Article 133 apply mutatis mutandis to the cases where the right to receive the allotment of contributions of the new cooperative financial institution is to be granted to the unsecured or secured reorganization creditor or Partner or Member; and the provisions of Article 134 apply mutatis mutandis to the receipt of contributions of the new cooperative financial institution in exchange for the extinguishment of the right of the unsecured or secured reorganization creditor or Partner or Member In this case, the phrase "Article 94, paragraph (1), item (i)" in Article 129, paragraph (1) is deemed to be replaced with "Article 106, paragraph (1), item (vii)"; the phrase "of the order confirming the reorganization plan" is deemed to be replaced with "that the new cooperative financial institution was established"; the phrase "item (ii) of that paragraph" is deemed to be replaced with "that item"; the phrase "Article 94, paragraph (2)" in paragraph (2) of that Article is deemed to be replaced with "Article 106, paragraph (1), item (vii)"; the phrase "that paragraph" is deemed to be replaced with "that item"; the phrase "the main clause of Article 35, paragraph (3)" in paragraph (3) of that Article is deemed to be replaced with "the proviso to Article 35, paragraph (3)"; the phrase "the main clause of Article 34, paragraph (3)" is deemed to be replaced with "the proviso to Article 34, paragraph (3)"; and the phrase "general meeting" is deemed to be replaced with "organizational meeting".

(6)The provisions of Article 211, paragraphs (1) to (3) of the Corporate Reorganization Act apply mutatis mutandis to the appointment or selection of a Director at Incorporation, etc. (meaning Director at Incorporation, etc. prescribed in Article 183, item (x) of that Act as applied mutatis mutandis pursuant to Article 104; hereinafter the same applies in this paragraph) at the time of incorporation of a new Stock Company in the case prescribed in paragraph (1), and the provisions of Article 211, paragraph (6) of that Act apply mutatis mutandis to the term of office of a director of new company, etc. (meaning director of new company, etc. prescribed in that item; hereinafter the same applies in this paragraph) in cases where a Director at Incorporation, etc. of the new Stock Company becomes the director of a new company, etc. after the incorporation of the new Stock Company.In this case, the phrase "Article 173" in Article 211, paragraphs (1) and (2) of that Act is deemed to be replaced with "Article 183, item (viii) or (ix) as applied mutatis mutandis pursuant to Article 104 of the Act on Special Measures"; the phrase "of the order confirming the reorganization plan" in paragraph (1) of that Article is deemed to be replaced with "that the new Stock Company (meaning new Stock Company prescribed in Article 124, paragraph (1), item (vi) of the Act on Special Measures) was incorporated"; and the phrase "Article 173, paragraph (1), items (ii) to (iv) or (viii) or paragraph (2), item (ii)" in paragraph (3) of that Article is deemed to be replaced with "Article 183, item (ix), (a) or (e) as applied mutatis mutandis pursuant to Article 104 of the Act on Special Measures".

(7)The provisions of Article 140, paragraphs (2) to (5) apply mutatis mutandis to the cases where the unsecured or secured reorganization creditor or Partner or Member is to be granted the right to receive the allotment of Shares Solicited at Incorporation (meaning Shares Solicited at Incorporation prescribed in Article 58, paragraph (1) of the Companies Act; hereinafter the same applies in this Chapter) of a new Stock Company referred to in Article 183, item (v) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 104; the provisions of the preceding two Articles apply mutatis mutandis to the solicitation of subscribers for Share Options for Subscription or Bonds for subscription of a new Stock Company; and the provisions of Article 217-2 of the Corporate Reorganization Act apply mutatis mutandis to the issue of Shares Issued at Incorporation, share options or bonds of a new Stock Company in exchange for the extinguishment of the right of the unsecured or secured reorganization creditor or Partner or Member In this case, the phrase "converted bank" in Article 140, paragraphs (2) and (4), Article 141, paragraphs (2) and (4) and paragraphs (1) and (3) of the preceding Article is deemed to be replaced with "new Stock Company"; the phrase "Article 175, item (iii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 102, paragraph (2)" in Article 140, paragraph (2), items (ii) and (iii), paragraphs (4) and (5) is deemed to be replaced with "Article 183, item (v) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 104"; the phrase "Article 176 of that Act as applied mutatis mutandis pursuant to Article 102, paragraph (2)" in Article 141, paragraph (1) is deemed to be replaced with "Article 183, item (xi) of that Act as applied mutatis mutandis pursuant to Article 104"; the phrase "Article 176, item (iii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 102, paragraph (2)" in paragraphs (2), (4) and (5) of that Article and the phrase "Article 176 of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 102, paragraph (2)" in paragraph (6) of that Article is deemed to be replaced with "Article 183, item (xi) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 104"; the phrase "Article 177, item (iv) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 102, paragraph (2)" in paragraphs (1), (3) and (4) of the preceding Article is deemed to be replaced with "Article 183, item (xii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 104"; the terms "Article 177-2, paragraph (1)" and "item (iii) of that paragraph" in Article 217-2, paragraph (1) of that Act, the terms "Article 177-2, paragraph (2)" and "item (vi) of that paragraph" in paragraph (2) of that Article and the terms "Article 177-2, paragraph (3)" and "item (vii) of that paragraph" in paragraph (3) of that Article is deemed to be replaced with "Article 183, item (xiii) as applied mutatis mutandis pursuant to Article 104 of the Act on Special Measures"; the phrase "or shareholders" in that Article is deemed to be replaced with "or Partner or Member (meaning Partner or Member prescribed in Article 2, paragraph (10) of the Act on Special Measures)"; and the phrase "the order confirming the reorganization plan is made" is deemed to be replaced with "the new Stock Company (meaning new Stock Company prescribed in Article 124, paragraph (1), item (vi) of the Act on Special Measures) was incorporated".

(8)When the establishment of a new Cooperative Financial Institution is specified in the case prescribed in paragraph (1), the provisions of Article 24, paragraph (1) of the Small and Medium-Sized Enterprise Cooperatives Act, Article 22, paragraph (1) and Article 23, paragraphs (2) and (5) of the Shinkin Bank Act or Article 22, paragraph (1) and Article 23, paragraph (2) of the Labor Bank Act do not apply.

(9)When the incorporation of a new Stock Company is specified in the case prescribed in paragraph (1), the provisions of Article 25, paragraph (1), items (i) and (2), Article 26, paragraph (2), Article 27, item (v), Article 30, Part II Chapter I Section 3 (excluding Article 37, paragraph (3)), Section 4 (excluding Article 39), Sections 5 and 6, Article 50, Article 51, Section 8 of that Chapter, Article 58, Article 59, paragraph (1), items (i) (limited to the part in relation to the name of the notary), (ii) (limited to the part in relation to the particulars set forth in Article 27, item (v) and the items of Article 32, paragraph (1) of the Companies Act) and (iii), Article 65, paragraph (1), Article 88 to Article 90 inclusive, Article 93 and Article 94 (limited to the part in relation to the particulars set forth in Article 93, paragraph (1), items (i) and (ii) of that Act in the same provisions) and Article 103 of the Companies Act do not apply.

Article 144(1)A person that was a board member, etc. or an employee prescribed in Article 125, paragraph (1), item (ii) of a reorganizing cooperative financial institution after the commencement of reorganization proceedings, retired from the reorganizing cooperative financial institution upon entity conversion of the reorganizing cooperative financial institution or upon the establishment of a new Cooperative Financial Institution or a new Stock Company as specified in the reorganization plan and successively became a board member, etc. or an employee prescribed in that item of a converted cooperative financial institution or a new Cooperative Financial Institution or director, accounting advisor, company auditor, representative director, executive officer, representative executive officer or employee of the converted bank or new Stock Company may not receive the payment of a severance pay from the reorganizing cooperative financial institution.

(2)The period of service for the calculation of severance pay of the person prescribed in the preceding paragraph at the reorganizing cooperative financial institution is deemed to be the period of service at the converted cooperative financial institution, converted bank, new Cooperative Financial Institution or new Stock Company.

Article 145Notwithstanding the provisions of Article 868, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 51 of the Merger and Conversion Act as applied mutatis mutandis pursuant to Article 67 of the Merger and Conversion Act, cases in relation to the petition for permission under the provisions of Article 234, paragraph (2) of the Companies Act as applied mutatis mutandis pursuant to Article 51 of the Merger and Conversion Act as applied mutatis mutandis pursuant to Article 67 of the Merger and Conversion Act in cases where the conversion of a reorganizing cooperative financial institution is specified in the reorganization plan is under the jurisdiction of the reorganization court until the end of reorganization proceedings.

Article 146(1)In cases where the right to receive the allotment of contributions of a reorganizing cooperative financial institution, converted cooperative financial institution or a new Cooperative Financial Institution was granted to an unsecured or secured reorganization creditor or Partner or Member as specified in the reorganization plan, the relevant right may be assigned to the Partner or Member or a person that is qualified therefor with the approval of the Cooperative Financial Institution.

(2)In cases where the right to receive the allotment of Shares for Subscription, Shares Solicited at Incorporation, Share Options for Subscription or Bonds for subscription of a converted bank or new Stock Company was granted to an unsecured or secured reorganization creditor or Partner or Member as specified in the reorganization plan, the relevant right may be assigned to another person.

Article 147The provisions of Article 229 of the Corporate Reorganization Act apply mutatis mutandis to the cases where, as specified in a reorganization plan, an unsecured or secured reorganization creditor or Partner or Member is to acquire shares of a converted bank or a Stock Company incorporated as specified in the Reorganization Plan.

Article 148When the transfer of rights and duties based on permission, confirmation, a license or any other disposition obtained from an administrative agency by a reorganizing cooperative financial institution to the same type of new Cooperative Financial Institution is specified in the reorganization plan, notwithstanding the provisions of any other laws and regulations, the new Cooperative Financial Institution succeeds to the rights and duties.

Article 148-2(1)When the succession to obligations subject to a right to impose taxes or other charges of a reorganizing cooperative financial institution by a new Cooperative Financial Institution or a new Stock Company is specified in the reorganization plan, the new Cooperative Financial Institution or new Stock Company is liable to perform the obligations, and the reorganizing cooperative financial institution is relieved from the obligations.

(2)When an order commencing reorganization proceedings is made, the business year of a reorganizing cooperative financial institution ends at the time of the commencement thereof, and the subsequent business year is to end at the time when the reorganization plan is confirmed (when reorganization proceedings are closed by that time, the day on which the reorganization proceedings were closed); provided, however, that this does not preclude the application of the provisions of the proviso to Article 13, paragraph (1) of the Corporation Tax Act (Act No. 34 of 1965) and Article 72-13, paragraph (4) of the Local Tax Act.

Article 149(1)The provisions of Article 233, paragraphs (1) to (5) of the Corporate Reorganization Act apply mutatis mutandis to the cases where the need to modify any particulars specified in the reorganization plan arises due to unavoidable circumstances after the order confirming the reorganization plan of a Cooperative Financial Institution.

(2)An immediate appeal may be filed against the order prescribed in Article 233, paragraph (5) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to the preceding paragraph.

(3)The provisions of Article 202, paragraphs (2) to (5) of the Corporate Reorganization Act apply mutatis mutandis to the case referred to in the preceding paragraph.In this case, the phrase "Article 168, paragraph (1), items (iv) to (vi)" in paragraph (2) of that Article is deemed to be replaced with "Article 93, paragraph (1), item (iv) or (v) of the Act on Special Measures"; and the phrase "Article 13" in paragraph (5) of that Article is deemed to be replaced with "Article 12 of the Act on Special Measures".

(4)The provisions of Article 72, paragraph (7) of the Corporate Reorganization Act apply mutatis mutandis to the cases where the provisions of the reorganization plan are revoked under the provisions of the first sentence of Article 72, paragraph (4) of that Act as applied mutatis mutandis pursuant to Article 45 due to the modification of the reorganization plan.In this case, the phrase "Article 10, paragraph (4)" in Article 72, paragraph (7) of that Act is deemed to be replaced with "Article 10, paragraph (4) as applied mutatis mutandis pursuant to Article 10 of the Act on Special Measures".

Article 150The provisions of Article 234 of the Corporate Reorganization Act apply mutatis mutandis to the end of the reorganization proceedings of a Cooperative Financial Institution.In this case, the phrase "Article 44, paragraph (1)" in item (ii) of that Article is deemed to be replaced with "Article 44, paragraph (1) as applied mutatis mutandis pursuant to Article 31 of the Act on Special Measures".

Article 158-2The provisions of Article 246 of the Corporate Reorganization Act apply mutatis mutandis if there is a fact constituting cause to commence reorganization proceedings as prescribed in Article 15, paragraph (1) in connection with a Cooperative Financial Institution that is a bankrupt.In this case, the phrase "Article 20, paragraph (1)" in Article 246, paragraph (4) of that Act is deemed to be replaced with "Article 20, paragraph (1) as applied mutatis mutandis pursuant to Article 18 of the Act on Special Measures".

Article 158-3(1)Where the court makes an order commencing reorganization proceedings, when it finds it appropriate while taking into consideration the content and cause of each bankruptcy claim filed in the bankruptcy proceedings to be stayed pursuant to the provisions of Article 50, paragraph (1) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 36, the number of denied/disputed bankruptcy claims prescribed in the main clause of Article 125, paragraph (1) of the Bankruptcy Act, whether or not any liquidating distribution will be made through the bankruptcy proceedings, and any other circumstances concerned, it may make an order, upon making the order commencing a reorganization, to the effect that reorganization creditors that hold a reorganization claim that have been filed as bankruptcy claims in the bankruptcy proceedings (excluding the right to impose taxes or other charges as prescribed in Article 97, item (iv) of that Act and right to claim a fine, etc. prescribed in item (vi) of that Article) are not required to file a proof of the reorganization claim.

(2)The provisions of Article 247, paragraphs (2) to (5) of the Corporate Reorganization Act apply mutatis mutandis to the cases where an order under the provisions of the preceding paragraph is made.In this case, the phrase "Article 43, paragraph (1)" in paragraph (2) of that Article is deemed to be replaced with "Article 43, paragraph (1) as applied mutatis mutandis pursuant to Article 31 of the Act on Special Measures"; the phrase "Article 138, paragraph (1)" in paragraphs (3) and (5) of that Article is deemed to be replaced with "Article 138, paragraph (1) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures"; the phrase "Article 138, paragraph (1), item (i)" in paragraph (4), items (i) and (ii) of that Article is deemed to be replaced with "Article 138, paragraph (1), item (i) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures"; and the phrase "Article 138, paragraph (1), item (ii)" in items (iii) and (iv) of that paragraph is deemed to be replaced with "Article 138, paragraph (1), item (ii) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures".

Article 158-4The provisions of Article 248 of the Corporate Reorganization Act apply mutatis mutandis if there is a fact constituting cause to commence reorganization proceedings as prescribed in Article 15, paragraph (1) in connection with a Cooperative Financial Institution that is a rehabilitation debtor.In this case, the phrase "Article 246, paragraph (3)" in Article 248, paragraph (3) of that Act is deemed to be replaced with "Article 246, paragraph (3) as applied mutatis mutandis pursuant to Article 158-2 of the Act on Special Measures"; and the phrase "Article 20, paragraph (1)" in paragraph (4) of that Article is deemed to be replaced with "Article 20, paragraph (1) as applied mutatis mutandis pursuant to Article 18 of the Act on Special Measures".

Article 158-5(1)Where the court makes an order commencing reorganization proceedings, when it finds it appropriate while taking into consideration the content and cause of each rehabilitation claim filed in the rehabilitation proceedings to be stayed pursuant to the provisions of Article 50, paragraph (1) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 36, the number of denied/disputed rehabilitation claims prescribed in the main clause of Article 105, paragraph (1) of the Civil Rehabilitation Act, whether or not any right will be modified by a rehabilitation plan and the content of the modification, and any other circumstances concerned, it may make an order, upon making the order commencing a reorganization, to the effect that reorganization creditors that hold a reorganization claim that have been filed as rehabilitation claims in the rehabilitation proceedings (excluding fines, etc. arising prior to the commencement of rehabilitation proceedings prescribed in Article 97, item (i) of that Act) are not required to file a proof of the reorganization claim.

(2)The provisions of Article 249, paragraphs (2) to (5) of the Corporate Reorganization Act apply mutatis mutandis to the cases where an order under the provisions of the preceding paragraph is made.In this case, the phrase "Article 43, paragraph (1)" in paragraph (2) of that Article is deemed to be replaced with "Article 43, paragraph (1) as applied mutatis mutandis pursuant to Article 31 of the Act on Special Measures"; the phrase "Article 138, paragraph (1)" in paragraphs (3) and (5) of that Article is deemed to be replaced with "Article 138, paragraph (1) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures"; the phrase "Article 138, paragraph (1), item (i)" in paragraph (4), items (i) and (ii) of that Article is deemed to be replaced with "Article 138, paragraph (1), item (i) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures"; and the phrase "Article 138, paragraph (1), item (ii)" in item (iii) of that paragraph is deemed to be replaced with "Article 138, paragraph (1), item (ii) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures".

Article 158-6Where, before or after the commencement of bankruptcy proceedings, an order commencing reorganization proceedings is made against the same debtor, the court (meaning a judge or panel of judges in charge of the bankruptcy case), when it finds it appropriate in order to handle the bankruptcy case, may by its own authority transfer the bankruptcy case to the reorganization court.

Article 158-7(1)Where, with regard to the reorganizing cooperative financial institution against which bankruptcy proceedings have not yet been commenced, an order of revocation of the order commencing reorganization proceedings or an order of discontinuance of reorganization proceedings or the court issues an order disconfirming the reorganization plan, notwithstanding the provisions of Article 50, paragraph (1) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 36, a petition to commence bankruptcy proceedings may be filed with the reorganization court against the relevant reorganizing cooperative financial institution even before the respective order becomes final and binding. The same applies where, after the bankruptcy proceedings commenced against the reorganizing cooperative financial institution have ceased to be effective as a result of the order confirming the reorganization plan, an order of discontinuance of reorganization proceedings under the provisions of Article 241, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 155, paragraph (1) is made.

(2)The provisions of the first sentence of the preceding paragraph do not apply to the cases where rehabilitation proceedings have already commenced for a reorganizing cooperative financial institution prescribed in the first sentence of that paragraph.

(3)An order to commence bankruptcy proceedings based on the petition for commencement of bankruptcy proceedings filed under the provisions of paragraph (1) may not be made unless the order prescribed in the first sentence of that paragraph or an order of discontinuance of reorganization proceedings referred to in the second sentence of that paragraph becomes final and binding.

Article 158-8(1)Where, with regard to the Cooperative Financial Institution against which bankruptcy proceedings have not yet been commenced, the court, when it finds that a fact constituting the grounds referred to in Article 234, items (i) to (iv) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 150 exists with regard to the relevant Cooperative Financial Institution, by its own authority, may make an order to commence bankruptcy proceedings in accordance with the Bankruptcy Act; provided, however, that this does not apply to the cases where rehabilitation proceedings have already been commenced for the relevant Cooperative Financial Institution.

(2)Where, after the bankruptcy proceedings commenced against the reorganizing cooperative financial institution have ceased to be effective as a result of an order confirming the reorganization plan, an order of discontinuance of reorganization proceedings under the provisions of Article 241, paragraph (1) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 155, paragraph (1) becomes final and binding, the court, by its own authority, must make an order to commence bankruptcy proceedings in accordance with the Bankruptcy Act; provided, however, that this does not apply where the court makes an order to commence bankruptcy proceedings based on a petition for commencement of bankruptcy proceedings under the provisions of the second sentence of paragraph (1) of the preceding Article.

Article 158-9(1)In the following cases, the court, when it finds it necessary, by its own authority, may issue a stay order under the provisions of Article 24, paragraph (1) of the Bankruptcy Act or a comprehensive prohibition order prescribed in Article 25, paragraph (2) of that Act; order a provisional remedy under the provisions of Article 28, paragraph (1) of that Act; issue a Provisional Administration Order prescribed in Article 91, paragraph (2) of that Act; or order a provisional remedy under the provisions of Article 171, paragraph (1) of that Act (hereinafter referred to as a "provisional remedy or other measures" in this Article and Article 158-12, paragraph (4)):

(2)If the court, after issuing a provisional remedy or other measures under the provisions of item (i) or (ii) of the preceding paragraph, has decided not to make an order to commence bankruptcy proceedings under the provisions of the main clause of paragraph (1) of the preceding Article, it must revoke the provisional remedy or other measures without delay.

(3)The provisional remedy or other measures issued under the provisions of paragraph (1), item (i) ceases to be effective when an order to revoke the order prescribed in that item is made.

(4)Notwithstanding the provisions of Article 24, paragraph (4), Article 25, paragraph (6), Article 28, paragraph (3), Article 91, paragraph (5) and Article 171, paragraph (4) of the Bankruptcy Act, no immediate appeal may be filed against an order made under the provisions of paragraph (2).

Article 158-10(1)In the following cases concerning the Cooperative Financial Institution against which bankruptcy proceedings have not yet been commenced, for the purpose of application of the relevant provisions of the Bankruptcy Act (meaning the provisions of Article 71, paragraph (1), item (iv) and, paragraph (2), items (ii) and (iii), Article 72, paragraph (1), item (iv) and paragraph (2), items (ii) and (iii), Article 160 (excluding paragraph (1), item (i)), Article 162 (excluding paragraph (1), item (ii)), Article 163, paragraph (2), Article 164, paragraph (1) (including cases where applied mutatis mutandis pursuant to paragraph (2) of that Article), Article 166 and Article 167, paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 170, paragraph (2) of that Act) of the Bankruptcy Act; the same applies in paragraph (3)), a petition to commence reorganization proceedings or other such procedures (meaning a petition to commence reorganization proceedings, petition for commencement of rehabilitation proceedings in rehabilitation proceedings that have ceased to be effective as a result of the order confirming the reorganization plan, or any act conducted by a board member of the relevant Cooperative Financial Institution or any other person equivalent thereto, which is to constitute the crime referred to in Article 265 of the Bankruptcy Act; hereinafter the same applies in this paragraph) is deemed to be a petition for commencement of bankruptcy proceedings only where no petition for commencement of bankruptcy proceedings has been filed prior to the petition to commence reorganization proceedings or other such procedures:

(2)For the purpose of application of the provisions of the first sentence of Article 176 of the Bankruptcy Act in cases where an order to commence bankruptcy proceedings prescribed in the items of the preceding paragraph is made at the end of reorganization proceedings as a result of an order of disconfirmation of the reorganization plan or order of discontinuance of reorganization proceedings becoming final and binding, the respective dates on which the following orders are made is deemed to be the date to commence bankruptcy proceedings referred to in the first sentence of that Article:

(3)For the purpose of application of the relevant provisions of the Bankruptcy Act in cases where, with regard to the reorganizing cooperative financial institution against which bankruptcy proceedings have been commenced, an order to commence bankruptcy proceedings is made based on a petition for commencement of bankruptcy proceedings filed under the provisions of the second sentence of Article 158-7, paragraph (1) or an order to commence bankruptcy proceedings is made under the provisions of Article 158-8, paragraph (2), it is deemed that a petition for commencement of bankruptcy proceedings was filed at the time when the petition for commencement of bankruptcy proceedings in the bankruptcy proceedings that ceased to be effective as a result of the order confirming the reorganization plan had been filed.

(4)For the purpose of application of the provisions of the first sentence of Article 176 of the Bankruptcy Act in cases where an order to commence bankruptcy proceedings prescribed in the preceding paragraph is made, the date to commence bankruptcy proceedings in the bankruptcy proceedings that have ceased to be effective as a result of the order confirming the reorganization plan is deemed to be the date of commencement of bankruptcy proceedings referred to in the first sentence of that Article.

(5)For the purpose of application of the provisions of Article 148, paragraph (1), item (iii) of the Bankruptcy Act in cases where an order to commence bankruptcy proceedings prescribed in the items of paragraph (1) or paragraph (3) is made, the phrase "comprehensive prohibition order" in that item is deemed to be replaced with "comprehensive prohibition order or comprehensive prohibition order prescribed in Article 25, paragraph (2) of the Corporate Reorganization Act (Act No. 154 of 2002) as applied mutatis mutandis pursuant to Article 19 of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions (Act No. 95 of 1996)"; the phrase "there is a period" is deemed to be replaced with "there is a period or a period during which a procedure for collection of national tax delinquency cannot be enforced pursuant to the provisions of Article 50, paragraph (2) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 36 of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions".

(6)Where an order to commence bankruptcy proceedings prescribed in the preceding paragraph is made, common-benefit claims (including the rights to claim prescribed in Article 62, paragraph (2) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 41, paragraph (1) and the rights to claim prescribed in Article 75, paragraphs (1) and (4) in cases where reorganization proceedings are not commenced; the same applies in Article 158-13) are claims on the estate. The same applies where bankruptcy proceedings commenced against the Cooperative Financial Institution against which bankruptcy proceedings are continued as a result of any of the grounds referred to in Article 234, items (i) to (iii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 150 arising or an order of discontinuance of reorganization proceedings under the provisions of Article 236 or Article 237, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 152, paragraph (1) becoming final and binding.

Article 158-11(1)Where the court (meaning a judge or panel of judges in charge of the bankruptcy case) makes an order to commence bankruptcy proceedings prescribed in the items of paragraph (1) or in paragraph (3) of the preceding Article, when it finds it appropriate while taking into consideration the content and cause of each reorganization claim, etc. as well as the amount of the voting rights as filed in the reorganization proceedings that are closed, the number of denied/disputed unsecured or secured reorganization claims prescribed in the main clause of Article 151, paragraph (1) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 88, whether or not any right will be modified by a reorganization plan and the content of the modification, and any other circumstances concerned, it may make an order, upon making the order to commence bankruptcy proceedings, to the effect that bankruptcy creditors that hold bankruptcy claims that have been filed as an unsecured or secured reorganization claim in the relevant reorganization proceedings (excluding the right to impose taxes or other charges and right to claim fines, etc. prescribed in Article 84, item (ii) arising prior to the commencement of reorganization proceedings) are not required to file a proof of the bankruptcy claims.

(2)The provisions of Article 255, paragraphs (2) to (6) of the Corporate Reorganization Act apply mutatis mutandis to the cases where an order under the provisions of the preceding paragraph is made.In this case, the phrase "136, paragraph (1), item (iii), (b) to (d)" in paragraph (4), item (i) of that Article is deemed to be replaced with "136, paragraph (1), item (iii), (b) to (d) as applied mutatis mutandis pursuant to Article 80, paragraph (1) of the Act on Special Measures"; the phrase "Article 138, paragraph (1), item (iii) or paragraph (2), item (iii)" is deemed to be replaced with "Article 138, paragraph (1), item (iii) or paragraph (2), item (iii) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures"; the phrase "Article 138, paragraph (1), item (i) or paragraph (2), item (i)" in the provisions of items (ii) to (iv) of that paragraph is deemed to be replaced with "Article 138, paragraph (1), item (i) or paragraph (2), item (i) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures"; the phrase "Article 136, paragraph (1), item (i), (ii) or (iii), (a)" in item (iii) of that paragraph is deemed to be replaced with "Article 136, paragraph (1), item (i), (ii) or (iii), (a) as applied mutatis mutandis pursuant to Article 80, paragraph (1) of the Act on Special Measures"; the phrase "Article 136, paragraph (2), items (i) to (iii)" in item (iv) of that paragraph is deemed to be replaced with "Article 136, paragraph (2), items (i) to (iii) as applied mutatis mutandis pursuant to Article 80, paragraph (1) of the Act on Special Measures"; the phrase "Article 138, paragraph (1), item (ii)" in items (v) and (vi) of that paragraph is deemed to be replaced with "Article 138, paragraph (1), item (ii) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures"; and the phrase "Article 138, paragraph (1), item (iii)" in item (vii) of that paragraph is deemed to be replaced with "Article 138, paragraph (1), item (iii) as applied mutatis mutandis pursuant to Article 81 of the Act on Special Measures".

Article 158-12(1)In cases where any of the events referred to in Article 234, item (iii) or (iv) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 150 occurs, when an order to commence bankruptcy proceedings prescribed in the items of Article 158-10, paragraph (1) or paragraph (3) of that Article is made, a bankruptcy trustee may take over court proceedings in relation to an action referred to in Article 97, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 60 that is discontinued pursuant to the provisions of Article 52, paragraph (4) of that Act as applied mutatis mutandis pursuant to Article 37.In this case, the other party may also file a petition for taking over the court proceedings.

(2)In the case referred to in the preceding paragraph, the other party's right to claim court costs against a trustee is a claim on the estate.

(3)In the case referred to in paragraph (1), if the bankruptcy proceedings are closed before the court proceedings in relation to an action referred to in Article 97, paragraph (1) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 60 that is discontinued pursuant to the provisions of Article 52, paragraph (4) of that Act as applied mutatis mutandis pursuant to Article 37 is taken over under the provisions of paragraph (1), the relevant court proceedings are closed.

(4)Court proceedings in an action referred to in Article 97, paragraph (1) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 60, which is discontinued pursuant to the provisions of Article 52, paragraph (4) of that Act as applied mutatis mutandis pursuant to Article 37 and pertains to a reorganization case involving the Cooperative Financial Institution against which bankruptcy proceedings have not yet been commenced, are closed if an order to commence bankruptcy proceedings prescribed in the items of Article 158-10, paragraph (1) is not made within one month from the date of discontinuance thereof (if, for a certain part of the one-month period, a provisional remedy or other measures is issued under the provisions of Article 158-9, paragraph (1), item (i) or (ii) or a provisional remedy or other measures is issued in bankruptcy proceedings based on a petition for commencement of bankruptcy proceedings referred to in the items of Article 158-10, paragraph (2), that part of the period is excluded).

(5)The proceedings for petition for a reorganization claim, etc. assessment prescribed in the main clause of Article 151, paragraph (1) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 88, which are to continue to be pending pursuant to the provisions of Article 163, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 88, and the proceedings for petition for valuation prescribed in Article 153, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 88 is closed when an order to commence bankruptcy proceedings prescribed in the items of Article 158-10, paragraph (1) or (3) is made.In this case, the provisions of Article 163, paragraph (3) of that Act as applied mutatis mutandis pursuant to Article 88 do not apply.

(6)The provisions of paragraph (4) apply mutatis mutandis to court proceedings in relation to an action to oppose assessment of an unsecured or secured reorganization claim prescribed in Article 152, paragraph (1) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 88, which is discontinued pursuant to the provisions of Article 163, paragraph (4) of that Act as applied mutatis mutandis pursuant to Article 88, and pertains to a reorganization case involving the Cooperative Financial Institution against which bankruptcy proceedings have not yet been commenced.

Article 158-13Where a rehabilitation case involving a Cooperative Financial Institution is pending, when rehabilitation proceedings are continued as a result of any of the events referred to in Article 234, items (i) to (iii) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 150 arising or an order of discontinuance of reorganization proceedings under the provisions of Article 236 or Article 237, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 152, paragraph (1) becoming final and binding, common-benefit claims are common-benefit claims in rehabilitation proceedings.

Article 180(1)When there is a fact constituting cause to commence the reorganization proceedings of a Mutual Company (meaning a fact that falls under any of the following items), the Mutual Company may file a petition to commence reorganization proceedings for the Mutual Company:

(2)When a fact that falls under paragraph (1), item (i) exists with regard to a Mutual Company, the following persons may also file a petition to commence reorganization proceedings for the Mutual Company:

Article 181The provisions of Article 18 of the Corporate Reorganization Act apply mutatis mutandis to the cases where, pursuant to the provisions of other Acts, the liquidator of a Mutual Company must file a petition for the commencement of bankruptcy proceedings or commencement of special liquidation for the Mutual Company.

Article 182In order for a Mutual Company in liquidation or special liquidation or against which bankruptcy proceedings have been commenced to file a petition to commence reorganization proceedings, there must be a resolution specified in Article 62, paragraph (2) of the Insurance Business Act.

Article 183The provisions of Article 20 to Article 23 of the Corporate Reorganization Act apply mutatis mutandis to a petition to commence reorganization proceedings for a Mutual Company.In this case, the phrase "Article 17, paragraph (1)" in Article 20, paragraph (1) in that Act is deemed to be replaced with "Article 180, paragraph (1) of the Act on Special Measures"; the phrase "Article 17, paragraph (2)" in paragraph (2) of that Article and Article 22, paragraph (2) of that Act is deemed to be replaced with "Article 180, paragraph (2) of the Act on Special Measures"; the phrase "creditors or shareholders" in Article 20, paragraph (2) of that Act is deemed to be replaced with "creditors"; the phrase "the amount of claim or the number of voting rights (excluding the voting rights of the shares which may not be exercised for all particulars that may be resolved at a shareholders meeting, and including the voting rights of the shares that are deemed to have voting rights pursuant to the provisions of Article 879, paragraph (3) of the Companies Act)" is deemed to be replaced with "the amount of claim"; the phrase "Article 17" in Article 22, paragraph (1) of that Act is deemed to be replaced with "Article 180 of the Act on Special Measures"; the phrase "representative (when the head office is in a foreign state, the representative in Japan)" in paragraph (2) of that Article is deemed to be replaced with "representative"; the phrase "paragraph (1) or (2) of the following Article" in Article 23 of that Act is deemed to be replaced with "paragraph (1) or (2) of the following Article as applied mutatis mutandis pursuant to Article 184 of the Act on Special Measures"; the phrase "Article 25, paragraph (2)" is deemed to be replaced with "Article 25, paragraph (2) as applied mutatis mutandis pursuant to Article 184 of the Act on Special Measures", the phrase "Article 28, paragraph (1)" is deemed to be replaced with "Article 28, paragraph (1) as applied mutatis mutandis pursuant to Article 185 of the Act on Special Measures"; the phrase "Article 29, paragraph (3)" is deemed to be replaced with "Article 29, paragraph (3) as applied mutatis mutandis pursuant to Article 186 of the Act on Special Measures"; the phrase "Article 30, paragraph (2)" is deemed to be replaced with "Article 187, paragraph (2) of the Act on Special Measures"; the phrase "Article 35, paragraph (2)" is deemed to be replaced with "Article 190, paragraph (2) of the Act on Special Measures"; and the phrase "Article 39-2, paragraph (1)" is deemed to be replaced with "Article 194-2, paragraph (1) of the Act on Special Measures".

Article 196The provisions of Article 41, Article 42, Article 43 (excluding item (ii) of paragraph (3)) and Article 44 of the Corporate Reorganization Act apply mutatis mutandis to an order commencing reorganization proceedings for a Mutual Company.In this case, the phrase "Article 17" in Article 41, paragraph (1) of that Act is deemed to be replaced with "Article 180 of the Act on Special Measures"; the phrase "Article 138 to Article 140 or Article 142" in Article 42, paragraph (2) of that Act is deemed to be replaced with "Article 138 or Article 139 as applied mutatis mutandis pursuant to Article 248 of the Act on Special Measures, Article 140, paragraph (1) or (2) as applied mutatis mutandis pursuant to Article 249 of the Act on Special Measures or Article 251 of the Act on Special Measures"; the phrase "the items of Article 190, paragraph (1)" in Article 43, paragraph (1), item (v) of that Act is deemed to be replaced with "the items of Article 190, paragraph (1) as applied mutatis mutandis pursuant to Article 283 of the Act on Special Measures"; the phrase "Article 39" in paragraph (3), item (iv) of that Article is deemed to be replaced with "Article 194 of the Act on Special Measures"; the phrase "debts" in paragraph (4), item (ii) of that Article is deemed to be replaced with "debts with regard to claims that take preference over a reorganization claim on the funds"; the phrase "shareholder" is deemed to be replaced with "fund contributor"; the phrase "paragraph (3), items (i) to (iii) and the preceding paragraph" in paragraph (5) of that Article is deemed to be replaced with "paragraph (3), items (i) and (iii) and the preceding paragraph"; the phrase "paragraph (3), items (i) and (ii) and the preceding paragraph" is deemed to be replaced with "paragraph (3), item (i) and the preceding paragraph"; the phrase "Section 2 of the preceding Chapter" in Article 44, paragraph (2) of that Act is deemed to be replaced with "Chapter III, Section 2, Subsection 2 of the Act on Special Measures"; and the phrase "item (iv)" in paragraph (3) of that Article is deemed to be replaced with" items (ii) and (iv)".

Article 197(1)During the period after the commencement of reorganization proceedings until the close thereof, unless it is provided for in a reorganization plan, neither a reorganizing company may perform any of the following acts, nor may a Stock Company after entity conversion of a reorganizing company as specified in a reorganization plan (hereinafter referred to as a "Converted Stock Company" in this Chapter) perform any of the acts set forth in the items of Article 45, paragraph (1) of the Corporate Reorganization Act:

(2)During the period after the commencement of reorganization proceedings until the close thereof, the articles of incorporation of a reorganizing company or Converted Stock Company may not be amended unless as specified in a reorganization plan or unless the permission of the court is obtained.

Article 198(1)During the period after the commencement of reorganization proceedings until the close thereof, unless it is provided for in a reorganization plan, the acts set forth in Article 62-2, paragraph (1), items (i) to (ii)-2 of the Insurance Business Act in relation to a reorganizing company (hereinafter referred to as a "Transfer of Business, etc." in this Article) may not be conducted; provided, however, that this does not apply to a Transfer of Business, etc. in relation to the reorganizing company pursuant to the provisions of the following paragraph to paragraph (8).

(2)During the period after the commencement of reorganization proceedings until an order to refer a proposed reorganization plan to a resolution is made, a trustee, with permission of the court, may implement a Transfer of Business, etc. in relation to a reorganizing company.In this case, the court may grant permission only when it finds the Transfer of Business, etc. necessary for the reorganization of the business of the reorganizing company.

(3)The court, when granting the permission referred to in the preceding paragraph, must hear the opinions of the following:

(4)A trustee must, when implementing a Transfer of Business, etc. or transferring an important part of the business of a reorganizing company pursuant to the provisions of paragraph (2), make a public notice or give a notice of the following particulars to members in advance:

(5)The notice given to a member under the provisions of the preceding paragraph may be addressed to the place or contact address notified by the member to the reorganizing company or the trustee.

(6)The notice given to a member under the provisions of paragraph (4) is deemed to have been delivered at the time when the notice should have normally arrived.

(7)In any of the cases referred to in the following items, the court may not grant the permission referred to in paragraph (2):

(8)In cases where the reorganizing company, at the time of the permission referred to in paragraph (2), is unable to pay its debts in full with its assets, the provisions of paragraph (4) to the preceding paragraph do not apply.

(9)Any act conducted without the permission referred to in paragraph (2) is void; provided, however, that this may not be asserted against a third party without knowledge.

(10)In cases where a Transfer of Business, etc. in relation to a reorganizing company is to be implemented with the permission referred to in paragraph (2), the provisions of Article 62-2 of the Insurance Business Act do not apply.

Article 199The provisions of Article 47 and Article 47-2 of the Corporate Reorganization Act apply mutatis mutandis to an unsecured or secured reorganization claim in the reorganization proceedings of a Mutual Company.In this case, the phrase "a reorganization claim which are consensually-subordinated a reorganization claim" in Article 47, paragraph (6) of that Act is deemed to be replaced with "a reorganization claim which are consensually-subordinated a reorganization claim and a reorganization claim on the funds"; and the phrase "Article 24, paragraph (2)" in paragraph (7), items (i) and (ii) of that Article is deemed to be replaced with "Article 24, paragraph (2) as applied mutatis mutandis pursuant to Article 184 of the Act on Special Measures".

Article 200The provisions of Article 48 to Article 49-2 of the Corporate Reorganization Act apply mutatis mutandis to a set-off by an unsecured or secured reorganization creditor in the reorganization proceedings of a Mutual Company.In this case, the phrase "Article 138, paragraph (1)" in Article 48, paragraph (1) of that Act is deemed to be replaced with "Article 138, paragraph (1) as applied mutatis mutandis pursuant to Article 248 of the Act on Special Measures".

Article 201The provisions of Article 50 and Article 51 of the Corporate Reorganization Act apply mutatis mutandis to compulsory execution and other procedures in cases where an order commencing reorganization proceedings for a Mutual Company is made.In this case, the phrase "Article 24, paragraph (1), item (ii)" in Article 50, paragraphs (1) and (5), item (i) of that Act is deemed to be replaced with "Article 24, paragraph (1), item (ii) as applied mutatis mutandis pursuant to Article 184 of the Act on Special Measures"; the phrase "Article 24, paragraph (2)" in paragraphs (2), (5), item (ii) and (10) of that Article is deemed to be replaced with "Article 24, paragraph (2) as applied mutatis mutandis pursuant to Article 184 of the Act on Special Measures"; the phrase "Article 204, paragraph (2)" in paragraph (11) of that Article is deemed to be replaced with "Article 204, paragraph (2) as applied mutatis mutandis pursuant to Article 295, paragraph (3) of the Act on Special Measures"; and the phrase "the first sentence of Article 72, paragraph (4)" in Article 51, paragraph (2) of that Act is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 211 of the Act on Special Measures".

Article 202The provisions of Article 52 of the Corporate Reorganization Act apply mutatis mutandis to court proceedings relating to the assets of a reorganizing company in the reorganization proceedings for a Mutual Company.In this case, the phrase "Article 234, item (iii) or (iv)" in paragraph (5) of that Article is deemed to be replaced with "Article 234, item (iii) or (iv) as applied mutatis mutandis pursuant to Article 323 of the Act on Special Measures"; and the phrase "Article 97, paragraph (1)" is deemed to be replaced with Article 97, paragraph (1) as applied mutatis mutandis pursuant to Article 226 of the Act on Special Measures".

Article 202-2(1)If an action filed by a reorganization creditor pursuant to the provisions of Article 423 or Article 424 of the Civil Code or an action of avoidance or action of objection to an order upholding a request for avoidance filed under the provisions of the Bankruptcy Act or Civil Rehabilitation Act is pending at the time of the commencement of reorganization proceedings, the respective court proceedings are discontinued.

(2)The provisions of Article 52-2, paragraphs (2) to (6) of the Corporate Reorganization Act apply mutatis mutandis to the cases where court proceedings are discontinued pursuant to the provisions of the preceding paragraph.

Article 203The provisions of Article 53 of the Corporate Reorganization Act apply mutatis mutandis to a case relating to the assets of a reorganizing company in the reorganization proceedings for a Mutual Company that is pending before an administrative agency.

Article 204The provisions of Article 54 to Article 59 of the Corporate Reorganization Act apply mutatis mutandis to the effect of acts performed after the commencement of reorganization proceedings for a Mutual Company.In this case, the phrase "Article 43, paragraph (1)" in that Article is deemed to be replaced with "Article 43, paragraph (1) as applied mutatis mutandis pursuant to Article 196 of the Act on Special Measures".

Article 205The provisions of Article 60 of the Corporate Reorganization Act apply mutatis mutandis if, in the reorganization proceedings of a Mutual Company, the reorganizing company holds a property right jointly with another or other persons.

Article 206(1)The provisions of Article 61, paragraphs (1) to (4) and Article 62 of the Corporate Reorganization Act apply mutatis mutandis to an executory contract to which a reorganizing company in the reorganization proceedings for a Mutual Company is a party.

(2)The provisions of Article 54 of the Bankruptcy Act apply mutatis mutandis to the cases where a contract is cancelled under the provisions of the Article 61 of the Corporate Reorganization Act as applied mutatis mutandis pursuant to the preceding paragraph.In this case, the phrase "bankruptcy creditor" in Article 54, paragraph (1) of the Bankruptcy Act is deemed to be replaced with "reorganization creditor (meaning reorganization creditor prescribed in Article 169, paragraph (9) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "the bankrupt" in paragraph (2) of that Article is deemed to be replaced with "reorganizing company (meaning reorganizing company prescribed in Article 169, paragraph (7) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "bankruptcy estate" is deemed to be replaced with " assets of the reorganizing company (meaning assets of the reorganizing company as prescribed in paragraph (14) of that Article)"; and the phrase "holder of claim on the estate" is deemed to be replaced with "common benefit creditor".

(3)The provisions of Article 56, Article 58 and Article 59 of the Bankruptcy Act apply mutatis mutandis to the cases where reorganization proceedings for a Mutual Company are commenced.In this case, the phrase "Article 53, paragraphs (1) and (2)" in Article 56, paragraph (1) of that Act is deemed to be replaced with "Article 61, paragraphs (1) and (2) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 206, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions"; the phrase "the bankrupt" is deemed to be replaced with "reorganizing company (meaning reorganizing company prescribed in Article 169, paragraph (7) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "claim on the estate" in paragraph (2) of that Article is deemed to be replaced with "common-benefit claim"; the phrase "commencement of bankruptcy proceedings" in Article 58, paragraph (1) of that Act is deemed to be replaced with "commencement of reorganization proceedings (meaning reorganization proceedings prescribed in Article 169, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "bankruptcy creditor" in Article 54, paragraph (1) of that Act as applied mutatis mutandis pursuant to Article 58, paragraph (3) is deemed to be replaced with "reorganization creditor (meaning reorganization creditor prescribed in Article 169, paragraph (9) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "bankruptcy proceedings" in Article 59, paragraph (1) of that Act is deemed to be replaced with "reorganization proceedings (meaning reorganization proceedings prescribed in Article 169, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; and the phrase "The claim under the provisions of the preceding paragraph belongs to the bankruptcy estate if it is held by the bankrupt or is a "bankruptcy claim" if it is held by the counter party" in paragraph (2) of that Article is deemed to be replaced with "The claim under the provisions of the preceding paragraph is a reorganization claim (meaning reorganization claim prescribed in Article 169, paragraph (8) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions) if it is held by the counter party".

Article 207(1)The provisions of Article 64, paragraph (1) of the Corporate Reorganization Act apply mutatis mutandis to a right to segregate, from a reorganizing company in the reorganization proceedings for a Mutual Company, assets that do not belong to the reorganizing company.

(2)The provisions of Article 63 and Article 64 of the Bankruptcy Act apply mutatis mutandis to the cases where reorganization proceedings for a Mutual Company are commenced.In this case, the phrase "order of commencement of bankruptcy proceedings" in Article 63, paragraph (1) of that Act is deemed to be replaced with "order commencing reorganization proceedings (meaning reorganization proceedings prescribed in Article 169, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; the phrase "bankruptcy trustee" in that paragraph and Article 64 of that Act is deemed to be replaced with "trustee"; the phrase "Article 53, paragraphs (1) and (2)" in Article 63, paragraph (2) of that Act is deemed to be replaced with "Article 61, paragraphs (1) and (2) of the Corporate Reorganization Act as applied mutatis mutandis pursuant to Article 206, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions"; the phrase "paragraph (1)" in paragraph (3) of that Article is deemed to be replaced with "the preceding two paragraphs"; the phrase "that paragraph" is deemed to be replaced with "paragraph (1)"; the phrase "the bankrupt" in Article 64, paragraph (1) of that Act is deemed to be replaced with "Mutual Company (meaning Mutual Company prescribed in Article 2, paragraph (6) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)"; and the phrase "commencement of bankruptcy proceedings" is deemed to be replaced with "commencement of reorganization proceedings (meaning reorganization proceedings prescribed in Article 169, paragraph (1) of the Act on Special Measures for the Reorganization Proceedings of Financial Institutions)".

Article 208The provisions of Article 65 of the Corporate Reorganization Act apply mutatis mutandis to cases where a director, executive officer or liquidator of a reorganizing company intends to carry out a transaction in the line of business of the reorganizing company on behalf of themselves or a third party during the period after the commencement of reorganization proceedings for a Mutual Company until the close thereof.In this case, the phrase "Article 356, paragraph (1) of the Companies Act (including as applied mutatis mutandis pursuant to Article 419, paragraph (2) or Article 482, paragraph (4) of that Act)" in paragraph (1) of that Article is deemed to be replaced with "Article 356, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 53-15 of the Insurance Business Act (including as applied mutatis mutandis pursuant to Article 419, paragraph (2) of the Companies Act as applied mutatis mutandis pursuant to Article 53-32 of the Insurance Business Act) or Article 356, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 180-8, paragraph (4) of the Insurance Business Act"; and the phrase "the first sentence of Article 72, paragraph (4)" is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 211 of the Act on Special Measures".

Article 209The provisions of Article 66 of the Corporate Reorganization Act apply mutatis mutandis to any director, accounting advisor, company auditor, executive officer and liquidator of a reorganizing company in the reorganization proceedings for a Mutual Company.In this case, the phrase "Article 361, paragraph (1) of the Companies Act" in paragraph (1) of that Article is deemed to be replaced with "Article 53-28, paragraph (3) of the Insurance Business Act"; the phrase "the first sentence of Article 72, paragraph (4)" is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 211 of the Act on Special Measures"; and the phrase "Article 361, paragraphs (1) (including as applied mutatis mutandis pursuant to Article 482, paragraph (4) of that Act) and (3), Article 379, paragraphs (1) and (2), Article 387, paragraphs (1) and (2) and Article 404, paragraph (3) of the Companies Act" in paragraph (2) of that Article is deemed to be replaced with "Article 361, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 53-15 and Article 180-8, paragraph (4) of the Insurance Business Act, Article 361, paragraph (3) of the Companies Act as applied mutatis mutandis pursuant to Article 53-15 of the Insurance Business Act, Article 379, paragraphs (1) and (2) of the Companies Act as applied mutatis mutandis pursuant to Article 53-17 of the Insurance Business Act, Article 387, paragraphs (1) and (2) of the Companies Act as applied mutatis mutandis pursuant to Article 53-20 of the Insurance Business Act and Article 53-28, paragraph (3) of the Insurance Business Act".

Article 223(1)The following acts (excluding acts concerning the provisions of security or extinguishment of debt) may be avoided in the interest of the assets of the reorganizing company after the commencement of reorganization proceedings:

(2)With respect to an act concerning the extinguishment of debt conducted by the reorganizing company, if the value of the performance received by the creditor exceeds the amount of the debt extinguished by the act, and the act satisfies any of the requirements set forth in the items of the preceding paragraph, that act may be avoided in the interest of the assets of the reorganizing company after the commencement of reorganization proceedings only with regard to the part other than the part equivalent to the amount of the debt extinguished.

(3)Any gratuitous act, or any onerous act that should be deemed to be equal to that gratuitous act, conducted by the reorganizing company after or within six months prior to Suspension of Payments, etc. may be avoided in the interest of the assets of the reorganizing company after the commencement of reorganization proceedings.

Article 223-2(1)When a reorganizing company, after conducting an act of disposing of its assets, has received reasonable consideration from the other party to the act, the act may be denied in the interest of the assets of the reorganizing company after the commencement of reorganization proceedings, if it satisfies all of the following requirements:

(2)For the purpose of application of the provisions of the preceding paragraph, if the other party to the act in question is a director, accounting advisor (when the accounting advisor is a corporation, including any member that is supposed to carry out that corporation's duties), company auditor, executive officer, accounting auditor (when the accounting auditor is a corporation, including any member that is supposed to carry out that corporation's duties) or liquidator of a reorganizing company, the other party is presumed to have known, at the time of the act, that the reorganizing company had the intention of concealing or other disposal referred to in item (ii) of that paragraph.

Article 223-3(1)The following acts (limited to acts concerning the provisions of security or extinguishment of debt conducted with regard to an existing debt) may be avoided in the interest of the assets of the reorganizing company after the commencement of reorganization proceedings:

(2)For the purpose of application of the provisions of item (i) of the preceding paragraph, in the following cases, the creditor is presumed to have known, at the time of the act referred to in that item, either of the facts referred to in (a) or (b) below for the cases set forth in (a) or (b), respectively (in the case referred to in (a) of that item, both the fact that the reorganizing company was unable to pay debts and that the reorganizing company suspended payments):

(3)For the purpose of application of the provisions of the items of paragraph (1), after the suspension of payments took place (limited to suspension that took place within one year prior to the filing of a petition to commence reorganization proceedings or other such procedures), the reorganizing company is presumed to have been unable to pay debts.

Article 224(1)The provisions of paragraph (1), item (i) of the preceding Article do not apply where a person that has received payment of a negotiable instrument from a reorganizing company would lose their right on the negotiable instrument against one or more debtors on the negotiable instrument unless they receive the payment.

(2)In the case referred to in the preceding paragraph, if the final obligor for redemption or the person that had entrusted the drawing of the negotiable instrument knew or was negligent in not knowing, at the time of drawing, the fact that Suspension of Payments, etc. had taken place, a trustee may have these persons redeem the money paid by the reorganizing company to them.

(3)The provisions of paragraph (1) of the preceding Article do not apply to any act concerning the provisions of security or extinguishment of debt, which is conducted by a reorganizing company with regard to a right to impose taxes or other charges (excluding a claim for a Foreign Tax Subject to Mutual Assistance) or a claim to a fine, etc. arising prior to the commencement of reorganization proceedings prescribed in Article 251, item (ii) for the person that has the power to collect the tax, etc. or fine.

Article 225(1)Where an act necessary for duly asserting the establishment, transfer or modification of a right against a third party (including a provisional registration) was conducted after Suspension of Payments, etc. took place, the act may be denied if it was conducted after 15 days had elapsed since the date of establishment, transfer or modification of the right, while knowing that Suspension of Payments, etc. had taken place; provided, however, that this does not apply to a definitive registration or definitive registration based on prior unavoidable provisional registration.

(2)The provisions of the preceding paragraph apply mutatis mutandis to a Registration based on which the acquisition of a right becomes effective.

Article 226The provisions of Article 89 to Article 98 of the Corporate Reorganization Act apply mutatis mutandis to the right of avoidance in the reorganization proceedings of a Mutual Company.In this case, the phrase "Article 86, paragraph (3)" in Article 90 and Article 91, paragraph (2) of that Act is deemed to be replaced with "Article 223, paragraph (3) of the Act on Special Measures"; the phrase "Article 86, paragraph (1) or (3) or Article 86-2, paragraph (1)" in Article 91-2, paragraphs (1) and (4) of that Act is deemed to be replaced with "Article 223, paragraph (1) or (3) or Article 223-2, paragraph (1) of the Act on Special Measures"; the phrase "any of the persons set forth in the items of Article 86-2, paragraph (2)" in paragraph (3) of that Article and Article 93, paragraph (1), item (ii) of that Act is deemed to be replaced with "director, accounting advisor (when the accounting advisor is a corporation, including any member that is supposed to carry out that corporation's duties), company auditor, executive officer, accounting auditor (when the accounting auditor is a corporation, including any member that is supposed to carry out that corporation's duties) or liquidator of the reorganizing company"; the phrase "Article 86-3, paragraph (1)" in Article 92 of that Act is deemed to be replaced with "Article 223-3, paragraph (1) of the Act on Special Measures"; the phrase "Article 39-2, paragraph (1)" in Article 94, paragraph (1) in that Act is deemed to be replaced with "Article 194-2, paragraph (1) of the Act on Special Measures"; the phrase "Article 44, paragraph (2)" in that paragraph and paragraph (3) of that Article is deemed to be replaced with "Article 44, paragraph (2) as applied mutatis mutandis pursuant to Article 196 of the Act on Special Measures"; the phrase "Article 39-2, paragraph (2)" in that paragraph is deemed to be replaced with "Article 39-2, paragraph (2) as applied mutatis mutandis pursuant to Article 194-2, paragraph (2) of the Act on Special Measures"; the phrase "the main clause of Article 10, paragraph (3)" in Article 96, paragraph (4) of that Act is deemed to be replaced with "the main clause of Article 10, paragraph (3) as applied mutatis mutandis pursuant to Article 175 of the Act on Special Measures"; the phrase "Article 234, item (ii) or (v)" in Article 97, paragraph (6) of that Act is deemed to be replaced with "Article 234, item (ii) or (v) as applied mutatis mutandis pursuant to Article 323 of the Act on Special Measures"; and the phrase "Article 52, paragraph (4)" is deemed to be replaced with "Article 52, paragraph (4) as applied mutatis mutandis pursuant to Article 202 of the Act on Special Measures".

Article 227Deleted

Article 228The provisions of Article 99 of the Corporate Reorganization Act apply mutatis mutandis to a provisional remedy in cases where an order commencing reorganization proceedings for a Mutual Company is made.In this case, the phrase "Article 52, paragraph (1), Article 52-2, paragraph (1) or (2), Article 103, paragraph (2), Article 213, paragraph (1), Article 286, paragraph (1) or Article 286-3, paragraph (1) of the Companies Act" in paragraph (1), item (ii) of that Article is deemed to be replaced with "Article 52, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 30-14 of the Insurance Business Act"; and the phrase "the main clause of Article 10, paragraph (3)" in paragraph (5) of that Article is deemed to be replaced with "the main clause of Article 10, paragraph (3) as applied mutatis mutandis pursuant to Article 175 of the Act on Special Measures".

Article 229The provisions of Article 100 to Article 103 of the Corporate Reorganization Act apply mutatis mutandis to the assessment of right to claim prescribed in the items of Article 99, paragraph (1) of that Act as applied mutatis mutandis pursuant to the preceding Article.In this case, the phrase "the items of paragraph (1) of the preceding Article" in Article 100, paragraph (1) of that Act is deemed to be replaced with "the items of paragraph (1) of the preceding Article as applied mutatis mutandis pursuant to Article 228 of the Act on Special Measures"; and the phrase "the main clause of Article 10, paragraph (3)" in Article 101, paragraph (3) of that Act is deemed to be replaced with "the main clause of Article 10, paragraph (3) as applied mutatis mutandis pursuant to Article 175 of the Act on Special Measures".

Article 232The provisions of Article 114 to Article 116 of the Corporate Reorganization Act apply mutatis mutandis to a meeting of persons concerned in the reorganization proceedings of a Mutual Company.In this case, the phrase "Article 117, paragraph (2)" in Article 114, paragraph (1), item (ii) of that Act is deemed to be replaced with "Article 233, paragraph (1) of the Act on Special Measures"; the phrase "Article 117, paragraph (6)" in item (iii) of that paragraph is deemed to be replaced with "Article 233, paragraph (2) of the Act on Special Measures"; the phrase "shareholders' committee prescribed in Article 117, paragraph (7)" in item (iv) of that paragraph is deemed to be replaced with "members' committee prescribed in Article 233, paragraph (3) of the Act on Special Measures"; the phrase "holds one-tenth or more of the voting rights of all shareholders" in item (vi) of that paragraph is deemed to be replaced with "are equivalent in number to one-tenth or more of all members (limited to members that filed a proof referred to in Article 257; hereinafter the same applies in this item)"; the phrase "Article 42, paragraph (2)" in Article 115, paragraph (1) of that Act is deemed to be replaced with "Article 42, paragraph (2) as applied mutatis mutandis pursuant to Article 196 of the Act on Special Measures"; and the phrase "Article 46, paragraph (3), item (iii)" in paragraph (3) of that Article is deemed to be replaced with "Article 198, paragraph (3), item (iii) of the Act on Special Measures".

Article 233(1)The provisions of Article 117, paragraph (1) of the Corporate Reorganization Act apply mutatis mutandis to the cases where there is a committee consisting of reorganization creditors in the reorganization proceedings of a Mutual Company, and the provisions of paragraphs (2) to (5) of that Article apply mutatis mutandis to the cases where there is a committee approved pursuant to the provisions of paragraph (1) of that Article as applied mutatis mutandis pursuant to this paragraph (hereinafter referred to as a "reorganization creditors committee" in this Chapter).In this case, the phrase "the first sentence of Article 72, paragraph (4)" in paragraph (3) of that Article is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 211 of the Act on Special Measures".

(2)The provisions of Article 117, paragraph (1) of the Corporate Reorganization Act apply mutatis mutandis to the cases where there is a committee consisting of secured reorganization creditors in the reorganization proceedings of a Mutual Company, and the provisions of paragraphs (2) to (5) of that Article apply mutatis mutandis to the cases where there is a committee approved pursuant to the provisions of paragraph (1) of that Article as applied mutatis mutandis pursuant to this paragraph (hereinafter referred to as a "secured reorganization creditors committee" in this Chapter).In this case, the phrase "the first sentence of Article 72, paragraph (4)" in paragraph (3) of that Article is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 211 of the Act on Special Measures".

(3)The provisions of Article 117, paragraph (1) of the Corporate Reorganization Act apply mutatis mutandis to the cases where there is a committee consisting of members in the reorganization proceedings of a Mutual Company, and the provisions of paragraphs (2) to (5) of that Article apply mutatis mutandis to the cases where there is a committee approved pursuant to the provisions of paragraph (1) of that Article as applied mutatis mutandis pursuant to this paragraph (hereinafter referred to as a "members' committee" in this Chapter).In this case, the phrase "the first sentence of Article 72, paragraph (4)" in paragraph (3) of that Article is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 211 of the Act on Special Measures".

Article 234The provisions of Article 118 to Article 120 of the Corporate Reorganization Act apply mutatis mutandis to the cases where there is a reorganization creditors committee in the reorganization proceedings of a Mutual Company.In this case, the phrase "the first sentence of Article 72, paragraph (4)" in Article 118, paragraph (1) of that Act is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 211 of the Act on Special Measures"; the phrase "Article 83, paragraph (3) or (4) or Article 84" in Article 119, paragraph (1) of that Act is deemed to be replaced with "Article 83, paragraph (3) or (4) or Article 84 as applied mutatis mutandis pursuant to Article 221 of the Act on Special Measures"; the phrase "Article 12, paragraph (1)" in paragraph (2) of that Article is deemed to be replaced with "Article 12, paragraph (1) as applied mutatis mutandis pursuant to Article 176 of the Act on Special Measures"; the phrase "Article 84, paragraph (2)" in Article 120 of that Act is deemed to be replaced with "Article 84, paragraph (2) as applied mutatis mutandis pursuant to Article 221 of the Act on Special Measures for the Reorganization of Financial Institution".

Article 235The provisions of Article 118 to Article 120 of the Corporate Reorganization Act apply mutatis mutandis to the cases where there is a secured reorganization creditors committee or members' committee in the reorganization proceedings of a Mutual Company.In this case, the phrase "the first sentence of Article 72, paragraph (4)" in Article 118, paragraph (1) of that Act is deemed to be replaced with "the first sentence of Article 72, paragraph (4) as applied mutatis mutandis pursuant to Article 211 of the Act on Special Measures"; the phrase "Article 83, paragraph (3) or (4) or Article 84" in Article 119, paragraph (1) of that Act is deemed to be replaced with "Article 83, paragraph (3) or (4) or Article 84 as applied mutatis mutandis pursuant to Article 221 of the Act on Special Measures"; the phrase "Article 12, paragraph (1)" in paragraph (2) of that Article is deemed to be replaced with "Article 12, paragraph (1) as applied mutatis mutandis pursuant to Article 176 of the Act on Special Measures"; and the phrase "Article 84, paragraph (2)" in Article 120 of that Act is deemed to be replaced with "Article 84, paragraph (2) as applied mutatis mutandis pursuant to Article 221 of the Act on Special Measures".

Article 236The provisions of Article 122 and Article 123 of the Corporate Reorganization Act apply mutatis mutandis to the appointment of a reorganization creditors' representative in the reorganization proceedings of a Mutual Company.

Article 237The provisions of Article 124 of the Corporate Reorganization Act apply mutatis mutandis to the reimbursement of expenses and payment of compensation in the reorganization proceedings of a Mutual Company.

Article 238(1)After the commencement of reorganization proceedings, the court, when it finds it necessary, upon the petition of an interested person or by its own authority, may make a disposition to order an examination or a statement of opinion by an examiner regarding some or all of the following particulars:

(2)The court, when making the disposition referred to in the preceding paragraph (hereinafter referred to as an "examination order" in this Chapter), in the examination order, must appoint one or more examiners and specify the particulars that should be subject to an examination or a statement of opinion by the examiner(s) and the period during which they should make the report or statement to the court.

(3)The provisions of Article 125, paragraphs (3) to (6) of the Corporate Reorganization Act apply mutatis mutandis to an examination order in the reorganization proceedings of a Mutual Company.In this case, the phrase "the main clause of Article 10, paragraph (3)" in that paragraph is deemed to be replaced with "the main clause of Article 10, paragraph (3) as applied mutatis mutandis pursuant to Article 175 of the Act on Special Measures".

Article 239The provisions of Article 219, paragraphs (1) to (4) and the provisions of Article 67, paragraph (2), Article 68, the main clause of Article 69, paragraph (1), Article 77 and Article 80 of the Corporate Reorganization Act apply mutatis mutandis to an examiner in the reorganization proceedings of a Mutual Company.In this case, the phrase "subsidiary company (meaning a subsidiary company prescribed in Article 2, item (iii) of the Companies Act" in Article 77, paragraph (2) of that Act is deemed to be replaced with "substantive subsidiary company (meaning asubstantive subsidiary company prescribed in Article 33-2, paragraph (1) of the Insurance Business Act)".

Article 240The following rights to claim are common-benefit claims:

Article 241(1)A right to claim arising from the borrowing of funds or any other act conducted by a provisional administrator as empowered with respect to the business and assets of a company awaiting reorganization proceedings is a common-benefit claim.

(2)Where a company awaiting reorganization proceedings (excluding one for which a provisional administrator is appointed; hereinafter the same applies in this paragraph and paragraph (4)), after a petition to commence reorganization proceedings is filed and before reorganization proceedings is commenced, borrows funds or conducts any other act indispensable for the continuation of business of the company awaiting reorganization proceedings, the court may grant permission to the effect that the other party's right to claim arising from the act is a common-benefit claim.

(3)The court may empower a supervisor to give approval in lieu of the permission referred to in the preceding paragraph.

(4)When a company awaiting reorganization proceedings has conducted any of the acts prescribed in paragraph (2) with the permission referred to in paragraph (2) or approval referred to in the preceding paragraph, the other party's right to claim arising from the act is a common-benefit claim.