Order for Enforcement of the General Incorporated Associations and General Incorporated Foundations Act(Cabinet Order No. 38 of 2007)
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  • November 9, 2018
    • Last Version:
    • Translated Date: March 16, 2012
    • Dictionary Version: 6.0

Order for Enforcement of the General Incorporated Associations and General Incorporated Foundations Act
Cabinet Order No. 38 of March 2, 2007
The Cabinet hereby enacts this Cabinet Order pursuant to the provisions of Article 39, paragraph (3), Article 50, paragraph (3), Article 52, paragraph (1), Article 133, paragraph (3), and Article 182, paragraph (2) of the General Incorporated Associations and General Incorporated Foundations Act (Act No. 48 of 2006).
(Consent to Issuance of Notices by Electromagnetic Means, etc.)
Article 1(1)A person who seeks to issue a notice by Electromagnetic Means (meaning an Electromagnetic Means prescribed in Article 14, paragraph (2), item (iv) of the Act on General Incorporated Associations and General Incorporated Foundations (hereinafter referred to as the "Act"); the same applies hereinafter) pursuant to the provisions listed below (such person is referred to as the "Notice Issuer" in the following paragraph) must, in advance and pursuant to Ordinance of the Ministry of Justice, indicate to the party to which the person seeks to issue the notice the type and details of the Electromagnetic Means that the person will use, and obtain the party's consent to do so in writing or by an Electromagnetic Means:
(i)Article 39, paragraph (3) of the Act; or
(ii)Article 182, paragraph (2) of the Act.
(2)If a Notice Issuer that has obtained a party's consent under the provisions of the preceding paragraph is notified by the party, in writing or by Electromagnetic Means, that the party will not accept notices issued to it by Electromagnetic Means, the Notice Issuer must not issue a notice to the party by Electromagnetic Means; provided, however, that this does not apply if the party has reestablished its consent under the provisions of that paragraph.
(Consent to Provision of Information That Must Be Stated in Writing, etc. by Electromagnetic Means)
Article 2(1)A person who seeks to provide a party with the information prescribed in the following provisions by Electromagnetic Means (referred to as a "Provider" in the following paragraph) must, in advance and pursuant to Ordinance of the Ministry of Justice, indicate to the party to which the person seeks to provide the information the type and details of the Electromagnetic Means that the person will use, and obtain the party's consent to do so in writing or by Electromagnetic Means:
(i)Article 50, paragraph (3) of the Act;
(ii)Article 52, paragraph (1) of the Act; or
(iii)Article 133, paragraph (3) of the Act.
(2)If a Provider that has obtained a party's consent under the provisions of the preceding paragraph is notified by the party, in writing or by Electromagnetic Means, that the party will not accept information provided to it by Electromagnetic Means, the Provider must not provide the relevant information to the party by Electromagnetic Means; provided, however, that this does not apply if the party has reestablished its consent under the provisions of that paragraph.