Deposit Regulations(Ministry of Justice Order No. 2 of 1959)
Last Version: Ministry of Justice Order No. 32 of 2024
TOC
History
-
March 19, 2025
- Last Version: Ministry of Justice Order No. 32 of 2024
- Translated Date: October 28, 2024
- Dictionary Version: 17.0
Deposit Regulations
Ministry of Justice Order No. 2 of January 17, 1959
The Deposit Regulation is hereby enacted as follows.
Regulations on the Handling of Deposited Articles (Order of the Ministry of Justice No. 2 of 1922) are fully amended as follows.
Table of Contents
Chapter I General Provisions (Articles 1 through 12)
Chapter II Deposit Procedures (Articles 13 through 21-7)
Chapter III Payment Procedures (Articles 22 through 32)
Chapter IV Interest on Deposit Money and Coupons (Articles 33 through 37)
Chapter V Special Provisions on Deposits Using an Electronic Data Processing System (Articles 38 through 46)
Chapter VI Miscellaneous Provisions (Articles 47 through 50)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The procedures for depositing money, securities, and book-entry Japanese government bonds (meaning Japanese government bonds for which the ownership of its right is to be determined based on the entry or record in the book-entry account register under the provisions of the Act on Book-Entry of Corporate Bonds and Shares (Act No. 75 of 2001); the same applies below) are governed by the provisions of this Ministerial Order, in addition to what is otherwise provided for in laws and regulations.
(Books Related to Deposits)
Article 2An official depository is to keep the following account books in addition to cash books:
(i)a daily account book for receipt and payment of deposited securities;
(ii)a daily account book for receipt and payment of deposited book-entry Japanese government bonds;
(iii)a monetary deposit ledger;
(iv)a securities deposit ledger;
(v)a book-entry Japanese government bond deposit ledger;
(vi)file of written notices of transfer and other written notices
(Daily Account Books for Receipt and Payment of Deposited Securities)
Article 3(1)A daily account book for receipt and payment of deposited securities must be prepared by using Form No. 1, and a daily account book for receipt and payment of deposited book-entry Japanese government bonds must be prepared by using Form No. 1-2.
(2)Every day, a deposit officer must make entries of receipt and payment of deposited securities or of deposited book-entry Japanese government bonds in the daily account book of the receipt and payment of deposited securities or the daily book of the receipt and payment of deposited book-entry Japanese government bonds.
(3)Pursuant to the provisions of the Cabinet Order on Budgets, the Settlement of Accounts, and Accounting (Imperial Order No. 165 of 1947), a deposit officer must make entries of receipts and expenditures of the deposit money and interest under the provisions of Article 3 of the Deposit Act (Act No. 15 of 1899) (including as applied mutatis mutandis pursuant to Article 278, paragraph (4) of the Act on Book-Entry of Corporate Bonds and Shares) (referred to as "interest on deposit money" below) in cash books.
(Monetary Deposit Ledgers)
Article 4(1)A monetary deposit ledger, a securities deposit ledger, and a book-entry Japanese government bond deposit ledger must be prepared each fiscal year using a file stored on a computer for those records or an electronic magnetic recording medium (meaning a recording medium for records that are created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses used for computer data processing; the same applies below).
(2)If a deposit officer receives a deposit of money, securities, or book-entry Japanese government bonds, they must record the following matters in a monetary deposit ledger, securities deposit ledger, or book-entry Japanese government bond deposit ledger:
(i)the date of acceptance;
(ii)the deposit number;
(iii)the type of deposit;
(iv)the name of the depositor;
(v)the date they are received;
(vi)the amount deposited (limited to monetary deposit ledgers);
(vii)the name, total face value, and number of deposited securities (limited to securities deposit ledgers); and
(viii)the issue and monetary amount of deposited book-entry Japanese government bonds (limited to book-entry Japanese government bond deposit ledgers).
(3)If a deposit officer authorizes the payment of deposited property related to the deposit referred to in the preceding paragraph, they must record the following matters in a monetary deposit ledger, securities deposit ledger, or book-entry Japanese government bond deposit ledger:
(i)the payment date; and
(ii)the distinction of whether it is refund or recovery.
(File of Written Notices of Transfer)
Article 5(1)If a deposit officer receives documents submitted pursuant to the provisions of Article 47, written notices of transfer or creation of pledges for claims for payment of deposited property, written orders for provisional seizure related to claims for payment of deposited property, written orders for provisional disposition, written orders of attachment, written assignment orders, or written transfer orders for claims for payment of deposited property, or other documents on restrictions on the transfer or disposition of the claims for payment of deposited property, they must enter the fact that they have been received and the date and time of receipt in those documents, and compile them into a file of written notices of transfer, etc. in the order in which they were received.
(2)An inventory prepared using Form No. 4 must be attached to the file of written notices of transfer, etc.
(Characters to be Stated)
Article 6(1)The characters to be stated in a deposit slip, written request for payment of deposited property, or other documents concerning deposits must be printed clearly.
(2)Arabic numerals must be used to indicate the quantity of money or any other items; provided, however, that when they are written vertically, the characters "壱、弐、参、拾" must be used (these numerals that mean “one, two, three, and ten” in Japanese are the formal forms of characters that indicate numerals).
(3)The characters stated in documents must not be altered.
(4)If making corrections, additions, or deletions to characters in the document referred to in paragraph (1), the person must draw two lines through the characters and write the correct character in the adjacent area, enter the number of changed characters in the margin and affix it with a seal, and make sure that the corrected or deleted characters are still legible; provided, however, that a deposit officer may place parentheses before and after the characters that are corrected, added, or deleted and affix them with a seal in lieu of noting the changes in the margin and affixing a seal.
(5)If a person other than a deposit officer corrects, adds, or deletes a character on a deposit slip, written notice of deposit, written request for a substitute deposit, written request for deposits to which interests and dividends are attached, a document that does not require a seal to be affixed pursuant to the provisions of the proviso to Article 22, paragraph (2) or the proviso to Article 35, paragraph (2), or a document that does not require a seal to be affixed pursuant to the provisions of Article 26, paragraph (4) (including as applied mutatis mutandis pursuant to Article 21-3, paragraph (3), Article 21-6, paragraph (2), Article 35, paragraph (4), Article 42, paragraph (3), Article 48, paragraph (3), or Article 49, paragraph (4)), the person is not required to affix a seal to the document notwithstanding the provisions of the main clause of the preceding paragraph.
(6)The deposited amount, the number of securities, and the total face value of securities, or the number of requested coupons entered on a deposit slip, written notice of deposit, written request for substitute deposit, written request for deposits to which interests and dividends are attached, written request for payment of deposited securities, or written request for coupons of deposited securities, may not be corrected, added, or deleted.
(Continued Entries)
Article 7(1)If the format and paper size of a document to be submitted to an official depository has been specified, and it is not possible to enter all of the matters required to be entered on one sheet of paper, the matters may be continued to be entered in another sheet of paper with the same size using the appropriate format.
(2)In the case referred to in the preceding paragraph, the fact that the entries are continued must be clearly noted on each paper.
(Measures to Taken for Documents)
Article 8If a document required to be submitted to an official depository (excluding a deposit slip, written notice of deposit, written request for substitute deposit, written request for deposits to which interests and dividends are attached, and attached documents) consists of two or more pages, the preparer must take necessary measures, such as entering the total number of sheets and the number of that sheet on each page.
(Validity Period of Certificates of Capacity)
Article 9A certificate of registered information (meaning a certificate of registered information prescribed in Article 10, paragraph (1) of the Commercial Registration Act (Act No. 125 of 1963) (including as applied mutatis mutandis pursuant to other laws and regulations); the same applies in Article 14, paragraphs (1) and (4), Article 24, paragraph (2), Article 27, paragraph (1), and Article 39-2) or other documents certifying the capacity of a representative or administrator, or certifying the authority of an agent, which are prepared by a government agency or public office, and a seal registration certificate, required to be submitted or presented to an official depository, are limited to documents for which three months have not passed since they were prepared, unless otherwise provided for by these Regulations.
(Returning Original Copies of Attached Documents)
Article 9-2(1)Return of the documents attached to a deposit slip, written request for substitute deposit, written request for deposits to which interests and dividends are attached, written request for transfer of deposited property, written request for payment of deposited articles, written request for interest on deposited money, or written request for a coupon of deposited securities, may be requested at the time of deposit or request; provided, however, that this does not apply to the certificate referred to in Article 30, paragraph (1) or the documents certifying the authority of the agent (excluding those prepared by a government agency or public office).
(2)To request the return of a document, a certified copy of the document stating that the copy is not different from the original copy must also be attached to the deposit slip or the written request.
(3)If a deposit officer returns a document, they must state that the original copy has been returned in the certified copy of the document and affix their seal.
(4)If a privately appointed agent makes a request for the return of a document that is attached to a deposit slip, written request for substitute deposit, or written request for deposits to which interests and dividends are attached, they must present a document certifying the authority of the agent.
(5)If a privately appointed agent makes a request for the return of a document that is attached to a written request for transfer of deposited property, written request for payment of deposited property, written request for interest on deposit money, or written request for a coupon for deposited securities, a document certifying the authority of the agent must be attached to the written request. In such a case, the provisions of Article 15 apply mutatis mutandis.
(Preservation Period)
Article 10(1)A deposit officer must preserve documents (including files stored on a computer or an electronic or magnetic recording media; the same applies in the following Article and Article 12) and books on deposits in accordance with the following categories:
(i)a record of a duplicate file referred to in Article 13-2, item (ii) (including as applied mutatis mutandis pursuant to Article 21, paragraph (6)): for ten years commencing from the fiscal year following the fiscal year in which the final payment or the transfer of deposit referred to in Article 21-4, paragraph (1) has been made;
(ii)a payment entrustment document: for ten years commencing from the fiscal year following the fiscal year in which the final payment has been made;
(iii)a deposit slip and its attached documents: for ten years from the fiscal year following the fiscal year in which the deposit has been accepted;
(iv)a duplicate of a written request for substitute deposit and its attached documents, and a duplicate of a written request for deposits to which interests and dividends are attached and its attached documents: for ten years commencing from the fiscal year following the fiscal year in which the request for a substitute deposit or deposits to which interests and dividends are attached has been accepted;
(v)a written request for payment of deposited property (including a paper on which the content of the written application information prescribed in Article 43, paragraph (2) or Article 44, paragraph (2) has been printed) and its attached documents, a written request for transfer of deposited property and its attached documents, and the documents stated in Article 5: for ten years from the fiscal year following the fiscal year in which the payment or book-entry has been made;
(vi)a written request for interest on deposited money (including a paper on which the content of the written application information prescribed in Article 43, paragraph (2)) and its attached documents, a written request for a coupon for deposited securities and its attached documents: for five years commencing from the fiscal year following the fiscal year in which the payment has been made;
(vii)a daily account book of receipt and payment of deposited securities, a daily account book of receipt and payment of deposited book-entry Japanese government bonds, a monetary deposit ledger, a securities deposit ledger, and a book-entry Japanese government bond deposit ledger: for ten years commencing from the fiscal year following the fiscal year in which the final entry has been made;
(viii)the document referred to in Article 21-2, paragraph (1): for ten years commencing from the fiscal year following the fiscal year in which the document has been submitted;
(ix)the document referred to in Article 21-2, paragraph (4): for ten years commencing from the fiscal year following the fiscal year in which the document has been prepared; and
(x)an electronic or magnetic recording medium prescribed in Article 13-3, paragraph (1): for one year commencing from the date of receipt.
(2)If there are special reasons that require preservation of documents or books referred to in the preceding paragraph after the expiration of the preservation period, they must be preserved for the period during which those reasons exist.
(Procedures for Disposing Documents)
Article 11If a deposit officer seeks to dispose documents or books whose preservation period has expired at an official depository, they must prepare an inventory of those documents or books and obtain the approval of the Director of a Legal Affairs Bureau or a District Legal Affairs Bureau.
(Prohibition of Taking Out Incomplete Documents)
Article 12The documents concerning deposits, substitute deposits, or deposits to which interests and dividends are attached for which payment has not been completed must not be taken out of an official depository, unless it is to avoid a serious event.
Chapter II Deposit Procedures
(Deposit Slips)
Article 13(1)A person seeking to make a deposit of money or securities must submit a deposit slip prepared using the Forms No. 1 through No. 11 in accordance with the type of deposit to an official depository.
(2)The deposit slip referred to in the preceding paragraph must state the following matters:
(i)the name and address of the depositor, and if the depositor is a corporation or an association or foundation that is not a corporation, for which a representative or administrator has been designated, its name, principal office, and the name of its representative or administrator;
(ii)if the deposit is to be made by an agent, the name and address of the agent; provided, however, that if a public employee makes the deposit in the course of duties, their official title, name, and the name of the public agency to which they belong;
(iii)the amount of the deposited money, or the name, total face value, face value (for the securities that have no face value, that fact), code for the number of issues, serial number, and number of certificates, and attached coupons of the deposited securities, and their final payment date;
(iv)the facts that constitute the reasons for the deposit;
(v)the clauses of the laws and regulations that obligated or permitted the deposit to be made;
(vi)if a person who is expected to request the refund of the deposited property (referred to as the "beneficiary of deposits" below) can be specified, the name and address of that person, and if the person is a corporation, or an association or foundation that is not a corporation, its name and principal office;
(vii)if a pledge or mortgage is extinguished by the deposit, an indication of the pledge or mortgage;
(viii)if a person is required to receive a counter-performance, the content of the counter-performance;
(ix)if approval, confirmation, or certification, etc. by a government agency is required for the refund or recovery of deposited property, the name of the government agency and the necessary matters for specifying the case;
(x)for a deposit concerning a judicial procedure, the name of the court, the case name, and the case number;
(xi)an indication of the official depository; and
(xii)the date of application for deposit.
(3)A person seeking to make a deposit of book-entry Japanese government bonds must submit a deposit slip prepared using the Forms No. 5 through 9, Form No. 11, and Form No. 12 in accordance with the type of deposit to an official depository.
(4)The provisions of paragraph (2) apply mutatis mutandis to the deposit slip referred to in the preceding paragraph. In such a case, the phrase "the amount of the deposited money, or the name, total face value, face value (for the securities that have no face value, that fact), code for the number of issues, serial number, number of certificates, and attached coupons and their final payment date of the deposited securities" in paragraph (2), item (iii) is deemed to be replaced with "the issue, amount, interest payment period, and redemption date of the principal of the deposited book-entry Japanese government bonds".
(5)If a deposit slip consists of two or more pages, the preparer must enter the total number of sheets and the number of that sheet in the designated column of the deposit slip.
(Preparation of an Authenticated Copy of the Deposit Slips)
Article 13-2If a deposit slip is submitted, the deposit officer must take the following measures:
(i)prepare an authenticated copy of the deposit slip in the same manner as the Forms (5) through (18-5); and
(ii)record the matters stated in the deposit slip in a file stored on a computer for recording those matters or a duplicate file prepared by using an electronic or magnetic recording medium.
(Attaching an Electronic or Magnetic Recording Medium)
Article 13-3(1)A person seeking to make a deposit may attach an electronic or magnetic recording medium on which the matters stated in the items of Article 13, paragraph (2) (excluding item (ii), item (v), item (ix), item (xi), and item (xii), and including those applied mutatis mutandis pursuant to paragraph (4) of that Article) have been recorded in the method designated by the Minister of Justice to the deposit slip, in lieu of entering those matters in the deposit slip. In such a case, the person may not submit those deposit slips consisting of two or more pages.
(2)An electronic or magnetic recording medium prescribed in the preceding paragraph must have a structure designated by the Minister of Justice.
(3)The designation referred to in the preceding two paragraphs must be made by public notice.
(Deposit Card)
Article 13-4(1)A person who submits a deposit slip in order to deposit money for continuous payments, such as rents and salaries, may make an application for the issuance of a deposit card; provided, however, that this does not apply to the case prescribed in paragraph (1) of the preceding Article.
(2)If the application referred to in the preceding paragraph has been made, the deposit officer must prepare a deposit card and deliver it to the person who has made the application, unless they are unable to accept the deposit.
(3)The deposit card referred to in the preceding paragraph must state the fact that it is a deposit card and the deposit card number.
(4)If a person to whom a deposit card has been delivered seeks to make a deposit for the continuous payments by presenting the deposit card, it is sufficient for the person to enter the matters stated in the following items on the deposit slip, notwithstanding the provisions of Article 13, paragraph (2):
(i)the deposit card number;
(ii)the name of the depositor;
(iii)the matters stated in Article 13, paragraph (2), item (ii), item (iii), and item (xii) (excluding the address of the agent); and
(iv)the matters that are not the same as those entered in the deposit slip at the time of applying for the issuance of a deposit card.
(5)The provisions of the preceding paragraph do not apply in the cases stated in the following items:
(i)when two years have passed from the date the final deposit under the provisions of that paragraph has been made; and
(ii)when the matters stated in Article 13, paragraph (2), item (i) or (ii) is changed.
(Presentation of Certificate of Capacity)
Article 14(1)If a registered corporation seeks to make a deposit, it must present a certificate of registered information certifying the capacity of its representative. In such a case, it may submit a deposit slip for which the capacity of the representative stated have been confirmed by a registrar, and substitute the submission for presentation of a certificate of registered information certifying the capacity of the representative.
(2)If a corporation other than the corporation referred to in the preceding paragraph seeks to make a deposit, it must attach a document certifying the capacity of its representative to the deposit slip.
(3)If an association or a foundation that is not a corporation for which a representative or administrator has been designated seeks to make a deposit, it must attach the articles of incorporation or the articles of endowment of the association or foundation and a document certifying the capacity of its representative or administrator, to the deposit slip.
(4)If an agent seeks to make a deposit, a document certifying the authority of the agent (including a certificate of registered information certifying the capacity of the corporation's representative when the agent is a corporation, and including a certificate of registered information certifying the authority of the manager or other registered agents when the deposit is to be made by the manager or other registered agents; the same applies below) must be presented. In such a case, the provisions of the second sentence of paragraph (1) apply mutatis mutandis.
(Provision of Materials on Deposited Book-Entry Japanese Government Bonds)
Article 14-2If a depositor seeks to deposit book-entry Japanese government bonds, the depositor must provide the necessary materials for confirming the issue, interest payment period, and redemption date of those book-entry Japanese government bonds.
(Omission of Attached Documents)
Article 15When making multiple deposits to the same official depository at the same time, if any two documents attached to the deposit slip have the same content, it is sufficient to attach one copy of the document to one deposit slip. In such a case, that fact must be entered on other deposit slips.
(Request for Sending of Written Notices of Deposit)
Article 16(1)If a depositor must give a notice of the deposit to the beneficiary of deposits (if a deposit under the provisions of Article 466-2, paragraph (1) or Article 466-3 of the Civil Code (Act No. 89 of 1896) has been made, including the transferor; the same applies below in this Article, paragraph (4) of the following Article, Article 18, paragraph (3), and Article 20, paragraph (2)), the depositor may request the deposit officer to send a written notice of deposit to the beneficiary of deposits. In such a case, the depositor must enter that fact on the deposit slip.
(2)When making the request referred to in the preceding paragraph, a depositor must affix a postage stamp equivalent to the costs required for the sending or an envelope to which a voucher that may be used to pay the fees for services of correspondence delivery as defined in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private-Sector Businesses (Act No. 99 of 2002) by a general correspondence delivery operator as defined in paragraph (6) of that Article or a specified correspondence delivery operator as defined in paragraph (9) of that Article has been affixed, which is designated by the Minister of Justice, in accordance with the number of beneficiary of deposits.
(3)The designation referred to in the preceding paragraph must be made by public notice.
(4)If a request referred to in paragraph (1) has been made, the deposit officer must prepare a written notice of deposit in the same manner as the Forms No. 19 through No. 21 in accordance with the type of deposit.
(Special Provisions on Deposit Slips)
Article 16-2(1)If there are unavoidable circumstances, a person seeking to make a deposit of money or securities is not required to submit the deposit slip provided for in that paragraph to an official depository notwithstanding the provisions of Article 13, paragraph (1). In such a case, the person must submit one original and one duplicate copy of a deposit slip prepared using the Forms No. 5 through No. 18 in accordance with the type of deposit.
(2)The provisions of Article 13, paragraph (2) apply mutatis mutandis to the deposit slip referred to in the second sentence of the preceding paragraph.
(3)In the case referred to in the second sentence of paragraph (1), the provisions of Article 13, paragraph (5), Article 13-2, item (i), Article 13-3, and Article 13-4 do not apply.
(4)In the case referred to in the second sentence of paragraph (1), when making the request referred to in paragraph (1) of the preceding Article, the depositor must attach a written notice of deposit in the Forms No. 19 through No. 21 in accordance with the number of beneficiary of deposits and the type of deposit.
(5)In the case referred to in the preceding paragraph, the provisions of the second sentence of paragraph (1) and paragraph (4) of the preceding Article do not apply.
(Deposit of Registered Securities)
Article 17(1)If a depositor seeks to deposit registered securities (excluding share certificates), they must indorse them so that the person receiving the refund may immediately acquire the rights, or attach a deed of transfer to them.
(2)In the case referred to in the preceding paragraph, the fact that the securities will be indorsed or that a deed of transfer will be attached must be entered in the deposit slip.
(Procedures for Accepting the Deposit)
Article 18(1)If a deposit officer finds it necessary to accept a deposit of money or securities, they must enter on the authenticated deposit slip, the fact that the deposit will be accepted, the deposit number, the fact that the deposited property should be delivered to the Bank of Japan by a fixed delivery date, and the fact that the decision of acceptance will expire if the deposited property is not delivered by that date, and affix their name and seal to the deposit slip, and must deliver it to the depositor together with a payment slip for money in custody or deposit agreement for deposited securities prepared in compliance with the provisions on the handling of affairs for payment of money in custody or handling of deposited securities specified by the Minister of Finance.
(2)If the depositor fails to deliver the deposited property by the delivery date referred to in the preceding paragraph, the decision of acceptance expires.
(3)If a request referred to in Article 16, paragraph (1) has been made, and the deposit officer receives a certificate of receipt of deposited property pursuant to the provisions on the handling of affairs for payment of money in custody or handling of deposited securities specified by the Minister of Finance from the Bank of Japan, they must send a written notice of deposit referred to in paragraph (4) of that Article to the beneficiary of deposits.
Article 19(1)If a deposit officer finds it necessary to accept a deposit of book-entry Japanese government bonds, they must notify the depositor of the fact that the deposit will be accepted, the deposit number, the account at the official depository, the fact that the increase in the amount of book-entry Japanese government bonds to be deposited should be entered or recorded in that account by the fixed delivery date, and the fact that the decision of acceptance expires if the entry or record of the increase in the amount is not made by that date.
(2)If an entry or record of the increase in the amount of the deposited book-entry Japanese government bonds is not made for an account at an official depository by the delivery date referred to in the preceding paragraph, the decision of acceptance expires.
(3)If the entry or record referred to in the preceding paragraph has been made by the delivery date referred to in paragraph (1), the deposit officer must enter the fact that the deposited book-entry Japanese government bonds has been accepted in the authenticated copy of the deposit slip, affix their name and seal to the copy, and deliver it to the depositor.
(Special Provisions on Receipt of Deposits)
Article 20(1)A person seeking to deposit money at an official depository that handles the receipt of deposit money must submit the deposit money together with a deposit slip.
(2)If the deposit officer finds it necessary to accept the deposit referred to in the preceding paragraph, they must enter the fact that the deposit will be accepted, the deposit number, and the fact that the deposit money has been accepted in the authenticated copy of the deposit slip, affix their name and seal to the copy, and deliver it to the depositor. In such a case, if the request referred to in Article 16, paragraph (1) has been made, the deposit officer must send the written notice of deposit referred to in paragraph (4) of that Article to the beneficiary of deposits.
Article 20-2(1)If a person has a savings account at a bank or other financial institutions which can receive bank transfers of deposit money, a deposit officer may have the deposit money transferred to that savings account, in lieu of delivering the deposited property under the provisions of Article 18 or submitting the deposit money under the provisions of paragraph (1) of the preceding Article, upon the request of a person seeking to deposit money.
(2)If the request referred to in the preceding paragraph has been made and the deposit officer finds it necessary to accept the deposit referred to in that paragraph, they must enter the fact that the deposit will be accepted and the deposit number on an authenticated copy of the deposit slip, affix their name and seal to the copy, and, notify the depositor of the fact that the deposit has been accepted, the deposit number, and the fact that the deposit money should be transferred to the savings account referred to in that paragraph by the fixed transfer date, and the fact that the decision of acceptance expires if the deposit money is not transferred by that date.
(3)If the depositor does not transfer the deposit money by the transfer date referred to in the preceding paragraph, the decision of acceptance expires.
(4)If a depositor transfers the deposit money by the transfer date referred to in paragraph (2), the deposit officer must enter the fact that the deposit money has been received in an authenticated copy of the deposit slip, affix their name and seal, and deliver it to the depositor. In such a case, the provisions of the second sentence of paragraph (2) of the preceding Article apply mutatis mutandis.
Article 20-3(1)A deposit officer may receive the payment of deposit money based on the payment information that has been given by the deposit officer, in lieu of the delivery of the deposited property under the provisions of Article 18 or the submission of deposit money under the provisions of Article 20, paragraph (1), upon the request of a person seeking to deposit money.
(2)If the request referred to in the preceding paragraph has been made and the deposit officer finds it necessary to accept the deposit referred to in that paragraph, they must enter the fact that the deposit will be accepted and the deposit number in an authenticated copy of the deposit slip, affix their name and seal to the copy, and, notify the depositor of the fact that the deposit has been accepted, the deposit number, the payment information referred to in that paragraph, the fact that the deposit money must be paid by the fixed payment date based on that payment information, and the fact that the decision of acceptance expires if the deposit money is not paid by that date.
(3)If the depositor fails to pay the deposit money based on the payment information referred to in paragraph (1) by the payment date referred to in the preceding paragraph, the decision of acceptance expires.
(4)If a depositor pays deposit money based on the payment information referred to in paragraph (1) by the payment date referred to in paragraph (2), the deposit officer must enter the fact that the deposit money has been received in an authenticated copy of the deposit slip, affix their name and seal to the copy, and deliver it to the depositor. In such a case, the provisions of the second sentence of Article 20, paragraph (2) apply mutatis mutandis.
Article 20-4(1)If the person seeking to deposit money is the national government, the deposit officer may receive payment of deposit money through the procedures for transfer of money within the national treasury, in lieu of the delivery of deposited property under the provisions of Article 18 or the submission of deposit money under the provisions of Article 20, paragraph (1), upon the request by that person.
(2)If the request referred to in the preceding paragraph has been made and the deposit officer finds it necessary to accept the deposit referred to in that paragraph, they must enter the fact that the deposit will be accepted and the deposit number in an authenticated copy of the deposit slip, affix their name and seal to the copy, and, notify the depositor of the fact that the deposit has been accepted, the deposit number, the fact that the deposit should be paid through the procedures referred to in that paragraph by the fixed payment date, and the fact that the decision of acceptance expires if the deposit is not paid by that date.
(3)If the depositor fails to pay the deposit money through the procedures referred to in paragraph (1) by the payment date referred to in the preceding paragraph, the decision of acceptance expires.
(4)If a depositor pays the deposit money through the procedures referred to in paragraph (1) by the payment date referred to in paragraph (2), the deposit officer must enter the fact that the deposit money has been received in an authenticated copy of the deposit slip, affix their name and seal to the copy, and deliver it to the depositor. In such a case, the provisions of the second sentence of Article 20, paragraph (2) apply mutatis mutandis.
(Request for Substitute Deposit or Deposits to Which Interests and Dividends are Attached)
Article 21(1)A person seeking to request substitute deposits or a deposits to which interests and dividends are attached for redemption money, interest, or dividends of securities that are the subject of a deposit must submit one original copy and one duplicate copy of the written request for substitute deposits or deposits to which interests and dividends are attached prepared using Form No. 22 and Form No. 23.
(2)If deposited securities are in registered form other than Japanese government bonds, a requester must attach a power of attorney addressed to the Bank of Japan for the collection of redemption money, interest, or dividends to the written request referred to in the preceding paragraph.
(3)A requester bears the costs of collection in the case referred to in the preceding paragraph.
(4)If the deposit officer finds it necessary to accept the request referred to in paragraph (1), they must enter the fact that the request will be accepted and the deposit number in the original written request for substitute deposit or for deposits to which interests and dividends are attached, affix their name and seal to the request, and must deliver it to the requester together with the payment slip for money in custody referred to in Article 18 and the written request for payment prepared pursuant to the provisions on the handling of deposited securities specified by the Minister of Finance.
(5)The provisions of Article 14 and Article 15 apply mutatis mutandis to the case referred to in paragraph (1).
(6)The provisions of Article 13-2, item (ii) apply mutatis mutandis if one original copy and one duplicate copy of a written request for substitute deposit or a written request for deposit to which interests and dividends are attached under the provisions of paragraph (1) are submitted to an official depository.
(Redemption of Deposited Book-Entry Japanese Government Bonds)
Article 21-2(1)A person seeking to redeem the principal of or pay interest on deposited book-entry Japanese government bonds to an official depository must submit or transmit a document stating the following matters or an electronic or magnetic record (meaning a record created in electronic form, magnetic form, or other forms that cannot be perceived by human senses, which is used for information processing by a computer; the same applies below) on which those matters have been recorded to an official depository:
(i)the deposit number;
(ii)the issue of the deposited book-entry Japanese government bonds;
(iii)the date on which the person seeks to pay the redemption money or interest (referred to as "redemption money or interest" below);
(iv)the amount of redemption money or interest;
(v)the distinction of whether it is redemption money or interest.
(2)When the document or electronic or magnetic record referred to in the preceding paragraph has been submitted or transmitted, and the deposit officer finds that the deposit of the redemption money or interest may not be accepted, they must notify that fact to the person seeking to make the payment.
(3)A person who has received the notice referred to in the preceding paragraph may not make the payment referred to in paragraph (1).
(4)If the deposit officer receives an electronic or magnetic record referred to in paragraph (1), they must prepare a document to be preserved in lieu of the record.
(Transfer of Deposits)
Article 21-3(1)A person seeking to request transfer of deposited money pursuant to the provisions of laws and regulations must submit one copy of written request for transfer of deposit money prepared using Form No. 24 to which an authenticated copy of the deposit slip has been attached, to the official depository where they have deposited the deposit money.
(2)Regarding deposit money that has been deposited over multiple times, the transfer of deposit may be requested at one time.
(3)The provisions of Articles 26 and 27 apply mutatis mutandis to the request referred to in paragraph (1).
Article 21-4(1)When a deposit officer finds the request for transfer of deposit to be reasonable, they must enter the fact that the transfer of deposit will be made in the written request for transfer of deposit and affix their name and seal to the request, send it together with an authenticated copy of the deposit slip to the official depository that accepts the request for transfer of deposit, record the matters concerning the transfer of deposit in a duplicate file, and, conduct the procedures for transfer of treasury funds in compliance with the provisions on the handling of affairs for payment of money in custody specified by the Minister of Finance.
(2)When the deposit officer conducts the procedures referred to in the preceding paragraph, they must record the fact that transfer of deposit has been made in the monetary deposit ledger.
(3)When the deposit officer conducts the procedures referred to in paragraph (1), they must transmit the information necessary to record the matters on the deposit that has been transferred in the duplicate file, to the official depository to which the transfer of deposit has been made.
Article 21-5(1)A deposit officer of an official depository who has received the documents sent pursuant to the provisions of paragraph (1) of the preceding Article must enter a new deposit number in an authenticated copy of the deposit slip, cross out the former deposit number with red ink, and record the fact that the deposit has been transferred in the monetary deposit ledger.
(2)A deposit officer of an official depository who has received the transmission of information under the provisions of paragraph (3) of the preceding Article must record in a duplicate file the matters concerning the deposit for which the transfer of deposit has been made.
(3)If a deposit officer receives a notice from the Bank of Japan that the transfer of treasury funds has been completed, they must enter the fact that the transfer has been completed in an authenticated copy of the deposit slip, affix their name and seal to the copy, and deliver it to the person who has requested the transfer of deposit.
Article 21-6(1)The provisions of Article 21-3, paragraphs (1) and (2) and the preceding two Articles apply mutatis mutandis to the transfer of deposited book-entry Japanese government bonds. In such a case, the term "Form No. 24" in Article 21-3, paragraph (1) is deemed to be replaced with "Form No. 24-2", and the phrase "the transfer of treasury funds has been completed" in paragraph (3) of the preceding Article is deemed to be replaced with "the fact that the increase in the amount of deposited book-entry Japanese government bonds has been entered or recorded".
(2)The provisions of Article 26 and Article 27 apply mutatis mutandis to the request referred to in Article 21-3, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph.
(Ruling to Deny)
Article 21-7When a deposit officer finds that a deposit should not be accepted or that the request referred to in Article 21, paragraph (1) or Article 21-3, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (1) of the preceding Article) to be groundless, they must prepare a written decision on denial and deliver it to the depositor or the requester.
Chapter III Payment Procedures
(Written Request for Payment of Deposited Property)
Article 22(1)A person seeking to receive refund of deposited property or a person seeking recovery of deposited property must submit a written request for payment of deposited property (if the deposited properties are securities or book-entry Japanese government bonds, two copies of the written request) prepared using the Forms No.25 through No. 26-2 in accordance with the type of deposited property.
(2)The written request referred to in the preceding paragraph must state the following matters, and the requester, or their representative, administrator, or agent must affix their name and seal to the request; provided, however, that if a privately appointed agent has affixed their name to the written request referred to in that paragraph (excluding a written request for payment of deposited articles that is prepared using Form No. 26), the agent is not required to affix their seal to the written request.
(i)the deposit number; and
(ii)the amount of deposited money for which payment is requested, the name, total face value, face value (if the securities have no face value, that fact), code for the number of issues, serial number, and number of deposited securities, or issue and amount of deposited book-entry Japanese government bonds (limited to an amount that is an integral multiple of the minimum face value prescribed in Article 3, paragraph (2) of the Ministerial Order on the Issuance of National Government Bonds (Ministry of Finance Order No. 30 of 1982));
(iii)the grounds for requesting payment;
(iv)the distinction of whether it is a refund or recovery;
(v)if seeking to receive a payment of deposited money by the method of remote payment (meaning the method of making a payment of the deposited money at a Bank of Japan Branch located in a place other than where Bank of Japan Branch that handles money in custody of an official depository is located, or at other banks specified by the deposit officer) or the method of transfer to a savings account (meaning the method of transferring the deposited money to the savings account of the requester or their agent at a bank or other financial institutions designated by the Bank of Japan; the same applies in Article 43, paragraph (1));
(vi)if seeking to receive a payment of deposited money by the method of transfer of treasury funds, that fact;
(vii)if requesting a payment of deposited book-entry Japanese government bonds, the requestor's account;
(viii)the name and address of the requester, and if they are a corporation or an association or foundation that is not a corporation for which a representative or administrator has been designated, its name, the principal office, and the name of the representative or administrator;
(ix)if the requester is a successor to the rights of the depositor or the beneficiary of deposits, that fact;
(x)if the request is made by an agent, the name and address of the agent; provided, however, that if a public employee makes the request in the course of duties, their official title, their name, and the name of the government and public offices to which they belong;
(xi)an indication of the official depository; and
(xii)the date of the payment request.
(Combined Request for the Payment of Deposited Properties)
Article 23If the same person seeks to receive a refund or a recovery of deposited property for two or more deposits at the same time, and the grounds for the request for payment are the same, the requests may be made together.
(Special Provisions on Request for Payment of Deposited Book-Entry Japanese Government Bonds)
Article 23-2(1)When there are three days or less before the redemption date of the deposited book-entry Japanese government bonds, the payment of those bonds may not be requested.
(2)Holidays of book-entry transfer business of a book-entry transfer institution as defined in Article 2, paragraph (2) of the Act on Book-Entry Transfer of Corporate Bonds and Shares which handles deposited book-entry Japanese government bonds (including the Bank of Japan that is deemed to be a book-entry transfer institution pursuant to the provisions of Article 48 of that Act) and the days stated in the items of Article 1, paragraph (1) of the Act on Holidays of Administrative Organs (Act No. 91 of 1988) are not to be included in the period referred to in the preceding paragraph.
(Documents to be Attached to Refund Requests)
Article 24(1)A person seeking to receive a refund of deposited property must attach documents stated in the following items to the written request for payment of deposited property:
(i)a document certifying that the person has the right to receive a refund; provided, however, that this does not apply if it is clear from the record in the duplicate file that the person has the right to receive a refund;
(ii)if it is necessary to provide counter-performance, a certification document under the provisions of Article 10 of the Deposit Act.
(2)When attaching a written approval of a stakeholder to a written request for payment of deposited property pursuant to the provisions of the preceding paragraph, the person specified in that paragraph must also attach the following documents that have been prepared within three months before the preparation of the written approval or after its preparation:
(i)a seal registration certificate prepared by the mayor of a municipality (including the mayor of a special ward, and for a designated city referred to in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), a city mayor, or a ward mayor or an administratively consolidated ward mayor; the same applies in Article 26, paragraph (1)) or a registry office for the seal affixed to the written approval;
(ii)if a registered corporation becomes a stakeholder, a certificate of registered information certifying the capacity of the representative;
(iii)if a corporation other than the corporation referred to in the preceding item becomes a stakeholder, a document certifying the capacity of the representative;
(iv)if an association or foundation that is not a corporation for which a representative or administrator has been designated becomes a stakeholder, a document certifying the capacity of the representative or administrator.
(Documents to be Attached to Recovery Request)
Article 25(1)A person seeking to recover deposited property must attach a document certifying that the person has the right to make the recovery to the written request for payment of deposited property; provided, however, that this does not apply when it is clear from the records in the duplicate file that the person has the right to recover the deposited property.
(2)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the case referred to in the main clause of the preceding paragraph.
(Attaching Seal Registration Certificates)
Article 26(1)A person who requests the payment of deposited property must attach a certificate prepared by the mayor of a municipality or a registry office for the seal affixed to the written request for payment of deposited property or a document certifying the authority of a privately appointed agent; provided, however, that this does not apply when the seal impression has been confirmed by a registrar, except when the official depository is the Legal Affairs Bureau or District Legal Affairs Bureau or its branch bureaus, or a small branch of any of these bureaus, designated by the Minister of Justice.
(2)If a legal representative, a manager or other registered agents, a representative or administrator of a corporation or an association or foundation that is not a corporation, a trustee or a temporary administrator under the Civil Rehabilitation Act (Act No. 225 of 1999), Corporate Reorganization Act (Act No. 154 of 2002) or the Act on Special Measures for Reorganization Proceedings of Financial Institutions (Act No. 95 of 1996), or a recognized trustee or a temporary administrator under the Act on Recognition of and Assistance for Foreign Insolvency Proceedings (Act No. 129 of 2000) requests the payment of deposited property on behalf of themselves, a corporation, an association or foundation that is not a corporation, a rehabilitation debtor, a stock company, a cooperative financial institution as defined in Article 2, paragraph (2) of the Act on Special Measures for Reorganization Proceedings of Financial Institutions, a mutual company or a debtor, the provisions of the preceding paragraph apply to the legal representative, the manager or other registered agents, the representative or the administrator, or the trustee, the recognized trustee or the temporary administrator.
(3)The provisions of the preceding two paragraphs do not apply in the following cases:
(i)if the person requesting the payment is a government agency or a public office;
(ii)if the person requesting the payment is an individual, and they present a driver's license (meaning a driver's license prescribed in Article 92, paragraph (1) of the Road Traffic Act (Act No. 105 of 1960)), an individual number card (meaning an individual number card as defined in Article 2, paragraph (7) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013)), a residence card (meaning a residence card prescribed in Article 19-3 of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951)), or other documents issued by a government agency or a public office, or other documents similar to them (limited to those that state the person's name, address, and date of birth and to which a photograph of the person is attached) which can be used to confirm the person's identity, and, have also attached a copy of that document to them;
(iii)when requesting the recovery of deposited property, if a document certifying the authority of a privately appointed agent which was presented to a deposit officer pursuant to the provisions of the first sentence of Article 14, paragraph (4) to which a requester or a person stated in the preceding paragraph has affixed the same seal as the seal affixed to the written request for payment of deposited property or the document certifying the authority of a privately appointed agent has been attached to the written request for payment of deposited property;
(iv)when a person other than the person who may submit a seal impression to a registry office based on the provisions of laws and regulations makes a request for the recovery of deposited property, if the person has attached a document certifying that the grounds for making the deposit issued by a government agency or a public office have ceased to exist (excluding when the written request states the fact that the payment is to be made by transferring money to the savings account of a privately appointed agent; the same applies in the following item);
(v)when a person specified in the preceding item requests the payment of deposited money (limited to when the amount is less than 100,000 yen), and has attached the certificate prescribed in Article 30, paragraph (1) to the written request for payment of deposited property; and
(vi)when a person appointed by the court makes a request for the payment of deposited property in the course of duties, and has attached a certificate prepared by a court clerk for the seal affixed to the written request for payment of deposited property or the document certifying the authority of the privately appointed agent to the written request for payment of deposited property.
(4)Notwithstanding the provisions of the main clause of Article 22, paragraph (2), in the case stated in item (ii), item (iv), or item (v) of the preceding paragraph, a requester or a person stated in paragraph (2) is not required to affix their seal to the written request for payment of deposited property (excluding a written request for payment of deposited property prepared using Form No. 26).
(Attaching Documents Certifying the Authority of Representation)
Article 27(1)When requesting the payment of deposited property through an agent, a document certifying the authority of the agent must be attached to the written request for payment of deposited property; provided, however, that for a manager or other registered agents, it is sufficient to present a certificate of registered information certifying that they are agents.
(2)The provisions of the second sentence of Article 14, paragraph (1) apply mutatis mutandis to the case referred to in the preceding paragraph.
(3)The provisions of Article 14, paragraphs (1) through (3) and Article 15 apply mutatis mutandis to a request for payment of deposited property.
(Payment Procedures)
Article 28(1)If a deposit officer finds that there are grounds for requesting payment of deposited money, they must state that they approve the payment on the written request for payment of deposited property and affix their seal. In such a case, the deposit officer must have the requester certify the receipt in the written request, issue a check in compliance with the provisions on the refund of money in custody specified by the Minister of Finance, and deliver it to the requester.
(2)If a written request for payment of deposited property contains the statement referred to in Article 22, paragraph (2), item (v), the deposit officer must conduct the procedures for having the Bank of Japan make the payment of the money in custody in compliance with the provisions on the refund of deposited money specified by the Minister of Finance in lieu of the procedures referred to in the second sentence of the preceding paragraph, and notify the requester or their agent that the procedures have been conducted.
(3)If a written request for payment of deposited property contains the statement referred in Article 22, paragraph (2), item (vi), a deposit officer must conduct the procedures for transferring treasury funds in compliance with the provisions on the payment for transfer of money within the national treasury specified by the Minister of Finance in lieu of the procedures referred to in the second sentence of paragraph (1).
Article 29(1)If a deposit officer finds that there are grounds for requesting payment of deposited securities, they must enter the fact that they will approve the payment in the written request for payment of deposited property, affix their name and seal to one copy of the written request, and deliver it to the requester, affix their seal to the other copy, and, have the requester certify the receipt of the written request for payment of deposited articles that contains the statement on the approval of the payment.
(2)If a deposit officer finds that there are grounds for requesting payment of deposited book-entry Japanese government bonds, they must enter the fact that they will approve the payment in the written request for payment of deposited property, affix their name and seal to one copy of the written request, and deliver it to the requester.
(Special Provisions In the Case of Dividends)
Article 30(1)If payment of a deposited property should be made based on dividends or other decisions of a government agency or a public office, the government agency or the public office must send an entrusted payment document prepared using the Forms 27 through 28-2 to an official depository in accordance with the type of the deposited property, and must deliver a certificate prepared using Form No. 29 to the person who is to receive the payment.
(2)In the case prescribed in the preceding paragraph, if it is not clear from the statement in the entrusted payment document referred to in that paragraph that a person is the person who should receive the payment of deposited property, the person who should receive the payment of deposited property must attach the certificate referred to in that paragraph to the written request for payment of deposited property.
(Ruling to Deny)
Article 31The provisions of Article 21-7 apply mutatis mutandis when the request referred to in Article 22, paragraph (1) is found to be groundless.
Article 32Deleted
Chapter IV Interest on Deposited Money and Coupons
(Interest on Deposited Money)
Article 33(1)The interest rate on deposited money is 0.0012% per year.
(2)The interest on deposited money does not accrue for the month the deposit is accepted and the month payment is made. If the total amount of deposited money is less than 10,000 yen, or the deposited money includes an amount that is less than 10,000 yen, the same applies to the total amount or that amount.
(Payment of Interest on Deposited Money)
Article 34(1)The interest on deposited money is to be paid at the same time as the principal; provided, however, that if the interest may not be paid at the same time as the principal because the beneficiary of the principal is different from the beneficiary of the interest on deposited money, the interest is to be paid after the principal is paid.
(2)If money has been deposited as a guarantee, every year after the last day of the month corresponding to the month in which the deposit has been made, the amount of the interest on deposited money accrued until that day may be paid notwithstanding the provisions of the preceding paragraph.
Article 35(1)A person seeking to receive only the payment of interest on deposited money pursuant to the provisions of the proviso to paragraph (1) of the preceding Article or paragraph (2) of that Article, must submit a written request for interest on deposited money prepared using Form No. 30 to an official depository.
(2)The written request referred to in the preceding paragraph must state the following matters, and the requester, or their representative or administrator or agent must affix their name and seal to the request; provided, however, that if a privately appointed agent has affixed their name to the written request referred to in that paragraph, it is not necessary for the agent to affix their seal to the written request:
(i)the matters stated in Article 22, paragraph (2), item (i), item (v), item (vi), and items (viii) through (xii); and
(ii)the deposited amount.
(3)A document certifying that the person has the right to receive the payment must be attached to the written request referred to in paragraph (1); provided, however, that this does not apply if it is clear from the records in the duplicate file that the person has the right to receive the payment.
(4)The provisions of Article 23, Article 24, paragraph (2), and Article 26 through Article 28 apply mutatis mutandis to the payment of only the interest on deposited money.
(Payment of Coupons)
Article 36(1)If a person that has deposited securities as a guarantee seeks to receive payment of a coupon which has matured, the person must submit two copies of the written request for coupons of deposited securities prepared using Form No. 31 to the official depository.
(2)The following matters must be entered in the written request referred to in the preceding paragraph, and the requester, or their representative, administrator or agent must affix their name and seal to the written request:
(i)the matters stated in Article 22, paragraph (2), item (i), and items (viii) through (xii);
(ii)the name, total face value, face value (if the securities have no face value, that fact), code for the number of issues, serial number, and number of the deposited securities, and maturity date and the number of the requested coupons.
(3)The provisions of Article 23, Article 24, paragraph (2), Article 26, paragraphs (1) through (3), Article 27, Article 29, and Article 35, paragraph (3) apply mutatis mutandis to the payment of coupons.
(Ruling to Deny)
Article 37The provisions of Article 21-7 apply mutatis mutandis when the request referred to in Article 35, paragraph (1) or paragraph (1) of the preceding Article is found to be groundless.
Chapter V Special Provisions on Deposit by Electronic Data Processing Systems
(Deposits by Electronic Data Processing Systems)
Article 38(1)Pursuant to the provisions of Article 6, paragraph (1) of the Act on the Advancement of Government Administration Processes That Use Information and Communications Technology (Act No. 151 of 2002; referred to as the "Act on the Utilization of Information and Communications Technology" below), the following deposit or request (referred to as "deposit or request" below) may be made using an electronic data processing system prescribed in that paragraph; provided, however, that the deposit or request must conform to the conditions specified by the Minister of Justice:
(i)a deposit of money or book-entry Japanese government bonds (including a request of delivery or sending of a document referred to in Article 42, paragraph (1) to be made at the same time as the deposit); and
(ii)a request for payment of deposit money, interest on deposit money, or deposited book-entry Japanese government bonds.
(2)The electronic data processing system specified by order of the competent ministry prescribed in Article 6, paragraph (1) of the Act on the Utilization of Information and Communications Technology means an electronic data processing system that connects a computer used by the deposit officer and a computer used by a person who makes a deposit or request that conforms to the technical standards specified by the Minister of Justice via a telecommunications line.
(Method of Deposit by Electronic Data Processing Systems)
Article 39(1)In order to make a deposit or request pursuant to the provisions of paragraph (1) of the preceding Article, a person seeking to make a deposit or request, or their representative, administrator, or agent (referred to as "applicant or associated persons" below) must transmit information on the matters (excluding the date of the application or request for deposit) (referred to as "written application information" below) that should be stated in a deposit slip or written request pursuant to the provisions of laws and regulations (for a request of payment under the provisions of paragraph (1), item (ii) of the preceding Article, the written application information to which an electronic signature (meaning an electronic signature as defined in Article 2, paragraph (1) of the Act on Electronic Signatures and Certification Business (Act No. 102 of 2000); the same applies below) has been affixed), as specified by the Minister of Justice.
(2)If there is a document that is required to be attached to a deposit slip or written request, or to be presented, pursuant to the provisions of a law or regulation, the applicant or associated persons must transmit information that serves as substitute document and for which the preparer of the information has affixed an electronic signature (referred to as "attached document information" below) as specified by the Minister of Justice; provided, however, that this does not preclude the applicant or associated persons from submitting or presenting that document to an official depository in lieu of transmitting the attached document information.
(3)When transmitting the information referred to in the preceding two paragraphs (for information referred to in paragraph (1), limited to information related to the request for the payment under the provisions of paragraph (1), item (ii) of the preceding Article), the applicant or associated persons must also transmit information certifying the necessary matters for confirming that the preparer of the information is the person who has affixed the electronic signature, and which falls under any of the following certificates:
(i)an electronic certificate prescribed in Article 33-8, paragraph (2) of the Regulations on Commercial Registrations (Ministry of Justice Order No. 23 of 1964) (including as applied mutatis mutandis pursuant to other Ministerial Orders);
(ii)an electronic certificate of the bearer's signature prepared pursuant to the provisions of Article 3, paragraph (1) of the Act on the Authentication Services of the Japan Agency for Local Authority Information Systems in Connection with Electronic Signatures and Electronic User Certificates (Act No. 153 of 2002);
(iii)an electronic certificate with which the person who affixed their electronic signature can be certified, and which is specified by the Minister of Justice as being equivalent to the certificates stated in the preceding two items.
(4)If the person that has affixed the electronic signature referred to in paragraph (1) or (2) is a person that has submitted a seal impression to a registry office based on the provisions of a law or regulation in relation to a request for the payment under the provisions of paragraph (1), item (ii) of the preceding Article, the electronic certificate that is required to be transmitted is limited to the electronic certificate stated in item (i) of the preceding paragraph; provided, however, that this does not apply if there are matters stated in the items of Article 33-3 of Regulations on Commercial Registrations.
(5)If a registered corporation makes a deposit or request under the provisions of paragraph (1) of the preceding Article, and the electronic certificate stated in paragraph (3), item (i) of the representative of the corporation is transmitted together with the written application information (limited to the information related to a request for the payment under the provisions of paragraph (1), item (ii) of the preceding Article) or information that should serve as a substitute for a document certifying the authority of the agent, the provisions of Article 14, paragraph (1) (including as applied mutatis mutandis pursuant to Article 27, paragraph (3) (including as applied mutatis mutandis pursuant to Article 35, paragraph (4) and Article 42, paragraph (3))) do not apply to the deposit or request.
(6)When a privately appointed agent (limited to when the agent is a registered corporation) makes a request for the payment under the provisions of paragraph (1), item (ii) of the preceding Article, and the electronic certificate stated in paragraph (3), item (i) concerning the corporation's representative is transmitted together with the written application information, the agent is not required to attach a certificate of registered information certifying the capacity of the representative, notwithstanding the provisions of Article 27, paragraph (1) (including as applied mutatis mutandis pursuant to Article 35, paragraph (4)).
(7)If a manager or other registered agents request the payment under the provisions of paragraph (1), item (ii) of the preceding Article, and the electronic certificate stated in paragraph (3), item (i) of that person is transmitted together with the written application information, the provisions of Article 27, paragraph (1) (including as applied mutatis mutandis pursuant to Article 35, paragraph (4)) do not apply to that request.
(8)If a person makes a deposit of money under the provisions of paragraph (1), item (i) of the preceding Article, and requests a written notice of deposit under the provisions of Article 16, paragraph (1) to be sent, the person must record the fact that they will make the request in the written application information.
(Special Provisions on the Submission of Certificates of Capacity When Making Deposits)
Article 39-2(1)If a registered corporation makes a deposit under the provisions of Article 38, paragraph (1), item (i), and the corporation's representative affixes an electronic signature to the written application information, and, transmits the electronic certificate stated in paragraph (3), item (i) of the preceding Article related to the representative together with the written application information, the corporation is not required to present a certificate of registered information certifying the capacity of the representative, notwithstanding the provisions of Article 14, paragraph (1).
(2)If a deposit under the provisions of Article 38, paragraph (1), item (i) is made through a privately appointed agent (limited to when the agent is a registered corporation), and the agent affixes an electronic signature to the written application information, and, transmits the electronic certificate stated in paragraph (3), item (i) of the preceding Article related to the agent together with the written application information, the agent is not required to present a certificate of registered information certifying the agent's capacity, notwithstanding the provisions of Article 14, paragraph (4).
(3)If a manager or other registered agents make a deposit under the provisions of Article 38, paragraph (1), item (i), and affix their electronic signature to the written application information, and, transmits the electronic certificate stated in paragraph (3), item (i) of the preceding Article related to that person together with the written application information, it is not required to present a certificate of registered information certifying the authority of the agent, notwithstanding the provisions of Article 14, paragraph (4).
(Special Provisions on Procedures for Accepting Deposits of Money)
Article 40(1)If the written application information related to deposit of money has been transmitted pursuant to the provisions of Article 39, paragraph (1), the provisions of Article 13-2 and Article 16, paragraph (4) apply by deeming that the deposit slip has been submitted to the official depository pursuant to the provisions of Article 13, paragraph (1). In such a case, the application referred to in Article 20-3, paragraph (1) (if the person seeking to make a deposit of money is the national government, the application referred to in that paragraph or the application referred to in Article 20-4, paragraph (1), depending on the person's choice) is deemed to have been made.
(2)In the case referred to in the preceding paragraph, if a depositor pays the deposit money by the payment date referred to in Article 20-3, paragraph (2) based on the payment information referred to in paragraph (1) of that Article, or pays the deposit money by the payment date referred to in Article 20-4, paragraph (2) through the procedures referred to in paragraph (1) of that Article, and, requests the submission of an electronic or magnetic record related to an authenticated copy of the deposit slip, a deposit officer must provide the electronic or magnetic record by using an electronic data processing system prescribed in Article 6, paragraph (1) of the Act on the Utilization of Information and Communications Technology pursuant to the provisions of Article 7, paragraph (1) of that Act.
(3)If a deposit officer seeks to provide an electronic or magnetic record of an authenticated copy of the deposit slip pursuant to the provisions of the preceding paragraph, and when the information related to the electronic or magnetic record has been recorded on a file stored on the computer used by the deposit officer, and the person that is to receive the electronic or magnetic record does not record the information stored on a file of the computer they use within 30 days from the time it has become possible to send the information using an electronic data processing system, notwithstanding the provisions of that paragraph, the deposit officer is not required to provide that electronic or magnetic record.
(Special Provisions on Procedures for Accepting Deposits of Book-Entry Japanese Government Bonds)
Article 41The provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis when the written application information related to the deposit of book-entry Japanese government bonds has been transmitted pursuant to the provisions of Article 39, paragraph (1) and the increase in the amount of deposited book-entry Japanese government bonds has been entered or recorded in the account of an official depository pursuant to the provisions of Article 19.
(Delivery of a Document Deemed to Be an Authenticated Copy of the Deposit Slip)
Article 42(1)If a depositor has requested the provision of an electronic or magnetic record of an authenticated copy of the deposit slip pursuant to the provisions of Article 40, paragraph (2) (including as applied mutatis mutandis pursuant to the preceding Article), they may request the deposit officer to deliver a document that states the matters recorded in the electronic or magnetic record and to which the deposit officer has affixed their name and seal; provided, however, that this does not apply if the depositor has already been delivered the document.
(2)A person seeking to request the delivery of the document referred to in the preceding paragraph must submit a written request prepared using Form No. 32.
(3)The provisions of Article 9-2, paragraphs (1) through (3), and paragraph (5) apply mutatis mutandis to the return of documents attached to a written request, and the provisions of Article 26 and Article 27 apply mutatis mutandis to the request for delivery of the document referred to in paragraph (1).
(4)The document referred to in paragraph (1) is deemed to be an authenticated copy of the deposit slip when applying the provisions of Article 21-3 through Article 21-5 (including as applied mutatis mutandis pursuant to Article 21-6, paragraph (1)) and applying the provisions of other laws and regulations.
(Special Provisions on Procedures for the Payment of Deposited Money or Interest on Deposited Money)
Article 43(1)When requesting the payment of deposited money or interest on deposited money pursuant to the provisions of Article 38, paragraph (1), item (ii), the payment must be made by the method of transfer to a savings account or the method of a transfer of treasury funds.
(2)When the written application information related to the request referred to in the preceding paragraph is transmitted pursuant to the provisions of Article 39, paragraph (1), and the deposit officer finds there are grounds for the request, they must state that they will approve the payment in a paper on which the content of the written application information has been output and affix their seal, notwithstanding the provisions of the first sentence of Article 28, paragraph (1) (including as applied mutatis mutandis pursuant to Article 35, paragraph (4)).
(Special Provisions on Procedures for the Payment of Deposited Book-Entry Japanese Government Bonds)
Article 44(1)When the written application information related to a request for the payment of deposited book-entry Japanese government bonds has been transmitted pursuant to the provisions of Article 39, paragraph (1), it is deemed that two copies of the written request for payment of deposited property have been submitted to an official depository, notwithstanding the provisions of Article 22, paragraph (1).
(2)In the case prescribed in the preceding paragraph, if the deposit officer finds that there are grounds to the request, the deposit officer must state that they will authorize the payment in a paper on which the content of the written application information has been output and notify the requester of that fact.
(Special Provisions on Procedures for Denial)
Article 45When a deposit officer denies a deposit or request under the provisions of Article 38, paragraph (1), they may provide the applicant or associated persons with an electronic or magnetic record on the written decision on denial by using an electronic data processing system prescribed in Article 6, paragraph (1) of the Act on the Utilization of Information and Communications Technology pursuant to the provisions of Article 7, paragraph (1) of that Act.
(Electronic Data Processing System Concerning Disposition Notices)
Article 45-2(1)The electronic data processing system specified by order of the competent ministry which is prescribed in Article 7, paragraph (1) of the Act on the Utilization of Information and Communications Technology means an electronic data processing system that connects the computer used by a deposit officer and the computer used by a depositor or the applicant or associated persons which conforms to the technical standards specified by the Minister of Justice via a telecommunications line.
(2)The method specified by order of the competent ministry which is prescribed in the proviso to Article 7, paragraph (1) of the Act on the Utilization of Information and Communications Technology is to be either of the following methods:
(i)a notification given as provided for by the Minister of Justice stating that a person wishes to receive the provision of an electronic or magnetic record of an authenticated copy of the deposit slip by the method of using an electronic data processing system; or
(ii)entering of an identification number and a PIN code using the electronic data processing system referred to in the preceding paragraph.
(Measures to Clarify Names)
Article 46The measures to clarify the names prescribed in Article 6, paragraph (4) or Article 7, paragraph (4) of the Act on the Utilization of Information and Communications Technology which is specified by order of the competent ministry is an electronic signature by the person who is to affix the signature, etc. (for a deposit under the provisions of Article 38, paragraph (1), item (i), the measures to enter the information related to the name of the applicant or associated persons)
Chapter VI Miscellaneous Provisions
(Submission of Written Acceptance)
Article 47The obligee of a deposit for performance of obligations may submit a document stating that they will accept the deposit or a certified copy of the final and binding judgment which pronounces that the deposit is valid to the official depositary.
(Inspection of Documents on Deposits)
Article 48(1)A person who has an interest in a deposit may request to inspect the documents on a deposit (including a paper on which an electronic or magnetic record has been output).
(2)A person seeking to request an inspection of documents must submit a written application prepared using Form No. 33.
(3)The provisions of Article 9-2, paragraphs (1) through (3), and paragraph (5) apply mutatis mutandis to the return of documents attached to a written application, and the provisions of Article 26 and Article 27 apply mutatis mutandis to a request for inspection.
(Certification of Matters Concerning Deposits)
Article 49(1)A person with an interest in a deposit may request certification of the matters concerning the deposit.
(2)A person seeking to request certification must submit a written application prepared using Form No. 34.
(3)Documents stating the matters for which certification is to be requested must be attached to the written application referred to in the preceding paragraph in accordance with the number of requests for certification.
(4)The provisions of Article 9-2, paragraphs (1) through (3), and paragraph (5), apply mutatis mutandis to the return of documents attached to a written application, and the provisions of Article 26 and Article 27 apply mutatis mutandis to a request for certification.
(Request for Sending of Documents)
Article 50(1)A person stated in the following items may request the sending of the documents specified in each of those items by paying the cost required for sending them:
(i)a person who requests the return of documents pursuant to the provisions of Article 9-2, paragraph (1) (including as applied mutatis mutandis pursuant to Article 42, paragraph (3) and paragraph (4) of the preceding Article): that document;
(ii)a person to whom an authenticated copy of the deposit slip and a payment slip for money in custody, or a deposit agreement for deposited securities, are delivered pursuant to the provisions of Article 18, paragraph (1): the authenticated copy of the deposit slip and the payment slip for money in custody, or the deposit agreement for deposited securities;
(iii)a person to whom an authenticated copy of the deposit slip is delivered pursuant to the provisions of Article 19, paragraph (3), the first sentence of Article 20, paragraph (2), the first sentence of Article 20-2, paragraph (4), the first sentence of Article 20-3, paragraph (4), the first sentence of Article 20-4, paragraph (4), or Article 21-5, paragraph (3) (including as applied mutatis mutandis pursuant to Article 21-6, paragraph (1)): the authenticated copy of the deposit slip;
(iv)a person to whom an authenticated copy of the written request for substitute deposits or written request for deposits to which interests and dividends are attached, a payment slip for money in custody, and a written request for payment are delivered pursuant to the provisions of Article 21, paragraph (4): the authenticated copy, the payment slip for money in custody, and the written request for payment;
(v)a person to whom a written request for payment of deposited property are delivered pursuant to the provisions of Article 29, paragraph (2): the written request for payment of deposited property;
(vi)a person who requests delivery of the document referred to in Article 42, paragraph (1) pursuant to the provisions of that paragraph: the document; and
(vii)a person who requests a certification pursuant to the provisions of paragraph (1) of the preceding Article: the document related to that certification.
(2)In the case referred to in the preceding paragraph, the costs required for sending documents must be paid by postage stamp or voucher referred to in Article 16, paragraph (2).
Forms No. 1 through No. 34: Omitted
Forms No. 1 through No. 12: Omitted