Act No. 299 of August 5, 1952
Export and Import Transaction Act
Table of Contents
Chapter I General Provisions
(Articles 1 and 2)
Chapter II Fair Export Transactions
(Articles 3 and 4)
Chapter III Agreement on Export
(Articles 5 to 7)
Chapter IV Exporters Partnerships
(Articles 8 to 19)
Chapter V Importers Partnerships
(Articles 19-2 to 27)
Chapter VI Orders Concerning Export
(Articles 28 to 32-2)
Chapter VII Miscellaneous Provisions
(Articles 33 to 40-2)
Chapter VIII Penal Provisions
(Articles 41 to 51)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1
The purpose of this Act is to prevent Unfair Export Transactions and establish order in export and import transactions, thereby promoting the sound development of foreign trade.
(Definitions)
Article 2
The term "Unfair Export Transaction" as used in this Act means the following:
-
(i)
export transactions of goods that are likely to infringe industrial property rights or copyrights protected under laws and regulations of the destination country;
-
(ii)
export transactions of goods carrying a false indication of the place of origin;
-
(iii)
export of goods that significantly fail to satisfy the requirements provided in export contracts; and
-
(iv)
beyond what is set forth in the preceding items, export transactions which are contrary to fair commercial customs in an international transaction and which are specified by Cabinet Order.
Chapter II Fair Export Transactions
(Prohibition of Unfair Export Transactions)
Article 3
Exporters must not engage in Unfair Export Transactions.
(Sanctions)
Article 4
(1)
The Minister of Economy, Trade and Industry may issue an admonition to exporters who have violated the provisions of the preceding Article.
(2)
If an exporter violates the provisions of the preceding Article and such violation is found to seriously damage the international reputation of Japanese exporters, the Minister of Economy, Trade and Industry may order the exporter to suspend the export of goods for a period of not more than one year, while designating the item of goods or the destination, in lieu of issuing an admonition under the provisions of the preceding paragraph, unless the exporter proves that the violation was not committed intentionally or with negligence.
(3)
When the Minister of Economy, Trade and Industry has made the dispositions under the preceding two paragraphs, the Minister may make such fact public.
Chapter III Agreement on Export
(Agreement by Exporters on Export Transactions)
Article 5
(1)
Exporters may enter into an agreement with regard to the price, quantity, quality, design and other matters in export transactions on the specific type of goods to be exported to a specific destination, by notifying the Minister of Economy, Trade and Industry of the agreement no later than ten days prior to the date of execution.
(2)
When the notification under the provisions of the preceding paragraph is made, and the Minister of Economy, Trade and Industry finds that the agreement reported in the notification fails to comply with the following items, before the execution of the agreement, the Minister must order the exporters to modify the agreement or prohibit them from entering into the agreement:
-
(i)
there is no risk that the agreement will violate any treaties or other arrangements concluded with foreign governments or international organizations;
-
(ii)
there is no risk that the agreement will harm the interests of the importers or related persons doing business at the destination or seriously damage the international reputation of Japanese exporters;
-
(iii)
beyond what is referred to in the preceding two items, there is no risk that the agreement will hinder the sound development of export trade;
-
(iv)
the content of the agreement is not unfairly discriminatory;
-
(v)
the agreement does not unfairly restrict the participation in or withdrawal from it; and
-
(vi)
there is no risk that the agreement will unduly harm the interests of related persons engaged in agriculture, forestry and fisheries, related persons running small and medium-sized enterprises or other related persons doing business, or of general consumers.
(Order of the Modification of Agreement)
Article 6
If the Minister of Economy, Trade and Industry finds that an agreement entered into by exporters by making the notification under the provisions of Article 5, paragraph (1) no longer complies with the items of paragraph (2) of the relevant Article, the Minister must order the exporters to modify or repeal the agreement.
(Notification of the Repeal of Agreement)
Article 7
If exporters repeal the agreement entered into by making the notification under the provisions of Article 5, paragraph (1), they must notify the Minister of Economy, Trade and Industry of such fact without delay.
Chapter IV Exporters Partnerships
(Legal Personality)
Article 8
An exporters partnership is a corporation.
(Principles)
Article 9
An exporters partnership must satisfy the following requirements:
-
(i)
it is not a for-profit organization;
-
(ii)
it allows voluntary participation or withdrawal of its members; and
-
(iii)
its members have equal rights to vote and elect.
(Name)
Article 10
(1)
An exporters partnership must use the characters "輸出組合" (pronounced "yushutsu kumiai" (referring to "exporters partnership")) as part of its name.
(2)
No person other than an exporters partnership may use the term "輸出組合" (pronounced "yushutsu kumiai" (referring to "exporters partnership ")) as part of its name.
(Activities)
Article 11
(1)
An exporters partnership may engage in the following activities;
provided, however, that if the exporters partnership is not an exporters partnership that requires its members to make contributions (hereinafter referred to as a "Contribution-based Exporters Partnership"), such exporters partnership (hereinafter referred to as a "Non-Contribution-based Exporters Partnership") may not engage in the activities referred to in items (vi) or (vii):
-
(i)
prevention of Unfair Export Transactions by the exporters partnership's affiliates (meaning persons who directly or indirectly constitute the exporters partnership; the same applies hereinafter);
-
(ii)
maintenance and development of overseas markets concerning exports, including research, advertisement, and intermediation concerning exports;
-
(iii)
improvement of the price, quality, design and other matters of the goods to be exported;
-
(iv)
settlement of complaints and disputes concerning exports;
-
(v)
activities incidental to those referred to in the preceding items;
-
(vi)
beyond what is set forth in the preceding four items, facilities for promoting the common interests of the exporters partnership's affiliates; and
-
(vii)
lending of funds to members (including the discounting of negotiable instruments) and borrowing of funds for the benefit of the members.
(2)
Beyond what is provided for in the preceding paragraph, an exporters partnership may establish rules to be observed by its members with regard to the price, quantity, quality, design and other matters in export transactions of specific type of goods to be exported to a specific destination, as provided for in the articles of incorporation, by notifying the Minister of Economy, Trade and Industry of such rules no later than ten days prior to the date of establishment of the rules.
(3)
The provisions of Article 5, paragraph (2), Article 6, and Article 7 apply mutatis mutandis to the rules to be observed by members as referred to in the preceding paragraph.
(Qualification for Membership)
Article 12
A person who is qualified to have membership with an exporters partnership is either of the following persons, and one who is specified by the articles of incorporation:
-
(i)
exporter; and
-
(ii)
exporters partnership.
(Contribution)
Article 12-2
An exporters partnership may require its members to make a contribution thereto, as provided for by the articles of incorporation
(Founders)
Article 13
In order to form an exporters partnership consisting of exporters, at least 30 exporters who intend to be its members need to be founders, and in order to form any other type of exporters partnership, at least two exporters partnerships, or at least ten exporters with at least one exporters partnership, all of whom intend to be its members, need to be founders.
(Approval for Formation)
Article 14
(1)
The founders must apply to the Minister of Economy, Trade and Industry for approval of formation after the conclusion of the organizational meeting without delay, by submitting the articles of incorporation and a document containing an activity plan, the names and addresses of officers and other necessary information.
(2)
When an application for approval is filed as referred to in the preceding paragraph, the Minister of Economy, Trade and Industry must grant approval if the Minister finds that the exporters partnership to be formed complies with the following items:
-
(i)
it satisfies the requirements referred to in the items of Article 9;
-
(ii)
the formation procedure and the contents of the articles of incorporation and the activity plan do not violate any laws or regulations; and
-
(iii)
its formation contributes to the establishment of order in export transactions.
(Articles of Incorporation)
Article 15
(1)
The articles of incorporation of an exporters partnership must contain at least the following particulars;
provided, however, that the particulars referred to in items (v)-2 through (v)-4 need not be specified or recorded in the articles of incorporation of a Non-Contribution-based Exporters Partnership:
-
(i)
activities;
-
(ii)
name;
-
(iii)
location of the office;
-
(iv)
provisions concerning the qualification for membership;
-
(v)
provisions concerning participation and withdrawal of members;
-
(v)-2
unit amount of contribution and payment method thereof;
-
(v)-3
provisions concerning appropriation of surplus and disposition of loss;
-
(v)-4
amount of reserve fund and funding method thereof;
-
(vi)
provisions concerning rights and obligations of members;
-
(vii)
provisions concerning the execution of activities;
-
(viii)
provisions concerning officers;
-
(ix)
provisions concerning meetings;
-
(x)
provisions concerning accounting; and
-
(xi)
method of public notice (meaning a method by which an exporters partnership gives public notice (excluding the public notice that must be given by way of publication in the Official Gazette pursuant to the provisions of this Act or any other laws); the same applies hereinafter).
(2)
Beyond the particulars set forth in the items of the preceding paragraph, the duration of the exporters partnership or the grounds for its dissolution must be specified or recorded in the articles of incorporation of the exporters partnership if such duration or grounds have been specified; and the name of the person making a contribution in kind, the property to be contributed and the value thereof, and the number of units of contribution to be offered in exchange for the contribution in kind must be specified or recorded in the relevant articles of incorporation if such person has been designated.
(3)
An exporters partnership may designate in the articles of incorporation any of the following methods as a method of public notice, beyond the method of posting the notice at the office of the exporters partnership:
-
(i)
publication in the Official Gazette;
-
(ii)
publication in a daily newspaper which publishes matters on current events; or
-
(iii)
Electronic Public Notice (meaning a method of public notice, which is to implement measures which make the information that should be given in public notice available to the general public by an electronic or magnetic means (meaning the electronic or magnetic means provided in Article 2, item (xxxiv) of the Companies Act (Act No. 86 of 2005)), as specified by the relevant item: the same applies hereinafter).
(4)
If an exporters partnership provides in the articles of incorporation that it adopts the method set forth in item (iii) of the preceding paragraph as a method of public notice, it would be sufficient to stipulate in the relevant articles of incorporation that the method used is through an Electronic Public Notice.
In this case, the exporters partnership may designate either of the methods set forth in item (i) or item (ii) of the relevant paragraph as a method of public notice which is to be employed when it is unable to give an Electronic Public Notice due to an accident or any other unavoidable circumstances.
(5)
When an exporters partnership gives an Electronic Public Notice, it must maintain the Electronic Public Notice until the dates specified in the following items according to the categories set forth respectively in these items:
-
(i)
public notice to the effect that objections may be stated within the period specified therein:
the day on which that period expires; or
-
(ii)
public notice other than that set forth in the preceding item:
the day on which one month has passed since the commencement of the public notice.
(6)
When an exporters partnership gives public notice under the provisions of this Act or other laws and regulations by an Electronic Public Notice, the provisions of Article 940, paragraph (3) (Interruption of Electronic Public Notice), Article 941, Article 946, Article 947, Article 951, paragraph (2), Article 953 and Article 955 (Electronic Public Notice Investigations, etc.) of the Companies Act apply mutatis mutandis.
In this case, the phrase "Notwithstanding the provisions of the preceding two paragraphs, during the period in which public notice must be given by way of electronic public notice pursuant to these provisions" in Article 940, paragraph (3) of the relevant Act are deemed to be replaced with "Notwithstanding the provisions of Article 15, paragraph (5) of the Export and Import Transaction Act, during the period in which public notice must be given by way of Electronic Public Notice pursuant to the same paragraph," and other necessary technical replacement of terms is specified by Cabinet Order.
(7)
Beyond the particulars set forth in the items of paragraph (1) and the particulars provided in paragraph (2), particulars that would not become effective unless provided in articles of incorporation pursuant to the provisions of this Act and any other particulars that do not violate this Act may be specified or recorded in the articles of incorporation of an exporters partnership.
(Change to a Contribution-based Exporters Partnership)
Article 16
(1)
A Non-Contribution-based Exporters Partnership may change into a Contribution-based Exporters Partnership by modifying the articles of incorporation.
(2)
The provisions of Article 29, paragraphs (1) through (3) (First Payment of Contribution) of the Small and Medium-Sized Enterprise Cooperatives Act (Act No. 181 of 1949) apply mutatis mutandis to the change to a Contribution-based Exporters Partnership under the provisions of the preceding paragraph.
In this case, the phrase "after taking over the management of the cooperative pursuant to the provisions of the preceding Article" in paragraph (1) of the relevant Article is deemed to be replaced with "after approval is granted as referred to in Article 51, paragraph (2) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) of the Export and Import Transaction Act with regard to the modification to the articles of incorporation concerning the change to a Contribution-based Exporters Partnership," and the phrase "the cooperative has been established" in paragraph (3) of the relevant Article is deemed to be replaced with "registration under the provisions of Article 16, paragraph (3) of the Export and Import Transaction Act has been completed at the location of the principal office."
(3)
When an exporters partnership changes into a Contribution-based Exporters Partnership, the partnership must complete the registration of information that should be registered additionally upon the modification of the articles of incorporation at the location of its principal office, within two weeks from the day on which the first payment of contribution has been made.
(4)
The change to a Contribution-based Exporters Partnership under the provisions of paragraph (1) becomes effective when registration under the provisions of the preceding paragraph is completed at the location of the principal office.
(5)
An application form for registration under the provisions of paragraph (3) must be accompanied by a document proving the change to a Contribution-based Exporters Partnership and a document proving the total amount of units of contribution and the fact that the first payment of contribution has been made.
(6)
Notwithstanding the provisions of Article 55, paragraph (6) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1), the general meeting of representatives may not decide on a modification to the articles of incorporation concerning the change to a Contribution-based Exporters Partnership.
(Becoming a Non-Contribution-based Exporters Partnership)
Article 17
(1)
A Contribution-based Exporters Partnership may change into a Non-Contribution-based Exporters Partnership by modifying the articles of incorporation.
(2)
The provisions of paragraphs (3) through (6) of the preceding Article and the provisions of Articles 20 through 22 (Refund of Equity Interest) and Articles 56 through 57 (Reduction of the Unit Amount of Contribution) of the Small and Medium-Sized Enterprise Cooperatives Act apply mutatis mutandis to the change to a Non-Contribution-based Exporters Partnership under the provisions of the preceding paragraph.
In this case: in paragraph (3) of the preceding Article, the phrase "day on which the first payment of contribution has been made" is deemed to be replaced with "day on which approval has been granted as referred to in Article 51, paragraph (2) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) with regard to the modification to the articles of incorporation concerning the change to a Non-Contribution-based Exporters Partnership under the provisions of paragraph (1) of the following Article," and the phrase "it must complete the registration of information that should be registered additionally" is deemed to be replaced with "it must cancel the registration of information that no longer needs to be registered"; in paragraph (5) of the relevant Article, the phrase "document proving the total amount of units of contribution and the fact the first payment of contribution has been made" is deemed to be replaced with "document proving that the exporters partnership has given public notice and notice to known creditors under the provisions of Article 56-2, paragraph (2) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to paragraph (2) of the following Article (in the case of an exporters partnership which has given public notice by way of publication in a daily newspaper which publishes matters on current events or Electronic Public Notice in addition to publication in the Official Gazette pursuant to the provisions of Article 56-2, paragraph (3) of the relevant Act, the public notice given by either of these methods), and, if any creditor has stated an objection, the fact that the exporters partnership has made payment or provided reasonable security to the relevant creditor or has entrusted equivalent property for the purpose of having the creditor receive payment, or the fact that there is no risk of harm to the creditor due to the change to the Non-Contribution-based Exporters Partnership"; in Article 20, paragraph (2) of the Small and Medium-Sized Enterprise Cooperatives Act, the phrase "at the end of the business year in which the member withdrew" is deemed to be replaced with "at the time of the change to a Non-Contribution-based Exporters Partnership"; and in Article 56, paragraph (2), item (ii) of the relevant Act, the term "order of the competent ministry" is replaced with "Order of the Ministry of Economy, Trade and Industry."
(3)
With regard to the application of the provisions of the Income Tax Act (Act No. 33 of 1965), the Corporation Tax Act (Act No. 34 of 1965), and the Local Tax Act (Act No. 226 of 1950) when a Contribution-based Exporters Partnership changes into a Non-Contribution-based Exporters Partnership pursuant to the provisions of paragraph (1), the Contribution-based Exporters Partnership is deemed to be dissolved when it changes into the Non-Contribution-based Exporters Partnership.
(Dissolution)
Article 18
The Minister of Economy, Trade and Industry may order the dissolution of an exporters partnership when the Minster finds that the exporters partnership falls under any of the following items:
-
(i)
the exporters partnership no longer complies with the items of Article 14, paragraph (2); or
-
(ii)
the exporters partnership engages in an activity other than those provided in the articles of incorporation.
(Application Mutatis Mutandis)
Article 19
(1)
The following provisions of the Small and Medium-Sized Enterprise Cooperatives Act apply mutatis mutandis to exporters partnerships: Article 4, paragraph (2) (Domicile), Article 9-2, paragraph (3) (Business Cooperatives and Minor Business Cooperatives), Articles 10-2 through 14, Article 19 (excluding paragraph (1), item (iv)) (Member), Article 27, Article 28, Article 30, Article 32 (Formation), Article 34 (Constitution), Article 34-2 (Keeping and Inspection of the Articles of Incorporation), Article 35 (excluding paragraph (5)), Articles 35-2 through 36-3, Articles 36-5 through 36-8, Article 37, paragraph (1), Articles 38 through 40, Articles 41 through 45 (Officers, etc.), Articles 46 through 52, Article 53 (excluding item (v)), Articles 53-2 through 55 (General Meeting and General Meeting of Representatives), Article 57-5 (Restriction on Investment of Surplus Funds), Article 57-6 (Accounting Principles), Article 62, paragraphs (1) and (2), Articles 63 through 63-3, Article 63-4, paragraph (3), the main clause of Article 63-5, paragraph (3), Article 63-6, paragraph (3), Article 64, paragraphs (1) through (5), Articles 65 through 67, Article 68, paragraph (1), Article 69 (Dissolution, Liquidation and Merger), Articles 83 through 103 (excluding Article 84, paragraph (2), items (iii) and (v), and paragraphs (3) and (4), Article 85, paragraph (2), Article 86, item (ii), Article 87, item (ii), Article 92, item (ii), Article 96, paragraph (2), Article 98, paragraph (2), item (ii), and Article 99, paragraph (2)) (Registration), and Article 104, Article 105, Article 105-3, paragraph (2), Article 105-4, paragraphs (1), (6), and (7), and Article 106, paragraph (1) (Miscellaneous Provisions).
In this case: in Article 10-2, paragraph (3), item (ii), Article 11, paragraph (3), Article 27, paragraph (7), Article 34-2, paragraph (2), item (ii) and paragraph (3), Article 36-3, paragraphs (2), (3), and (5), Article 36-7, paragraphs (1), (2), and (4), and paragraph (5), item (ii), Article 38-2, paragraphs (5) and (8), Article 39, Article 40, paragraphs (1), (2), (5) (7), and (11), and paragraph (12), item (iii), Article 41, paragraph (1) and paragraph (3), item (ii), Article 47, paragraph (4), Article 51, paragraph (4), Article 53-2, Article 53-4, paragraphs (1) and (3), and paragraph (4), item (ii), Article 57-5, Article 63-2, item (vi), Article 63-3, item (v), and Article 69 of the relevant Act, the term "order of the competent ministry" is deemed to be replaced with "Order of the Ministry of Economy, Trade and Industry"; in Article 28 of the relevant Act, the phrase "paragraph (1) of the preceding Article" is deemed to be replaced with "Article 14, paragraph (1) of the Export and Import Transaction Act"; in Article 35-2, Article 48, Article 51, paragraph (2), Article 57-5, Article 62, paragraph (2), Article 65, paragraph (1), Article 66, paragraph (1), Article 96, paragraph (5), Article 104, Article 105, Article 105-3, paragraph (2), Article 105-4, paragraph (1), and Article 106, paragraph (1) of the relevant Act, the term "administrative agency" is deemed to be replaced with "Minister of Economy, Trade and Industry"; in Article 51, paragraph (1) of the relevant Act, the phrase "(ii) Establishment of, a change to, or repeal of the constitution, mutual aid rules or fire mutual aid rules" is deemed to be replaced with "(ii) Establishment of, a change to, or repeal of the constitution; (ii)-2 Establishment or repeal of the rules to be observed by members referred to in Article 11, paragraph (2) of the Export and Import Transaction Act"; in Article 53, item (iv) of the relevant Act, the phrase "Transfer of all activities of the cooperative" is deemed to be replaced with "Establishment or repeal of the rules to be observed by members referred to in Article 11, paragraph (2) of the Export and Import Transaction Act"; in Article 55, paragraph (1) of the relevant Act, the number "200" is replaced with "100"; in paragraph (3) of the relevant Article, the number "one-tenth" is deemed to be replaced with "one-fifth" and the number "1,000" is deemed to be replaced with "500"; in paragraph (7) of the relevant Article, the phrase "item (ii) or item (iv)" is deemed to be replaced with "item (ii)"; in Article 62, paragraph (1), item (v) and Article 96, paragraph (5) of the Act, the phrase "Article 106, paragraph (2)" is deemed to be replaced with "Article 18 of the Export and Import Transaction Act"; in Article 84, paragraph (1) of the relevant Act, the phrase "payment of a contribution under the provisions of Article 29" is deemed to be replaced with "approval referred to in Article 14, paragraph (1) of the Export and Import Transaction Act" with regard to a Non-Contribution-based Exporters Partnership; in Article 97, paragraph (2) of the relevant Act, the phrase "business cooperative registry, a minor business cooperative registry, a fire mutual aid cooperative registry, a credit cooperative registry, a registry of federations of cooperatives, a joint enterprise cooperative registry, and a registry of federations of small business associations" is deemed to be replaced with "exporters partnership registry; in Article 98, paragraph (2), item (i) of the relevant Act, the phrase ", and a document proving the total number of units of contribution and the fact that there has been the payment of a contribution under the provisions of Article 29" is deemed to be deleted with regard to a Non-Contribution-based Exporters Partnership; and other necessary technical replacement of terms is specified by Cabinet Order.
(2)
The following provisions of the Small and Medium-Sized Enterprise Cooperatives Act apply mutatis mutandis to Contribution-based Exporters Partnerships: Article 9-2, paragraph (10) (Business Cooperatives and Minor Business Cooperatives), Article 10, paragraph (1), paragraph (2), paragraph (3) (excluding the proviso), and paragraphs (4) through (6) (Contribution), Articles 15 through 18 (Membership and Withdrawal, etc.), Articles 20 through 23 (Equity Interest, etc.), Articles 29, paragraphs (1) through (3) (First Payment of Contribution), Articles 56 through 57 (Reduction of the Unit Amount of Contribution), Articles 58, paragraphs (1) through (3) (Reserve Fund), Article 59, paragraphs (1) and (2), Article 60, Article 61 (Dividend of Surplus), Article 63-4 (excluding paragraph (3)), Article 63-5 (excluding the main clause of paragraph (3)), Article 63-3 (excluding paragraph (3)), Article 64, paragraphs (6) through (8) (Procedure for Merger), and Article 84, paragraph (2), item (v), Article 85, paragraph (2), Article 96, paragraph (2), and Article 96, paragraph (2) (Registration).
In this case: in Article 10, paragraph (3) of the relevant Act, the phrase "25 percent (ten percent in the case of a credit cooperative) of the total number of units of contribution" is deemed to be replaced with "ten percent of the total number of units of contribution"; in paragraph (4) of the relevant Article, the number "three" is deemed to be replaced with "nine"; in Article 18, paragraph (1) of the relevant Act, the clause is deemed to be followed by "provided, however, that if a Contribution-based Exporters Partnership changes into a Non-Contribution-based Exporters Partnership pursuant to the provisions of Article 17, paragraph (1) of the Export and Import Transaction Act, a member may withdraw at the time of the change by giving notice by the day preceding the date of the change"; in Article 20, paragraph (2) of the relevant Act, the clause is deemed to be followed by "provided, however, that if a Contribution-based Exporters Partnership changes into a Non-Contribution-based Exporters Partnership pursuant to the provisions of Article 17, paragraph (1) of the Export and Import Transaction Act, the equity interest is decided based on the exporters partnership's property at the time of the change"; in Article 56, paragraph (2), item (ii), Article 63-4, paragraph (1) and paragraph (2), items (iii) and (iv), Article 63-5, paragraph (1), paragraph (2), item (iii), paragraph (8), and paragraph (10), item (iii), Article 63-6, paragraph (1) and paragraph (2), item (iii), and Article 64, paragraph (6), and paragraph (8), item (iii), the term "order of the competent ministry" is deemed to be replaced with "Order of the Ministry of Economy, Trade and Industry."
Chapter V Importers Partnerships
(Legal Personality)
Article 19-2
An importers partnership is a company.
Article 19-3
Deleted
(Activities)
Article 19-4
An importers partnership may engage in the following activities;
provided, however, that the importers partnership is not an importers partnership that requires its members to make contributions (hereinafter referred to as a "Contribution-based Importers Partnership"), such importers partnership (hereinafter referred to as a "Non-Contribution-based Importers Partnership") may not engage in the activities referred to in item (v):
-
(i)
maintenance and development of overseas markets concerning imports, including research and intermediation concerning imports;
-
(ii)
improvement of the price, quality, and other matters of the goods to be imported;
-
(iii)
settlement of complaints and disputes concerning imports;
-
(iv)
activities incidental to those referred to in the preceding items; and
-
(v)
beyond what is set forth in the preceding four items, facilities for promoting the common interests of the members of the importers partnership.
(Qualification for Membership)
Article 19-5
A person who is qualified to have membership with an importers partnership is an importer who is specified by the articles of incorporation.
(Application Mutatis Mutandis)
Article 19-6
The provisions of Chapter IV (excluding Articles 8, 11, and 12) apply mutatis mutandis to an importers partnership. In this case, the number "30" in Article 13 is deemed to be replaced with "10," and the term "exporters partnership registry" in Article 19, paragraph (1) is deemed to be replaced with "importers partnership registry."
Articles 20 through 27
Deleted
Chapter VI Orders Concerning Export
(Order Concerning Export)
Article 28
(1)
When the export value of goods to a destination by exporters who have entered into an agreement by making the notification under the provisions of Article 5, paragraph (1) or who are subject to the rules to be observed by members established by making the notification under the provisions of Article 11, paragraph (2) accounts for a considerable percentage of the total export value of the relevant goods to the relevant destination, and if the Minister of Economy, Trade and Industry finds it to be difficult to eliminate the significant hindrance affecting the establishment of order in export transactions or sound development of export trade only by way of the agreement or the rules to be observed by members, the Minister may, by Order of the Ministry of Economy, Trade and Industry, establish rules to be observed by exporters with regard to the price, quality, design and other terms of transaction or the quantity in export transactions of the relevant goods to be exported to the relevant destination, pursuant to the provisions of Cabinet Order.
(2)
In cases falling under the provisions of the preceding paragraph, if the Minister of Economy, Trade and Industry finds it to be inappropriate to enact the Order of the Ministry of Economy, Trade and Industry which is to specify the price, quality, design and other terms of transaction or the quantity in export transactions of the relevant goods to be exported to the relevant destination as a measure to eliminate the circumstances provided in the relevant paragraph, the Minister may, by Order of the Ministry of Economy, Trade and Industry, require exporters who intend to export the relevant goods to the relevant destination to obtain approval from the Minister of Economy, Trade and Industry for the price, quality, design and other terms of transaction or the quantity in the export transactions, pursuant to the provisions of Cabinet Order;
provided, however, that this does not apply to specific types of goods or goods to be exported to specific regions for which approval for export is required to be obtained from the Minister of Economy, Trade and Industry under the provisions of Article 48, paragraph (3) of the Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949).
(3)
The restrictions to be imposed by Order of the Ministry of Economy, Trade and Industry referred to in the preceding two paragraphs must be limited to the minimum extent necessary for eliminating the circumstances provided for in paragraph (1).
(4)
The Minister of Economy, Trade and Industry may order a person who has violated the Order of the Ministry of Economy, Trade and Industry referred to in paragraph (1) or paragraph (2) to suspend the export of goods for a period of not more than one year, while designating the item of goods or the destination.
(5)
When the Minister of Economy, Trade and Industry enacts the Order of the Ministry of Economy, Trade and Industry referred to in paragraph (1) or paragraph (2), and finds this to be particularly necessary for facilitating the implementation of the Order of the Ministry of Economy, Trade and Industry, the Minister may have part of the affairs concerning the relevant Order of the Ministry of Economy, Trade and Industry dealt with by an exporters partnership, pursuant to the provisions of Cabinet Order.
(6)
The Minister of Economy, Trade and Industry may have affairs concerning the Order of the Ministry of Economy, Trade and Industry referred to in paragraph (1) or paragraph (2) dealt with by an exporters partnership pursuant to the provisions of the preceding paragraph, only on condition that the number of members of an exporters partnership which has established the rules to be observed by members by making the notification under the provisions of Article 11, paragraph (2), who export the relevant goods to the relevant destination, accounts for one half or more of the total number of exporters who export the goods to the relevant destination, and that such exporters partnership makes an offer.
Article 28-2
(1)
An exporters partnership which deals with the affairs concerning the Order of the Ministry of Economy, Trade and Industry referred to in paragraph (1) or paragraph (2) of the preceding Article pursuant to the provisions of paragraph (5) of the relevant Article may collect charges from exporters who export the relevant goods to the relevant destination, within the limits specified by Cabinet Order, in order to cover the necessary expenses for dealing with the relevant affairs.
(2)
When an exporters partnership intends to collect charges pursuant to the provisions of the preceding paragraph, it must specify the amount of charges and the collection method and obtain approval therefor from the Minister of Economy, Trade and Industry, by reporting these matters along with a plan and an income and expenditure budget for dealing with the relevant affairs, pursuant to the provisions of Cabinet Order. The same applies when an exporters partnership intends to change any of these matters.
(3)
An exporters partnership must conduct the accounting of the charges referred to in paragraph (1) and any interest accrued from the management thereof separately from its other accounting by setting up a special account therefor, pursuant to the provisions of Cabinet Order.
(4)
The provisions of Article 105 of the Small and Medium-Sized Enterprise Cooperatives Act apply mutatis mutandis to exporters who have paid charges pursuant to the provisions of paragraph (1).
In this case, the term "administrative agency" in the relevant Article is deemed to be replaced with "Minister of Economy, Trade and Industry."
(5)
Beyond what is provided for in the preceding four paragraphs, the necessary matters concerning the charges referred to in paragraph (1) are specified by Cabinet Order.
Articles 29 through 31
Deleted
(Duty of Confidentiality)
Article 32
An officer or employee of an exporters partnership which deals with the affairs concerning the Order of the Ministry of Economy, Trade and Industry referred to in Article 28, paragraph (1) or paragraph (2) (hereinafter referred to as the "Regulatory Order") pursuant to the provisions of paragraph (5) of the relevant Article who engages in performing these affairs or a person who formerly held such office must not disclose or misappropriate any secret that the relevant person has come to know in the course of their duties.
(Recommendation of Dismissal of Officer)
Article 32-2
(1)
When the Minister of Economy, Trade and Industry finds that an officer of an exporters partnership which deals with the affairs concerning the Regulatory Order pursuant to the provisions of Article 28, paragraph (5) who engages in performing these affairs has dealt with the affairs improperly or has committed misconduct as to render the person unfit to serve as an officer, the Minister may recommend the exporters partnership to dismiss such officer.
(2)
When the recommendation referred to in the preceding paragraph is issued, the exporters partnership must dismiss the officer named in the relevant recommendation by a resolution from the general meeting unless there are reasonable grounds not to do so.
Chapter VII Miscellaneous Provisions
(Exclusion from Application of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade)
Article 33
(1)
The provisions of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947) do not apply to any agreement entered into by making the notification under the provisions of Article 5, paragraph (1) or rules to be observed by members established by making the notification under the provisions of Article 11, paragraph (2), or any act performed in accordance with such agreement or rules, except in the following cases:
-
(i)
when an exporter or exporters partnership employs unfair trade practice or causes any person doing business to perform an act that constitutes unfair trade practice; and
-
(ii)
when one month has passed since public notice was given pursuant to the provisions of paragraph (6) of the following Article (excluding the cases where the Minister of Economy, Trade and Industry makes a disposition under the provisions of Article 5, paragraph (2) or Article 6 (including the cases where these provisions are applied mutatis mutandis pursuant to Article 11, paragraph (3); hereinafter the same applies in this Chapter) in response to a request under the provisions of paragraph (4) or paragraph (5) of the following Article).
(2)
When a request under the provisions of paragraph (4) or paragraph (5) of the following Article is made with regard to part of the agreement or the rules to be observed by members which are provided in the preceding paragraph, the provisions of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade do not apply to any parts of the relevant agreement or rules to be observed by members other than the part subject to the relevant request or to any acts performed under such parts of the agreement or rules, notwithstanding the provisions of item (ii) of the preceding paragraph.
(Relationship with the Fair Trade Commission)
Article 34
(1)
When the Minister of Economy, Trade and Industry has accepted the notification under the provisions of Article 5, paragraph (1) or Article 11, paragraph (2) or has made a disposition under the provisions of Article 5, paragraph (2) or Article 6, the Minister must notify the Fair Trade Commission of such fact without delay.
(2)
When the Minister of Economy, Trade and Industry intends to enact, revise or abolish the Order of the Ministry of Economy, Trade and Industry referred to in Article 28, paragraph (1) or paragraph (2), the Minister must notify the Fair Trade Commission of such intension in advance.
(3)
When the Fair Trade Commission finds that any exporter or exporters partnership falls under paragraph (1), item (i) of the preceding Article, intends to give notice under the provisions of Article 50, paragraph (1) of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade, it must consult with the Minister of Economy, Trade and Industry in advance.
(4)
When the Fair Trade Commission finds that the agreement reported in the notification made by exporters under the provisions of Article 5, paragraph (1) or the rules to be observed by members reported in the notification made by an exporters partnership under the provisions of Article 11, paragraph (2) fail to comply with all of items (iv) through (vi) of Article 5, paragraph (2), the Commission may request the Minister of Economy, Trade and Industry to make a disposition under the provisions of Article 5, paragraph (2).
(5)
When the Fair Trade Commission finds that the agreement entered into by exporters by making the notification under the provisions of Article 5, paragraph (1) or the rules to be observed by members established by an exporters partnership by making the notification under the provisions of Article 11, paragraph (2) no longer comply with all of items (iv) through (vi) of Article 5, paragraph (2), it may request the Minister of Economy, Trade and Industry to make a disposition under the provisions of Article 6.
(6)
When the Fair Trade Commission has made the request under the provisions of the preceding two paragraphs, it must make the fact public in the Official Gazette without delay.
(Relationship with the Minister with Jurisdiction over Production or Distribution of Goods)
Article 35
(1)
When the Minister of Economy, Trade and Industry intends to grant approval referred to in Article 14, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 19-6; the same applies hereinafter) or in Article 51, paragraph (2) or Article 66, paragraph (1) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 19-6; the same applies hereinafter), make a disposition under the provisions of Article 18 (including the cases where applied mutatis mutandis pursuant to Article 19-6; hereinafter the same applies in this paragraph), or enact, revise or abolish the Order of the Ministry of Economy, Trade and Industry referred to in Article 28, paragraph (1) or paragraph (2), the Minister of Economy, Trade and Industry must obtain consent from the minister who has jurisdiction over the production or distribution of the goods subject to the relevant approval, disposition or Order of the Ministry of Economy, Trade and Industry (in the case of approval referred to in Article 14, paragraph (1), or in Article 51, paragraph (2) or Article 66, paragraph (1) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1), or disposition under the provisions of Article 18, the goods handled by exporters who are affiliates of the exporters partnership to which the approval has been granted or the disposition has been made or those handled by importers who are members of the importers partnership to which the approval has been granted or the disposition has been made).
(2)
When the Minister of Economy, Trade and Industry has accepted the notification under the provisions of Article 5, paragraph (1) or Article 11, paragraph (2), the Minister of Economy, Trade and Industry must notify the minister who has jurisdiction over the production or distribution of the goods subject to the relevant agreement or the relevant rules to be observed by members of such fact without delay.
(Delegation of Authority to Director-General of Customs)
Article 36
The Minister of Economy, Trade and Industry may delegate part of their authority under this Act to the Director-General of Customs, pursuant to the provisions of Cabinet Order.
(Consultation to Council)
Article 37
When the Minister of Economy, Trade and Industry intends to prepare a draft for the enactment, revision or abolition of the Cabinet Order referred to in Article 2, item (iv) or Article 28, paragraph (5), or to enact, revise or abolish the Order of the Ministry of Economy, Trade and Industry referred to in Article 28, paragraph (1) or paragraph (2), the Minister must consult with a Council, etc. (meaning the organ provided in Article 8 of the National Government Organization Act (Act No. 120 of 1948)) which is specified by Cabinet Order.
(Special Provisions for Hearing)
Article 38
(1)
When the Minister of Economy, Trade and Industry intends to issue an order under the provisions of Article 4, paragraph (2) or Article 6, the Minister must hold a hearing, irrespective of the categories of procedures for hearing statements of opinions under the provisions of Article 13, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993).
(2)
Proceedings on the date of hearing held with regard to a disposition under the provisions of Article 4, paragraph (2), Article 6 or Article 18 (including the cases where applied mutatis mutandis pursuant to Article 19-6) must be open to the public.
(3)
The presiding official of the hearing referred to in the preceding paragraph must permit any interested person of the relevant disposition to participate in the procedure for the hearing if such person so requests pursuant to the provisions of Article 17, paragraph (1) of the Administrative Procedure Act.
(Request for Administrative Review of Act of Exporters Partnership)
Article 39
A person who is dissatisfied with an action or inaction of an exporters partnership, which deals with the affairs concerning the Regulatory Order pursuant to the provisions of Article 28, paragraph (5), in relation to dealing with such affairs may file a request for administrative review with the Minister of Economy, Trade and Industry.
In this case, with regard to the application of the provisions of Article 25, paragraphs (2) and (3), Article 46, paragraphs (1) and (2), and Article 49, paragraph (3) of the Administrative Appeal Act (Act No. 68 of 2014), the Minister of Economy, Trade and Industry is deemed to be the higher administrative agency of the exporters partnership.
(Hearing of Opinions During Procedure for Request for Administrative Review)
Article 39-2
(1)
An administrative disposition on appeal in response to a request for administrative review of a disposition under the provisions of this Act or omission thereof (including an action or inaction of an exporters partnership in relation to dealing with the affairs concerning the Regulatory Order as provided in the preceding Article) must be made after the review officer provided in Article 11, paragraph (2) of the Administrative Appeal Act has heard opinions from the requester of administrative review in public, following advance notice of a reasonable period to the requester, except when the request for administrative review is dismissed pursuant to the provisions of Article 24 of the relevant Act.
(2)
When hearing opinions as referred to in the preceding paragraph, the review officer must provide the requester of administrative review and any interested person with an opportunity to present evidence and state their opinions on the case.
(3)
The provisions of Article 31 of the Administrative Appeal Act do not apply to the request for administrative review provided in paragraph (1), and the provisions of paragraphs (2) through (5) of the relevant Article apply mutatis mutandis to the hearing of opinions referred to in paragraph (1).
(Report)
Article 40
The Minister of Economy, Trade and Industry may collect reports from exporters, importers, exporters partnerships or importers partnerships pursuant to the provisions of Cabinet Order, to the extent necessary for the enforcement of this Act.
(Transitional Measures)
Article 40-2
In the case of enactment, revision or abolition of an order in accordance with the provisions of this Act, the required transitional measures (including transitional measures concerning penal provisions) may be specified by such order, to the extent considered reasonably necessary for the enactment, revision or abolition.
Chapter VIII Penal Provisions
Article 41
If an officer of an exporters partnership or importers partnership, in whatever name, provides a loan or discounts negotiable instruments, or disposes of the exporters partnership's or importers partnership's property for a speculative transaction, outside the scope of the exporters partnership's or importers partnership's activities, such officer is punished by imprisonment for not more than three years or a fine of not more than one million yen, or both;
provided, however, that the Penal Code (Act No. 45 of 1907) applies if the applicable provisions exist in the relevant Code.
Article 41-2
(1)
If an officer or employee of an exporters partnership which deals with the affairs concerning the Regulatory Order pursuant to the provisions of Article 28, paragraph (5) who engages in performing these affairs accepts, solicits or promises to accept a bribe in connection with their duties, such officer or employee is punished by imprisonment for not more than three years. If the relevant officer or employee commits an improper act or omits to perform a proper act due to a bribe, the officer or employee is punished by imprisonment for not more than five years.
(2)
In the case referred to in the preceding paragraph, the bribe accepted is confiscated. If the whole or part of the bribe cannot be confiscated, an equivalent value thereof is collected.
Article 41-3
(1)
A person who has given, offered or promised to give a bribe provided for in paragraph (1) of the preceding Article is punished by imprisonment for not more than three years or a fine of not more than one million yen.
(2)
If the person who has committed the crime referred to in the preceding paragraph surrenders themselves, the punishment may be reduced or be exculpated.
Article 42
A person who has violated an order or disposition under the provisions of Article 4, paragraph (2) or Article 28, paragraph (1), paragraph (2) or paragraph (4) is punished by imprisonment for not more than two years or a fine of not more than one million yen.
Article 43
A person who falls under any of the following items is punished by imprisonment for not more than one year or a fine of not more than 500,000 yen:
-
(i)
a person who has entered into an agreement provided in Article 5, paragraph (1) without making the notification under the provisions of the relevant paragraph or by making a false notification;
-
(ii)
a person who has violated an order or disposition under the provisions of Article 5, paragraph (2) or Article 6; or
-
(iii)
a person who has disclosed or misappropriated any secret that the person has come to know in the course of their duties in violation of the provisions of Article 32.
Article 44
In the following cases, the director of an exporters partnership who has committed the act in question is punished by imprisonment for not more than one year or a fine of not more than 500,000 yen:
-
(i)
if the exporters partnership establishes the rules to be observed by its members as provided in Article 11, paragraph (2) without making the notification under the provisions of the relevant paragraph or by making a false notification; or
-
(ii)
if the exporters partnership violates an order or disposition under the provisions of Article 5, paragraph (2) or Article 6 as applied mutatis mutandis pursuant to Article 11, paragraph (3).
Article 45
A person who falls under any of the following items is punished by a fine of not more than 300,000 yen:
-
(i)
a person who has failed to make the notification under the provisions of Article 7 (including the cases where applied mutatis mutandis pursuant to Article 11, paragraph (3)) or has made a false notification;
-
(ii)
a person who has violated the provisions of Article 10, paragraph (2) (including the cases where applied mutatis mutandis pursuant to Article 19-6);
-
(iii)
a person who has refused, obstructed or avoided an inspection under the provisions of Article 105, paragraph (2) or Article 105-4, paragraph (1) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 19-6), or the provisions of Article 105, paragraph (2) of the relevant Act as applied mutatis mutandis pursuant to Article 28-2, paragraph (4) of this Act; or
-
(iv)
a person who has failed to make a report under the provisions of Article 40 or has made a false report.
Article 46
If an exporters partnership or importers partnership violates an order under the provisions of Article 106, paragraph (1) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 19-6), the directors of the exporters partnership or importers partnership are punished by a fine of not more than 300,000 yen.
Article 47
A person who, in violation of the provisions of Article 955, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 15, paragraph (6) (including the cases where applied mutatis mutandis pursuant to Article 19-6), has failed to specify or record in an investigation record book, etc. provided in Article 955, paragraph (1) of the relevant Act the matters specified by Ministry of Justice Order concerning an electronic public notice investigation provided in Article 955, paragraph (1) of the relevant Act, or has specified or recorded false information therein, or has failed to keep an investigation record book, etc. is punished by a fine of not more than 300,000 yen.
Article 48
If the representative of a corporation or an agent, employee or any other worker of a corporation or individual commits any of the violations referred to in Article 42, Article 43, item (i) or item (ii), Article 45 or the preceding Article in relation to the business of the corporation or individual, not only is the offender punished but also the corporation or individual is punished by the fine prescribed in the respective Articles.
(Non-Criminal Fine)
Article 49
A person who falls under any of the following items are punished by a non-criminal fine of one million yen:
-
(i)
a person who has failed to make a report or has made a false report in violation of the provisions of Article 946, paragraph (3) of the Companies Act as applied mutatis mutandis pursuant to Article 15, paragraph (6) (including the cases where applied mutatis mutandis pursuant to Article 19-6; the same applies in the following item); or
-
(ii)
a person who has refused any of the requests set forth in the items of Article 951, paragraph (2) or the items of Article 955, paragraph (2) of the Companies Act as applied mutatis mutandis pursuant to Article 15, paragraph (6), without reasonable grounds.
Article 50
(1)
In the following cases, the founders, officers or liquidators of an exporters partnership or importers partnership are punished by a non-criminal fine of not more than 200,000 yen:
-
(i)
when having failed to complete registration under the provisions of this Act;
-
(ii)
when having failed to request the investigation referred to in Article 941 of the Companies Act as applied mutatis mutandis pursuant to Article 15, paragraph (6) (including the cases where applied mutatis mutandis pursuant to Article 19-6), in violation of the provisions of Article 941 of the relevant Act;
-
(iii)
when having violated the provisions of Article 9-2, paragraph (3) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 19-6; hereinafter the same applies in this Article);
-
(iv)
when having failed to keep documents, electronic or magnetic records, having failed to specify or record the necessary information in documents, electronic or magnetic records or having specified or recorded false information therein, or having refused to allow, without reasonable grounds, the inspection or copying of any information recorded in documents, electronic or magnetic records and displayed by a method specified by Order of the Ministry of Economy, Trade and Industry, deliver a transcript or extract of documents, provide any information recorded in electronic or magnetic records by an electronic or magnetic means or deliver documents that contain such information, in violation of the provisions of Article 10-2, Article 34-2 or Article 40 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) (including the case where Article 40 of the relevant Act (excluding paragraphs (1), (11) and (13)) is applied mutatis mutandis pursuant to Article 69 of the relevant Act as applied mutatis mutandis pursuant to Article 19, paragraph (1));
-
(v)
when having violated the provisions of Article 14 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1);
-
(vi)
when having violated the provisions of Article 19, paragraph (2), Article 42, paragraph (5) or paragraph (6), or Article 45, paragraph (5) or paragraph (6) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1);
-
(vii)
when having failed to prepare minutes, an inventory of property or a balance sheet, having failed to detail or record the necessary information in these documents, electronic or magnetic records or having specified or recorded false information therein, in violation of the provisions of Article 27, paragraph (7), Article 36-7, paragraph (1) or Article 53-4, paragraph (1) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) (including the cases where Article 36-7, paragraph (1) of the relevant Act is applied pursuant to Article 69 of the relevant Act as applied mutatis mutandis pursuant to Article 19, paragraph (1)), or the provisions of Article 492, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 69 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1);
-
(viii)
when having failed to appoint, as an auditor, a person who falls within the category of persons provided in Article 35, paragraph (6) of the Small and Medium-Sized Enterprise Cooperatives Act, in violation of the provisions of the relevant paragraph as applied mutatis mutandis pursuant to Article 19, paragraph (1);
-
(ix)
when having violated the provisions of Article 35, paragraph (7) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1);
-
(x)
when having violated the provisions of Article 35-2 or Article 62, paragraph (2) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1);
-
(xi)
when, upon a request having been filed under the provisions of Article 343, paragraph (2) of the Companies Act as applied mutatis mutandis pursuant to Article 36-3, paragraph (3) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1), having failed to include the matters contained in the relevant request in the purpose of the general meeting or having failed to submit the proposal contained in the relevant request to the general meeting;
-
(xii)
when having obstructed the investigation under the provisions of Article 381, paragraph (2) or Article 384 of the Companies Act as applied mutatis mutandis pursuant to Article 36-3, paragraph (3) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1), the provisions of Article 389, paragraph (5) of the Companies Act as applied mutatis mutandis pursuant to Article 36-3, paragraph (5) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1), or the provisions of Article 381, paragraph (2), Article 384 or Article 492, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 69 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1);
-
(xiii)
when having refused, without reasonable grounds, to allow inspection or copying of any information recorded in documents, electronic or magnetic records and displayed by a method specified by Order of the Ministry of Economy, Trade and Industry, in violation of the provisions of Article 389, paragraph (4) of the Companies Act as applied mutatis mutandis pursuant to Article 36-3, paragraph (5) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1), or the provisions of Article 36-7, paragraph (5), Article 41, paragraph (3) or Article 53-4, paragraph (4) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) (including the cases where Article 36-7, paragraph (5) of the relevant Act is applied mutatis mutandis pursuant to Article 69 of the Act as applied mutatis mutandis pursuant to Article 19, paragraph (1));
-
(xiv)
when having violated the provisions of Article 37, paragraph (1) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) (including the cases where Article 37, paragraph (1) of the relevant Act is applied mutatis mutandis pursuant to Article 69 of the relevant Act as applied mutatis mutandis pursuant to Article 19, paragraph (1));
-
(xv)
when having failed to disclose the necessary information under the provisions of Article 38, paragraph (1) or Article 38-2, paragraph (6) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) (including the cases where Article 38, paragraph (1) of the relevant Act is applied mutatis mutandis pursuant to Article 69 of the Act as applied mutatis mutandis pursuant to Article 19, paragraph (1));
-
(xvi)
when having failed to report the necessary information to the council or having reported false information in violation of the provisions of Article 38, paragraph (3) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) (including the cases where Article 38, paragraph (3) of the relevant Act is applied mutatis mutandis pursuant to Article 69 of the Act as applied mutatis mutandis pursuant to Article 19, paragraph (1));
-
(xvii)
when having violated the provisions of Article 46 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1);
-
(xviii)
when having violated the provisions of Article 57-5 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1);
-
(xix)
when having failed to file a petition for commencement of bankruptcy proceedings in violation of the provisions of Article 484, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 69 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1);
-
(xx)
when having failed to give public notice under the provisions of Article 499, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 69 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) or having given false public notice;
-
(xxi)
when having inappropriately specified the period referred to in Article 499, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 69 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1), for the purpose of delaying the completion of liquidation;
-
(xxii)
when having performed obligations in violation of Article 500, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 69 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1); or
-
(xxiii)
when having distributed property of the exporters partnership or importers partnership in violation of the provisions of Article 502 of the Companies Act as applied mutatis mutandis pursuant to Article 69 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1).
(2)
The preceding paragraph also applies when any of the persons provided in Article 976 of the Companies Act has obstructed the investigation under the provisions of Article 381, paragraph (3) of the Companies Act as applied mutatis mutandis pursuant to Article 36-3, paragraph (3) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1), or the provisions of Article 389, paragraph (5) of the Companies Act as applied mutatis mutandis pursuant to Article 36-3, paragraph (5) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1).
Article 51
In the following cases, the founders, officers or liquidators of a Contribution-based Exporters Partnership or Contribution-based Importers Partnership are punished by a non-criminal fine of not more than 200,000 yen:
-
(i)
when the person has reduced the unit amount of contribution in violation of the provisions of Article 56, paragraph (1) or Article 56-2, paragraph (5) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (2) (including the cases where applied mutatis mutandis pursuant to Article 19-6; hereinafter the same applies in this Article), or having carried out a merger of the Contribution-based Exporters Partnership or Contribution-based Importers Partnership in violation of the provisions of Article 56-2, paragraph (5) of the relevant Act as applied mutatis mutandis pursuant to Article 63-4, paragraph (5), Article 63-5, paragraph (7) or Article 63-6, paragraph (5) of the relevant Act as applied mutatis mutandis pursuant to Article 19, paragraph (2);
-
(ii)
when the person has violated the provisions of Article 58, paragraphs (1) through (3) or Article 59, paragraph (1) or paragraph (2) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (2);
-
(iii)
when the person has acquired equity interest held by a member or received such equity interest as the subject of a pledge in violation of the provisions of Article 61 of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (2);
-
(iv)
when the person failed to keep documents, electronic or magnetic records, failed to specify or record the necessary information in documents, electronic or magnetic records or has specified or recorded false information therein, or has refused, without reasonable grounds, to allow inspection or copying of any information recorded in documents, electronic or magnetic records and displayed by a method specified by Order of the Ministry of Economy, Trade and Industry, in violation of the provisions of Article 63-4, paragraph (1) or paragraph (2), Article 63-5, paragraph (1), paragraph (2) or paragraphs (8) through (10), Article 63-6, paragraph (1) or paragraph (2) or Article 64, paragraphs (6) through (8) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (2); or
-
(v)
when having failed to give public notice under the provisions of Article 56-2, paragraph (2) of the Small and Medium-Sized Enterprise Cooperatives Act as applied mutatis mutandis pursuant to Article 63-4, paragraph (5), Article 63-5, paragraph (7) or Article 63-6, paragraph (5) of the relevant Act as applied mutatis mutandis pursuant to Article 19, paragraph (2) or having given false public notice.
Supplementary Provisions
(1)
The effective date of this Act is specified by Cabinet Order as a day within a period not exceeding two months from the date of promulgation.
Supplementary Provisions
(1)
The effective date of this Act is specified by Cabinet Order as a day within a period not exceeding two months from the date of promulgation.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the day on which 30 days have elapsed from the date of promulgation.
(Penal Provisions)
Article 24
Prior laws continue to govern the applicability of penal provisions to conduct engaged in before this Act comes into effect. The same applies with regard to the application of penal provisions to any acts committed while the provisions of Article 2 of the Act on Financial Businesses by Cooperatives prior to amendment by this Act remain in force pursuant to the provisions of Article 17, paragraph (3) of the Supplementary Provisions.
Supplementary Provisions
(1)
The effective date of this Act is specified by Cabinet Order as a day within a period not exceeding two months from the date of promulgation.
(2)
Any disposition, procedure or other act made pursuant to the provisions of the Export and Import Transaction Act prior to amendment is deemed to have been made pursuant to the provisions of the Export and Import Transaction Act as amended, if the corresponding provisions exist in the Export and Import Transaction Act as amended.
(3)
Any agreements entered into by exporters, before this Act comes into effect, by obtaining approval referred to in Article 5, paragraph (1) prior to amendment, or any rules to be observed by members established by an exporters partnership, before this Act comes into effect, by obtaining approval referred to in Article 11, paragraph (2) prior to amendment, which do not specify the price, quantity, quality, design or other matters in domestic transactions of goods to be exported, are deemed to have been entered into or established by making the notification under the provisions of Article 5, paragraph (1) or Article 11, paragraph (2) as amended.
(15)
Prior laws continue to govern the applicability of penal provisions to conduct engaged in before this Act comes into effect.
Supplementary Provisions
(1)
This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the date on which the Act on the Organization of Small and Medium-sized Enterprise Association (Act No. 185 of 1957) comes into effect.
Supplementary Provisions
This Act comes into effect as of the date on which the Act on the Organization of Small and Medium-sized Enterprise Association comes into effect.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
(Transitional Measures)
Article 2
(1)
If a Contribution-based Exporters Partnership, Contribution-based Importers Partnership or contribution-based exporters and importers partnership (hereinafter referred to as a "Contribution-based Exporters Partnership, etc.") which exists when this Act comes into effect changes into a Non-Contribution-based Exporters Partnership, Non-Contribution-based Importers Partnership or a non-contribution-based exporters and importers partnership (hereinafter referred to as a "Non-Contribution-based Exporters Partnership, etc.") pursuant to the provisions of Article 17, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 19-6 or Article 27) of the Export and Import Transaction Act as amended by this Act (hereinafter referred to as the "New Act") within one year from the date on which this Act comes into effect, the provisions of paragraph (3) of the relevant Article (including the cases where applies mutatis mutandis pursuant to Article 19-6 or Article 27) do not apply.
(2)
In the case prescribed in the preceding paragraph, if the Contribution-based Exporters Partnership, etc. receives equity interest as a gift from a member of the partnership upon the change in status, with regard to the application of the provisions of the Corporation Tax Act to the association's income for the business year in which the date of the change to the Non-Contribution-based Exporters Partnership, etc. falls, the value of the equity interest received as a gift is not included in the gross income in the course of the calculation of income for the relevant business year.
(3)
With regard to the calculation of income of the member who has made a gift as referred to in the preceding paragraph for the year or business year in which the date on which the gift has been made falls upon, the value of the equity interest offered as a gift is determined on the basis of the amount of contribution corresponding to the equity interest if the member is an individual or the book value of the equity interest if the member is a corporation.
(4)
In the case prescribed in paragraph (1), with regard to the application of the provisions of the Corporation Tax Act and the Local Tax Act to a Contribution-based Exporters Partnership, etc. which changes into a Non-Contribution-based Exporters Partnership, etc. in the middle of a business year, the partnership's business year is to end on the date of the change, and the subsequent business year is to commence on the day following the date of the change.
(5)
In the case of a Non-Contribution-based Exporters Partnership, etc. provided in paragraph (1), the provisions of Article 5, paragraph (1), item (iv) of the Corporation Tax Act and Article 72-5, paragraph (1), item (iv) of the Local Tax Act apply with regard to the corporation tax and enterprise tax to be imposed thereon for the business year that commences on the day following the date of the change and thereafter.
Article 3
(1)
A person who uses the characters "貿易連合" (pronounced "boeki-rengou" (referring to "trade federation")) as part of its name when this Act comes into effect must change its name within six months after this Act comes into effect.
(2)
The provisions of Article 27-4, paragraph (2) of the New Act do not apply to the person provided in the preceding paragraph during the period referred to in the relevant paragraph.
Supplementary Provisions
(1)
This Act comes into effect as of October 1, 1962.
(2)
Unless otherwise provided for in these Supplementary Provisions, the provisions as amended by this Act also apply to events that have occurred before this Act comes into effect;
provided, however, that this does not preclude any effects that have occurred under the provisions prior to amendment by this Act.
(3)
Prior laws continue to govern a lawsuit which is pending when this Act comes into effect, notwithstanding the provisions as amended by this Act to the effect that the lawsuit may not be filed.
(4)
Prior laws continue to govern the jurisdiction over a lawsuit which is pending when this Act comes into effect, notwithstanding the provisions as amended by this Act to the effect that the jurisdiction is the exclusive jurisdiction.
(5)
Prior laws continue to govern the statute of limitations for filing a lawsuit concerning an original administrative disposition or administrative disposition on appeal for which the statute of limitations under the provisions prior to amendment by this Act is running when this Act comes into effect;
provided, however, that this is limited to the cases where the statute of limitations under the provisions as amended by this Act is shorter than the statute of limitations under the provisions prior to amendment by this Act.
(6)
With regard to a public law-related action concerning an original administrative disposition or an administrative disposition on appeal made before this Act comes into effect, for which the statute of limitations has been prescribed by amendment by this Act, the statute of limitations is counted from the date on which this Act comes into effect.
(7)
Prior laws continue to govern an action for the revocation of an original administrative disposition or an administrative disposition on appeal which is pending when this Act comes into effect, notwithstanding the provisions as amended by this Act to the effect that either of the parties in the relevant legal relationship is to stand as the defendant;
provided, however, that the court may, upon the petition of the plaintiff, by an order, permit the plaintiff to change the relevant action into a public law-related action.
(8)
In the case referred to in the proviso to the preceding paragraph, the provisions of the second sentence of Article 18, and Article 21, paragraphs (2) through (5) of the Administrative Case Litigation Act apply mutatis mutandis.
Supplementary Provisions
(1)
This Act comes into effect as of July 1, 1962.
(2)
Unless otherwise provided for in these Supplementary Provisions, the provisions as amended by this Act also apply to a disposition made by an administrative agency before this Act comes into effect, inaction of an administrative agency in relation to an application filed before this Act comes into effect, or any other event that has occurred before this Act comes into effect;
provided, however, that this does not preclude any effects that have occurred under the provisions prior to amendment by this Act.
(3)
Prior laws continue to govern a petition, a request for administrative review, an objection or any other appeal (hereinafter referred to as a "Petition, etc.") filed before this Act comes into effect, even after this Act comes into effect. The same applies to a Petition, etc. filed when the party is dissatisfied with an administrative disposition on appeal, decision or any other disposition (hereinafter referred to as an "Administrative Disposition on Appeal, etc.") made before this Act comes into effect in response to a Petition, etc. or dissatisfied with an Administrative Disposition on Appeal, etc. made after this Act comes into effect in response to a Petition, etc. filed before this Act comes into effect.
(4)
A Petition, etc. provided in the preceding paragraph, which is filed against a disposition against which an appeal under the Administrative Appeal Act will be permitted after this Act comes into effect, is deemed to be an appeal under the Administrative Appeal Act with regard to the application of laws other than the relevant Act.
(5)
No appeal may be entered under the Administrative Appeal Act against an Administrative Disposition on Appeal, etc. made after this Act comes into effect in response to a request for administrative review, objection or any other appeal pursuant to the provisions of paragraph (3).
(6)
With regard to a disposition by an administrative agency made before this Act comes into effect, against which a Petition, etc. had been permitted pursuant to the provisions prior to amendment by this Act and for which the statute of limitations had not been prescribed, the period during which an appeal may be entered under the Administrative Appeal Act is counted from the date on which this Act comes into effect.
(8)
Prior laws continue to govern the applicability of penal provisions to conduct engaged in before this Act comes into effect.
(9)
Beyond what is provided for in the preceding eight paragraphs, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
(10)
If this Act and the Act on the Coordination, etc. of Related Laws for the Enforcement of the Administrative Case Litigation Act (Act No. 140 of 1962) contain provisions for amending the same law, such law is to be first amended by this Act and then by the Act on the Coordination, etc. of Related Laws upon the Enforcement of the Administrative Case Litigation Act.
Supplementary Provisions
This Act comes into effect as of the date on which the Commercial Registration Act comes into effect (April 1, 1964).
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of April 1, 1965.
(Principles of Transitional Provisions for Partial Amendment to Other Laws and Regulations)
Article 5
The provisions of laws and regulations as amended by the provisions of Chapter II, except as otherwise provided, apply to income tax for 1965 and thereafter or corporation tax of a corporation prescribed in any of the provisions of these laws and regulations for the business year ending on or after the date on which this Act comes into effect, and with regard to income tax for up to 1964 or corporation tax of such corporation for a business year ending prior to the relevant date, the provisions then in force remain applicable.
(Delegation to Cabinet Order)
Article 15
Beyond what is provided for in Article 1 of the Supplementary Provisions to the preceding Article, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding three months from the date of promulgation;
provided, however, that the provisions in Article 1 to amend Article 9-2, paragraph (2), Article 9-7-2, paragraph (1), item (i) and paragraph (2), Article 9-7-3, Article 9-7-4, paragraph (1), and Article 59, paragraph (2) of the Small and Medium-Sized Enterprise Cooperatives Act, the provisions in Article 6 to amend Article 13, paragraph (2) of the Shopping District Promotion Association Act, and the provisions of the following Article and Article 3 of the Supplementary Provisions come into effect as of the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding two months from the date of promulgation.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding two years from the date of promulgation.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the date on which the Administrative Procedure Act (Act No. 88 of 1993) comes into effect.
(Transitional Measures Concerning Adverse Disposition for Which Consultation Has Been Requested)
Article 2
If a request for consultation or any other request has been made under laws and regulations before this Act comes into effect to a council or any other organ under the council system to carry out a procedure equivalent to the procedure for hearings or for grant of the opportunity for explanation or any other procedure for hearing statements of opinions provided in Article 13 of the Administrative Procedure Act, with regard to the procedure for making an adverse disposition subject to the relevant request for consultation or any other respect, prior laws continue to govern, notwithstanding the provisions of the related laws as amended by this Act.
(Transitional Measures Concerning Penal Provisions)
Article 13
Prior laws continue to govern the applicability of penal provisions to conduct engaged in before this Act comes into effect.
(Transitional Measures for Coordination of Provisions Concerning Hearings)
Article 14
Hearings (excluding those concerning adverse dispositions) or procedures therefor carried out pursuant to the provisions of laws before this Act comes into effect are deemed to have been carried out pursuant to the corresponding provisions of the related laws as amended by this Act.
(Delegation to Cabinet Order)
Article 15
Beyond what is provided for in Article 2 of the Supplementary Provisions through the preceding Article, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the date of promulgation.
(Transitional Measures Concerning Penal Provisions)
Article 20
Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect (with regard to the provisions set forth in the items of Article 1 of the Supplementary Provisions, before these provisions come into effect) and to conduct that a person engages in after the provisions of Articles 1, 4, 8, 9, 13, 27, 28 and 30 come into effect when prior laws continue to govern, pursuant to the provisions of Article 2, Article 4, Article 7, paragraph (2), Article 8, Article 11, Article 12, paragraph (2), Article 13, and Article 15, paragraph (4) of the Supplementary Provisions.
(Delegation to Cabinet Order)
Article 21
Beyond what is provided for in Article 2 of the Supplementary Provisions to the preceding Article, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of April 1, 1998.
Supplementary Provisions
(Effective Date)
(1)
This Act comes into effect as of the date on which the Act for Partial Amendment to the Commercial Code, etc. (Act No. 71 of 1997) comes into effect.
(Transitional Measures)
(2)
Prior laws continue to govern a merger under a merger agreement entered into before this Act comes into effect, even after this Act comes into effect.
(Transitional Measures Concerning Penal Provisions)
(3)
Prior laws continue to govern the applicability of penal provisions to conduct engaged in before this Act comes into effect, and conduct engaged in after this Act comes into effect in cases which, pursuant to the provisions of the preceding paragraph, are to continue to be governed by prior laws.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the day on which one month has elapsed from the date of promulgation.
(Transitional Measures for Partial Amendment to the Export and Import Transaction Act)
Article 5
(1)
With regard to any agreement which was entered into by obtaining approval referred to in Article 5-3, paragraph (1) of the Export and Import Transaction Act prior to amendment by the provisions of Article 12 (referred to as the "Former Act" in the following paragraph) and which is in force when this Act comes into effect, and any acts performed under such agreement, the provisions then in force remain applicable during a period of three months from the date on which this Act comes into effect.
(2)
Prior laws continue to govern the obligation of a former officer or employee of an importers partnership which deals with affairs concerning the Order of the Ministry of International Trade and Industry referred to in Article 30, paragraph (2) of the Former Act pursuant to the provisions of Article 28, paragraph (5) of the Former Act as applied mutatis mutandis pursuant to Article 30, paragraph (3) of the Former Act are not to disclose any secret that they have come to know in the course of their duties.
(Transitional Measures Concerning Penal Provisions)
Article 16
Prior laws continue to govern the application of penal provisions to conduct engaged in before this Act comes into effect, and conduct engaged in after this Act comes into effect in cases which, pursuant to the provisions of Article 3, paragraph (1) and Article 4, paragraph (1) of the Supplementary Provisions, are to remain in effect, and in cases which, pursuant to Article 5, Article 6, Article 7, paragraph (1) and Article 8, paragraph (1) of the Supplementary Provisions, are to continue to be governed by prior laws.
Supplementary Provisions
(Effective Date)
Article 1
This Act (excluding Articles 2 and 3) comes into effect as of January 6, 2001.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
Supplementary Provisions
This Act comes into effect on the date on which the Companies Act comes into effect.
Supplementary Provisions
This Act comes into effect as of the date on which the Act on General Incorporated Associations and General Incorporated Foundations comes into effect.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of April 1, 2007.
(Transitional Measures for Partial Amendment to the Export and Import Transaction Act)
Article 24
(1)
With regard to an exporters partnership which exists when this Act comes into effect, the provisions of Article 35, paragraph (6) of the New Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) of the Export and Import Transaction Act as amended by the provisions of Article 2 (hereinafter referred to as the "New Export and Import Act") do not apply until the time of the conclusion of the ordinary general meeting concerning the settlement of accounts for the first business year ending on or after the date on which this Act comes into effect.
(2)
With regard to an importers partnership which exists when this Act comes into effect, the provisions of Article 35, paragraph (6) of the New Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) of the New Export and Import Act as applied mutatis mutandis pursuant to Article 19-6 of the New Export and Import Act do not apply until the time of the conclusion of the ordinary general meeting concerning the settlement of accounts for the first business year ending on or after the date on which this Act comes into effect.
Article 25
Prior laws continue to govern the term of office of an officer of an exporters partnership or importers partnership which exists when this Act comes into effect, and who is in office prior to the conclusion of the ordinary general meeting concerning the settlement of accounts for the first business year ending on or after the date on which this Act comes into effect, even after this Act comes into effect.
Article 26
(1)
Prior laws continue to govern an exporters partnership which exists when this Act comes into effect, the provisions of Article 36-3 of the New Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) of the New Export and Import Act apply from the time of the conclusion of the ordinary general meeting concerning the settlement of accounts for the first business year ending on or after the date on which this Act comes into effect, prior to the conclusion of the relevant ordinary general meeting.
(2)
Prior laws continue to govern an importers partnership which exists when this Act comes into effect, the provisions of Article 36-3 of the New Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) of the New Export and Import Act as applied mutatis mutandis pursuant to Article 19-6 of the New Export and Import Act apply from the time of the conclusion of the ordinary general meeting concerning the settlement of accounts for the first business year ending on or after the date on which this Act comes into effect, prior to the conclusion of the relevant ordinary general meeting.
Article 27
(1)
Prior laws continue to govern an exporters partnership which exists when this Act comes into effect, the provisions of Article 36-7, paragraph (1) of the New Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) of the New Export and Import Act apply from the time of the conclusion of the ordinary general meeting concerning the settlement of accounts for the first business year ending on or after the date on which this Act comes into effect, prior to the conclusion of the relevant ordinary general meeting.
(2)
Prior laws continue to govern an importers partnership which exists when this Act comes into effect, the provisions of Article 36-7, paragraph (1) of the New Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) of the New Export and Import Act as applied mutatis mutandis pursuant to Article 19-6 of the New Export and Import Act apply from the time of the conclusion of the ordinary general meeting concerning the settlement of accounts for the first business year ending on or after the date on which this Act comes into effect, prior to the conclusion of the relevant ordinary general meeting.
Article 28
Prior laws continue to govern liability for damages based on an act committed by an officer prior to the date on which this Act comes into effect, which occurs under the provisions of the Export and Import Transaction Act prior to amendment by the provisions of Article 2 (hereinafter referred to as the "Former Export and Import Act").
Article 29
(1)
When this Act comes into effect, an exporters partnership which is investing the surplus funds from its business by a method other than the methods provided in Article 57-5 of the New Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) of the New Export and Import Act (limited to an exporters partnership in which the total number of members exceeds the standard specified by Cabinet Order provided in Article 57-5 of the New Cooperatives Act) must dispose of its assets involved in such investment by the day on which three years have elapsed from the date on which this Act comes into effect.
(2)
When this Act comes into effect, an importers partnership which is investing the surplus funds from its business by a method other than the methods provided in Article 57-5 of the New Cooperatives Act as applied mutatis mutandis pursuant to Article 19, paragraph (1) of the New Export and Import Act as applied mutatis mutandis pursuant to Article 19-6 of the New Export and Import Act (limited to an importers partnership in which the total number of members exceeds the standard specified by Cabinet Order provided in Article 57-5 of the New Cooperatives Act) must dispose of its assets involved in such investment by the day on which three years have elapsed from the date on which this Act comes into effect.
(Effect of Dispositions)
Article 53
Any disposition, procedure or other act made pursuant to the provisions of the Former Cooperatives Act, the Former Export and Import Act, the Former Export Fisheries Act, the Former Association Act, the Former Mining and Manufacturing Partnership Act, or the Former Shopping District Association Act is deemed to have been made respectively pursuant to the corresponding provisions of the New Cooperatives Act, the New Export and Import Act, the New Export Fisheries Act, the New Association Act, the New Mining and Manufacturing Partnership Act, or the New Shopping District Association Act.
(Transitional Measures Concerning Penal Provisions)
Article 54
Prior laws continue to govern the applicability of penal provisions to conduct engaged in before this Act comes into effect, and conduct engaged in after this Act comes into effect in cases which, pursuant to these Supplementary Provisions, are to continue to be governed by prior laws.
(Delegation to Cabinet Order)
Article 55
Beyond what is provided for in Articles 2 through 52 of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
(Review)
Article 56
When five years have elapsed since this Act comes into effect, the government will review the status of implementation of this Act, and will take measures based on the results of the review if it finds it necessary.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of April 1, 2008;
provided, however, that the provisions of the following Article come into effect as of the date of promulgation of the Act for Partial Amendment to the Income Tax Act, etc. (Act No. 23 of 2008).
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of April 1, 2008.
(Transitional Measures for Partial Amendment to the Export and Import Transaction Act)
Article 24
Prior laws continue to govern the business year in cases where, the change in status takes place pursuant to the provisions of Article 16, paragraph (1) of the Export and Import Transaction Act prior to amendment by the provisions of the preceding Article.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of April 1, 2008.
(Transitional Measures for Partial Amendment to the Export and Import Transaction Act)
Article 99
Prior laws continue to govern the business year if the change in status takes place before the date on which this Act comes into effect, pursuant to the provisions of Article 16, paragraph (1) of the Export and Import Transaction Act prior to amendment by the provisions of the preceding Article.
(Transitional Measures Concerning Penal Provisions)
Article 119
Prior laws continue to govern the applicability of penal provisions to conduct that a person engages in before this Act comes into effect (with regard to the provisions set forth in the items of Article 1 of the Supplementary Provisions, before these provisions come into effect; hereinafter the same applies in this Article), and prior law continues to govern the applicability of penal provisions to conduct that a person engages in after this Act comes into effect but which, pursuant to these Supplementary positions, is to continue to be governed by the laws previously in force.
(Transitional Measures If the Date of Promulgation of This Act Is after April 1, 2008)
Article 119-2
The necessary matters concerning the application of the provisions of the laws as amended by this Act (including the replacement of terms in provisions of these Supplementary Provisions) and other necessary transitional measures concerning the smooth enforcement of this Act, if the date of promulgation of this Act is to be after April 1, 2008, are specified by Cabinet Order.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 120
Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the day on which 20 days have elapsed from the date of promulgation.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of April 1, 2014.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding one year and six months from the date of promulgation.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the date on which the Administrative Appeal Act (Act No. 68 of 2014) comes into effect.
(Principles of Transitional Measures)
Article 5
Prior laws continue to govern any appeal against a disposition or other action or inaction of an administrative agency which is concerned with a disposition or other action committed by an administrative agency before this Act comes into effect or with inaction of an administrative agency in relation to an application filed before this Act comes into effect, unless otherwise provided for in these Supplementary Provisions.
(Transitional Measures Concerning Litigation)
Article 6
(1)
Prior laws continue to govern the filing of an action concerning a matter for which no action may be filed until after an administrative disposition, decision or any other act has been made by an administrative agency in response to an appeal pursuant to the provisions of laws prior to amendment by this Act, and for which the time limit for filing such an appeal has expired, with no appeal having been filed, before this Act comes into effect (if no such appeal may be filed until after an administrative disposition, decision or any other act has been made by an administrative agency in response to any other appeal, including a matter for which the time limit for filing such other appeal has expired, with no appeal having been filed, before this Act comes into effect)..
(2)
Prior laws continue to govern the filing of an action for the revocation of a disposition or any other act for which an objection has been filed against a ruling made under laws prior to amendment by the provisions of this Act (including cases where the provisions then in force remain applicable pursuant to the provisions of the preceding Article) and for which no action for revocation may be filed until after an administrative disposition has been made in response to a request for administrative review pursuant to the provisions of the laws as amended by the provisions of this Act.
(3)
Prior laws continue to govern an action for the revocation of an administrative disposition, decision or any other act of an administrative agency in response to an appeal, which has been filed before this Act comes into effect.
(Transitional Measures Concerning Penal Provisions)
Article 9
Prior laws continue to govern the applicability of penal provisions to conduct engaged in before this Act comes into effect, and conduct engaged in after this Act comes into effect in cases which, pursuant to the provisions of Article 5 of the Supplementary Provisions and the preceding two Articles, are to continue to be governed by prior laws.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 10
Beyond what is provided for in Article 5 of the Supplementary Provisions to the preceding Article, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Act comes into effect as of the date on which the Act for Partial Amendment to the Companies Act (Act No. 91 of 2014) comes into effect.