公証人法(明治四十一年法律第五十三号)
Notary Act(Act No. 53 of 1908)
最終更新:平成二十三年法律第七十四号
Last Version: Act No. 74 of 2011
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平成28年2月25日
- 最終更新:平成二十三年法律第七十四号
- 翻訳日:平成26年1月31日
- 辞書バージョン:8.0
公証人法
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Notary Act
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明治四十一年四月十四日法律第五十三号
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Act No. 53 of April 14, 1908
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第一章 総則
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Chapter I General Provisions
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一法律行為其ノ他私権ニ関スル事実ニ付公正証書ヲ作成スルコト
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(i)creating a notarized instrument with regard to a juridical act or any other fact concerning a private right;
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二私署証書ニ認証ヲ与フルコト
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(ii)certifying a private instrument;
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(iii)certifying articles of incorporation pursuant to Article 30, paragraph (1) of the Companies Act (Act No. 86 of 2005) and the provisions pursuant to which Article 30, paragraph (1) of the Companies Act applies mutatis mutandis, as well as Articles 13 and 155 of the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006); and
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四電磁的記録(電子的方式、磁気的方式其ノ他人ノ知覚ヲ以テ認識スルコト能ハザル方式(以下電磁的方式ト称ス)ニ依リ作ラルル記録ニシテ電子計算機ニ依ル情報処理ノ用ニ供セラルルモノヲ謂フ以下之ニ同ジ)ニ認証ヲ与フルコト但シ公務員ガ職務上作成シタル電磁的記録以外ノモノニ与フル場合ニ限ル
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(iv)certifying electronic or magnetic records (records made in electronic form, magnetic form, or any other form that is impossible to perceive by the human senses (hereinafter referred to as an "Electronic or Magnetic Form"), which are used in information processing by computers; the same applies hereinafter); provided, however, that this applies only in cases of certifying electronic or magnetic records other than ones created by a government employee in performing said employee's duties.
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Article 5Notaries may not undertake any other public duty, conduct commercial business or serve as a representative or employee of any commercial company or incorporated association for profit concurrently; provided, however, that this does not apply if the notary has obtained the permission of the Minister of Justice.
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Article 7-2(1)Processes relating to electronic or magnetic records which are specified as processes to be carried out by a notary pursuant to this Act and other laws and regulations, shall be handled by a notary designated by the Minister of Justice (hereinafter referred to as a "Designated Notary").
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Article 8Where there is no notary available or a notary is unable to perform the notary's duties within the jurisdictional district of any Legal Affairs Bureau or District Legal Affairs Bureau or of any branch bureau thereof, the Minister of Justice may have an official of the Ministry of Justice who works at said Legal Affairs Bureau or District Legal Affairs Bureau or at any branch bureau thereof perform the duties of a notary within its jurisdictional district.
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Article 9The provisions of this Act and other laws and regulations concerning the duties of a notary apply mutatis mutandis to an official of the Ministry of Justice who performs the notary duties; provided, however, that the fees, daily allowances, and travel expenses under Article 7 shall be treated as part of the national revenue.
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第二章 任免及所属
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Chapter II Appointment, Dismissal, and Affiliation
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一日本国民ニシテ成年者タルコト
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(i)being a Japanese national who has attained the age of majority; and
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二一定ノ試験ニ合格シタル後六月以上公証人見習トシテ実地修習ヲ為シタルコト
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(ii)having completed practical training as an apprentice for at least six months after passing a specified examination.
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第十三条ノ二法務大臣ハ当分ノ間多年法務ニ携ハリ前条ノ者ニ準スル学識経験ヲ有スル者ニシテ政令ヲ以テ定ムル審議会等(国家行政組織法(昭和二十三年法律第百二十号)第八条ニ定ムル機関ヲ謂フ)ノ選考ヲ経タル者ヲ試験及実地修習ヲ経スシテ公証人ニ任スルコトヲ得但シ第八条ニ規定スル場合ニ限ル
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Article 13-2Until otherwise provided for by law, the Minister of Justice may appoint a notary from among persons who have been engaged in legal affairs for many years and thereby acquired the relevant knowledge and experience equivalent to those held by the persons referred to in the preceding Article, and who have been selected by a council, etc. (meaning an organ as provided in Article 8 of the National Government Organization Act (Act No. 120 of 1948)) specified by Cabinet Order, without requiring them to pass a notary examination or complete the associated practical training; provided, however, that this applies only cases as provided in Article 8.
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一禁錮以上ノ刑ニ処セラレタル者但シ二年以下ノ禁錮ニ処セラレタル者ニシテ刑ノ執行ヲ終リ又ハ其ノ執行ヲ受クルコトナキニ至リタルトキハ此ノ限ニ在ラス
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(i)a person who has been sentenced to imprisonment or heavier punishment, except for a person who has been sentenced to imprisonment for not more than two years and who has served the sentence or is no longer subject to the execution of said sentence;
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二破産手続開始ノ決定ヲ受ケ復権セサル者
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(ii)a person who has been subject to an order of commencement of bankruptcy proceedings and who has not yet had said person's rights restored; and
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三罷免ノ裁判ヲ受ケタル者、懲戒ノ処分ニ因リ免官若ハ免職セラレタル者又ハ弁護士法ニ依リ除名セラレタル者ニシテ罷免、免官、免職又ハ除名後二年ヲ経過セサル者
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(iii)a judge who has been dismissed by judicial decision, a government employee dismissed from civil service following a disciplinary action or an attorney disbarred under the Attorney Act, where two years have not yet passed from such dismissal or disbarment.
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一公証人免職ヲ願出テタルトキ
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(i)the notary requests dismissal;
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二公証人期間内ニ身元保証金又ハ其ノ補充額ヲ納メサルトキ
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(ii)the notary has not paid a fidelity guarantee deposit or any amount to make up therefor by the due date;
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三公証人年齢七十歳ニ達シタルトキ
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(iii)the notary has reached the age of 70; and
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四公証人身体又ハ精神ノ衰弱ニ因リ其ノ職務ヲ執ルコト能ハサルニ至リタルトキ
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(iv)the notary has become physically or mentally weak and unable to perform said notary's duties.
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第三章 職務執行ニ関スル通則
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Chapter III General Rules for Performance of Duties
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一嘱託人、其ノ代理人又ハ嘱託セラレタル事項ニ付利害ノ関係ヲ有スル者ノ配偶者、四親等内ノ親族又ハ同居ノ親族タルトキ親族関係カ止ミタル後亦同シ
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(i)the notary is the spouse or a relative within the fourth degree of kinship of, or a relative living together with the client or said client's agent or any person who has an interest in any of the commissioned matters; the same applies after the termination of a kinship relationship;
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二嘱託人又ハ其ノ代理人ノ法定代理人、保佐人又ハ補助人タルトキ
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(ii)the notary is a statutory agent, curator or assistant of the client or said client's agent;
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三嘱託セラレタル事項ニ付利害ノ関係ヲ有スルトキ
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(iii)the notary has an interest in any of the commissioned matters; and
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四嘱託セラレタル事項ニ付代理人若ハ輔佐人タルトキ又ハ代理人若ハ輔佐人タリシトキ
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(iv)the notary is or was an agent or assistant in court with regard to any of the commissioned matters.
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Article 25(1)None of the originals of instruments created by a notary and documents annexed thereto, instruments kept on file by a notary pursuant to Article 58-2, paragraph (4) and documents annexed thereto, articles of incorporation kept on file by a notary pursuant to Article 62-3, paragraph (3) and documents annexed thereto, and books prepared by a notary pursuant to laws and regulations may be taken out of the notary's office, except where it is necessary to do so in order to avoid any dangerous circumstances; provided, however, that this does not apply if so ordered or commissioned by the court.
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第四章 証書ノ作成
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Chapter IV Creation of Instruments
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Article 29In order to create an instrument in cases where a client does not understand the Japanese language or a client is deaf or mute, or any other person who is incapable of speaking any language and who does not understand written words, notaries must have an interpreter attend the creation of said instrument.
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(2)If the certificate referred to in the preceding paragraph is a private instrument which has not been certified, the notary must have the agent prove the authenticity of said private instrument by submitting a registered seal certificate or a certificate of signature issued by a public agency in addition to said private instrument; provided, however, that this does not apply where the authenticity of said private instrument is clear from any documents kept on file by the notary.
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一未成年者
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(i)a minor;
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二第十四条ニ掲ケタル者
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(ii)the persons set forth in Article 14;
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三自ラ署名スルコト能ハサル者
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(iii)a person who is incapable of signing the person's own name;
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四嘱託事項ニ付利害ノ関係ヲ有スル者
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(iv)a person who has an interest in any of the commissioned matters;
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五嘱託事項ニ付代理人若ハ輔佐人タル者又ハ代理人若ハ輔佐人タリシ者
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(v)a person who is or was an agent or assistant in court with regard to any of the commissioned matters;
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六公証人又ハ嘱託人若ハ其ノ代理人ノ配偶者、四親等内ノ親族、法定代理人、保佐人、補助人、雇人又ハ同居人
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(vi)the spouse, a relative within the fourth degree of kinship, statutory agent, curator, assistant or employee of or a person living together with the notary or the client, or the client's agent; and
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七公証人ノ書記
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(vii)a clerk of the notary.
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一証書ノ番号
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(i)the instrument number;
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二嘱託人ノ住所、職業、氏名及年齢若法人ナルトキハ其ノ名称及事務所
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(ii)the address, occupation, name and age of the client and, if the client is a corporation, its name and office;
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三代理人ニ依リ嘱託セラレタルトキハ其ノ旨並其ノ代理人ノ住所、職業、氏名及年齢
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(iii)if the creation of the instrument is commissioned by an agent, the address, occupation, name and age of the agent;
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四嘱託人又ハ其ノ代理人ノ氏名ヲ知リ且之ト面識アルトキハ其ノ旨
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(iv)if the notary knows the name of and is acquainted with the client or said client's agent, a statement of this fact;
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五第三者ノ許可又ハ同意アリタルトキハ其ノ旨及其ノ事由並其ノ第三者ノ住所、職業、氏名及年齢若法人ナルトキハ其ノ名称及事務所
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(v)if a third party's permission or consent has been obtained, a statement of this fact and the reasons therefor, as well as the address, occupation, name and age of the third party and, if the third party is a corporation, its name and office;
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六印鑑証明書ノ提出其ノ他之ニ準スヘキ確実ナル方法ニ依リ人違ナキコトヲ証明セシメ又ハ印鑑若ハ署名ニ関スル証明書ヲ提出セシメテ証書ノ真正ナルコトヲ証明セシメタルトキハ其ノ旨及其ノ事由
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(vi)if the notary has had the client prove said client's identity by submitting a registered seal certificate or any reliable method equivalent thereto, or has had the agent prove the authenticity of the instrument by submitting a registered seal certificate or a certificate of signature, a statement of this fact and the reasons therefor;
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七第三十二条第二項但書ノ場合ハ其ノ旨及其ノ事由
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(vii)if the case falls under the proviso to Article 32, paragraph (2), a statement of this fact and the reasons therefor;
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八急迫ナル場合ニ於テ人違ナキコトヲ証明セシメサリシトキハ其ノ旨
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(viii)in the case of an emergency and if the notary has omitted having the client prove said client's identity, a statement of this fact;
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九通事又ハ立会人ヲ立会ハシメタルトキハ其ノ旨及其ノ事由並其ノ通事又ハ立会人ノ住所、職業、氏名及年齢
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(ix)if the notary has had an interpreter or observer attend the creation of an instrument, a statement of this fact and the reasons therefor, as well as the address, occupation, name and age of the interpreter or observer; and
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十作成ノ年月日及場所
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(x)the date and place of creation.
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(3)When deleting characters from an instrument, these characters must be deleted in a manner whereby they can be read clearly, and the quantity and positioning of the characters deleted must be stated in the margin or at the end of the instrument, and the notary and the client or said client's agent must affix their seals to this statement.
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Article 41(1)A certificate to prove the authority of an agent, a certificate issued by a public agency, a certificate to prove a third party's permission or consent, and any other annexed documents must be bound with the instrument created by a notary; provided, however, that when the client requests the return of the original of an annexed document, the transcript instead of the original may be bound with said instrument.
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Article 42(1)If the original of an instrument is lost, a notary must collect the authenticated copy or a transcript of the instrument that has already been issued and keep it on file in lieu of the lost instrument, with the approval of the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said notary is affiliated.
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(2)The instrument referred to in the preceding paragraph must contain a statement to the effect that the notary shall keep it on file in lieu of the lost instrument with the approval of the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said notary is affiliated, as well as a statement of the date of approval, and it must be signed and sealed by the notary.
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Article 43Notaries must have a client affix revenue stamps to the original copy of an instrument pursuant to the Stamp Tax Act.
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一証書ノ番号及種類
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(i)the instrument number and the type of instrument;
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二嘱託人ノ氏名若法人ナルトキハ其ノ名称
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(ii)the name of the client and, if the client is a corporation, its name; and
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三作成ノ年月日
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(iii)the date of creation.
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一証書ノ全文
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(i)the whole text of the instrument;
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二正本タルコト
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(ii)a statement to the effect that it is an authenticated copy;
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三交付ヲ請求シタル者ノ氏名
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(iii)the name of the person requesting the issuance; and
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四作成ノ年月日及場所
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(iv)the date and place of creation.
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Article 49(1)With regard to an instrument indicating two or more cases or an instrument representing different relationships between two or more persons, an authenticated copy thereof may be created by making excerpts of the part relevant to each case or person and a statement concerning the form of the instrument.
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Article 50When a notary has issued an authenticated copy of an instrument, the notary must state at the end of the instrument that the notary has issued the authenticated copy for the client or said client's successor, with the client's or successor's name and the date of issuance also being stated therein, and shall sign and seal said authenticated copy.
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一証書ノ全文
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(i)the whole text of the instrument;
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二謄本タルコト
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(ii)a statement to the effect that it is a transcript; and
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三作成ノ年月日及場所
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(iii)the date and place of creation.
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Article 55(1)A person who requests an authenticated copy or transcript of an instrument or a transcript of any document annexed to an instrument may personally create an authenticated copy or transcript by stating therein the particulars that should be stated, and request a notary only to sign and seal that authenticated copy or transcript.
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Article 57-2(1)With regard to the title of obligation set forth in Article 22, item (v) of the Civil Execution Act (Act No. 4 of 1979), the service of an authenticated copy or transcript thereof or of the certificate of execution and the document referred to in the second sentence of Article 29 of said Act shall be made by mail or any other method specified by the Rules of the Supreme Court.
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(3)Article 99, paragraph (2), Articles 101 through 103, Article 105, Article 106, Article 107, paragraphs (1) and (3), and Article 109 of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to the case referred to in the preceding paragraph.
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Article 57-3(1)When a notary has created an instrument as provided in Article 3 of the Act on Voluntary Guardianship Contract (Act No. 50 of 1999), the notary must commission a registry office to register a voluntary guardianship contract.
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第五章 認証
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Chapter V Certification
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Article 58-2(1)A notary shall certify a private instrument when a party, in the presence of the notary, has sworn an oath regarding the truth of what is stated in the instrument and has signed and sealed the instrument, or has acknowledged that the signature or seal affixed to the instrument is the party's own, and the notary must state this fact in said instrument.
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Article 59An instrument to be certified must contain a statement of the register number and the date and place of certification, and the notary and an observer must sign and seal the instrument, and the notary must affix the notary's seal to confirm page continuation to the instrument and the certificate register so that it overlaps them both. In this case, the particulars set forth in Article 36, item (iv) and items (vi) through (viii) must be stated in the instrument, upon a petition from the client.
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Article 60-3(1)When an instrument kept on file pursuant to Article 58-2, paragraph (4) is lost, a notary must create a transcript thereof based on the instrument that has been returned to the client or collect the transcript of the instrument that has already been issued, and must keep on file the transcript thus created or collected in lieu of the lost instrument, with the approval of the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said notary is affiliated.
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一登簿番号
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(i)the register number;
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二嘱託人ノ住所及氏名若法人ナルトキハ其ノ名称及事務所
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(ii)the address and name of the client and, if the client is a corporation, its name and office;
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三証書ノ種類及署名捺印者
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(iii)the type of instrument and the person who signed and sealed the instrument;
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四認証ノ方法
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(iv)the means of certification;
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五立会人ノ住所及氏名
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(v)the address and name of the observer; and
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六認証ノ年月日
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(vi)the date of certification.
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第六十二条ノ二会社法第三十条第一項及其ノ準用規定並一般社団法人及び一般財団法人に関する法律第十三条及第百五十五条ノ規定ニ依ル定款ノ認証ノ事務ハ法人ノ本店又ハ主タル事務所ノ所在地ヲ管轄スル法務局又ハ地方法務局ノ所属公証人之ヲ取扱フ
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Article 62-2Processes relating to the certification of articles of corporations under Article 30, paragraph (1) of the Companies Act and the provisions pursuant to which said paragraph applies mutatis mutandis, and under Articles 13 and 155 of the Act on General Incorporated Associations and General Incorporated Foundations, shall be carried out by a notary affiliated with the Legal Affairs Bureau or District Legal Affairs Bureau which has jurisdiction over the location of the head office or principal office of said corporation.
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Article 62-3(1)The commission of the certification of articles of incorporation (excluding electronic or magnetic records if the articles of incorporation are made by means of an electronic or magnetic record; the same applies hereinafter) referred to in the preceding Article must be made by submitting two copies of the articles of incorporation.
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(2)In order to certify articles of incorporation as referred to in the preceding paragraph, a notary must have the client, in the presence of the notary, acknowledge that the signature or the name and seal affixed to each copy of the articles of incorporation is said client's own, and must state this fact in said copy of the articles of incorporation.
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Article 62-4(1)A certificate to prove the authority of an agent, a certificate issued by a public agency, a certificate to prove a third party's permission or consent, and any other annexed documents must be bound with the articles of incorporation kept on file by a notary pursuant to paragraph (3) of the preceding Article.
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Article 62-6(1)A Designated Notary shall certify an electronic or magnetic record when a party, in the presence of the notary, has performed any of the following acts with regard to the information recorded in said electronic or magnetic record subject to commission (limited to the act referred to in item (ii) with regard to the information recorded in an electronic or magnetic record if the articles of incorporation referred to in Article 62-2 are created by means of electronic or magnetic record), and the notary must add the information representing this fact to the information recorded in the electronic or magnetic record in Electronic or Magnetic Form:
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一嘱託ニ係ル電磁的記録ニ記録セラレタル情報ガ其ノ者ノ作成ニ係ルモノナルコトヲ示ス措置ニシテ当該情報ガ他ノ情報ニ改変セラレタルヤ否ヤヲ確認シ得ル等作成者ヲ確実ニ示スコトヲ得ルモノトシテ法務省令ニ定ムルモノヲ為シタルトキ
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(i)where the party has taken measures to show that the party has prepared the information recorded in the electronic or magnetic record subject to commission, which are specified by Ordinance of the Ministry of Justice as measures available for verifying whether or not said information has been altered or for otherwise unequivocally showing who created said information; and
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二前号ニ規定スル措置ヲ為シタルコトヲ自認シタルトキ
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(ii)where the party has acknowledged that the party has taken the measures provided in the preceding item.
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(2)A Designated Notary shall certify an electronic or magnetic record when a party, in the presence of the Designated Notary, has sworn an oath as to the truth of what is contained in the electronic or magnetic record subject to commission and has performed any of the acts referred to in the items of the preceding paragraph, and the Designated Notary shall add the information representing this fact to the information recorded in the electronic or magnetic record in Electronic or Magnetic Form. In this case, Article 58-2, paragraph (3) applies mutatis mutandis.
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一自己ノ保有スル電磁的記録ニ記録セラレタル情報ト第一項ニ規定スル電磁的記録ニ記録セラレタル情報トガ同一ナルコトニ関スル証明
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(i)an attestation of the fact that the information recorded in the electronic or magnetic record that said person possesses is identical to the information recorded in the electronic or magnetic record provided in paragraph (1); or
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二第二項ノ規定ニ依リ保存セラレタル電磁的記録ニ記録セラレタル情報ト同一ノ情報ノ提供
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(ii)provision of information that is identical to the information recorded in the electronic or magnetic record kept on file pursuant to paragraph (2).
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Article 62-8(1)Where a Designated Notary certifies an electronic or magnetic record pursuant to the preceding two Articles or attests the relevant facts or provides the relevant information in Electronic or Magnetic Form pursuant to the preceding two Articles, the Designated Notary must take the following measures with regard to the information recorded in the electronic or magnetic record to be certified and the information added to such information pursuant to Article 62-6, or the information representing such attestation or the information provided:
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一電磁的記録ニ記録セラレタル情報ガ其ノ指定公証人ノ作成ニ係ルモノナルコトヲ示ス措置ニシテ当該情報ガ他ノ情報ニ改変セラレタルヤ否ヤヲ確認シ得ル等作成者ヲ確実ニ示スコトヲ得ルモノトシテ法務省令ニ定ムルモノヲ為スコト
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(i)taking measures to show that the Designated Notary has created the information recorded in the electronic or magnetic record, which are measures specified by Ordinance of the Ministry of Justice as those available for verifying whether or not said information has been altered or for otherwise unequivocally showing who created said information; and
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二指定公証人ガ前号ニ規定スル措置ヲ為シタルモノナルコトヲ確認スル為必要ナル事項ヲ証明スル情報ヲ電磁的方式ニ依リ付スルコト
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(ii)adding in Electronic or Magnetic Form information proving the matters necessary for verifying that the Designated Notary has taken the measures provided in the preceding item.
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第六章 代理兼務及受継
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Chapter VI Agency, Concurrent Service, and Succession
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(2)When a notary has commissioned another notary to act as the first notary's agent pursuant to the preceding paragraph, said notary must notify the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said notary is affiliated without delay. The same applies when a notary has dismissed said agent.
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Article 64(1)If a notary does not commission or is unable to commission another notary to act as the first notary's agent pursuant to paragraph (1) of the preceding Article, the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said notary is affiliated may order another notary in the jurisdictional district of the same Legal Affairs Bureau or District Legal Affairs Bureau to act as said notary's agent.
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Article 66In the event of the death, dismissal, loss of employment or reassignment of a notary, the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which the notary is affiliated must designate a government official and have that official enclose the documents in an envelope retained at the notary's office and affix a seal over the closure of the envelope, without delay, when the Director finds it necessary to do so.
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Article 67(1)In the event of the death, dismissal, loss of employment or reassignment of a notary, if a person who is to succeed said notary is not appointed immediately, the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which the notary is affiliated may order another notary in the jurisdictional district of the same Legal Affairs Bureau or District Legal Affairs Bureau to hold said notary's post concurrently with said notary's own.
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(2)When a person who is to succeed a notary becomes available to serve, the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said person is affiliated must relieve the other notary referred to in the preceding paragraph from the post the other notary is holding concurrently with the other notary's own.
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(2)Where the person who succeeds a notary or person who is holding a notary's post concurrently with said person's own is unable to receive documents from said notary due to said notary's death or for any other reason, that person must receive the documents in the presence of a government official designated by the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said person is affiliated.
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(3)A person who is appointed to succeed a notary or to hold a notary's post concurrently with said person's own after the documents have been enclosed in an envelope and a seal has been affixed over the closure of the envelope pursuant to Article 66 must open and receive said documents enclosed in the envelope in the presence of a government official designated by the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said person is affiliated.
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(2)When a person who succeeds a notary signs the name upon creating an authenticated copy or transcript of an instrument that was created by the predecessor or by the person who is holding said notary's post concurrently with the person's own, that person must state that said person is the person who is succeeding said notary.
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Article 71(1)In the event of the death, dismissal, loss of employment or reassignment of a notary, if there is no requirement for a person to be appointed to succeed said notary as a result of the revision to the prescribed number of notaries, the Minister of Justice must order another notary in the jurisdictional district of the same Legal Affairs Bureau or District Legal Affairs Bureau or the branch bureau thereof to take over that notary's documents.
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第七章 監督及懲戒
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Chapter VII Supervision and Disciplinary Action
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一公証人ノ不適当ニ取扱ヒタル職務ニ付其ノ注意ヲ促シ及適当ニ其ノ職務ヲ取扱フヘキコトヲ之ニ訓令スルコト
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(i)calling attention to a notary with regard to the improper performance of the duties and directing said notary as to how to perform the duties properly; and
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二職務ノ内外ヲ問ハス公証人ノ地位ニ不相応ナル行状ニ付之ニ諭告スルコト但シ諭告ヲ為ス前其ノ公証人ヲシテ弁明ヲ為スコトヲ得セシムヘシ
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(ii)issuing an admonition to a notary with regard to inappropriate conduct in light of the notary's position whether in the course of performing the duties or not, on condition of providing the notary with the opportunity to give an explanation before issuing said notary with an admonition.
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一譴責
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(i)reprimand;
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二十万円以下ノ過料
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(ii)a non-criminal fine of not more than 100,000 yen;
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三一年以下ノ停職
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(iii)suspension from duty for a period of not more than one year;
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四転属
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(iv)reassignment; and
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五免職
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(v)dismissal.
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附 則〔昭和二十四年五月三十一日法律第百四十一号〕
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Supplementary Provisions[Act No. 141 of May 31, 1949]
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附 則〔昭和五十四年三月三十日法律第五号〕〔抄〕
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Supplementary Provisions[Act No. 5 of March 30, 1979 Extract][Extract]
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(施行期日)
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(Effective Date)
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1この法律は、民事執行法(昭和五十四年法律第四号)の施行の日(昭和五十五年十月一日)から施行する。
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(1)This Act comes into effect as of the date on which the Civil Execution Act (Act No. 4 of 1979) comes into effect (October 1, 1980).
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(経過措置)
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(Transitional Measures)
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2この法律の施行前に申し立てられた民事執行、企業担保権の実行及び破産の事件については、なお従前の例による。
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(2)With regard to cases of civil execution, exercise of enterprise mortgages, and bankruptcy filed before this Act comes into effect, the provisions in force at the time in question continue to apply.
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附 則〔昭和五十八年十二月二日法律第七十八号〕
|
Supplementary Provisions[Act No. 78 of December 2, 1983]
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2この法律の施行の日の前日において法律の規定により置かれている機関等で、この法律の施行の日以後は国家行政組織法又はこの法律による改正後の関係法律の規定に基づく政令(以下「関係政令」という。)の規定により置かれることとなるものに関し必要となる経過措置その他この法律の施行に伴う関係政令の制定又は改廃に関し必要となる経過措置は、政令で定めることができる。
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(2)Transitional measures necessary for organizations etc. which are in existence pursuant to the provisions of laws on the day preceding the date on which this Act comes into effect and which will be in existence after this Act comes into effect pursuant to the provisions of the National Government Organization Act or a Cabinet Order under the provisions of the related laws amended by this Act (hereinafter referred to as a "Related Cabinet Order"), and other transitional measures necessary for the enactment, revision or abolition of a Related Cabinet Order upon the coming into effect of this Act, may be provided by Cabinet Order.
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附 則〔平成十一年十二月八日法律第百五十一号〕〔抄〕
|
Supplementary Provisions[Act No. 151 of December 8, 1999 Extract][Extract]
|
(施行期日)
|
(Effective Date)
|
第一条この法律は、平成十二年四月一日から施行する。
|
Article 1This Act comes into effect as of April 1, 2000.
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(経過措置)
|
(Transitional Measures)
|
第三条民法の一部を改正する法律(平成十一年法律第百四十九号)附則第三条第三項の規定により従前の例によることとされる準禁治産者及びその保佐人に関するこの法律による改正規定の適用については、次に掲げる改正規定を除き、なお従前の例による。
|
Article 3With regard to the application of provisions for revision under this Act concerning limited interdicts and the curators thereof for whom the provisions in force at the time in question are deemed to continue to apply pursuant to Article 3, paragraph (3) of the Supplementary Provisions of the Act for Partial Revision of the Civil Code (Act No. 149 of 1999), the provisions in force at the time in question continue to apply, except for the following provisions for revision:
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一第四条の規定による非訟事件手続法第百三十八条の改正規定
|
(i)the provisions for revising Article 138 of the Non-Contentious Cases Procedures Act pursuant to Article 4;
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二第七条中公証人法第十四条及び第十六条の改正規定
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(ii)the provisions in Article 7 for revising Articles 14 and 16 of the Notary Act;
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三第十四条の規定による帝都高速度交通営団法第十四条ノ六の改正規定
|
(iii)the provisions for revising Article 14-6 of the Teito Rapid Transit Authority Act pursuant to Article 14;
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四第十七条の規定による私的独占の禁止及び公正取引の確保に関する法律第三十一条の改正規定
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(iv)the provisions for revising Article 31 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade pursuant to Article 17;
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五第二十条中国家公務員法第五条第三項の改正規定
|
(v)the provisions in Article 20 for revising Article 5, paragraph (3) of the National Public Service Act;
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(vi)the provisions for revising Article 23-13 of the Horse Racing Act, Article 13 of the Japan Racing Association Act, Article 5, paragraph (4) of the Act for Establishment of the Japan Atomic Energy Commission and the Nuclear Safety Commission, Article 7, paragraph (4) of the Act for Establishment of the Council for Science and Technology Policy, Article 7, paragraph (4) of the Act for Establishment of the Space Activities Commission, Article 78, paragraph (4) of the City Planning Act, Article 11 of the Northern Territories Issue Association Act, Article 15, paragraph (4) of the Public Notice of Land Prices Act, Article 6, paragraph (4) of the Act for Establishment of the Aircraft Accidents Investigation Commission, and Article 39, paragraph (5) of the National Land Use Planning Act pursuant to Article 28;
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七第三十一条中建設業法第二十五条の四の改正規定
|
(vii)the provisions in Article 31 for revising Article 25-4 of the Construction Business Act;
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八第三十二条の規定による人権擁護委員法第七条第一項の改正規定
|
(viii)the provisions for revising Article 7, paragraph (1) of the Civil Rights Commissioner Act pursuant to Article 32;
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九第三十三条の規定による犯罪者予防更生法第八条第一項の改正規定
|
(ix)the provisions for revising Article 8, paragraph (1) of the Offenders Prevention and Rehabilitation Act pursuant to Article 33;
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十第三十五条中労働組合法第十九条の四第一項及び第十九条の七第一項の改正規定
|
(x)the provisions in Article 35 for revising Article 19-4, paragraph (1) and Article 19-7, paragraph (1) of the Labor Union Act;
|
十一第四十四条中公職選挙法第五条の二第四項の改正規定
|
(xi)the provisions in Article 44 for revising Article 5-2, paragraph (4) of the Public Offices Election Act;
|
十二第五十条中建築基準法第八十条の二の改正規定
|
(xii)the provisions in Article 50 for revising Article 80-2 of the Building Standards Act;
|
十三第五十四条中地方税法第四百二十六条の改正規定
|
(xiii)the provisions in Article 54 for revising Article 426 of the Local Tax Act;
|
十四第五十五条中商品取引所法第百四十一条第一項の改正規定
|
(xiv)the provisions in Article 55 for revising Article 141, paragraph (1) of the Commodity Exchange Act;
|
十五第五十六条中地方公務員法第九条第三項及び第八項の改正規定
|
(xv)the provisions in Article 56 for revising Article 9, paragraphs (3) and (8) of the Local Public Service Act;
|
十六第六十七条中土地収用法第五十四条の改正規定
|
(xvi)the provisions in Article 67 for revising Article 54 of the Compulsory Purchase of Land Act;
|
(xvii)the provisions for revising Article 11, paragraph (1) of the Act on UNESCO Activities, Article 7 of the Act for Establishment of the Public Security Examination Committee, and Article 24 of the Act on Social Insurance Examiners and the Examination Committee of Social Insurance pursuant to Article 70;
|
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十八第七十八条の規定による警察法第七条第四項及び第三十九条第二項の改正規定
|
(xviii)the provisions for revising Article 7, paragraph (4) and Article 39, paragraph (2) of the Police Act pursuant to Article 78;
|
(xix)the provisions for revising Article 30 of the Act on Labor Insurance Examiners and the Labor Insurance Appeal Committee, Article 9 of the Act for Establishment of the Environmental Dispute Coordination Commission, and Article 116 of the Act on Compensation, etc. of Pollution-related Health Damage pursuant to Article 80;
|
|
二十第八十一条の規定による地方教育行政の組織及び運営に関する法律第四条第二項の改正規定
|
(xx)the provisions for revising Article 4, paragraph (2) of the Act on the Organization and Operation of Local Educational Administration pursuant to Article 81;
|
二十一第八十四条の規定による農林漁業団体職員共済組合法第七十五条第一項の改正規定
|
(xxi)the provisions for revising Article 75, paragraph (1) of the Mutual Aid Associations of Agriculture, Forestry and Fishery Corporation Personnel Act pursuant to Article 84;
|
二十二第九十七条中公害紛争処理法第十六条第二項の改正規定
|
(xxii)the provisions in Article 97 for revising Article 16, paragraph (2) of the Act on the Settlement of Environmental Pollution Disputes;
|
二十三第百四条の規定による国会等の移転に関する法律第十五条第六項及び地方分権推進法第十三条第四項の改正規定
|
(xxiii)the provisions for revising Article 15, paragraph (6) of the Act on Transfer of the Diet and Other Central Government Offices, and Article 13, paragraph (4) of the Act on the Promotion of Decentralization pursuant to Article 104;
|
二十四第百八条の規定による日本銀行法第二十五条第一項の改正規定
|
(xxiv)the provisions for revising Article 25, paragraph (1) of the Bank of Japan Act pursuant to Article 108; and
|
二十五第百十条の規定による金融再生委員会設置法第九条第一号の改正規定
|
(xxv)the provisions for revising Article 9, item (i) of the Act for Establishment of the Financial Reconstruction Commission pursuant to Article 110.
|
附 則〔平成十三年十一月二十八日法律第百二十九号〕〔抄〕
|
Supplementary Provisions[Act No. 129 of November 28, 2001 Extract][Extract]
|
(施行期日)
|
(Effective Date)
|
1この法律は、平成十四年四月一日から施行する。
|
(1)This Act comes into effect as of April 1, 2002.
|
(罰則の適用に関する経過措置)
|
(Transitional Measures Concerning Application of Penal Provisions)
|
2この法律の施行前にした行為及びこの法律の規定により従前の例によることとされる場合におけるこの法律の施行後にした行為に対する罰則の適用については、なお従前の例による。
|
(2)The laws in force at the time in question continue to govern whether or not penal provisions apply to conduct that a person engages in before this Act comes into effect, and prior law continues to govern whether or not penal provisions apply to conduct that a person engages in after this Act comes into effect but which, pursuant to this Act, is to continue to be governed by the laws previously in force.
|
附 則〔平成十四年七月三十一日法律第百号〕
|
Supplementary Provisions[Act No. 100 of July 31, 2002]
|
(施行期日)
|
(Effective Date)
|
第一条この法律は、民間事業者による信書の送達に関する法律(平成十四年法律第九十九号)の施行の日から施行する。
|
Article 1This Act comes into effect as of the date on which the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) comes into effect.
|
(罰則に関する経過措置)
|
(Transitional Measures Concerning Penal Provisions)
|
第二条この法律の施行前にした行為に対する罰則の適用については、なお従前の例による。
|
Article 2With regard to the application of penal provisions to acts committed before this Act comes into effect, the provisions in force at the time in question continue to apply.
|
(その他の経過措置の政令への委任)
|
(Delegation of Other Transitional Measures to Cabinet Order)
|
第三条前条に定めるもののほか、この法律の施行に関し必要な経過措置は、政令で定める。
|
Article 3Beyond what is provided for in the preceding Article, transitional measures necessary for the implementation of this Act are provided by Cabinet Order.
|
附 則〔平成十六年六月二日法律第七十六号〕〔抄〕
|
Supplementary Provisions[Act No. 76 of June 2, 2004 Extract][Extract]
|
(施行期日)
|
(Effective Date)
|
第一条この法律は、破産法(平成十六年法律第七十五号。次条第八項並びに附則第三条第八項、第五条第八項、第十六項及び第二十一項、第八条第三項並びに第十三条において「新破産法」という。)の施行の日から施行する。
|
Article 1This Act comes into effect as of the date on which the Bankruptcy Act (Act No. 75 of 2004; referred to as the "New Bankruptcy Act" in paragraph (8) of the following Article, and in Article 3, paragraph (8), Article 5, paragraphs (8), (16) and (21), Article 8, paragraph (3), and Article 13 of the Supplementary Provisions) comes into effect.
|
(政令への委任)
|
(Delegation to Cabinet Order)
|
第十四条附則第二条から前条までに規定するもののほか、この法律の施行に関し必要な経過措置は、政令で定める。
|
Article 14Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, transitional measures necessary for the implementation of this Act are provided by Cabinet Order.
|
附 則〔平成十六年十二月三日法律第百五十二号〕〔抄〕
|
Supplementary Provisions[Act No. 152 of December 3, 2004 Extract][Extract]
|
(施行期日)
|
(Effective Date)
|
第一条この法律は、公布の日から起算して一年を超えない範囲内において政令で定める日から施行する。
|
Article 1This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
|
(罰則の適用に関する経過措置)
|
(Transitional Measures Concerning Application of Penal Provisions)
|
第三十九条この法律の施行前にした行為及びこの附則の規定によりなお従前の例によることとされる場合におけるこの法律の施行後にした行為に対する罰則の適用については、なお従前の例による。
|
Article 39With regard to the application of penal provisions to acts committed before this Act comes into effect and acts committed after this Act comes into effect in cases where the provisions in force at the time in question continue to apply pursuant to the Supplementary Provisions, the provisions then in force remain applicable.
|
(政令への委任)
|
(Delegation to Cabinet Order)
|
第四十条附則第三条から第十条まで、第二十九条及び前二条に規定するもののほか、この法律の施行に関し必要な経過措置は、政令で定める。
|
Article 40Beyond what is provided for in Articles 3 through 10, Article 29, and the preceding two Articles of the Supplementary Provisions, transitional measures necessary for the implementation of this Act are provided by Cabinet Order.
|