Article 1(1)Designated goods under Article 2, paragraph (5) of the Installment Sales Act (hereinafter referred to as the "Act") are to be the goods listed in the Appended Table 1.

(2)Designated rights under Article 2, paragraph (5) of the Act are to be the rights listed in the Appended Table 1-2.

(3)Designated services under Article 2, paragraph (5) of the Act are to be the services listed in the Appended Table 1-3.

(4)Services specified by Cabinet Order under Article 2, paragraph (6) of the Act are to be the services listed in the Appended Table 2.

Article 2(1)When an installment seller seeks to provide the matters prescribed in Article 4-2 of the Act pursuant to the provisions of that Article, the installment seller must obtain prior consent from the user, purchaser, or service recipient in writing or by the means prescribed in the first sentence of that Article (hereinafter referred to as "electronic or magnetic means" in this Article and Article 25) by indicating the type and details of the electronic or magnetic means to be used, as specified by Order of the Ministry of Economy, Trade, and Industry and Cabinet Office Order.

(2)If an installment seller who has obtained the consent pursuant to the provisions of the preceding paragraph receives a notification in writing or by electronic or magnetic means from the user, the purchaser, or the service recipient, stating that they will not accept provision of matters by electronic or magnetic means, the installment seller must not provide the matters prescribed in Article 4-2 of the Act by electronic or magnetic means to the user, the purchaser, or the service recipient; provided, however, that this does not apply when the user, the purchaser, or the service recipient gives the consent prescribed in the preceding paragraph once again.

Article 3Designated goods specified by Cabinet Order set forth in Article 7 of the Act are to be the designated goods listed in the Appended Table 1 (excluding those listed in items (i), (xliii), and (xliv) of the same Table).

Article 4The amount specified by Cabinet Order set forth in Article 11, item (i) and Article 35-3-61, item (i) of the Act is to be 10 million yen.

Article 5(1)The amount prescribed in Article 15, paragraph (1), item (ii) of the Act (including as applied mutatis mutandis pursuant to Article 35-3-62 of the Act) is to be 100 million yen for a corporation that has 50 or more business offices or agencies, 50 million yen for a corporation that has 10 or more but less than 50 business offices or agencies, and 20 million yen for other corporations.

(2)The amount prescribed in Article 33-2, paragraph (1), item (ii) of the Act (including as applied mutatis mutandis pursuant to Article 33-3, paragraph (2) of the Act) is to be 20 million yen.

Article 6The amount of total assets or total liabilities prescribed in Article 15, paragraph (2) of the Act (including as applied mutatis mutandis pursuant to Article 33-2, paragraph (2), Article 33-3, paragraph (2), Article 35-3-26, paragraph (2), Article 35-3-27, paragraph (2), and Article 35-3-62 of the Act) is to be calculated based on the book value (out of the assets, regarding negotiable instruments receivable, accounts receivable, accounts due, and loans receivable, the amount of allowance for doubtful accounts; and regarding tangible fixed assets (excluding land and construction in progress), the amount that remains after deducting allowance for depreciation; the same applies hereinafter) as of a fixed date within one month prior to the date for filing an application for a license under Article 12, paragraph (1) of the Act (including as applied mutatis mutandis pursuant to Article 35-3-62 of the Act), the date for filing an application for registration under Article 32, paragraph (1), or Article 35-3-24, paragraph (1) of the Act, the date for filing an application for registration of change under Article 33-3, paragraph (1) of the Act, or the date for filing an application for renewal of registration under Article 35-3-27, paragraph (1) of the Act (hereinafter referred to as the "date of calculation"); provided, however, that when the book value of the assets exceeds the amount of the assets assessed as of the date of calculation, or the book value of the liabilities falls below the amount of the liabilities assessed as of the date of calculation, the amount of total assets or total liabilities is to be calculated based on the assessed amount.

Article 7Financial institutions specified by Cabinet Order set forth in Article 18-3, paragraph (4) of the Act (including as applied mutatis mutandis pursuant to Article 35-3-62 of the Act) are to be the Shokochukin Bank, Ltd., insurance companies, Shinkin Banks, labor banks, federations of labor banks, and credit cooperatives with total capital contribution of 50 million yen or more.

Article 8(1)A person who seeks to receive a refund of a business security deposit or a prepaid services security deposit for executing the rights set forth in Article 21, paragraph (1) of the Act (including as applied mutatis mutandis pursuant to Article 35-3-62 of the Act; the same applies hereinafter) may request written confirmation from the Director of the Regional Bureau of Economy, Trade and Industry who has jurisdiction over the location of the principal office of the licensed installment seller or a person who has obtained a license set forth in Article 35-3-61 of the Act (hereinafter referred to as a "licensed installment seller, etc.") with whom the person made the business security deposit or prepaid services security deposit, or concluded a security deposit entrustment contract for the prepaid services security deposit (hereinafter referred to as a "security deposit entrustment contract").

(2)The Director of the Regional Bureau of Economy, Trade and Industry must not issue a written confirmation in the following cases:

Article 9In cases where a person who has the rights set forth in Article 21, paragraph (1) of the Act receives a refund of a business security deposit or prepaid services security deposit, the person must attach a written confirmation except for cases where the person receives a refund of business security deposit or a prepaid services security deposit through procedures for the payment of dividends under Article 13.

Article 10(1)The Director of the Regional Bureau of Economy, Trade and Industry who has jurisdiction over the location of the principal office of a licensed installment seller, etc. who has made a business security deposit or a licensed installment seller, etc. who has made a prepaid services security deposit (excluding a person who has concluded a security deposit entrustment contract as a preservative measure for advances received) must, when the licensed installment seller, etc. falls under any of Article 27, paragraph (1), items (i) through (iv) of the Act (including as applied mutatis mutandis pursuant to Article 35-3-62 of the Act) or when a person who has the rights set forth in Article 21, paragraph (1) of the Act or the licensed installment seller, etc. has made a notification that the licensed installment seller, etc. falls under Article 27, paragraph (1), item (v) or item (vi) of the Act (including as applied mutatis mutandis pursuant to Article 35-3-62 of the Act), give a public notice, without delay, to a person who has the rights set forth in Article 21, paragraph (1) of the Act that the person should file their claims to the Director of the Regional Bureau of Economy, Trade and Industry within a certain period of time not less than sixty days and that if the person fails to file their claims within the period, the person should be excluded from the procedures to execute the rights in relation to the business security deposit or prepaid services security deposit pertaining to the public notice.

(2)The Director of the Regional Bureau of Economy, Trade and Industry, when having determined not to issue a written confirmation pursuant to Article 8, paragraph (2), item (iii), must give a public notice, without delay, to a person who has the rights set forth in Article 21, paragraph (1) of the Act that the person should file their claims to the Director of the Regional Bureau of Economy, Trade and Industry within a certain period of time not less than sixty days and that if the person fails to file their claims within the period, the person should be excluded from the procedures to execute the rights in relation to the business security deposit or preservative measure for advances received pertaining to the public notice.

(3)When a public notice under Article 20-3, paragraph (1) of the Act has been given or the Director of the Regional Bureau of Economy, Trade and Industry has given a public notice pursuant to the provisions of the preceding two paragraphs, the Director must give a notice to a licensed installment seller, etc. (where the person has concluded a security deposit entrustment contract, to that person and the entrusted person of the security deposit entrustment contract; the same applies in Article 12, paragraph (1) and paragraph (2)), and a person who has made a request under Article 8, paragraph (1) to that effect.

(4)After a public notice under paragraph (2) has been given, the progress of the procedures will not be hindered even in cases where a person who made a request under Article 8, paragraph (1) has withdrawn the request.

Article 11(1)The Director of the Regional Bureau of Economy, Trade and Industry must carry out an examination of rights without delay, after the period set forth in Article 20-3, paragraph (1) of the Act or paragraph (1) or paragraph (2) of the preceding Article has passed.

(2)The Director of the Regional Bureau of Economy, Trade and Industry must publicly notify the date and place and give a notice to a licensed installment seller, etc. in advance, and provide a person who has made a request under Article 8, paragraph (1), a person who has filed their claims within the period set forth in Article 20-3, paragraph (1) of the Act or paragraph (1) or paragraph (2) of the preceding Article, and a licensed installment seller, etc. with the opportunity to present evidence and state their opinions with regard to the existence of their rights and the amount of their claims secured by the rights.

Article 12(1)The Director of the Regional Bureau of Economy, Trade and Industry must promptly prepare a distribution list, based on the results of the examination of rights under the preceding Article related to a person who has filed their claims pertaining to a public notice under Article 20-3, paragraph (1) of the Act or Article 10, paragraph (1) or paragraph (2) (in cases other than those prescribed in the following paragraph, where a public notice under Article 20-3, paragraph (1) of the Act has been given after a public notice under Article 10, paragraph (2) was given or where a public notice under Article 10, paragraph (1) has been given, related to a person who has filed their claims pertaining to a public notice under Article 20-3, paragraph (1) of the Act or Article 10, paragraph (1) and a public notice under paragraph (2) of that Article), and must publicly notify the list and give a notice to a licensed installment seller, etc.

(2)When a public notice under Article 20-3, paragraph (1) of the Act has been given or the Director of the Regional Bureau of Economy, Trade and Industry has given a public notice under Article 10, paragraph (1) on or after the day on which the Director publicly notified a distribution list pertaining to the public notice under Article 10, paragraph (2) up to the day on which eighty days have passed from the day of the public notice of the distribution list, the Director must promptly correct the distribution list, based on the results of the examination of rights under the preceding Article related to a person who has filed their claims pertaining to the public notice under Article 20-3, paragraph (1) of the Act or Article 10, paragraph (1) and the public notice under paragraph (2) of that Article, and must publicly notify the corrected list and give a notice to a licensed installment seller, etc.

(3)The distribution list is to be prepared or corrected with regard to business security deposits and prepaid services security deposits that have been deposited up to the final day of the period set forth in Article 20-3, paragraph (1) of the Act or Article 10, paragraph (1) or paragraph (2).

Article 13Dividends are to be paid in accordance with the distribution list at least eighty days after the day on which public notice under paragraph (1) of the preceding Article is given (in the cases prescribed in paragraph (2) of the preceding Article, from the day on which the public notice under the paragraph is given).

Article 14When the whereabouts of a licensed installment seller, etc. are unknown, notice to the licensed installment seller, etc. under Article 10, paragraph (3), Article 11, paragraph (2), and Article 12, paragraph (1) and paragraph (2) is not required.

Article 15In cases where securities (including book-entry transfer company bonds, etc. prescribed in Article 129, paragraph (1) of the Act on Book-Entry Transfer of Company Bonds, etc. (Act No.75 of 2001)) are deposited, the Director of the Regional Bureau of Economy, Trade and Industry may realize them when necessary.In this case, the expenses for the realization are deducted from the realization price.

Article 16Beyond what is provided for in this Cabinet Order, necessary matters concerning the execution of the rights under Article 21 of the Act (including as applied mutatis mutandis pursuant to Article 35-3 and Article 35-3-62 of the Act) are specified by Order of the Ministry of Justice and Order of the Ministry of Economy, Trade and Industry.

Article 17The provisions of Article 2 apply mutatis mutandis to loan affiliated installment sellers.In this case, the term "Article 4-2 of the Act" in Article 2, paragraph (1) and paragraph (2) is deemed to be replaced with "Article 4-2 of the Act as applied mutatis mutandis pursuant to Article 29-4, paragraph (1) of the Act."

Article 18(1)The amount specified by Cabinet Order set forth in Article 30-4, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 29-4, paragraph (2) of the Act is to be 40,000 yen.

(2)The amount specified by Cabinet Order set forth in Article 30-4, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 29-4, paragraph (2) of the Act, as applied mutatis mutandis pursuant to Article 30-5, paragraph (1) of the Act, as applied mutatis mutandis pursuant to Article 29-4, paragraph (3) of the Act, is to be 38,000 yen.

Article 19In cases where the provisions of Article 30-4 of the Act as applied mutatis mutandis pursuant to Article 29-4, paragraph (2) of the Act are applied mutatis mutandis, pursuant to the provisions of Article 30-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 29-4, paragraph (3) of the Act, to the payment of tender pertaining to loan affiliated installment sales prescribed in Article 2, paragraph (2), item (ii) of the Act, the provisions of Article 22 apply mutatis mutandis.In this case, the phrase "obligation pertaining to the intermediation of comprehensive credit purchases" in Article 22 is deemed to be replaced with "obligation pertaining to loan affiliated installment sales"; the phrase "the fee for the intermediation of comprehensive credit purchases" in item (i) of the same Article is deemed to be replaced with "interest and other fees for the loan pertaining to the loan affiliated installment sales"; and the term "Article 30-5, paragraph (1), item (iv) of the Act" in item (v) of the same Article is deemed to be replaced with "Article 30-5, paragraph (1), item (iv) of the Act as applied mutatis mutandis pursuant to Article 29-4, paragraph (3) of the Act."

Article 20In cases where the provisions of Article 30-5 of the Act are applied mutatis mutandis, pursuant to the provisions of Article 29-4, paragraph (3) of the Act, with regard to the payment of tender pertaining to loan affiliated installment sales prescribed in Article 2, paragraph (2), item (ii) of the Act, technical replacement of terms is to be as shown in the following Table:

Article 21(1)The amount specified by Cabinet Order set forth in Article 30-4, paragraph (4) of the Act is to be 40,000 yen.

(2)The amount specified by Cabinet Order set forth in Article 30-4, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 30-5, paragraph (1) of the Act is to be 38,000 yen.

Article 22In cases where the provisions of Article 30-4 of the Act are applied mutatis mutandis pursuant to the provisions of Article 30-5, paragraph (1) of the Act, with regard to the payment of tender pertaining to the intermediation of comprehensive credit purchases prescribed in Article 2, paragraph (3), item (ii) of the Act, the payment of tender is deemed to have been appropriated, at each time of the payment, to the obligation pertaining to the intermediation of comprehensive credit purchases set forth in the following items, as prescribed in the items, beyond what is provided for in that paragraph:

Article 23The provisions of Article 2 apply mutatis mutandis to comprehensive credit purchase intermediaries, sellers for the intermediation of comprehensive credit purchases, or service providers for the intermediation of comprehensive credit purchases.In this case, the term "Article 4-2 of the Act" in Article 2 is deemed to be replaced with "Article 4-2 of the Act as applied mutatis mutandis pursuant to Article 30-6 of the Act."

Article 24The amount specified by Cabinet Order set forth in Article 35-3-19, paragraph (4) of the Act is to be 40,000 yen.

Article 25(1)When a seller for the intermediation of individual credit purchases, a service provider for the intermediation of individual credit purchases, or an individual credit purchase intermediary seeks to provide matters prescribed in Article 35-3-22, paragraph (1) of the Act, pursuant to the provisions of that paragraph, they must obtain prior consent from the purchaser or the service recipient, in writing or by electronic or magnetic means, by indicating the type and content of the electronic or magnetic means to be used, as specified by Order of the Ministry of Economy, Trade, and Industry and Cabinet Office Order.

(2)If a seller for the intermediation of individual credit purchases, a service provider for the intermediation of individual credit purchases, or an individual credit purchase intermediary who has obtained the consent pursuant to the provisions of the preceding paragraph receives a notification in writing or by electronic or magnetic means from the purchaser or the service recipient, stating that they will not accept provision of matters by electronic or magnetic means, the seller for the intermediation of individual credit purchases, the service provider for the intermediation of individual credit purchases, or the individual credit purchase intermediary must not provide matters prescribed in Article 35-3-22, paragraph (1) of the Act by electronic or magnetic means to the purchaser or the service recipient; provided, however, that this does not apply when the purchaser or the service recipient gives the consent prescribed in the preceding paragraph once again.

(3)Beyond what is provided for in the preceding two paragraphs, an individual credit purchase intermediary who provides matters prescribed in Article 35-3-22, paragraph (2) of the Act by electronic or magnetic means (excluding means specified by Order of the Ministry of Economy, Trade, and Industry and Cabinet Office Order set forth in the same paragraph) must confirm that the matters have been recorded in a file on the computer used by the purchaser or the service recipient, as specified by Order of the Ministry of Economy, Trade, and Industry and Cabinet Office Order.

Article 26The amount specified by Cabinet Order set forth in Article 35-3-26, paragraph (1), item (ii) of the Act (including as applied mutatis mutandis pursuant to Article 35-3-27, paragraph (2) of the Act) is to be 50 million yen.

Article 27The amount specified by Cabinet Order set forth in Article 35-3-27, paragraph (5) of the Act is to be 37,500 yen (in the case of filing an application by using the electronic data processing system prescribed in Article 3, paragraph (1) of the Act on Use of Information and Communications Technology in Administrative Procedure (Act No. 151 of 2002) pursuant to the provisions of that paragraph, the amount is to be 34,400 yen).

Article 28The law specified by Cabinet Order set forth in Article 8, item (vi) of the Act as applied mutatis mutandis pursuant to Article 35-3-62 of the Act is to be the Travel Agency Act (Act No. 239 of 1952).

Article 29(1)An application for certification under Article 35-18, paragraph (1) of the Act must be filed by submitting a written application stating the following matters to the Minister of Economy, Trade and Industry:

(2)The application set forth in the preceding paragraph must be attached with the articles of incorporation and other documents specified by Order of the Ministry of Economy, Trade and Industry.

Article 30The consultation under Article 36, paragraph (2) of the Act is to be made by the competent ministers listed in the following items with the Consumer Economic Affairs Council or the Consumer Commission specified in the relevant item:

Article 31(1)The Minister of Economy, Trade and Industry and the minister having jurisdiction over the physical distribution of the goods may require, pursuant to the provisions of Article 40, paragraph (1) of the Act, a person who engages in installment sales prescribed in Article 2, paragraph (1), item (i) of the Act (hereinafter simply referred to as "installment sales" in this paragraph) in the course of trade to make a report with regard to the following matters:

(2)The Minister of Economy, Trade and Industry may require, pursuant to the provisions of Article 40, paragraph (1) of the Act, a licensed installment seller to make a report with regard to the following matters:

(3)The Prime Minister may require a licensed installment seller to make a report with regard to matters concerning the operation of the prepaid installment sale business pursuant to the provisions of Article 40, paragraph (2) of the Act.

(4)The Minister of Economy, Trade and Industry may order a comprehensive credit purchase intermediary to make a report or to submit books, documents, or other objects with regard to the following matters pursuant to the provisions of Article 40, paragraph (3) of the Act:

(5)The Minister of Economy, Trade and Industry may order, pursuant to the provisions of Article 40, paragraph (3) of the Act, an individual credit purchase intermediary to make a report or submit books, documents, or other objects with regard to the following matters:

(6)The matter that the Prime Minister may order, pursuant to the provisions of Article 40, paragraph (4) of the Act, a comprehensive credit purchase intermediary to make a report or submit books, documents, or other objects is the status of the implementation of the measures prescribed in Article 30-5-2 of the Act.

(7)The Prime Minister may order, pursuant to the provisions of Article 40, paragraph (4) of the Act, an individual credit purchase intermediary to make a report or submit books, documents, or other objects with regard to the following matters:

(8)The Minister of Economy, Trade and Industry may require, pursuant to the provisions of Article 40, paragraph (5) of the Act, a person who has obtained a license set forth in Article 35-3-61 of the Act to make a report with regard to the following matters:

(9)The Minister of Economy, Trade and Industry may require, pursuant to the provisions of Article 40, paragraph (5) of the Act, a designated entrusted institution to make a report with regard to the following matters:

(10)The Prime Minister may require, pursuant to the provisions of Article 40, paragraph (6) of the Act, a person who has obtained a license set forth in Article 35-3-61 of the Act to make a report with regard to the following matters:

(11)The Minister of Economy, Trade and Industry may require, pursuant to the provisions of Article 40, paragraph (7) of the Act, a credit card, etc. purchase intermediary or a brokerage agency of advance payment to make a report with regard to the following matters:

(12)The Minister of Economy, Trade and Industry may require, pursuant to the provisions of Article 40, paragraph (8) of the Act, a person who has been entrusted with a business related to the intermediation of comprehensive credit purchases by a comprehensive credit purchase intermediary to make a report with regard to matters concerning the entrusted business related to the intermediation of comprehensive credit purchases.

Article 32(1)The Minister of Economy, Trade and Industry may order, pursuant to the provisions of Article 40, paragraph (9) of the Act, a report to be made or the submission of books, documents, or other materials with regard to the following matters:

(2)The person specified by Cabinet Order set forth in Article 40, paragraph (9) of the Act is be a seller for the intermediation of individual credit purchases and a service provider for the intermediation of individual credit purchases.

Article 33(1)The following affairs that are under the authority of the Minister of Economy, Trade and Industry are to be undertaken by the prefectural governor having jurisdiction over the area of the prefecture that includes the place where a seller for the intermediation of individual credit purchases or a service provider for the intermediation of individual credit purchases related to the individual credit purchase intermediary solicits application for or conclusion of sales contracts for the intermediation of individual credit purchases or service contracts for the intermediation of individual credit purchases pertaining to a contract that falls under any of Article 35-3-5, paragraph (1), item (i), or items (iii) through (v) of the Act; provided, however, that this does not preclude the Minister of Economy, Trade and Industry from personally exercising the authority when the fairness of transactions for the intermediation of individual credit purchases or the interests of purchasers or service recipients are likely to be damaged in the area across two or more prefectures and the Minister of Economy, Trade and Industry finds it especially necessary in order to address the situation in a proper and effective manner, or when there has been a request from a prefectural governor:

(2)The following affairs that are under the authority of the Minister of Economy, Trade and Industry are to be undertaken by the prefectural governor having jurisdiction over the area of the prefecture that includes the place where a person has received the solicitation for application for or conclusion of sales contracts for the intermediation of individual credit purchases or service contracts for the intermediation of individual credit purchases pertaining to a contract that falls under Article 35-3-5, paragraph (1), item (ii) of the Act by a seller for the intermediation of individual credit purchases or a service provider for the intermediation of individual credit purchases related to the individual credit purchase intermediary; provided, however, that this does not preclude the Minister of Economy, Trade and Industry from personally exercising the authority when the fairness of transactions for the intermediation of individual credit purchases or the interests of purchasers or service recipients are likely to be damaged in the area across two or more prefectures and the Minister of Economy, Trade and Industry finds it especially necessary in order to address the situation in a proper and effective manner, or when there has been a request from a prefectural governor:

(3)The affairs that are under the authority of the Minister of Economy, Trade and Industry as prescribed in Article 40, paragraph (1) and paragraph (5) and Article 41, paragraph (1) of the Act, which pertain to a licensed installment seller or a person who has obtained a license set forth in Article 35-3-61 of the Act and who has business offices and agency offices only in one prefecture are to be undertaken by the governor of that prefecture; provided, however, that this does not preclude the Minister of Economy, Trade and Industry from personally exercising the authority.

(4)A prefectural governor who has undertaken the affairs prescribed in the preceding three paragraphs pursuant to the provisions of those paragraphs, must report the results thereof to the Minister of Economy, Trade and Industry, as specified by Order of the Ministry of Economy, Trade and Industry.

(5)In the case referred to in the main clause of paragraph (1), the main clause of paragraph (2), and the main clause of paragraph (3), the provisions of the Act concerning the Minister of Economy, Trade and Industry pertaining to the affairs prescribed in the main clause of paragraph (1), the main clause of paragraph (2), and the main clause of paragraph (3) (excluding the provisions of Article 35-3-21, paragraph (2) and paragraph (3), and Article 35-3-32, paragraph (3) and paragraph (4) of the Act) apply to prefectural governors as the provisions concerning prefectural governors.

Article 34The following authority of the Minister of Economy, Trade and Industry based on the Act is to be undertaken by the Director of the Regional Bureau of Economy, Trade and Industry who has jurisdiction over the location of the main business office of an installment seller, a comprehensive credit purchase intermediary, an individual credit purchase intermediary, a person who has obtained a license set forth in Article 35-3-61 of the Act, a credit card, etc. purchase intermediary, a brokerage agency of advance payment, or a person who uses a designated credit bureau; provided, however, that this does not preclude the Minister of Economy, Trade and Industry from personally exercising the authority listed in items (i) through (iii), item (v), and items (vii) through (xi):

Article 35The authority specified by Cabinet Order set forth in Article 48, paragraph (2) of the Act is to be the authority based on the provisions of Article 20-2, paragraph (3) and paragraph (4); Article 23, paragraph (3) and paragraph (4) of the Act (including as applied mutatis mutandis pursuant to Article 35-3-62 of the Act); Article 30-5-3, paragraph (2) and paragraph (3); Article 34-2, paragraph (3) and paragraph (4); Article 35-3-21, paragraph (2) and paragraph (3); Article 35-3-32, paragraph (3) and paragraph (4); Article 36, paragraph (2); and Article 41-2.