Order for Enforcement of the Act on Strengthening Industrial Competitiveness（Cabinet Order No. 13 of 2014）
Last Version： Cabinet Order No. 285 of 2022
目次
履歴
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▶本則
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令和7年3月21日
- 最終更新：令和四年政令第二百八十五号
- 翻訳日：令和6年3月15日
- 辞書バージョン：16.0
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令和6年4月23日
- 最終更新：令和四年政令第二百八十五号
- 翻訳日：令和6年3月15日
- 辞書バージョン：16.0
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令和2年3月27日
- 最終更新：
- 翻訳日：平成31年4月12日
- 辞書バージョン：13.0
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平成28年11月16日
- 最終更新：
- 翻訳日：平成27年1月20日
- 辞書バージョン：10.0
Order for Enforcement of the Act on Strengthening Industrial Competitiveness (Any data that the title of a law indicates to be a "Tentative translation" has not yet been proofread or corrected by a native English speaker or legal translation expert; this data may be revised in the future.Tentative translation)
Cabinet Order No. 13 of January 17, 2014
The Cabinet hereby enacts this Cabinet Order pursuant to the provisions of Article 2, paragraph (14), paragraph (17), item (v) and item (viii), and paragraph (26), Article 28, paragraph (1), Article 34, paragraph (1) and paragraph (3), Article 35, paragraph (1), the items of Article 39, paragraph (1), Article 41, paragraph (1), item (i) and paragraph (4), item (i), Article 54, paragraph (3), Article 55, paragraph (3), Article 61, paragraph (1), Article 75, the proviso to Article 99, paragraph (2), Article 115, paragraph (4) and paragraph (5), Article 121, paragraph (3) and paragraph (8), Article 128, paragraph (6), and Article 133, item (i) of the Act on Strengthening Industrial Competitiveness (Act No. 98 of 2013) and for the purpose of implementing the same Act.
(Procedures for Exclusion from Corporate Rehabilitation)
Article 1The Act specified by Cabinet Order as set forth in Article 2, paragraph (19) of the Act on Strengthening Industrial Competitiveness (hereinafter referred to as the "Act" except in Article 6, item (xiv), Article 10, item (xiv), and Article 19, item (xiii)) is the Act on Special Treatment of Corporate Reorganization Proceedings and Other Insolvency Proceedings of Financial Institutions (Act No. 95 of 1996).
(Scope of Small and Medium-Sized Enterprises)
Article 2(1)The business types specified by Cabinet Order aa set forth in Article 2, paragraph (22), item (v) of the Act and, the amount of stated capital or the total amount of contributions for each of those business types, and the number of regular employees for each of those business types, as specified by Cabinet Order, as set forth in the same item, are to be as shown in the following table:
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Provisions of the Companies Act for which the phrases are deemed to be replaced
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Business type
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Amount of stated capital or total amount of contributions
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Number of regular employees
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(i)
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rubber products manufacturing industry (excluding the automobile or aircraft tire and tube manufacturing industry, and industrial belt manufacturing industry)
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300,000,000 yen
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900 employees
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(ii)
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software service industry or information processing service industry
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300,000,000 yen
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300 employees
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(iii)
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hotel business industry
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50,000,000 yen
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200 employees
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(2)The partnerships and their federations specified by Cabinet Order as set forth in Article 2, paragraph (22), item (viii) of the Act are as follows:
(i)business cooperatives, minor business cooperatives and federations of cooperatives;
(ii)fishery processing cooperatives and federations of fishery processing cooperatives;
(iii)commercial and industrial cooperatives and federations of commercial and industrial cooperatives;
(iv)shopping district promotion cooperatives and federations of shopping district promotion cooperatives;
(v)among environmental health industry cooperatives, minor environmental health industry cooperatives and federations of environmental health industry cooperatives, those of which not less than two thirds of the direct or indirect members are corporations whose amount of stated capital or total amount of contributions is not more than 50,000,000 yen (or 100,000,000 yen in case of a business whose principal business is the wholesale business), or those who regularly employ not more than 50 employees (or 100 employees in case of a business whose principal business is the wholesale business or the service business);
(vi)among Sake brewer cooperatives, federations of Sake brewer cooperatives and the Japan Sake and Shochu Makers Association, those of which not less than two thirds of the direct or indirect members, which are Sake brewers, are corporations whose amount of stated capital or total amount of contributions is not more than 300,000,000 yen, or those who regularly employ not more than 300 employees, and among Sake merchant cooperatives, federations of Sake merchant cooperatives and Japan Sake merchant associations, those of which not less than two thirds of the direct or indirect members, which are Sake merchant businesses, are corporations whose amount of stated capital or total amount of contributions is not more than 50,000,000 yen (or 100,000,000 yen in case of a Sake wholesale business), or those who regularly employ not more than 50 employees (or 100 employees in case of a Sake wholesale business);
(vii)among coastal shipping cooperatives and federations of coastal shipping cooperatives, those of which not less than two thirds of the direct or indirect members, which are those engaged in the coastal shipping business, are corporations whose amount of stated capital or total amount of contributions is not more than 300,000,000 yen, or those who regularly employ not more than 300 employees; and
(viii)among technology research cooperatives, those of which not less than two thirds of the direct or indirect members are the small or medium-sized enterprise prescribed in Article 2, paragraph (22), items (i) through (vii) of the Act.
(Financial Institutions in Relation to the Issuance of Specified Letter of Credit)
Article 3The financial institution as specified by Cabinet Order set forth in Article 2, paragraph (32) of the Act is as follows:
(i)bank;
(ii)Shokochukin Bank;
(iii)Development Bank of Japan;
(iv)Shinkin Bank and federation of Shinkin Banks;
(v)labor bank and federation of labor banks;
(vi)credit cooperative and federation of credit cooperatives (meaning a federation of cooperatives that conducts the business referred to in Article 9-9, paragraph (1), item (i) of the Small and Medium-Sized Enterprise Cooperatives Act (Act No. 181 of 1949));
(vii)agricultural cooperative and federation of agricultural cooperatives;
(viii)fisheries cooperative and federation of fisheries cooperatives;
(ix)Norinchukin Bank; or
(x)insurance company.
Article 4With respect to the application of the provisions of Article 4, paragraph (2) of the Order for Enforcement of the Payment Services Act (Cabinet Order No. 19 of 2010) to the prepaid payment instruments prescribed in Article 3, paragraph (1) of the Payment Services Act (Act No. 59 of 2009) (limited to those for which an amount exceeding the consideration therefor is specified as the amount that is available for the payment of proceeds and which satisfy the requirements specified by Cabinet Office Order and Order of the Ministry of Economy, Trade and Industry) which are issued by a society of commerce and industry, chamber of commerce and industry, or prefectural federation of societies of commerce and industry (limited to one that has a financial basis in conformity with the standards specified by Cabinet Office Order and Order of the Ministry of Economy, Trade and Industry and that is found to be necessary for implementing new business activities, and excluding one that falls under Article 10, paragraph (1), item (iv), (vii), (viii), or (ix) of the same Act) as new business activities (meaning the new business activities prescribed in Article 2, paragraph (4) of the Act; hereinafter the same applies in this Article), the phrase "six months" in Article 4, paragraph (2) of the Order for Enforcement of the Payment Services Act is deemed to be replaced with "three years".
(Designated Financial Institutions, etc. Regarding Business Operations to Support Business Activities Utilizing Innovative Technology Research Results)
Article 5Those specified by Cabinet Order as set forth in Article 21-6, paragraph (1), item (i) of the Act are as follows:
(i)bank;
(ii)long term credit bank;
(iii)Shokochukin Bank;
(iv)Development Bank of Japan;
(v)Shinkin Bank and federation of Shinkin Banks;
(vi)labor bank and federation of labor banks;
(vii)credit cooperative and federation of credit cooperatives;
(viii)agricultural cooperative and federation of agricultural cooperatives;
(ix)fisheries cooperative, federation of fisheries cooperatives, fishery processing cooperative, and federation of fishery processing cooperatives;
(x)Norinchukin Bank;
(xi)insurance company;
(xii)trust company that loans funds or underwrites bonds on a regular basis;
(xiii)subsidiary company of any of the persons set forth in the preceding items (meaning one specified by Order of the Ministry of Economy, Trade and Industry as a corporation of which management is controlled by the person set forth in any of the preceding items) that loans funds or underwrites bonds on a regular basis; and
(xiv)investment limited partnership prescribed in Article 2, paragraph (2) of the Limited Partnership Act for Investment (Act No. 90 of 1998) that loans funds or underwrites bonds on a regular basis.
(Acts Which Form a Basis for Designation as a Designated Financial Institution, etc. Regarding Business Operations to Support Business Activities Utilizing Innovative Technology Research Results)
Article 6The Acts specified by Cabinet Order as set forth in Article 21-6, paragraph (4), item (i) of the Act are as follows:
(i)Agricultural Cooperatives Act (Act No. 132 of 1947);
(ii)Fisheries Cooperatives Act (Act No. 242 of 1948);
(iv)Act on Financial Businesses by Cooperatives (Act No. 183 of 1949);
(v)Shinkin Bank Act (Act No. 238 of 1951);
(vi)Long Term Credit Bank Act (Act No. 187 of 1952);
(vii)Labor Bank Act (Act 227 of 1953);
(viii)Banking Act (Act No. 59 of 1981);
(ix)Insurance Business Act (Act No. 105 of 1995);
(x)Norinchukin Bank Act (Act No. 93 of 2001);
(xi)Trust Business Act (Act No. 154 of 2004);
(xii)Shokochukin Bank Act (Act No. 74 of 2007);
(xiii)Development Bank of Japan Act (Act No. 85 of 2007); and
(Approved Business Adaptation-Related Measures)
Article 7The measures specified by Cabinet Order as set forth in Article 21-17, paragraph (1), item (i) of the Act are the following measures (excluding those that fall under the category of R&D, investment necessary for utilizing the information technology, or introduction of equipment that streamlines production processes, etc.(meaning the equipment that streamlines production processes, etc. prescribed in Article 2, paragraph (13) of the Act) or equipment for production of demand-creating goods (meaning the equipment for production of demand-creating goods prescribed in Article 2, paragraph (14) of the Act)) for which the borrowing of a long-term fund (meaning a fund required for a period of five years or longer; the same applies in Article 16) is necessary:
(i)investment necessary for responding to an unforeseeable change in the economy and social circumstances; and
(ii)investment necessary for reducing the environmental load caused by energy use.
(Application of the Order for Enforcement of the Japan Finance Corporation Act Regarding Business Operations to Facilitate Business Adaptation Promotion)
Article 8If business operations to facilitate business adaptation promotion (meaning the business operations to facilitate business adaptation promotion prescribed in Article prescribed in Article 21-17, paragraph (1) of the Act) are undertaken, the phrase "Article 59, paragraph (1) of the Act" in Article 30, paragraph (1) of the Order for Enforcement of the Japan Finance Corporation Act (Cabinet Order No. 143 of 2008) is deemed to be replaced with "Article 59, paragraph (1) of the Act as applied pursuant to the provisions of Article 21-17, paragraph (2) of the Act on Strengthening Industrial Competitiveness (Act No. 98 of 2013) following the deemed replacement of terms", and the phrase "Article 59, paragraph (1) of the Act" in the items of Article 31, paragraph (1) of the same Order and paragraph (2) of the same Article is deemed to be replaced with "Article 59, paragraph (1) of the Act as applied pursuant to the provisions of Article 21-17, paragraph (2) of the Act on Strengthening Industrial Competitiveness following the deemed replacement of terms".
(Designated Financial Institutions Regarding Business Operations to Promote Business Adaptation)
Article 9The financial institutions specified by Cabinet Order as set forth in Article 21-19, paragraph (1), item (i) of the Act are as follows:
(i)bank;
(ii)long term credit bank;
(iii)Shokochukin Bank;
(iv)Development Bank of Japan;
(v)Shinkin Bank and federation of Shinkin Banks;
(vi)labor bank and federation of labor banks;
(vii)credit cooperative and federation of credit cooperatives (limited to those engaged in both of the businesses set forth in Article 9-9, paragraph (1), item (i) and item (ii) of the Small and Medium-Sized Enterprise Cooperatives Act; the same applies in Article 11, item (i), Article 18, item (vii), and Article 20, item (i));
(viii)agricultural cooperative (limited to those engaged in both of the businesses set forth in Article 10, paragraph (1), item (ii) and item (iii) of the Agricultural Cooperatives Act; the same applies in Article 11, item (iii), Article 18, item (viii), and Article 20, item (iii)) and federation of agricultural cooperatives (limited to those engaged in both of the businesses set forth in item (ii) and item (iii) of the same paragraph; the same applies in Article 11, item (iii), Article 18, item (viii), and Article 20, item (iii));
(ix)fisheries cooperative (limited to those engaged in both of the businesses set forth in Article 11, paragraph (1), item (iii) and item (iv) of the Fisheries Cooperatives Act; the same applies in Article 11, item (iii), Article 18, item (ix), and Article 20, item (iii)), federation of fisheries cooperatives (limited to those engaged in both of the businesses set forth in Article 87, paragraph (1), item (iii) and item (iv) of the same Act; the same applies in Article 11, item (iii), Article 18, item (ix), and Article 20, item (iii)), fishery processing cooperative (limited to those engaged in both of the businesses set forth in Article 93, paragraph (1), item (i) and item (ii) of the same Act; the same applies in Article 11, item (iii), Article 18, item (ix), and Article 20, item (iii)), and federation of fishery processing cooperatives (limited to those engaged in both of the businesses set forth in Article 97, paragraph (1), item (i) and item (ii) of the same Act; the same applies in Article 11, item (iii), Article 18, item (ix), and Article 20, item (iii));
(x)Norinchukin Bank; and
(xi)life insurance company (meaning the life insurance company prescribed in Article 2, paragraph (3) of the Insurance Business Act and the foreign life insurance company, etc. prescribed in paragraph (8) of the same Article; the same applies in Article 11, item (i)).
(Acts Which Form a Basis for Designation as a Designated Financial Institution Regarding Business Operations to Promote Business Adaptation)
Article 10The Acts specified by Cabinet Order as set forth in Article 21-19, paragraph (4), item (i) of the Act are as follows:
(i)Agricultural Cooperatives Act;
(ii)Fisheries Cooperatives Act;
(iv)Act on Financial Businesses by Cooperatives;
(v)Shinkin Bank Act;
(vii)Labor Bank Act;
(viii)Banking Act;
(xi)Japan Finance Corporation Act (Act No. 57 of 2007);
(xii)Shokochukin Bank Act;
(xiii)Development Bank of Japan Act; and
(Notice on Designation of a Designated Financial Institution Regarding Business Operations to Promote Business Adaptation to the Prime Minister and Other Ministers)
Article 11If the competent minister has made a designation under Article 21-19, paragraph (1) of the Act, has granted an authorization under Article 21-21, paragraph (1) of the Act, has issued an order under paragraph (2) of the same Article or Article 21-24 of the Act, or has rescinded a designation under Article 21-26, paragraph (1) or paragraph (2) of the Act (hereinafter collectively referred to as a "disposition" in this Article), or if the competent minister has received a notification under Article 21-25, paragraph (1) of the Act, the minister is to promptly give notice to that effect to the ministers specified in each of the following items for the case where the designated financial institution (meaning the designated financial institution as designated pursuant to the provisions of Article 21-19, paragraph (1) of the Act) which has been subject to the disposition or which has made the notification falls under each of the respective items:
(i)bank, long term credit bank, Shinkin Bank, federation of Shinkin Banks, credit cooperative, federation of cooperatives, and life insurance company: Prime Minister;
(ii)labor bank and federation of labor banks: Prime Minister and Minister of Health, Labour and Welfare;
(iii)agricultural cooperative, federation of agricultural cooperatives, fisheries cooperative, federation of fisheries cooperatives, fishery processing cooperative, federation of fishery processing cooperatives, and Norinchukin Bank: Minister of Agriculture, Forestry and Fisheries and Prime Minister;
(iv)Shokochukin Bank: Minister of Economy, Trade and Industry, Minister of Finance, and Prime Minister; or
(v)Development Bank of Japan: Minister of Finance (or Minister of Finance and Prime Minister if the Development Bank of Japan has obtained the approval set forth in Article 9, paragraph (1) of the Development Bank of Japan Act).
(Consultation with the Fair Trade Commission)
Article 12The cases specified by Cabinet Order as set forth in Article 25, paragraph (1) of the Act are the following cases:
(i)cases in which a business is required to give notice of corporate restructuring-related measures (meaning corporate restructuring-related measures as prescribed in Article 25, paragraph (1) of the Act; hereinafter the same applies in this Article) pursuant to the provisions of Article 10, paragraph (2) (including as applied pursuant to the provisions of paragraph (5) of the same Article), Article 15, paragraph (2), Article 15-2, paragraph (2) or paragraph (3), Article 15-3, paragraph (2) or Article 16, paragraph (2) of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947) if it carries out the relevant corporate restructuring-related measures; and
(ii)cases in which two or more businesses coordinate in carrying out the corporate restructuring-related measures, and where any one of the businesses has total domestic sales (meaning the total domestic sales prescribed in Article 10, paragraph (2) of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade; hereinafter the same applies in this item) exceeding 20,000,000,000 yen, and any other business has total domestic sales exceeding 5,000,000,000 yen (excluding cases in which all businesses intending to carry out the relevant corporate restructuring-related measures belong to the same combined group of enterprises (meaning the combined group of enterprises prescribed in the same paragraph)).
(Technical Replacement of Phrases When Applying the Provisions of the Companies Act to the Demand for Share Cash-out by an Approved Business Implementing Corporate Restructuring)
Article 13The technical replacement of phrases of the provisions of the Companies Act (Act No. 86 of 2005) under Article 28, paragraph (5) of the Act in case of applying the provisions of the same Act under the same paragraph is as shown in the following table.
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Provisions of the Companies Act for which the phrases are deemed to be replaced
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Phrase deemed to be replaced
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Phrase to be replaced with
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Article 179-5, paragraph (1), item (iv)
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Order of the Ministry of Justice
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order of the competent ministry prescribed in Article 147, paragraph (2) of the Act on Strengthening Industrial Competitiveness (hereinafter simply referred to as "order of the competent ministry")
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Article 179-10, paragraph (1) and Article 189, paragraph (2), item (vi)
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Order of the Ministry of Justice
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order of the competent ministry
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(Technical Replacement of Phrases When Applying the Provisions of the Companies Act to the Issuance of Shares or the Disposition of Treasury Shares by a Stock Company Which is an Approved Business Implementing Corporate Restructuring)
Article 14The technical replacement of phrases of the provisions of the Companies Act under Article 30, paragraph (1) of the Act in case of applying the provisions of the same Act under the same paragraph is as shown in the following table:
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Provisions of the Companies Act for which the phrases are deemed to be replaced
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Phrase deemed to be replaced
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Phrase to be replaced with
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Article 199, paragraph (2)
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each item of the preceding paragraph
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each item of the preceding paragraph (excluding item (iii))
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Article 201, paragraph (3)
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paragraph (1), item (iv) of the same Article
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Article 199, paragraph (1), item (iv) as applied pursuant to the provisions of Article 30, paragraph (1) of the same Act following the deemed replacement of terms
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Article 208, paragraph (2)
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Article 199, paragraph (1), item (iv)
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Article 199, paragraph (1), item (iv) as applied pursuant to the provisions of Article 30, paragraph (1) of the Act on Strengthening Industrial Competitiveness following the deemed replacment of terms
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(Technical Replacement of Phrases When Applying Mutatis Mutandis the Provisions of the Companies Act to the Issuance of Shares or the Disposition of Treasury Shares by a Stock Company Which is an Approved Business Implementing Corporate Restructuring)
Article 15The technical replacement of the phrases of the provisions of the Companies Act pursuant to the provisions of Article 30, paragraph (3) of the Act in case of applying mutatis mutandis the provisions of the same Act under the same paragraph is as shown in the following table:
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Provisions of the Companies Act for which the phrases are deemed to be replaced
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Phrase deemed to be replaced
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Phrase to be replaced with
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Article 309, paragraph (2), item (xii)
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Part V
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Part V (including cases in which the provisions of Article 796, paragraph (4) are applied mutatis mutandis pursuant to the provisions of Article 30, paragraph (3) of the Act on Strengthening Industrial Competitivenss following the deemed replacement of terms)
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Article 797, paragraph (1)
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the items of Article 795, paragraph (2) and the cases prescribed in the proviso to Article 796, paragraph (1), or (3)
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the proviso to Article 796, paragraph (2) as applied mutatis mutandis pursuant to Article 30, paragraph (3) of the Act on Strengthening Industrial Competitiveness following the deemed replacement fo trems
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(Approved Corporate Restructuring-Related Measures)
Article 16The measures specified by Cabinet Order as set forth in Article 35, paragraph (1) of the Act are the following measures:
(i)the measures set forth in Article 2, paragraph (17), item (i), (c), (e), (f) (limited to the portion regarding acceptance of a business or assets), (h), (j), (l), or (m) of the Act for which the borrowing of a long-term fund is necessary; and
(ii)measures for corporate restructuring (meaning the corporate restructuring prescribed in Article 2, paragraph (17) of the Act; the same applies in Article 35, paragraph (1), item (ii)) implemented in association with the introduction of equipment for the improvement of productivity, etc. (meaning equipment for the improvement of productivity, etc. prescribed in Article 2, paragraph (8) of the Act) for which the borrowing of a long-term fund is necessary (excluding the measures set forth in the preceding item).
(Application of the Order for Enforcement of the Japan Finance Corporation Act Regarding Business Operations to Facilitate the Promotion of Corporate Restructuring)
Article 17If business operations to facilitate the promotion of corporate restructuring (meaning the business operations to facilitate the promotion of corporate restructuring as prescribed in Article 35, paragraph (1) of the Act) are undertaken, the phrase "Article 59, paragraph (1) of the Act" in Article 30, paragraph (1) of the Order for Enforcement of the Japan Finance Corporation Act is deemed to be replaced with "Article 59, paragraph (1) of the Act as applied pursuant to the provisions of Article 35, paragraph (2) of the Act on Strengthening Industrial Competitiveness (Act No. 98 of 2013) following the deemed replacement of terms", and the phase "Article 59, paragraph (1) of the Act" in the items of Article 31, paragraph (1) of the same Order and paragraph (2) of the same Article is deemed to be replaced with "Article 59, paragraph (1) of the Act as applied pursuant to the provisions of Article 35, paragraph (2) of the Act on Strengthening Industrial Competitiveness following the deemed replacement of terms".
(Designated Financial Institutions Regarding Business Operations to Promote Corporate Restructuring)
Article 18The financial institution specified by Cabinet Order as set forth in Article 37, paragraph (1), item (i) of the Act is as follows:
(i)bank;
(ii)long term credit bank;
(iii)Shokochukin Bank;
(iv)Development Bank of Japan;
(v)Shinkin Bank and federation of Shinkin Banks;
(vi)labor bank and federation of labor banks;
(vii)credit cooperative and federation of credit cooperatives;
(viii)agricultural cooperative and federation of agricultural cooperatives;
(ix)fisheries cooperative, federation of fisheries cooperatives, fishery processing cooperative, and federation of fishery processing cooperatives; or
(x)Norinchukin Bank.
(Acts Which Form a Basis for Designation as a Designated Financial Institution Regarding Business Operations to Promote Corporate Restructuring)
Article 19The Acts specified by Cabinet Order as set forth in Article 37, paragraph (4), item (i) of the Act are as follows:
(i)Agricultural Cooperatives Act;
(ii)Fisheries Cooperatives Act;
(iv)Act on Financial Businesses by Cooperatives;
(v)Shinkin Bank Act;
(vii)Labor Bank Act;
(viii)Banking Act;
(ix)Norinchukin Bank Act;
(xi)Shokochukin Bank Act;
(xii)Development Bank of Japan Act; and
(Notice on Designation of a Designated Financial Institution Regarding Business Operations to Promote Corporate Restructuring to the Prime Minister and Other Ministers)
Article 20If the competent minister has made a designation under Article 37, paragraph (1) of the Act, has granted an authorization under Article 39, paragraph (1) of the Act, has issued an order under paragraph (2) of the same Article or Article 42 of the Act, or has rescinded a designation under Article 44, paragraph (1) or paragraph (2) of the Act (hereinafter collectively referred to as a "disposition" in this Article), or if the competent minister has received a notification under Article 43, paragraph (1) of the Act, the minister is to promptly give notice to that effect to the ministers specified in each of the following items for the case where the designated financial institution (meaning the designated financial institution as designated pursuant to the provisions of Article 37, paragraph (1) of the Act) which has been subject to the disposition or which has made the notification falls under each of the respective items:
(i)bank, long term credit bank, Shinkin Bank, federation of Shinkin Banks, credit cooperative and federation of credit cooperatives: Prime Minister;
(ii)labor bank and federation of labor banks: Prime Minister and Minister of Health, Labour and Welfare;
(iii)agricultural cooperative, federation of agricultural cooperatives, fisheries cooperative, federation of fisheries cooperatives, fishery processing cooperative, federation of fishery processing cooperatives and Norinchukin Bank: Minister of Agriculture, Forestry and Fisheries and Prime Minister;
(iv)Shokochukin Bank: Minister of Economy, Trade and Industry, Minister of Finance, and Prime Minister; or
(v)Development Bank of Japan: Minister of Finance (or Minister of Finance and Prime Minister if the Development Bank of Japan has obtained the approval set forth in Article 9, paragraph (1) of the Development Bank of Japan Act).
(Insurance Premium Rates in Relation to Corporate Rehabilitation Facilitation-related Guarantees)
Article 21The rate specified by Cabinet Order set forth in Article 52, paragraph (3) of the Act is 1.69% for ordinary insurance (meaning ordinary insurance as prescribed in Article 3, paragraph (1) of the Small and Medium-Sized Enterprise Credit Insurance Act (Act No. 264 of 1950); the same applies in the following Article) and unsecured insurance (meaning unsecured insurance as prescribed in Article 3-2, paragraph (1) of the same Act; the same applies in the following Article and Article 29) (or the relevant rate is 1.44% in case of a negotiable instrument discount special guarantee (meaning a negotiable instrument discount special guarantee as prescribed in Article 2, paragraph (1) of the Order for Enforcement of the Small and Medium-Sized Enterprise Credit Insurance Act (Cabinet Order No. 350 of 1950); hereinafter the same applies in this Article, the following Article and Article 30) and an overdraft special guarantee (meaning an overdraft special guarantee as prescribed in Article 2, paragraph (1) of the same Order; hereinafter the same applies in this Article, the following Article and Article 30)), or 0.4% for special petty insurance (meaning special petty insurance as prescribed in Article 3-3, paragraph (1) of the same Act; the same applies in the following Article) (or the relevant rate is 0.34% in case of a negotiable instrument discount special guarantee and an overdraft special guarantee) per year during a guaranteed period of borrowings (meaning the period of borrowings prescribed in Article 2, paragraph (1) of the same Order; the same applies in the following Article and Article 30).
(Insurance Premium Rates in Relation to Corporate Rehabilitation Plan Implementation-related Guarantees)
Article 22The rate specified by Cabinet Order as set forth in Article 53, paragraph (3) of the Act is 0.41% for ordinary insurance and unsecured insurance (or the relevant rate is 0.35% in case of a negotiable instrument discount special guarantee and an overdraft special guarantee) or 0.19% for special petty insurance (or the relevant rate is 0.15% in case of a negotiable instrument discount special guarantee and an overdraft special guarantee) per year during a guaranteed period of borrowing.
(Application of the Companies Act Regarding a Shareholders Meeting without a Designated Location)
Article 23With respect to the application of the provisions of Article 325-3, paragraph (1), item (i), Article 325-4, paragraph (2), and Article 325-7 of the Companies Act in the case of applying the provisions of the same Act pursuant to the provisions of Article 66, paragraph (2) of the Act following the deemed replacement of terms, the phrases set forth in the middle column of the following table that are used in the provisions of the same Act set forth in the left-hand column of the same table are deemed to be replaced with the phrases respectively set forth in the right-hand column of the same table.
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Article 325-3, paragraph (1), item (i)
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the matters set forth in each item of Article 298, paragraph (1)
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the matters set forth in the items of Article 298, paragraph (1) as applied pursuant to the provisions of Article 66, paragraph (2) of the Act on Strengthening Industrial Competitiveness (Act No. 98 of 2013) following the deemed replacement of terms and other matters specified by Order of the Ministry of Economy, Trade and Industry and Ministry of Justice Order
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The portion other than those set forth in the items of Article 325-4, paragraph (2)
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the matters provided for in item (i) through item (iv) of that paragraph
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the matters set forth in Article 298, paragraph (1), item (i) through item (iv) as applied pursuant to the provisions of Article 66, paragraph (2) of the Act on Strengthening Industrial Competitiveness following the deemed replacement of terms and other matters specified by Order of the Ministry of Economy, Trade and Industry and Ministry of Justice Order
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Article 325-7
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the phrase "item (i) through item (iv) of that paragraph" is deemed to be replaced with "item (i) through item (iv) of that paragraph applied mutatis mutandis pursuant to Article 325"
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the phrase "Article 298, paragraph (1), item (i) through item (iv)" is deemed to be replaced with "Article 298, paragraph (1), item (i) through item (iv) (limited to the case where they are applid mutatis mutandis pursuant to Article 325)"
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(Effective Period of Approval for an Approved Entity Certifying Security Measures of Companies to Prevent Technological Information from Being Compromised)
Article 24The period specified by Cabinet Order as set forth in Article 69, paragraph (1) of the Act is three years.
(Decisions of Support by the JIC)
Article 25The contribution specified by Cabinet Order as set forth in the proviso to Article 108, paragraph (2) of the Act is the contribution that falls under all of the following items:
(i)the contribution is made to a business that carries out business activities aiming to develop new business by utilizing management resources other than its own management resources;
(ii)the amount of the contribution is not more than 1,000,000,000 yen (or, the sum of the amount of the contribution already made and the contribution to be made is not more than 1,000,000,000 yen, if the Japan Investment Corporation (hereinafter referred to as the "JIC") has already made a contribution (limited to a contribution decided without giving the Minister of Economy, Trade and Industry an opportunity to present any opinions pursuant to the provisions of the proviso to Article 108, paragraph (2) of the Act; the same applies in the following item) to a business subject to direct fund provision (meaning the direct fund provision prescribed in Article 95, paragraph (1), item (iv) of the Act) with regard to specified business activities (meaning the specified business activities prescribed in Article 2, paragraph (25) of the Act) for the direct fund provision); and
(iii)the sum of the amount of the contribution and the amount of the contribution already made by the JIC (excluding the contribution for which related shares have been transferred or have otherwise been disposed of under Article 101, paragraph (1), item (xiii) of the Act) is not more than 90,000,000,000 yen.
(Appointment of Evaluation Committee Members and Evaluation of Specified Shares to Be Accepted by the JIC)
Article 26(1)Evaluation committee members as set forth in Article 112, paragraph (3) of the Act (simply referred to as "evaluation committee members" in the following paragraph and Article 28, paragraph (1)) are the following persons appointed by the Minister of Economy, Trade and Industry:
(i)official of the Ministry of Finance: one person;
(ii)official of the Ministry of Economy, Trade and Industry: one person;
(iii)official of the relevant ministry as the organization in charge of the administrative affairs which the minister that has given authorization for the establishment of the subject company (meaning the specified government-funded company prescribed in Article 2, paragraph (27) of the Act regarding the specified shares prescribed in Article 111 of the Act which the JIC accepts pursuant to the provisions of Article 112, paragraph (1) of the Act, or intends to accept pursuant to the provisions of Article 114, paragraph (1); the same applies in paragraph (3) and Article 28, paragraph (2)) takes charge of and manages (if the minister is the Prime Minister, the Cabinet Office; referred to as the "office or ministry in charge" in paragraph (3) and Article 28, paragraph (2)): one person;
(iv)director of the JIC: one person; and
(v)persons that have relevant knowledge and experience: three persons.
(2)Evaluation as set forth in Article 112, paragraph (3) of the Act is to be made by the consent of the majority of the evaluation committee members.
(3)General affairs concerning the evaluation as set forth in Article 112, paragraph (3) of the Act are processed by the Industry Creation Policy Division, Economic and Industrial Policy Bureau, Ministry of Economy, Trade and Industry and the division that has jurisdiction over affairs concerning the subject company's organization and operation in general established in a department of the office or ministry in charge (if the office or ministry in charge is the Cabinet Office, the Director General assigned in the Cabinet Office).
(Technical Replacement of Phrases When Applying the Provisions of the Companies Act to the Exercise of Appraisal Rights by a Shareholder of the JIC Other Than the Government)
Article 27The technical replacement of phrases of the provisions of the Companies Act under Article 113 of the Act in the case of applying mutatis mutandis the provisions of the Companies Act pursuant to the provisions of the same Article is as shown in the following table.
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Provisions of the Companies Act for which the phrases are deemed to be replaced
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Phrase deemed to be replaced
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Phrase to be replaced with
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Article 470, paragraph (1)
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must pay that price within sixty days from the effective day.
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must pay that price within sixty days from the effective day; provided, however, that if the JIC issues shares or disposes of treasury shares in exchange for the acceptance of specified shares, it must hold consultation based on the evaluation by the evaluation committee members refererd to in Article 112, paragraph (3) of the Act on Strengthening Industrial Competitiveness. which should be used as the basis in making a decision under the proviso to Article 199, paragraph (2) as applied pursuant to Article 112, paragraph (2) of the same Act
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(Evaluation of Specified Shares to Be Transferred by the JIC)
Article 28(1)Evaluation as set forth in Article 114, paragraph (2) of the Act is to be made by the consent of the majority of the evaluation committee members.
(2)General affairs concerning the evaluation as set forth in Article 114, paragraph (2) of the Act are processed by the Industry Creation Policy Division, Economic and Industrial Policy Bureau, Ministry of Economy, Trade and Industry and the division that has jurisdiction over affairs concerning the subject company's organization and operation in general established in a department of the office or ministry in charge (if the office or ministry in charge is the Cabinet Office, the Director General assigned in the Cabinet Office).
(Special Provisions for the Small and Medium-Sized Enterprise Credit Insurance Act in Relation to Start-Up-related Guarantees)
Article 29The insurance relationships of unsecured insurance designated by Cabinet Order as prescribed in Article 129, paragraph (5) of the Act are those regarding the guarantee of obligations prescribed in Article 3-2, paragraph (1) of the Small and Medium-Sized Enterprise Credit Insurance Act (excluding the guarantees of obligations prescribed in Acts other than the same Act, the management stabilization-related guarantee prescribed in Article 12 of the same Act, and the crisis-related guarantee prescribed in Article 15 of the same Act), and those regarding the start-up-related guarantee prescribed in Article 129, paragraph (1) of the Act, and the limit designated by Cabinet Order set forth in paragraph (5) of the same Article is 80,000,000 yen.
Article 30The rate specified by Cabinet Order as set forth in Article 129, paragraph (6) of the Act is 0.29% (or 0.25% in case of a negotiable instrument discount special guarantee and an overdraft special guarantee) per year during a guaranteed period of borrowing.
(Organization of the Small and Medium-Sized Enterprise Revitalization Support Councils)
Article 31(1)The Small and Medium-sized Enterprise Revitalization Support Council prescribed in Article 135, paragraph (1) of the Act (hereinafter referred to as the "Council" in this Article and Article 34) must have five or more Council members.
(2)The Council has a chairperson, for whom the Council members vote from among themselves.
(3)The chairperson presides over the affairs of the Council.
(4)The Council must designate, in advance, a Council member to undertake the duties of the chairperson in the event that the chairperson is unable to perform their duties.
(5)A Council secretariat is established in an approved support institution (meaning the approved support institution prescribed in Article 134, paragraph (2) of the Act; the same applies in Article 33 and Article 34).
(Term of Office of Council Members)
Article 32(1)The term of office of Council members is three years; provided, however, that the term of office of a Council member chosen to fill a vacancy is the remaining term of office of their predecessor.
(2)Council members may be reappointed.
(Dismissal of Council Members)
Article 33(1)The head of an approved support institution must dismiss a Council member if the relevant member has received an order for the commencement of bankruptcy proceedings or has been subject to a sentence heavier than imprisonment without work.
(2)The head of an approved support institution may dismiss any Council member if the relevant head considers that the member is unable to perform duties owing to a mental or physical disorder, that the member has acted contrary to their duties, or that the behavior of the member is not appropriate as a Council member.
(Quorums and Methods of Resolution)
Article 34(1)The Council may neither meet nor vote unless a majority of the total of the Council members and the head of the relevant approved support institution is present at the meeting.
(2)A resolution by the Council is to be made by a majority of the votes of the Council members and the head of the relevant approved support institution present at the meeting. In case of a tie, the chairperson makes the final decision.
(Scope of Investment Limited Partnerships to Which the Organization for Small & Medium Enterprises and Regional Innovation Makes Contributions)
Article 35(1)An investment limited partnership specified by Cabinet Order as set forth in Article 140, item (i) of the Act is that which has pledged to operate the whole or part of the businesses set forth in the items of Article 3, paragraph (1) of the Investment Limited Partnership Act to a person set forth in the following items:
(i)the approved business implementing corporate restructuring prescribed in Article 24, paragraph (1) of the Act;
(ii)businesses that implement corporate restructuring and fall under either of the following:
(a)the percentage of the amount set forth in any of the following 1. to 3. against the amount of net assets as of the final day of the previous business year exceeds two percent:
1.the amount of net loss that arose in the previous business year;
2.the total amount of net loss that arose in each business year during a period from any of the three business years preceding the previous business year to the previous business year; or
3.the amount of deficit as of the final day of the previous business year; or
(b)the amount of liabilities exceeds the amount of assets on the balance sheet as of the final day of the previous business year; or
(iii)related businesses of those businesses set forth in the preceding two items.
(2)The method for calculating the amounts of net assets, net loss and deficits prescribed in item (ii), (a) of the preceding paragraph, and the amounts of liabilities and assets prescribed in (b) of the same item is specified by Order of the Ministry of Economy, Trade and Industry.
Supplementary Provisions
(Effective Date)
Article 1This Cabinet Order comes into effect as of the date of enforcement of the Act (January 20, 2014); provided, however, the provisions of Articles 16 through 19 and the provisions amending Article 57 of the Order for Organization of Ministry of Economy, Trade and Industry (Cabinet Order No. 254 of 2000) in Article 13 of the Supplementary Provisions come into effect as of the date of enforcement of the provisions set forth in Article 1, item (ii) of the Supplementary Provisions of the Act (April 1, 2014).
(Repeal of the Order for Enforcement of the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities)
Article 2The Order for Enforcement of the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities (Cabinet Order No. 258 of 1999) is abolished.
(Transitional Measures Concerning Business Operations to Compensate Losses Undertaken by the JFC)
Article 3The provisions of Article 9 of the Order for Enforcement of the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities prior to the repeal under the preceding Article (hereinafter referred to as the "Former Order for Enforcement of the Industrial Revitalization Act" in this Article, the following Article, and Article 5 of the Supplementary Provisions) (those provisions exclude excluding the row of Article 16, paragraph (3) and the row of Article 22, paragraph (3) of the table of Article 9) remain in force even after the enforcement of this Cabinet Order, with respect to business operations of the Japan Finance Corporation Act (referred to as the "JFC" in the following Article) in relation to compensation for losses set forth in Article 24-2, paragraph (1) of the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities (Act No. 131 of 1999; referred to as the "Former Industrial Revitalization Act" in the following Article and Article 5 of the Supplementary Provisions) prior to the repeal under Article 4 of the Supplementary Provisions of the Act, which is to remain in force pursuant to the provisions of Article 12 of the Supplementary Provisions of the Act. In this case, the phrase "Article 24-2, paragraph (2) of the Act" in Article 9 of the Former Order for Enforcement of the Industrial Revitalization Act is deemed to be replaced with "Article 24-2, paragraph (2) of the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities (Act No. 131 of 1999) prior to the repeal under Article 4 of the Supplementary Provisions of the Act on Strengthening Industrial Competitiveness (Act No. 98 of 2013), which is to remain in force pursuant to the provisions of Article 12 of the Supplementary Provisions of the same Act"; the phrase "the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities" in the row of Article 21, paragraph (1), item (ii) of the table of Article 9 of the Former Order for Enforcement of the Industrial Revitalization Act is deemed to be replaced with "the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities (Act No. 131 of 1999; referred to as the "Former Industrial Revitalization Act" in Article 22, paragraph (1)) prior to the repeal under Article 4 of the Supplementary Provisions of the Act on Strengthening Industrial Competitiveness (Act No. 98 of 2013), which is to remain in force pursuant to the provisions of Article 12 of the Supplementary Provisions of the same Act"; and the phrase "the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities" in the row of Article 22, paragraph (1) of the same table is deemed to be replaced with "the Former Industrial Revitalization Act".
(Transitional Measures Concerning the JFC's Business Operations to Facilitate Business Reconstruction Promotion)
Article 4The provisions of Article 11 of the Former Order for Enforcement of the Industrial Revitalization Act remain in force even after the enforcement of this Cabinet Order, with respect to the JFC's business operations to facilitate business reconstruction promotion prescribed in Article 24-3, paragraph (1) of the Former Industrial Revitalization Act, which is to remain in force pursuant to the provisions of Article 13 of the Supplementary Provisions of the Act. In this case, in the same Article, the phrase "Article 24-3, paragraph (1) of the Act" is deemed to be replaced with "Article 24-3, paragraph (1) of the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities (Act No. 131 of 1999) prior to the repeal under Article 4 of the Supplementary Provisions of the Act on Strengthening Industrial Competitiveness (Act No. 98 of 2013), which is to remain in force pursuant to the provisions of Article 13 of the Supplementary Provisions of the same Act"; and the phrase "Article 24-3, paragraph (2) of the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities (Act No. 131 of 1999)" is deemed to be replaced with "Article 24-3, paragraph (2) of the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities (Act No. 131 of 1999) prior to the repeal under Article 4 of the Supplementary Provisions of the Act on Strengthening Industrial Competitiveness (Act No. 98 of 2013), which is to remain in force pursuant to the provisions of Article 13 of the Supplementary Provisions of the same Act".
(Transitional Measures Concerning Business Operations to Promote Business Reconstruction, etc., Which Are Undertaken by Designated Financial Institutions Prescribed in Article 24-5, Paragraph (1) of the Former Industrial Revitalization Act)
Article 5The provisions of Article 14 of the Former Order for Enforcement of the Industrial Revitalization Act remain in force even after the enforcement of this Cabinet Order, with respect to the business operations to promote business reconstruction, etc. prescribed in Article 24-5, paragraph (1) of the Former Industrial Revitalization Act, which is to remain in force pursuant to the provisions of Article 14 of the Supplementary Provisions of the Act, which are to be undertaken by designated financial institutions prescribed in the same paragraph. In this case, in the same Article, the phrase "Article 24-5, paragraph (1) of the Act" is deemed to be replaced with "Article 24-5, paragraph (1) of the Act on Special Measures Concerning Revitalization of Industry and Innovation in Industrial Activities (Act No. 131 of 1999; hereinafter referred to as the "Former Industrial Revitalization Act" in this Article) prior to the repeal under Article 4 of the Supplementary Provisions of the Act on Strengthening Industrial Competitiveness (Act No. 98 of 2013), which is to remain in force pursuant to the provisions of Article 14 of the Supplementary Provisions of the same Act"; the phrase "Article 24-7, paragraph (1) of the Act" is deemed to be replaced with "Article 24-7, paragraph (1) of the Former Industrial Revitalization Act"; the phrase "Article 24-10 of the Act" is deemed to be replaced with "Article 24-10 of the Former Industrial Revitalization Act"; the phrase "Article 24-12, paragraph (1) of the Act" is deemed to be replaced with "Article 24-12, paragraph (1) of the Former Industrial Revitalization Act"; and the phrase "Article 24-11, paragraph (1) of the Act" is deemed to be replaced with "Article 24-11, paragraph (1) of the Former Industrial Revitalization Act".
Supplementary Provisions [Cabinet Order No. 169 of April 1, 2015]
This Cabinet Order comes into effect as of the date of promulgation.
Supplementary Provisions [Cabinet Order No. 225 of April 30, 2015]
This Cabinet Order comes into effect as of the date of enforcement of the Act for Partial Amendment of the Companies Act (May 1, 2015).
Supplementary Provisions [Cabinet Order No. 18 of January 22, 2016] [Extract]
(Effective Date)
Article 1This Cabinet Order comes into effect as of the date of enforcement of the Act for Partial Amendment of the Patent Act, etc. (April 1, 2016).
Supplementary Provisions [Cabinet Order No. 48 of February 24, 2016] [Extract]
(Effective Date)
Article 1This Cabinet Order comes into effect as of the date of enforcement of the provisions set forth in Article 1, item (iii) of the Supplementary Provisions of the Act for Partial Amendment of the Electricity Business Act, etc. (hereinafter referred to as the "Amendment Act") (April 1, 2016).
Supplementary Provisions [Cabinet Order No. 248 of June 30, 2016]
This Cabinet Order comes into effect as of the date of enforcement of the Act for Partial Amendment of the Act for Facilitating New Business Activities of Small and Medium-sized Enterprises (July 1, 2016).
Supplementary Provisions [Cabinet Order No. 40 of March 23, 2017] [Extract]
(Effective Date)
Article 1This Cabinet Order comes into effect as of the effective date of item (v) (April 1, 2017).
Supplementary Provisions [Cabinet Order No. 262 of October 25, 2017]
This Cabinet Order comes into effect as of the date of enforcement of the Act for Partial Amendment of the Small and Medium-sized Enterprise Credit Insurance Act for Promoting Improvement and Development of the Business Management of Small and Medium-sized Enterprises (April 1, 2018).
Supplementary Provisions [Cabinet Order No. 199 of July 6, 2018] [Extract]
(Effective Date)
Article 1This Cabinet Order comes into effect as of the date of enforcement of the Amendment Act (July 9, 2018).
Supplementary Provisions [Cabinet Order No. 265 of September 21, 2018] [Extract]
(Effective Date)
(1)This Cabinet Order comes into effect as of the date of enforcement of the provisions set forth in Article 1, item (ii) of the Supplementary Provisions of the Act for Partial Amendment of the Act on Strengthening Industrial Competitiveness, etc. (September 25, 2018).
(Transitional Measures Concerning Penal Provisions)
(2)Prior laws continue to govern the application of penal provisions for acts committed prior to the enforcement of this Cabinet Order.
Supplementary Provisions [Cabinet Order No. 69 of June 16, 2021] [Extract]
(Effective Date)
(1)This Cabinet Order comes into effect as of the date of promulgation.
Supplementary Provisions [Cabinet Order No. 219 of July 30, 2021]
(Effective Date)
(1)This Cabinet Order comes into effect as of the date of enforcement of the Act for Partial Amendment of the Act on Strengthening Industrial Competitiveness, etc. (referred to as the "Amendment Act" in the following paragraph) (August 2, 2021).
(Transitional Measures Concerning Insurance Premium Rates in Relation to Insurance Relationships Regarding Start-Up, etc.-Related Guarantee)
(2)With respect to the application of the provisions of Article 30 of the Order for Enforcement of the Act on Strengthening Industrial Competitiveness to insurance relationships regarding start-up, etc.-related guarantee prescribed in Article 4, paragraph (1) of the Small and Medium-sized Enterprises Business Enhancement Act (Act No. 18 of 1999) prior to amendment by the provisions of Article 4 of the Amendment Act (excluding the amendment provisions set forth in Article 1, item (iv) of the Supplementary Provisions of the Amendment Act) that are established under application of the provisions of Article 4 of the Small and Medium-sized Enterprises Business Enhancement Act, which are deemed, pursuant to the provisions of Article 7 of the Supplementary Provisions of the Amendment Act, to be insurance relationships regarding start-up, etc.-related guarantee prescribed in Article 129, paragraph (1) of the Act on Strengthening Industrial Competitiveness amended by Article 2 of the Amendment Act that are established under application of the provisions of Article 129 of the Act on Strengthening Industrial Competitiveness, the term "0.29%" in Article 30 of the Order for Enforcement of the Act on Strengthening Industrial Competitiveness is deemed to be replaced with "0.4%", and the term "0.25%" in the same Article is deemed to be replaced with "0.34%".
Supplementary Provisions [Cabinet Order No. 285 of August 31, 2022] [Extract]
(Effective Date)
(1)This Cabinet Order comes into effect as of the date of enforcement of the provisions set forth in the proviso to Article 1 of the Supplementary Provisions of the Act for Partial Amendment of the Companies Act (Act No. 70 of 2019) (September 1, 2022); provided, however, that the provisions amending Article 1, Article 6, and Article 10, item (xi) come into effect as of the date or promulgation.