Ordinance for Enforcement of the Money Lending Business Act (Tentative translation)
Pursuant to the provisions of the Act on Controls, etc. on Money Lending and the Order for Enforcement of the Act on Controls, etc. on Money Lending, and in order to enforce that Act and that Order, the Ordinance for Enforcement of the Act on Controls, etc. on Money Lending shall be provided as follows.
(Electromagnetic Records)
Article 1 The electromagnetic record specified by Cabinet Office Ordinance as referred to in Article 2, paragraph (11) of the Money Lending Business Act (Act No. 32 of 1983; hereinafter referred to as the "Act") shall be a record made by an electronic form, a magnetic form, or any other form not recognizable to human perception, which is used in information processing by computers.
(Electromagnetic Means)
Article 1-2 (1) The electromagnetic means specified by Cabinet Office Ordinance as referred to in Article 2, paragraph (12) of the Act shall be the following methods according to the category of cases set forth in the respective items:
(i) cases where a person gives consent to receive the provision of matters by electromagnetic means or notifies to the effect that he/she will not receive the provision of matters by electromagnetic means, where a Member Money Lender intends to obtain the consent under Article 41-36, paragraph (1) or (2) of the Act, or where a Member Money Lender intends to obtain the consent under Article 30-15, paragraph (1) or (2): the following methods:
(a) the method of recording such fact in the file stored on the computer used by the person who receives the consent or notification, or the person who obtains the consent;
(b) the method of delivering a file containing such fact, that has been prepared using media which can securely record certain information by magnetic disks or any other means equivalent thereto;
(ii) cases other than the cases set forth in the preceding item: the following methods:
(a) among the methods using an Electronic Data Processing System, the following:
1. the method of transmitting the information via a telecommunications line that links the computer used by the sender and the computer used by the recipient and recording such information in the file stored on the computers used by said recipient;
2. the method of offering the details of the information which are recorded in a file stored on the computer used by the sender to the recipient for inspection via a telecommunications line, and recording said information in the file stored on the computer used by said recipient;
(b) the method of delivering a file containing the information that has been prepared using media which can securely record certain information by magnetic disks or any other means equivalent thereto.
(2) The methods specified in the items of the preceding paragraph shall conform to the following standards:
(i) that, with regard to the methods specified in item (i) of the preceding paragraph (limited to cases where a person gives consent to receive the provision of information by electromagnetic means or notifies to the effect that he/she shall not receive the provision of information by electromagnetic means), the method is one in which the person who receives the consent or notification notifies the person who gives the consent or notification the details of the consent to receive the provision of information by electromagnetic means or the notification not to receive the provision of information by electromagnetic means in writing or by any other appropriate methods;
(ii) that, with regard to the methods specified in item (ii) of the preceding paragraph, the method is one that enables the recipient to prepare documents by outputting the record in the file (including the output of the record by sending said record to other computers or by using any other methods);
(iii) that, among the methods specified in item (ii), sub-item (a) of the preceding paragraph, with regard to those using cell phones or PHS handset as the recipient's computer, the method is one in which the sender delivers the documents related to the matters provided by electromagnetic means in response to the request by the recipient, for a period of three months from the day on which the matters were sent or offered for inspection.
(3) The term "Electronic Data Processing System" as used in paragraph (1), item (ii), sub-item (a) means an electronic data processing system that links the computer used by the sender and the computer used by the recipient.
(Contracts Excluded from Being Subject to Personal Credit Information)
Article 1-2-2 The contracts specified by Cabinet Office Ordinance as referred to in Article 2, paragraph (14) of the Act shall be as follows:
(i) Basic Contract for a Revolving Credit Loan;
(ii) contracts on discount of negotiable instruments (excluding accommodation bills);
(iii) a contract wherein the securities deposited by the customer for safe custody to the Financial Instruments Business Operator (meaning the Financial Instruments Business Operator (limited to those engaged in the Type I Financial Instruments Business as prescribed in Article 28, paragraph (1) of Financial Instruments and Exchange Act (Act No. 25 of 1948) and the investment management business as prescribed in paragraph (4) of that Article) as prescribed in Article 2, paragraph (9) of that Act; hereinafter the same shall apply in this Article) are any of the securities set forth in Article 65, item (i), sub-items (a) to (h) inclusive of the Cabinet Office Ordinance on Financial Instruments Business, etc. (Cabinet Office Ordinance No. 52 of 2007) (including rights deemed to be such securities pursuant to Article 2, paragraph (2) of that Act, and limited to those held by such customers that deposited the securities for safe custody) and wherein, among the money loan necessary for the customer to continue to hold said securities and secured by such securities which is made by the Financial Instruments Business Operator, the amount loaned to said customer is within the market value of said securities at the time of such loan (excluding the money loans specified in Article 65, item (i) of that Ordinance);
(iv) a contract wherein the securities deposited by the customer for safe custody to the Financial Instruments Business Operator are, among the beneficiary certificates of an investment trust, any of the securities set forth in Article 65, item (ii), sub-items (a) to (c) inclusive of the Cabinet Office Ordinance on Financial Instruments Business, etc. (including rights deemed to be such securities pursuant to Article 2, paragraph (2) of the Financial Instruments and Exchange Act, and limited to those held by the customer that deposited such securities for safe custody), and which is related to the money loan which is made by the Financial Instruments Business Operator to the customer that requested the cancellation in regard to the securities until the money for cancellation is paid, and which is secured by such securities and the money loaned by said Financial Instruments Business Operator is equivalent to the amount of money for such cancellation (excluding the money loans specified in Article 65, item (ii) of that Ordinance); and
(v) a contract on the intermediary for leasing money in which the Money Lender is the creditor.
(Definitions)
Article 1-3 The terms used in this Cabinet Office Ordinance shall, except as otherwise provided, be the terms as used in the Act.
(Electromagnetic Means Concerning the Order for Enforcement of the Money Lending Business Act)
Article 1-4 The types and details of the method to be indicated pursuant to the provisions of Articles 3-2-5 to 3-5 inclusive of the Order for Enforcement of the Money Lending Business Act (Cabinet Order No. 181 of 1983; hereinafter referred to as the "Order") shall be the following matters:
(i) among the methods specified in Article 1-2, paragraph (1), item (ii), the one used by the Money Lender; and
(ii) the method of recording into a file.
(Application of Registration)
Article 1-5 (1) A person who intends to obtain the registration from the Commissioner of the Financial Services Agency under Article 3, paragraph (1) of the Act shall submit a written application for registration under Article 4, paragraph (1) of the Act (referred to as the "Written Application for Registration" in the following paragraph) prepared using Appended Form No. 1 by attaching one copy of the attached documents under paragraph (2) of that Article (referred to as the "Attached Documents" in the following paragraph) to the Director-General of the Local Finance Bureau who has jurisdiction over the location of the Principal Business Office or Office (hereinafter collectively referred to as the "Business Office, etc.") of such person (in cases where such location is within the jurisdictional district of the Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau).
(2) A person who intends to obtain the registration from the prefectural governor under Article 3, paragraph (1) of the Act shall submit the Written Application for Registration by attaching the number of duplicate copies of the Written Application for Registration and the Attached Documents specified by the relevant prefectural governor, to said prefectural governor.
(3) The term "Business Office or Office" as used in paragraph (1) means any facility or equipment (including unmanned automatic contract machines, Automatic Cash Machines (meaning mono-function automated teller machines and multi-function automated teller machines; the same shall apply hereinafter), and Agent Offices) at which the Money Lender or the agent thereof continuously engages in the Loan Operations (meaning the conclusion of the Contract for a Loan defined in Article 2, paragraph (1) of the Act and the delivery of money and collection of claims under the Contract for a Loan; the same shall apply hereinafter) at a certain place; provided, however, that in cases of an Automatic Cash Machine, any facilities or equipments established within the same site (including adjacent sites) as the Business Office, etc. (excluding Automatic Cash Machines) shall be excluded.
(4) The term "Agent Office" as used in the preceding paragraph means the facility or equipment at which the person who acts as an agent for the Loan Operations in whole or in part on behalf of the Money Lender with the entrustment of said Money Lender, engages in such business (excluding business offices or offices (limited to Automatic Cash Machines) of the bank prescribed in Article 2, paragraph (1) of the Banking Act (Act No. 59 of 1981), the long-term credit bank prescribed in Article 2 of the Long-Term Credit Bank Act (Act No. 187 of 1952), the cooperative-structured financial institution prescribed in Article 2, paragraph (1) of the Act on Preferred Equity Investment by Cooperative Structured Financial Institutions (Act No. 44 of 1993) and the Shoko Chukin Bank Limited).
(5) The term "Principal Business Office, etc." as used in paragraph (1) means the head office or office stated on the registry in the case of a juridical person, and the facility at which the entire Money Lending Business is supervised in the case of an association or foundation without juridical personality and individual.
(Method of Payment in the Case of Application for Renewal of Registration by Using Electronic Data Processing System)
Article 1-6 When the fees are to be paid by cash pursuant to the provisions of the proviso to Article 2, paragraph (2) and Article 3-13, paragraph (2) of the Order (including the cases where it is applied mutatis mutandis by replacing certain terms pursuant to Article 3-14, paragraph (2) of the Order), such payment shall be made based on the payment information acquired through the application for renewal of registration under Article 3, paragraph (2) of the Act related to the registration from the Prime Minister under paragraph (1) of that Article, which is to be made by using an electronic data processing system prescribed in Article 3, paragraph (1) of the Act on Use of Information and Communications Technology in Administrative Procedures (Act No. 151 of 2002) pursuant to that paragraph.
(Persons Having Control Over the Juridical Person Which is Equivalent to or Greater Than That of Directors, etc.)
Article 2 (1) The persons specified by Cabinet Office Ordinance as referred to in Article 4, paragraph (1), item (ii), Article 24-27, paragraph (1), item (iii), and Article 31, item (viii) of the Act shall be as follows:
(i) an individual that holds shares of equity (hereinafter collectively referred to as the "Shares, etc.") pertaining to the voting rights exceeding 25 percent of the Voting Rights Held by All the Shareholders, etc. (meaning the voting rights (in the case of a stock company, excluding voting rights of shares which may not be exercised for all the matters which can be resolved at a shareholders' meeting, and including voting rights of shares for which the shareholders are deemed to hold the voting rights pursuant to the provisions of Article 879, paragraph (3) of the Companies Act (Act No. 86 of 2005)) held by all the shareholders, all the members, or all the investors; the same shall apply hereinafter) of the relevant juridical person, under his/her own name or another person's name (including a fictious name; hereinafter the same shall apply in this Article);
(ii) an individual that holds the Shares, etc. pertaining to the voting rights exceeding 50 percent of the Voting Rights Held by All the Shareholders, etc. of the Parent Company (meaning the Parent Company as defined in Article 2, item (iv) of the Companies Act; the same shall apply hereinafter) of the relevant juridical person, under his/her own name or another person's name;
(iii) a member in charge of executing the business of the relevant juridical person (including associations or foundations without juridical personality having a representative person or administrator; hereinafter the same shall apply in this item, the following item, Article 4, Article 5-2, item (ii), Article 5-3, item (ii), sub-item (a), Article 5-4, paragraph (1), item (i), Article 5-5, paragraph (1), item (i) and paragraph (2), items (i) and (ii), Article 8, item (ii), sub-item (b), Article 26-27, item (ii), sub-item (a), Article 26-29, paragraph (3), item (i), Article 30, item (ix), Article 30-2, paragraph (1), Article 30-3, paragraph (1), and Article 30-7, item (ii)), or in cases where a person equivalent to such person is a juridical person, a person who is to perform its duties; and
(iv) a member in charge of executing the business, director, executive officer, representative person, or administrator of the relevant juridical person or persons equivalent thereto, or in cases where the person set forth in the preceding three items is a minor, the statutory agent thereof.
(2) In the case referred to in item (i) or (ii) of the preceding paragraph, the voting rights held by the persons set forth in these provisions shall include voting rights pertaining to Shares, etc. which may not be duly asserted against the issuer pursuant to the provisions of Article 147, paragraph (1) or Article 148, paragraph (1) of the Act on Transfer of Corporate Bonds, Shares, etc. (Act No. 75 of 2001) (including the cases where these provisions are applied mutatis mutandis pursuant to Article 228, paragraph (1), Article 235, paragraph (1), Article 239, paragraph (1), and Article 276 (limited to the part pertaining to item (ii)) of that Act).
(Employees Subject, etc. to Examination Upon Registration)
Article 3 The persons specified by Cabinet Office Ordinance as referred to in Article 3 and Article 3-7, item (iii) of the Order shall be as follows:
(i) a manager, head office manager, branch office manager, business office manager, or office director, or irrespective of their titles, a person that supervises the business of the Business Office, etc.;
(ii) in a Principal Business Office, etc. (meaning the Principal Business Office, etc. as prescribed in Article 1-5, paragraph (5); the same shall apply hereinafter), a department manager, department vice manager, section manager, or irrespective of their titles, persons who hold the position equivalent to or greater than such persons, and who holds the authority to conduct any non-judicial acts with regard to Loans, collection and management of claims and any other business that has a material influence on the interests of the Persons in Need of Funds, etc.;
(iii) in a Secondary Business Office, etc. (meaning Business Office, etc. other than the Principal Business Office, etc.; the same shall apply hereinafter) in which the number of employees engaged in the Loan Operations is 50 or more, a branch vice manager, branch sub manager, sub business office director, or irrespective of their titles, a person who is in the position to act as a person that supervised the business of said Business Office, etc.
(Point of Contact, etc. Stated on the Written Application for Registration)
Article 3-2 (1) The other point of contract, etc. specified by Cabinet Office Ordinance as referred to in Article 4, paragraph (1), item (vii) of the Act shall be as follows:
(i) telephone numbers (limited to those for specifying the place or those related to the collect call service for specifying said place);
(ii) Website URL (meaning the characters, numbers, marks or any other codes, or the combination thereof which are assigned for the identification, on the Internet, of the part of the Automatic Public Transmission Server (meaning the automatic public transmission server as prescribed in Article 2, paragraph (1), item (ix)-5, sub-item (a) of the Copyright Act (Act No. 48 of 1970)) used, and which allow the person who received the provision of information to inspect the details of said information by the input thereof in the computer used by such person; the same shall apply hereinafter); and
(iii) E-mail Address (meaning characters, numbers, marks, or any other codes assigned for the identification of the user of the e-mail; the same shall apply hereinafter).
(2) In cases of stating the point of contracts, etc. set forth in item (ii) or (iii) of the preceding paragraph as the matters set forth in Article 4, paragraph (1), item (vii) of the Act, in the written application for registration under that paragraph, any of those set forth in item (i) of the preceding paragraph shall be stated as well.
(Documents to be Attached to the Written Application for Registration)
Article 4 (1) The document pledging that the applicant does not does not fall under any of the items of Article 6, paragraph (1) of the Act set forth in Article 4, paragraph (2), item (i) of the Act shall be prepared using Appended Form No. 1-2.
(2) The documents specified by Cabinet Office Ordinance as referred to in Article 4, paragraph (2), items (ii) and (iii) of the Act shall be Driver's License (meaning the driver's license referred to in Article 92, paragraph (1) of the Road Traffic Act (Act No. 105 of 1960); the same shall apply in Article 30-13, paragraph (1), items (vi) and (viii)), Passports (meaning the passports prescribed in Article 2, item (v) of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951)), alien registration certificate, Basic Resident Register Card (meaning the basic resident register card as prescribed in Article 30-44, paragraph (1) of the Residential Basic Book Act (Act No. 81 of 1967)), or any other documents issued by a public agency or those equivalent thereto, in which the name, address, and date of birth is stated and the picture of the possessor thereof is attached by said public agency; provided, however, that in cases where the relevant person does not possess such documents, it shall be a document issued by the public agency or those equivalent thereto in which the name, address, and date of birth is stated (excluding documents set forth in item (i) of the following paragraph), and a picture of the person taken alone, from the shoulders up, without hats, from the front, with no backgrounds, in 4 cm long and 3 cm wide, and within three months prior to the date of application with the name and the shooting date entered on the back thereof.
(3) The documents specified by Cabinet Office Ordinance as referred to in Article 4, paragraph (2), item (v) of the Act shall be the following documents (in cases of documents certified by public agencies, limited to those prepared within three months prior to the date of application):
(i) extracts of the certificates of residence of the applicant for registration (in cases where such applicant is a juridical person, the officer thereof (excluding officers set forth in Article 4, paragraph (1), item (ii) of the Act that are juridical persons), and in cases where such applicant is a minor, the statutory agent thereof shall be included; hereinafter the same shall apply in this paragraph), employees specified in Article 3 of the Order (hereinafter referred to as "Important Employees"), and Chiefs of the Money Lending Operations (meaning the persons prescribed in Article 12-3, paragraph (1) of the Act; the same shall apply hereinafter) (in cases where the relevant applicant for registration, Important Employee or Chiefs of the Money Lending Operations is a foreign national, the certificate of the registered matters on the alien registration card), or substitute documents therefor;
(ii) a certificate issued by the public agency certifying that the applicant for registration, Important Employee or Chiefs of the Money Lending Operations does not fall under Article 6, paragraph (1), item (i) or (ii) of the Act (in cases where the relevant applicant for registration, Important Employee, or Chiefs of the Money Lending Operations is a foreign national, a written pledge prepared using Appended Form No. 1-2);
(iii) resumes of the applicant for registration and Important Employee prepared using Appended Form No. 2;
(iv) in cases where the applicant is a juridical person, and when the Officer (meaning the Officer as prescribed in Article 4, paragraph (1), item (ii) of the Act; hereinafter the same shall apply except in Article 5-2, items (iii) and (iv), Article 26-37, Article 26-39, Article 26-60, Article 26-61, Article 26-74, and Articles 30 to 30-10 inclusive) is a juridical person, a certificate of registered matters of the Officer and the history thereof prepared using Appended Form No. 2-2;
(v) in cases where the applicant is a juridical person, the articles of incorporation, articles of endowment (in cases of an association or foundation without juridical personality, those equivalent to articles of incorporation or articles of endowment; the same shall apply hereinafter), and certificate of registered matters, as well as registry of shareholders or members and registry of shareholders or members of the Parent Company prepared using Appended Form No. 3, or substitute documents therefor;
(vi) in cases where there is an Agent Office (meaning the Agent Office as prescribed in Article 1-5, paragraph (4); the same shall apply hereinafter), the written agent contract related to the relevant Agent Office or substitute documents therefor;
(vii) a document stating the names and dates of birth of the applicant for registration, Important Employee and Chiefs of Money Lending Operations prepared using Appended Form No. 3-2;
(viii) in cases where the applicant is a juridical person, the balance sheet pertaining to the business year immediately preceding the business year that includes the date of application for registration; provided, however, that, in cases of a juridical person established on the business year that includes the date of application for registration, the balance sheet which is to be prepared at the time of establishment of said juridical person, or substitute documents therefor;
(ix) in cases where the applicant is any of the following juridical persons, a document containing the contents of the accounting audit reports or audit reports pertaining to the business year immediately preceding the business year that includes the date of application for registration specified in the following respective items:
(a) a company with accounting auditors as prescribed in Article 2, item (xi) of the Companies Act: the accounting audit report as referred to in the second sentence of Article 396, paragraph (1) of the Companies Act; and
(b) in addition to what is listed in sub-item (a), a juridical person audited by a certified public accountant (including foreign certified public accountants defined in Article 16-2, paragraph (5) of the Certified Public Accountant Act (Act No. 103 of 1948); the same shall apply in Article 30, item (ix), sub-item (b)) or auditing firm: the audit reports prepared by the relevant certified public accountant or auditing firm;
(x) in cases where the applicant is an individual, a record on his/her property prepared using Appended Form No. 4;
(xi) a copy of the document referred to in Article 26-53, paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to Article 26-57) concerning the Chiefs of Money Lending Operations to be assigned to each business office or office pursuant to the provisions of Article 12-3, paragraph (1) of the Act;
(xii) Internal Rules (meaning rules to be observed by the Money Lender, or the officer or employee thereof, and to be prepared by the Money Lender; the same shall apply hereinafter) concerning the money lending operations;
(xiii) an organization chart related to the money lending operation (including organizations implementing internal management affairs), and written business experience of one Person With Experience of Loan Service (meaning a person engaged in the loan service for one year or more who is assigned at each Business Office, etc.) for each Business Office, etc. (excluding Business Office, etc. carrying out the Loan Operations only by unmanned automatic contract machines or Automatic Cash Machines; hereinafter the same shall apply in this item), prepared using Appended Form No. 4-2.
(xiv) a document stating the matters specified in sub-item (a) or (b) according to the category of cases set forth in the respective sub-item, which is prepared using Appended Form No. 4-2-2:
(a) in cases where there is a Designated Dispute Resolution Organization: the trade name or name of the Designated Dispute Resolution Organization with regard to whom the Money Lender takes the measure to conclude the Basic Contract for Implementation of Dispute Resolution Procedures as prescribed in Article 12-2-2, paragraph (1), item (i) of the Act, and that is the counterparty to such Basic Contract for Implementation of Dispute Resolution Procedures; and
(b) in cases where there is no Designated Dispute Resolution Organization: the content of the Complaint Processing Measures and Dispute Resolution Measures prescribed in Article 12-2-2, paragraph (1), item (ii) of the Act to be taken by the Money Lender.
(Implementation of Registration)
Article 4-2 (1) When the Director-General of a Local Finance Bureau, Director-General of the Fukuoka Local Finance Branch Bureau, or prefectural governor effects the registration under Article 5, paragraph (1) of the Act, he/she shall effect such registration by placing the pages No. 2 to No. 8 inclusive of the Appended Form No. 1 in the Money Lenders registry.
(2) When the Director-General of a Local Finance Bureau, Director-General of the Fukuoka Local Finance Branch Bureau, or prefectural governor intends give the notice under Article 5, paragraph (2) of the Act, he/she shall give such notice by using the written notice of completion of registration prepared using Appended Form No. 4-3.
(Notice of Refusal of Registration)
Article 4-3 (1) When a Director-General of a Local Finance Bureau, or Director-General of the Fukuoka Local Finance Branch Bureau intends give the notice under Article 6, paragraph (2) of the Act, he/she shall give such notice by using the written notice of refusal of registration prepared using Appended Form No. 4-4.
(2) When a prefectural governor intends to give the notice under Article 6, paragraph (2) of the Act, he/she shall give such notice by using the written notice of refusal of registration prepared using Appended Form No. 4-5.
(Time Limit for Application for Renewal of Registration)
Article 5 When a Money Lender intends to obtain the renewal of registration under Article 3, paragraph (2) of the Act, the Money Lender shall apply for the renewal of the registration currently in effect by two months prior to the day on which the validity period for such registration expires.
(Persons Found Likely to Commit a Wrongful Act, etc.)
Article 5-2 The persons specified by Cabinet Office Ordinance as referred to in Article 6, paragraph (1), item (vii) and Article 24-27, paragraph (1), item (viii) of the Act shall be those falling under any of the following category:
(i) a person who has made the notification under Article 10, paragraph (1), item (iv) or (v) of the Act during the period from the day on which the notice under Article 15 of the Administrative Procedure Act (Act No. 88 of 1993) related to the disposition of rescinding registration to be rendered to the person for him/her falling under any of the cases set forth in the items of Article 24-6-4, paragraph (1) or the items of Article 24-6-5, paragraph (1) of the Act until the day on which such disposition is rendered or on which a decision of not rendering such disposition is made (excluding persons with reasonable grounds for the dissolution or abolition of the Money Lending Business), and for whom five years have yet to elapse from the day of such notification;
(ii) a person who was an Officer of the juridical person that made the notification under Article 10, paragraph (1), item (ii), (iv) or (v) of the Act (excluding juridical persons with reasonable grounds for merger, dissolution or abolition of the Money Lending Business) within the period set forth in the preceding item, and who was in such position during the period from the day 30 days prior to the day on which the notice under the preceding item has been given until the day on which the merger, dissolution of abolition of the juridical person has been effected, and for whom five years have yet to elapse from the day of such notification;
(iii) an Officer (meaning the Officer as prescribed in Article 24-6-4, paragraph (2) of the Act; the same shall apply in the following item) who has been dismissed pursuant to the provision of that paragraph, and for whom five years have yet to elapse from the day on which such disposition has been rendered; and
(iv) a person that resigned within the period from the day on which the notice under Article 15 of the Administrative Procedure Act related to the disposition ordering the dismissal of the Officer for falling under the case set forth in Article 24-6-4, paragraph (2) of the Act has been made until the day on which such disposition was rendered or on which a decision not to render such disposition has been made, and who was to be dismissed under such order (excluding persons with reasonable grounds for the resignation), and for whom five years have yet to elapse from the day of such resignation.
(Grounds Regarded Unlikely to Harm the Interests of the Persons in Need of Funds, etc.)
Article 5-3 The grounds specified by Cabinet Office Ordinance as referred to in Article 6, paragraph (1), item (xiv) of the Act shall be as follows:
(i) that the relevant person is subject to an order of commencement of rehabilitation proceedings or order of commencement of reorganization proceedings (excluding cases where the rehabilitation proceedings or reorganization proceedings related to such order are closed);
(ii) that the relevant person satisfies all of the following requirements:
(a) that the relevant person is a nonprofit juridical person;
(b) that the Amount of Net Assets (meaning the amount specified in Article 5-5, paragraph (1), items (i) or paragraph (2), item (i) or (ii)) is five million yen or more;
(c) that Loans to the business related to Specified Non-profit Activities (meaning the specified non-profit activities as prescribed in Article 2, paragraph (1) of the Act on Promotion of Non-profit Activities (Act No. 7 of 1998)) or Loans for supporting persons living in poverty are the main purpose of the business, and such fact is provided in the articles of incorporation or articles of endowment;
(d) that the following matters are provided in the articles of incorporation or articles of endowment:
1. that the refund shall not be made in an amount exceeding the amount of distribution of surplus or payment of contribution;
2. that the residual assets at the time of dissolution are to be vested in a person who has the business of the Loans prescribed in sub-item (c) as the main purpose thereof, or the State or local public entities;
(e) that, in cases where the person whose Amount of Net Assets is less than the amount specified in Article 3-2 of the Order satisfies the requirements set forth in sub-items (a) to (d) inclusive and obtains the registration under Article 3, paragraph (1) of the Act (including cases where Money Lenders whose Amount of Net Assets is less than the amount specified in Article 3-2 of the Order continues to engage in the Money Lending Business by notifying to the effect that the Money Lender falls under the case set forth in Article 26-25, paragraph (1), item (iii)), that the relevant person satisfies all of the following requirements:
1. that, with regard to all of the Loans made after the relevant person satisfying the requirements set forth in sub-item (a) to (d) inclusive, the relevant person does not conclude a contract for interest (including Payment Regarded as Interests (meaning the Payment Regarded as Interests as prescribed in Article 12-8, paragraph (2) of the Act); hereinafter the same shall apply in this item) whose interest rate exceeds 7.5 % per annum, or receives interests based on the interest rate exceeding the first mentioned interest rate, or demands the payment thereof, in relation to such Loans;
2. that, when there is an income of interests under the Loan (limited to Loans made after the relevant person satisfies the requirements set forth in sub-items (a) to (d) inclusive; hereinafter the same shall apply in this item), the ratio of the amount of income of interests under the Loans prescribed in sub-item (c) to the amount of income of interests for each business year is exceeding 50 %;
3. that the following documents are prepared, and are kept at the principal business office or office and offered for inspection when requested by the Obligor, etc. or any other interested persons, until the following days according to the category of documents set forth respectively:
i. a copy of the written application for registration containing the matters set forth in the items of Article 4, paragraph (1) of the Act: the day on which the validity period of the registration expires;
ii. the business reports, inventory of property, balance sheet, income and expenditure statement, and any other documents related to settlements for each business year: the last day of the business year following the next business year of the relevant business year;
iii. a document disclosing the contents of the Contracts for the Loan which has an outstanding balance as of the end of each business year (excluding the name of the Obligor, etc. that is an individual): the last day of the business year following the next business year of the relevant business year.
(Examination of Refusal of Registration)
Article 5-4 (1) In cases where an application for registration under Article 3, paragraph (1) of the Act has been filed, when a Director-General of a Local Finance Bureau, Director-General of the Fukuoka Local Finance Branch Bureau, or prefectural governor examines whether the applicant is a person who is found not to have developed infrastructure necessary for carrying out the Money Lending Business properly as referred to in Article 6, paragraph (1), item (xv), he/she shall examine whether the relevant person who has made the application satisfies the following requirements:
(i) that the contents of the articles of incorporation or articles of endowments are in compliance with laws and regulations (limited to cases where the applicant is a juridical person);
(ii) that any of the Officers who regularly engages in the business is a person with the experience of engaging in the loan service for three years or more (in cases where the applicant is an individual, that the applicant is a person with the experience of engaging in the loan service for three years or more);
(iii) that more than one person who has engaged in the loan service for one year or more is employed as a full-time officer or employee at each Business Office, etc. (excluding Business Offices, etc. carrying out the Loan Operations only by unmanned automatic contract machines or Automatic Cash Machines);
(iv) that the Money Lender has provided Internal Rules sufficient to protect the interests of the Persons in Need of Funds, etc. and to contribute to the proper management of the Money Lending Business; and
(v) that the Money Lender has taken measures necessary to take the measures prescribed in Article 12-2-2 of the Act.
(2) The Internal Rules as referred to in item (iv) of the preceding paragraph shall include provisions clarifying the system for the responsibility of the money lending operations.
(Amount of Net Assets)
Article 5-5 (1) The amount of net assets as referred to in Article 6, paragraph (4) of the Act shall be the following amounts according to the category set forth in the respective items:
(i) a juridical person: the amount indicated as the total amount of the net assets section in the balance sheet pertaining to the most recent business year or substitute documents therefor (in cases where there is no most recent business year, the balance sheet which is to be prepared at the time of establishment of the relevant juridical person or substitute documents therefor);
(ii) an individual: the amount obtained by deducting the total amount of liabilities from the total amount of assets in the record on the individual's property pertaining to the most recent business year (the business year of an individual shall be counted from January 1 to December 31 in the same year; the same shall apply hereinafter) (in cases where there is no most recent business year, the record of property set forth in Article 4, paragraph (3), item (x)) which is prepared using Appended Form No. 4.
(2) Notwithstanding the provisions of the preceding paragraph, the amount of net assets referred to in Article 6, paragraph (4) of the Act in the cases set forth in the following items shall be the amounts specified in the respective items:
(i) in cases where the juridical person has prepared a balance sheet or substitute documents therefor pursuant to the provisions of laws and regulations or any other provisions equivalent thereto after the last day of the most recent business year: the amount indicated as the total amount of the net assets section in the relevant balance sheet or substitute documents therefor;
(ii) in cases where the amount of net assets of the juridical person has increased or decreased as a result of the payment for shares, distribution of surplus, acquisition of treasury shares, merger, company split or any other acts similar thereto effected after the last day of the most recent business year (in cases where there is no most recent business year, the day of establishment of the juridical person): the amount obtained by adding the amount of increase to or deducting the amount of decrease from, the amount specified in item (i) of the preceding paragraph (in the case listed in the preceding item, the amount specified in that item); and
(iii) in cases where the amount of net assets of an individual has increased or decreased upon inheritance (including testamentary gifts) or donation made after the last day of the most recent business year (in cases where there is no most recent business year, the date of application of the registration under Article 3, paragraph (1) of the Act): the amount obtained by adding the amount of increase to or deducting the amount of decrease from, the amount specified in item (ii) of the preceding paragraph.
(Application for Transfer of Registration)
Article 6 (1) In cases where a Money Lender, after receiving the registration under Article 3, paragraph (1) of the Act, falls under any of the items of Article 7 of the Act but intends to continue to engage in the Money Lending Business, and intends to newly receive the registration under Article 3, paragraph (1) of the Act, such Money Lender shall file an application for registration via the Director-General of the Local Finance Bureau or Director-General of the Fukuoka Local Finance Branch Bureau (hereinafter collectively referred to as the "Competent Director-General of the Local Finance Bureau") that granted the registration currently in effect to such Money Lender.
(2) When a Competent Director-General of the Local Finance Bureau or prefectural governor has effected the registration pertaining to the application under the preceding paragraph, he/she shall notify such fact by using a written notice of transfer of registration prepared using Appended Form No. 4-6 to the Director-General of the Local Finance Bureau or Director-General of the Fukuoka Local Finance Branch Bureau or the prefectural governor that effected the previous registration, without delay.
(Notification of Changes)
Article 7 (1) Where a Money Lender that has received the registration from the Commissioner of the Financial Services Agency intends to make the notification under Article 8, paragraph (1) of the Act, such Money Lender shall submit a written notification of changes prepared using Appended Form No. 5 (simply referred to as the "Written Notification of Changes" in the following paragraph) to the Competent Director-General of the Local Finance Bureau, by attaching a copy of the documents to be attached as referred to in paragraph (3) of that Article (simply referred to as the "Documents to be Attached" in the following paragraph) thereto.
(2) Where a Money Lender that has received the registration from the prefectural governor intends to make the notification under Article 8, paragraph (1) of the Act, such Money Lender shall submit the Written Notification of Changes to the relevant prefectural governor by attaching the number of duplicate copies of the Written Notification of Changes and Documents to be Attached specified by said prefectural governor thereto.
(Documents to be Attached to Written Notification of Changes)
Article 8 The documents specified by Cabinet Office Ordinance as referred to in Article 8, paragraph (3) of the Act shall be the following documents (in cases of documents certified by public agencies, limited to those prepared within three months prior to the date of application) according to the category of cases set forth in the respective items:
(i) in cases where the Money Lender has changed its trade name or name: a certificate of registered matters stating the matters related to the relevant changes;
(ii) in cases where there were any changes to the Officers (excluding persons set forth in Article 2, paragraph (1), item (iv); hereinafter the same shall apply in this item) of the Money Lender: a document pledging that Money Lender does not fall under the case set forth in Article 6, paragraph (1), item (ix) of the Act which is prepared using Appended Form No. 1-3, and the following documents according to the category of the new Officer listed in the respective sub-items:
(a) an individual: the following documents related to the person who has newly become an Officer:
1. the documents set forth in Article 4, paragraph (2);
2. an extract of the certificate of residence of the relevant individual (in cases where the individual is a foreign national, a certificate of registered matters on the alien registration card), or substitute documents therefor;
3. a certificate issued by a public agency providing to the effect that the relevant individual does not fall under the case set forth in Article 6, paragraph (1), item (i) or (ii) of the Act (in cases where the individual is a foreign national, a written pledge prepared using Appended Form No. 1-2);
4. a resume prepared using Appended Form No. 2;
5. a document stating the name and date of birth of the relevant individual prepared using Appended Form No. 3-2;
(b) a juridical person: a certificate of registered matters related to the person who has newly become an Officer, and the history prepared using Appended Form No. 2-2;
(iii) in cases where there were any changes to an Important Employee: a document pledging that the relevant Important Employee does not fall under the case set forth in Article 6, paragraph (1), item (ix) or (x) of the Act which is prepared using Appended Form No. 1-3, and the documents set forth in sub-item (a)1. to 5. inclusive of the preceding item related to the person who has newly become an Important Employee;
(iv) in cases where there were any changes to the Chiefs of Money Lending Operations: a document pledging that the relevant Chief of Money Lending Operations does not fall under the case set forth in Article 6, paragraph (1), item (xiii) of the Act which is prepared using Appended Form No. 1-3 and the documents set forth in Article 4, paragraph (3), item (xi) and Article 8, item (ii), sub-item (a)2., 3., and 5. related to the person who has newly become a Chief of Money Lending Operations;
(v) in cases where there were an changes to the statutory agent of the Money Lender that is a minor, or to persons set forth in Article 2, paragraph (1), item (iv) (hereinafter collectively referred to as the "Statutory Agent" in this item): a document pledging that the relevant Statutory Agent does not fall under the case set forth in Article 6, paragraph (1), item (viii) of the Act which is prepared using Appended Form No. 1-3, and the documents set forth in item (ii), sub-item (a)1. to 5. inclusive related to the person who has newly become a Statutory Agent;
(vi) in cases where the Money Lender intends to change the location of the Business Office, etc.: the documents set forth in Article 4, paragraph (2), item (iv) of the Act related to the new Business Office, etc.; and
(vii) in cases where there were any changes in relation to the Agent Office: a written agent contract related to the relevant Agent Office, or substitute documents therefor.
(Inspection of the Money Lenders Registry)
Article 9 (1) The Competent Director-General of the Local Finance Bureau shall keep the Money Lenders registry related to the Money Lender for which he/she has granted the registration at the Local Finance Bureau which has jurisdiction over the location of the principal Business Office, etc. of said Money Lender (in cases where such location is within the jurisdictional district of the Fukuoka Local Finance Branch Bureau, the Fukuoka Local Finance Branch Bureau), and offer it for public inspection.
(2) The Money Lenders registry related to the Money Lender for which the prefectural governor has granted the registration shall be offered for public inspection as provided by said prefectural governor.
(Notification of Discontinuance of Business, etc.)
Article 10 (1) A person who intends to make the notification under Article 10, paragraph (1) of the Act to the Commissioner of the Financial Services Agency shall submit a written notification of discontinuance of business, etc. prepared using Appended Form No. 6 (simply referred to as the "Written Notification of Discontinuance of Business, etc." in the following paragraph) to the Director-General of the Local Finance Bureau or Director-General of the Fukuoka Local Finance Branch Bureau that effected the registration under paragraph (2) of that Article, by attaching a copy of the documents specified in the following items according to the cases set forth in the respective items thereto:
(i) cases where the Money Lender has died: a certificate of seal impression (limited to those prepared within three months prior to the date of notification; the same shall apply in item (v)), and transcript of the family registry of the person who intends to make the notification (hereinafter referred to as the "Notifier" in this paragraph), transcript of the registry of removal from a register pertaining to the relevant Money Lender, and a copy of the document evidencing the selection of the person to succeed to the Money Lending Business (in cases where there are two or more heirs, limited to cases where a person to succeed to the Money Lending Business is selected);
(ii) cases where the juridical person has extinguished as a result of merger (in cases of an association or foundation without juridical personality, acts equivalent to merger; the same shall apply in item (iv)): a copy of certificate of registered matters of the juridical person that extinguished and the written merger agreement (in cases of an association or foundation without juridical personality, a copy of the documents equivalent to a written merger agreement);
(iii) cases where an order for commencement of bankruptcy proceedings was made upon the Money Lender: a copy of the document evidencing that the court has selected the Notifier as the bankruptcy trustee;
(iv) cases where the juridical person has dissolved on grounds other than merger or order for commencement of bankruptcy proceedings (in cases of an association or foundation without juridical personality, acts equivalent to dissolution): a certificate of registered matters related to the liquidator (in cases of an association or foundation without juridical personality, a document evidencing that the Notifier was the representative person or administrator thereof); and
(v) cases where the Money Lender discontinued its Money Lending Business: the certificate of seal impression of the Notifier.
(2) A person who intends to make the notification under Article 10, paragraph (1) of the Act shall submit the Written Notification of Discontinuance of Business, etc. to the relevant prefectural governor, by attaching the number of duplicate copies of the Written Notification of Discontinuance of Business, etc. and the documents specified in the items of the preceding paragraph according to the cases set forth in the respective items specified by said prefectural governor, thereto.
(Measures for Safety Management of Information on Persons in Need of Funds, etc. That Are Individuals)
Article 10-2 In case where the Money Lender entrusts the safety management of information on Persons in Need of Funds, etc. that are individuals handled thereby, supervision of workers, and the handling of such information, such Money Lender shall take necessary and appropriate measures to prevent the leakage, loss or damage to such information, in relation to the supervision of the entrusted entity.
(Handling of Information on Repayment Capacity)
Article 10-3 A Money Lender shall take measures to ensure that the information provided from an Organization Handling Credit Information (meaning those that collect information on the repayment capacity for borrowings of the Person in Need of Funds, etc. and provides such information to Money Lenders; the same shall apply in Article 12-2, Article 13, and Article 30-14, paragraph (1), item (i)) which is related to the repayment capacity for borrowings of a Person in Need of Funds, etc. that is an individual shall not be used for the purpose other than the investigation on the repayment capacity of the Persons in Need of Funds, etc.
(Handling of Special Non-Disclosure Information)
Article 10-4 A Money Lender shall take measures to ensure that the information on race, creed, family origin, registered domicile, medical care, or criminal records of the Person in Need of Funds, etc. that is an individual or any other Special Non-Disclosure Information (meaning information which came to its knowledge in the course of business but has not been disclosed) handled thereby shall not be used for the purpose other than the assurance of proper management of business or any other purpose found necessary.
(Measures to Ensure Appropriate Execution of Business to be Entrusted)
Article 10-5 In cases where a Money Lender entrusts the money lending operation to a third party, such Money Lender shall take the following measures according to the contents of the business:
(i) measures to entrust the relevant business to a person who has the ability to carry out such business in an appropriate, fair and efficient way;
(ii) measures to implement necessary and appropriate supervision over the person entrusted with the relevant business (hereinafter referred to as the "Entrusted Person" in this Article), such as observing the Entrusted Person if he/she is executing the business appropriately and have him/her improve it if necessary, by confirming the status of implementation of the business by the Entrusted Person on a regular or as-needed basis;
(iii) measures necessary for the appropriate and prompt processing of the complaints from the Person in Need of Funds, etc. related to the relevant business conducted by the Entrusted Person;
(iv) in cases where any situations that hinders the Entrusted Person's appropriate execution of the business occurs, measures to prevent the occurrence of hindrance to the protection of Persons in Need of Funds, etc. related to said business, such as the prompt entrustment of the business to another appropriate third party; and
(v) in cases where it is necessary for the assurance of sound and appropriate management of the Money Lender's business or for the protection of Persons in Need of Funds, etc. related to said business, measures to take necessary measures, such as the changes to or cancellation of the contract on entrustment of the business.
(Internal Rules, etc.)
Article 10-6 A Money Lender shall, according to the content and method of business conducted thereby, provide Internal Rules, etc. (meaning Internal Rules and any other rules equivalent thereto; hereinafter the same shall apply in this Article) concerning the explanation of important matters to Person in Need of Funds, etc. based on the knowledge, experience and status of property of the Persons in Need of Funds, etc. or any other measures to ensure the sound and appropriate management of business (including the delivery of documents, explanation of the contents of the loan product or transaction by any other appropriate method, and measure to prevent crimes), and develop trainings for its workers and other system sufficient for the business to be managed based on the relevant Internal Rules, etc.
(Complaint Processing Measures and Dispute Resolution Measures for Money Lending Operations)
Article 10-6-2 (1) The measures specified by Cabinet Office Ordinance as the Complaint Processing Measures as prescribed in Article 12-2-2, paragraph (1), item (ii) of the Act shall be any of the following:
(i) to take all of the following measures:
(a) to establish a system for business operation sufficient to execute the business of processing Complaints Related to Money Lending Operations (meaning the Complaints Related to Money Lending Operations as defined in Article 2, paragraph (20) of the Act; hereinafter the same shall apply in this paragraph and paragraph (3)) in a fair and appropriate manner;
(b) to establish Internal Rules for the fair and appropriate execution of the business of processing Complaints Related to Money Lending Operations (limited to the internal rules including the provisions clarifying the sharing of responsibility in the company with regard to said business);
(c) to inform the Person in Need of Funds, etc. (meaning the Person in Need of Funds, etc. as prescribed in Article 12-2-2, paragraph (1), item (ii) of the Act) the entity to which the Complaints Related to Money Lending Operations is to be filed, and publicize the system for business operation as provided in sub-item (a) and the Internal Rules provided in sub-item (b);
(ii) to aim at processing the Complaints Related to Money Lending Operations by the settlement of complaints carried out by the Money Lenders Association pursuant to the provisions of Article 41-7, paragraph (1) of the Act;
(iii) to aim at processing the Complaints Related to Money Lending Operations through the mediation referred to in Article 19, paragraph (1) or Article 25 of the Consumer Basic Act (Act No. 78 of 1968);
(iv) to aim at processing the Complaints Related to Money Lending Operations through the procedures of processing complaints implemented by the person who has obtained the designation listed in the items of Article 4-2 of the Order; or
(v) to aim at processing the Complaints Related to Money Lending Operations through the procedures of processing complaints implemented by the Juridical Person (meaning the juridical person as prescribed in Article 41-39, paragraph (1), item (i) of the Act; the same shall apply in item (iv) of the following paragraph) with financial basis and personnel structure sufficient to execute the business of processing Complaints Related to Money Lending Operations in a fair and appropriate manner.
(2) The measures specified by Cabinet Office Ordinance as the Dispute Resolution Measures as prescribed in Article 12-2-2, paragraph (1), item (ii) of the Act shall be any of the following:
(i) to aim at resolving the Dispute Related to Money Lending Operations (meaning the Dispute Related to Money Lending Operations as prescribed in Article 2, paragraph (21) of the Act; hereinafter the same shall apply in this Article) through the mediation by an organization provided in the articles of association referred to in Article 33, paragraph (1) of the Attorney Act (Act No. 205 of 1949) or rules provided pursuant to the provisions of said articles of association, or through the arbitration procedure by such organization;
(ii) to aim at resolving the Dispute Related to Money Lending Operations through the mediation provided in Article 19, paragraph (1) or Article 25 of the Consumer Basic Act, or through a settlement through agreement as prescribed in that Article;
(iii) to aim at resolving the Dispute Related to Money Lending Operations through the procedures of resolving disputes implemented by the person who has received the designation listed in the items of Article 4-2 of the Order; or
(iv) to aim at resolving the Dispute Related to Money Lending Operations through the procedures of processing complaints implemented by the Juridical Person with financial basis and personnel structure sufficient to execute the business of resolving the Dispute Related to Money Lending Operations in a fair and appropriate manner.
(3) Notwithstanding the provisions of the preceding two paragraph (limited to paragraph (1), item (v), and item (iv) of the preceding paragraph), a Money Lender shall not aim at processing the Complaints Related to Money Lending Operations or resolving the Dispute Related to Money Lending Operations through the procedures implemented by a juridical person falling under any of the following category:
(i) a juridical person who has been sentenced to a fine for having violated the provisions of this Act or the Attorney Act, and for whom five years have not elapsed since the day on which execution of the sentence has been completed or the sentence has become no longer applicable;
(ii) a juridical person who has been rescinded the designation under Article 41-39, paragraph (1) of the Act pursuant to Article 41-61, paragraph (1) of the Act, and for whom five years have not elapsed from the day of rescission, or a juridical person who has been rescinded the designation listed in the items of Article 4-2 of the Order, and for whom five years have not elapsed from the day of rescission;
(iii) a juridical person who has in its Officers (meaning the Officers as prescribed in Article 41-39, paragraph (1), item (iv) of the Act; hereinafter the same shall apply in this item) conducting the business thereof falling any of the following category:
(a) a person who has been sentenced to imprisonment without work or a severer punishment, or a fine for having violated the provisions of this Act or the Attorney Act, and for whom five years have not elapsed since the day on which execution of the sentence has been completed or the sentence has become no longer applicable;
(b) with regard to a juridical person who has been rescinded the designation under Article 41-39, paragraph (1) of the Act pursuant to Article 41-61, paragraph (1) of the Act, a person who was an Officer of such juridical person within 30 days prior to the day of rescission and for whom five years have not elapsed from the day of rescission, or with regard to a juridical person who has been rescinded the designation listed in the items of Article 4-2 of the Order, and for whom five years have not elapsed from the day of rescission, a person who was an Officer of such juridical person within 30 days prior to the day of rescission and for whom five years have not elapsed from the day of rescission.
(Establishment of Chiefs of Money Lending Operations)
Article 10-7 When a Money Lender assigns a Chief of Money Lending Operations at the Business Office, etc. pursuant to the provisions of Article 12-3, paragraph (1) of the Act, such Chief of Money Lending Operations shall be persons who do not fall under any of the following items: provided, however, that, this shall not apply to cases where a Chief of Money Lending Operations is to be assigned at a Business Office, etc. that carries out the Loan Operations only by unmanned automatic contract machines or Automatic Cash Machines, or Agent Office (limited to cases where the relevant Agent Office is a Money Lender):
(i) that the relevant person is not a person who regularly works at the relevant Business Office, etc.;
(ii) that the relevant person is a person who is registered in the Money Lenders registry as a Chief of Money Lending Operations of another Business Office, etc. and for whom the notification under Article 8, paragraph (1) of the Act has not been made.
(Numbers Specified by Cabinet Office Ordinance as Referred to in Article 12-3, Paragraph (1) of the Act)
Article 10-8 The numbers specified by Cabinet Office Ordinance as referred to in Article 12-3, paragraph (1), item (i) of the Act shall be the number of which the ratio of the number of persons engaged in the money lending operation at the Business Office, etc. to the number of Chiefs of Money Lending Operations becomes 2 % or more.
(Forms, etc. of Identification Cards)
Article 10-9 (1) The identification cards referred to in Article 12-4, paragraph (1) of the Act shall be those containing the following matters according to the category listed in the respective items with the photograph of the worker attached thereto:
(i) in cases where the worker engages in the money lending operation of the Money Lender (excluding cases falling under the following item):
(a) the trade name, name, address and registration number of the Money Lender (entry of the registration number in parentheses may be omitted);
(b) the name of the worker;
(c) the number of the certificate;
(ii) in cases where the worker engages in the money lending operation under the entrustment from the Money Lender (including cases of acting as an agent for the Money Lending Business under the entrustment of the Money Lender);
(a) the trade name, name, address and registration number of the Money Lender that entrusted the money lending operation (entry of the registration number in parentheses may be omitted);
(b) the trade name, name, and address of the person entrusted with the money lending operation from the relevant Money Lender, as well as the registration number in cases where such entrusted person is a Money Lender (entry of the registration number in parentheses may be omitted);
(c) the fact that the relevant Money Lender has entrusted the money lending operation;
(d) the name of the worker; and
(e) the number of the certificate.
(2) The money lending operations as referred to in Article 12-4, paragraph (1) of the Act shall not include business of carrying out an advertisement without accompanying solicitation or business carried out without facing the Person in Need of Funds, etc. at the Business Office, etc.
(3) The worker shall present the identification card prescribed in paragraph (1) to the other party when requested by the other party upon implementing the money lending operation.
(Matters to be Stated, etc. in the Roster of Employees)
Article 10-9-2 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 12-4, paragraph (2) of the Act shall be as follows:
(i) the date of birth of the employee;
(ii) contents of the major duties of the employee;
(iii) information on as to whether the relevant employee is a Chief of Money Lending Operations or not;
(iv) in cases where the relevant employee is a Chief of Money Lending Operations, the registration number thereof;
(v) the date on which the relevant employee became the employee of the relevant Business Office, etc.;
(vi) in cases where the relevant employee has ceased to be the employee of the relevant Business Office, etc., the date thereof;
(vii) information on as to whether the relevant employee is a person who has engaged in the loan service under Article 5-4, paragraph (1), item (iii) for one year or more (limited to persons who are full-time officers or employees).
(2) The form of the roster of employees referred to in Article 12-4, paragraph (2) of the Act shall be based on Appended Form No. 6-2.
(3) The Money Lender shall preserve the roster of employees referred to in Article 12-4, paragraph (2) of the Act for 10 years from the day on which the latest statement has been made.
(Restrictions on Conclusion of Life Insurance Contracts, etc.)
Article 10-10 The contracts specified by Cabinet Office Ordinance as referred to in Article 12-7 of the Act shall be the following contracts:
(i) loan contracts for funds necessary for building or purchasing Housings (meaning buildings for residential purpose (including those with part for business purpose); hereinafter the same shall apply in this item) (including funds necessary for the acquisition of lands for purpose of Housings or leasehold right), or for funds necessary for the improvement of Housings;
(ii) in cases where the Loan under the preceding item are planned to be made by the Money Lender itself or others, loan contacts to be made as a stopgap before said Loan is to be made.
(Security Measures for Performance of Obligations Which Shall Not Be Made as the Condition for Concluding a Loan Contract)
Article 10-11 The measures specified by Cabinet Office Ordinance as referred to in Article 12-8, paragraph (5) of the Act shall be the measure to provide lands, buildings, or any other property as a collateral to secure the performance of obligations under the loan contract.
(Preservation of Records on Confirmation of Guarantee Charges)
Article 10-12 A Money Lender shall preserve the record referred to in Article 12-8, paragraph (7) of the Act until the final repayment due date provided in the loan contract set forth in paragraph (6) of that Article (in cases where the claim under the loan contract has extinguished upon performance or on any other grounds, the day on which the claim extinguished; provided, however, that in cases where the loan contract is a Basic Contract for a Revolving Credit Loan or a contract for a Revolving Credit Loan, the day of cancellation of the Basic Contract for a Revolving Credit Loan or among the final repayment due dates provided in all the contracts for Revolving Credit Loans under the Basic Contract for a Revolving Credit Loan, the latest date (in cases where all the claims under these contracts have extinguished upon performance or any other grounds, the day on which the claims have extinguished), whichever comes later).
(Contracts for Guarantee Charges Which Shall Not Be Made as the Condition for Concluding a Loan Contract)
Article 10-13 The contract for guarantee charge specified by Cabinet Office Ordinance as referred to in Article 12-8, paragraph (8) of the Act shall be the contract for guarantee charges in cases where a Guarantee Business Operator provides guarantee by having the obligation under the loan contract (limited to those of which the amount of interest is not fixed (excluding cases where the interest to be paid for the principal obligation is decided by the interest rate which may fluctuate after the conclusion of the contract for interest)) as the principal obligation.
(Contract for a Revolving Guarantee Which Shall Not Be Concluded With a Guarantee Business Operator)
Article 10-14 The Contract for a Revolving Guarantee specified by Cabinet Office Ordinance as referred to in Article 12-8, paragraph (9) of the Act shall be those which fall under any of the following items:
(i) a Contract for a Revolving Guarantee providing the Maximum Principal (meaning the maximum amount of principal of the principal obligation which the guarantor is to assume the responsibility of performance) exceeding the total of the amount of principal of the principal obligation actually in existence at the time of conclusion of the relevant Contract for a Revolving Guarantee and the amount of principal of the obligation related to the loan contract which is expected to arise after the conclusion of the relevant Contract for a Revolving Guarantee (limited to the amount of principal which is within the scope found to be reasonable in light of the status of the borrowing of funds of the principal obligor by the time of concluding the relevant Contract for a Revolving Guarantee or the assets held by the principal obligor at the time of concluding the relevant Contract for a Revolving Guarantee);
(ii) a Contract for a Revolving Guarantee fixing a day after the day on which three years have elapsed from the date of conclusion of the Contract for a Revolving Guarantee as the principal determination date, or a Contract for a Revolving Guarantee with no provision on principal determination date.
(Juridical Act Found Not to Accompany Additional Services for Intermediary)
Article 10-15 The juridical acts specified by Cabinet Office Ordinance as referred to in Article 12-8, paragraph (10) of the Act shall be those which fall under any of the following items:
(i) a refinancing (limited to those made between the same Money Lender and obligor) made after the conclusion of a loan contract (limited to those concluded through the intermediary for leasing money; the same shall apply in the following item) which is found not to accompany any additional services; and
(ii) conclusion of a new loan contract (limited to those made between the same Money Lender and obligor) made after the termination of the loan contract, which is found not to accompany any additional services.
(Exceptions to Obligations to Use Credit Information Held by a Designated Credit Bureau)
Article 10-16 The Contract for a Loan specified by Cabinet Office Ordinance as referred to in Article 13, paragraph (2) of the Act shall be the following contracts:
(i) a contract for a Revolving Credit Loan; and
(ii) the contracts set forth in Article 1-2-2, items (ii) to (v) inclusive.
(Documents Containing the Matters That Disclose Financial Resources, etc.)
Article 10-17 (1) The documents or Electromagnetic Record specified by Cabinet Office Ordinance as referred to in the main clause of and proviso to Article 13, paragraph (3) of the Act (including the cases where these provisions are applied mutatis mutandis pursuant to paragraph (5) of that Article) and the main clause of Article 13-3, paragraph (3) of the Act shall be the following documents (except for those set forth in items (iii), (ix) and (xi) (limited to the part pertaining to items (iii) and (ix)), limited to those pertaining to the most recent period at which the documents are to be issued in general) or the copy thereof (in cases where such documents are prepared in the form of an Electromagnetic Record in lieu of a written document, including such Electromagnetic Record; hereinafter collectively referred to as the "Documents, etc." in this paragraph); provided, however, that, in cases where there were changes to the place of work of the Individual Customer (meaning the Individual Customer as defined in Article 13, paragraph (3) of the Act; the same shall apply hereinafter), or to the financial resources of the relevant Individual Customer which are to be disclosed by such Document, etc., limited to Documents, etc. that disclose the financial resources after the change:
(i) Withholding Records (meaning the Withholding Records as prescribed in Article 13, paragraph (3) of the Act);
(ii) payment record;
(iii) salary payment description (limited to those of the latest two months or more);
(iv) final returns;
(v) financial statement for blue return;
(vi) statement of earnings and expenditures;
(vii) notification of tax;
(viii) income certificate;
(ix) pension certificate;
(x) pension notice;
(xi) the documents set forth in the preceding items related to the Spouse of the Individual Customer (including persons who have not yet registered his/her marriage, but have a relationship similar to de facto marital relationship; the same shall apply hereinafter) (limited to cases where the Individual Customer intends to conclude the contract set forth in Article 10-23, paragraph (1), item (vi), or has concluded the contract set forth in that item (limited to a Basic Contract for a Revolving Credit Loan), or where the Spouse of the Individual Customer has concluded the contract set forth in that item).
(2) Notwithstanding the provisions of the proviso to the preceding paragraph, in cases where the relevant Individual Customer (in cases where related to the documents set forth in item (xi) of that paragraph, the Spouse of the Individual Customer) satisfies all of the following requirements, he/she may use the Documents, etc. prescribed in the main clause of that paragraph:
(i) that the work of place after the change is confirmed; and
(ii) that the Individual Customer has not been paid salary for two months or more from the work of place after the change.
(Preparation, etc. of Records on the Investigation on Repayment Capacity In Cases of Conclusion of a Contract for a Loan)
Article 10-18 (1) Pursuant to the provisions of Article 13, paragraph (4) of the Act, a Money Lender shall prepare a record on the following matters for each Customer, etc.:
(i) the date of contract;
(ii) the date on which the Money Lender received the submission or provision of the Documents, etc. prescribed in paragraph (1) of the preceding Article from the Customer, etc.;
(iii) the result of the investigation on the financial resources of the Customer, etc.;
(iv) the results of the investigation on the situation of borrowings of the Customer, etc. (including the results of the investigation made by using the Credit Information held by a Designated Credit Bureau, pursuant to the provisions of Article 13, paragraph (2) of the Act); and
(v) other documents used for the investigation under Article 13, paragraph (1) of the Act or the copy thereof (in cases where such documents are made in the form of an Electromagnetic Record in lieu of the preparation of the documents, including such Electromagnetic Record; the same shall apply hereinafter).
(2) A Money Lender shall preserve the record prescribed in the preceding paragraph (in cases where the Money Lender has received the submission or provision of the Documents, etc. prescribed in paragraph (1) of the preceding Article pursuant to the provisions of Article 13, paragraph (3) of the Act, such Documents, etc. shall be included) until the day specified in the following items according to the category of Contract for a Loan set forth in the respective items:
(i) a loan contract: the final repayment due date provided in the relevant loan contract (in cases where the claim under said loan contract has extinguished upon performance or on any other grounds, the day on which the claim has extinguished; provided, however, that, in cases where said loan contract is a Basic Contract for a Revolving Credit Loan or a contract or Revolving Credit Loan, the day of cancellation of the Basic Contract for a Revolving Credit Loan, or, among the final repayment due dates provided in all the contracts for Revolving Credit Loans under the Basic Contract for a Revolving Credit Loan, the latest date (in cases where all the claims under these contracts have extinguished upon performance or on any other grounds, the day on which the claims have extinguished), whichever comes later).
(ii) a guarantee contract for a loan contract: the day specified in the preceding item, or the day on which the obligation under the relevant guarantee contract has extinguished, whichever comes earlier.
(Cases Where the Protection of the Interests of the Counterparty to the Basic Contract of a Revolving Credit Loan Shall Not Be Hindered)
Article 10-19 The cases specified by Cabinet Office Ordinance as referred to in Article 13, paragraph (5) of the Act shall be the case where it has become possible for the maximum amount (in cases where the Money Lender has made available to the counterparty to the Basic Contract for a Revolving Credit Loan an amount smaller than the maximum amount as an upper limit on outstanding balance of principal of the Revolving Credit Loan under the Basic Contract for a Revolving Credit Loan, such smaller amount; hereinafter the same shall apply in this Article, paragraph (1), item (i) of the following Article, Article 10-28, paragraph (1), items (i) to (iii) inclusive and paragraph (4), item (i) and Article 10-29, item (i)) which has been temporarily decreased for not being able to contact the counterparty to the Basic Contract for a Revolving Credit Loan (excluding cases where such decrease has been made due to the decline in the repayment capacity of said counterparty), to be increased to the amount before the decrease thereof for becoming able to contact the counterparty.
(Preparation, etc. of Records on the Investigation on the Repayment Capacity in Cases Where the Maximum Amount Under the Basic Contract for a Revolving Credit Loan is Increased)
Article 10-20 (1) Pursuant to the provisions of Article 13, paragraph (4) of the Act as applied mutatis mutandis pursuant to paragraph (5) of that Article, a Money Lender shall prepare a record on the following matters for each obligor:
(i) the date on which the maximum amount was increased;
(ii) the date on which the Money Lender received the submission or provision of the Documents, etc. prescribed in Article 10-17, paragraph (1) from the relevant obligor;
(iii) the results of the investigation on the financial resource of the relevant obligor;
(iv) the results of the investigation on the situation of borrowings of the relevant obligor (including the results of the investigation made by using the Credit Information held by a Designated Credit Bureau, pursuant to the provisions of Article 13, paragraph (2) of the Act as applied mutatis mutandis pursuant to paragraph (5) of that Article); and
(v) other documents used for the investigation under Article 13, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (5) of that Article, or the copy thereof.
(2) A Money Lender shall preserve the record prescribed in the preceding paragraph (in cases where the Money Lender has received the submission or provision of the Documents, etc. prescribed in Article 10-17, paragraph (1) pursuant to the provisions of Article 13, paragraph (3) of the Act as applied mutatis mutandis pursuant to paragraph (5) of that Article, such Documents, etc. shall be included) by the day of cancellation of the Basic Contract for a Revolving Credit Loan, or, among the final repayment due dates provided in all the contracts for Revolving Credit Loans under the Basic Contract for a Revolving Credit Loan, the latest date (in cases where all the claims under these contracts have extinguished upon performance or on any other grounds, the day on which the claims have extinguished), whichever comes later.
(Contracts Excluded from the Category of Excessive Loan Contract for an Individual Customer)
Article 10-21 (1) The contracts specified by Cabinet Office Ordinance as referred to in Article 13-2, paragraph (2) of the Act shall be the following contracts:
(i) loan contracts for funds necessary for building or purchasing real property (including funds necessary for the acquisition of leasehold right) or funds necessary for the improvement of real property;
(ii) loan contracts to be made as a stopgap until the Loan related to the contract set forth in the preceding item shall be made by the Money Lender itself or others;
(iii) among the loan contracts of funds necessary for the purchase of an vehicle, those in which the ownership of the relevant vehicle is acquired by the Money Lender or the relevant vehicle is the subject matter of the collateral upon the transfer thereof;
(iv) loan contracts of funds necessary for the payment of any of the following medical care benefit for the Individual Customer or the relatives of said Individual Customer who share the same livelihood with the Individual Customer;
(a) the high cost medical care benefit as referred to in Article 115, paragraph (1) and Article 147 of the Health Insurance Act (Act No. 70 of 1922);
(b) the high cost medical care benefit as referred to in Article 31-6, paragraph (1) of the Mariners Insurance Act (Act No. 73 of 1939);
(c) the high cost medical care benefit as referred to in Article 60-2, paragraph (1) of the National Public Officers Mutual Aid Association Act (Act No. 128 of 1958) (including the cases where it is applied mutatis mutandis pursuant to Article 25 of the Private School Personnel Mutual Aid Association Act (Act No. 245 of 1953));
(d) the high cost medical care benefit as referred to in Article 57-2, paragraph (1) of the National Health Insurance Act (Act No. 192 of 1958);
(e) the high cost medical care benefit as referred to in Article 62-2, paragraph (1) of the Local Public Officer, etc. Mutual Aid Association Act (Act No. 152 of 1962); and
(f) the high cost medical care benefit as referred to in Article 84, paragraph (1) of the Act on Assurance of Medical Care for Elderly (Act No. 80 of 1982); and
(v) the contracts set forth in Article 1-2-2, items (ii) to (v) inclusive.
(2) In cases where a Money Lender has concluded the contracts set forth in items (i) to (iv) inclusive of the preceding paragraph, such Money Lender shall preserve the documents specified in the following items according to the category of contract set forth in the respective items or the copy thereof until the final repayment due date provided in the relevant contract (in cases where the claim under the contract has extinguished upon performance or on any other grounds, the day on which the claim extinguished):
(i) the contract set forth in item (i) or (ii) of the preceding paragraph: the written sales contract of the real property (including leasehold rights) or the written contract for construction work or any other documents evidencing that the concluded contracts fall under the contracts set forth in item (i) or (ii) of the preceding paragraph respectively;
(ii) the contracts set forth in item (iii) of the preceding paragraph: the following documents:
(a) the written sales contract of the relevant vehicle; and
(b) the vehicle registration card of the relevant vehicle; and
(iii) the contracts set forth in item (iv) of the preceding paragraph: a bill or written estimate of the medical care benefit from a medical institution.
(Amount, etc. of Regular Incomes Similar to Annual Salary)
Article 10-22 (1) The amount specified by Cabinet Office Ordinance as the amount of regular income similar to the annual salary, as referred to in Article 13-2, paragraph (2) of the Act shall be as follows:
(i) the annual amount of pension;
(ii) the annual amount of public officers pensions;
(iii) the annual amount of the lease revenue (excluding cases where conducted as business) for real property to be received regularly;
(2) The amount of the annual salary and the regular income similar thereto as referred to in Article 13-2, paragraph (2) of the Act shall be calculated by any of the following methods:
(i) the method of calculating the amount by using the Documents, etc. prescribed in Article 10-17, paragraph (1) of the Act (excluding those related to the document set forth in items (iii) and (xi) of that paragraph);
(ii) the method of calculating the amount by multiplying the average amount per month of the amount of salary (excluding bonuses) for the latest two months or more which is stated in the Documents, etc. prescribed in Article 10-17, paragraph (1) (limited to those related to the document set forth in item (iii) of that paragraph; hereinafter the same shall apply in this Article), by 12; or
(iii) the method of calculating the amount in a reasonable manner based on the amount of local tax stated in the Documents, etc. prescribed in Article 10-17, paragraph (1).
(3) In cases where the amount of annual salary is calculated by the method set forth in item (ii) of the preceding paragraph, and where the amount of bonus within the past one year is confirmed by the Documents, etc. prescribed in Article 10-17, paragraph (1), such amount of bonus shall be included in the amount of annual salary.
(Contracts Which Will Not Hinder the Protection of the Interests of Individual Customers)
Article 10-23 (1) The contracts specified by Cabinet Office Ordinance as those that would not hinder the protection of the Individual Customer's interest, as referred to in Article 13-2, paragraph (2) of the Act shall be as follows:
(i) loan contracts secured on the securities prescribed in Article 2, paragraph (1) of the Financial Instruments and Exchange Act (including rights deemed to be securities pursuant to paragraph (2) of that Article) which are listed in the following sub-items (including loan contracts of funds necessary for purchasing said securities for collateral, and limited to those of which the amount of Loan is within the scope of market value of the relevant securities at the time of conclusion of the loan contract):
(a) the securities set forth in Article 2, paragraph (1), items (i) to (iii) inclusive, (x) or (xi) of the Financial Instruments and Exchange Act;
(b) the securities set forth in the items of Article 27-2 of the Order for Enforcement of the Financial Instruments and Exchange Act (Cabinet Order No. 321 of 1965);
(ii) loan contracts secured on real property (including leasehold rights and excluding the residence, lands for the purpose of residence or leasehold right of the Individual Customer or persons who provide the collateral, or those indispensable for maintaining the livelihood of said Individual Customer or persons who provide collateral), and which are found not to exceed the repayment capacity of the Individual Customer (limited to the loan contracts of which the amount of Loan is within the scope of Price of the Real Property (meaning appraised and estimated value, posted price, road ratings, Assessed Value of Fixed Assets Tax (meaning the price registered in the land tax ledger or supplemental land tax ledger pursuant to the provisions of Article 381, paragraph (1) or (2) of the Local Tax Act (Act No. 226 of 1950)) or amounts calculated in a reasonable manner based on any other materials; hereinafter the same shall apply in this paragraph and the following paragraph));
(iii) loan contracts of which the performance shall be made by the proceeds of the sale of the Individual Customer's real property (including leasehold rights) planned for sale, which are found not to exceed the repayment capacity of said Individual Customer (limited to loan contracts of which the amount of Loan is within the scope of the Price of the Real Property at the time of conclusion of the relevant loan contract, and excluding those found to impair the living of the Individual Customer after the sales of the real property);
(iv) loan contracts of funds necessary for the Individual Customer that already bears obligations to make performance of such obligations, which satisfy all of the following requirements:
(a) that the monthly burden under the relevant loan contract does not exceed the monthly burden under the relevant obligation;
(b) that the total of the total repayment amount to be paid in the future under the relevant loan contract and the total amount of money other than the principal and interest to be borne by the relevant Individual Customer in relation to the conclusion of the loan contract does not exceed the total repayment amount to be paid in the future under the relevant obligation;
(c) that the relevant Individual Customer is not required to provide physical collateral in addition to the physical collateral provided for the relevant obligation;
(d) that, when requiring the provision of physical collateral for claims under the relevant loan contract, the conditions of said physical collateral shall not be disadvantageous to the person who provides the physical collateral compared to the conditions of the physical collateral which had been provided for the relevant obligation;
(e) that persons other than the guarantor of the guarantee contract for the relevant obligation shall not be made as the guarantor of the guarantee contract for the relevant loan contract;
(f) that, when a guarantee contract is to be concluded for the relevant loan contract, the conditions of said guarantee contract shall not be disadvantageous to the guarantor compared to the conditions of the guarantee contract for the relevant obligation;
(v) loan contracts of funds necessary for the payment of Medical Expenses (meaning the medical expenses as prescribed in Article 73, paragraph (2) of the Income Tax Act (Act No. 33 of 1965); the same shall apply in the following paragraph) found to be in urgent necessity for the Individual Customer or the relative(s) of the Individual Customer who shares the same livelihood with said Individual Customer (excluding contracts set forth in Article 10-21, paragraph (1), item (iv)), which are found not to exceed the repayment capacity of said Individual Customer (limited to cases where the Individual Customer has not actually concluded the relevant loan contract);
(vi) loan contracts to be concluded with an Individual Customer in which the total of the Total Borrowings of an Individual Customer (meaning the Total Borrowings of an Individual Customer defined in Article 13, paragraph (3), item (ii) of the Act; hereinafter the same shall apply in this Article) pertaining to the relevant Individual Customer and the Total Borrowings of an Individual Customer pertaining to the Spouse of the Individual Customer does not exceed the total of the Base Amount for the Individual Customer (meaning the Base Amount for the Individual Customer as prescribed in Article 13-2, paragraph (2) of the Act; hereinafter the same shall apply in this Article and Article 10-28) and the Base Amount for the Spouse of the Individual Customer (meaning the Base Amount for the Individual Customer as prescribed in Article 13-2, paragraph (2) of the Act in cases where that paragraph is applied by deeming the spouse of the Individual Customer as the Individual Customer; hereinafter the same shall apply in this Article and Article 10-28) (limited to cases where the consent of the Spouse of the Individual Customer is obtained for the conclusion of the relevant contract);
(vii) loan contracts made to an Individual Customer engaged in business, which satisfy the following requirements:
(a) that the actual conditions of the relevant business is confirmed by an on-the-spot investigation, confirmation on the relevant Individual Customer's latest final returns or by any other method;
(b) that the loan contract is found to be one which does not exceed the repayment capacity of the relevant Individual Customer in light of the business plan, earnings and expenditure plan, and financial plan of said Individual Customer;
(viii) loan contracts of funds necessary for an Individual Customer that is not currently engaged in business to newly conduct business, which satisfy all of the following requirements:
(a) that the loan contract is found to be the Loan of funds surely to be used for the relevant business from the business plan, earnings and expenditure plan and financial plans;
(b) that the loan contract is found to be one which does not exceed the repayment capacity of the relevant Individual Customer in light of the business plan, earnings and expenditure plan, and financial plan of said Individual Customer.
(2) In cases where a Money Lender has concluded the loan contracts set forth in the items of the preceding paragraph, such Money Lender shall preserve the documents specified in the respective items according to the category of loan contracts set forth in the respective items or the copy thereof until the final repayment due date provided in the relevant loan contract (in cases where the claim under the loan contract has extinguished upon performance or on any other grounds, the day on which the claim extinguished; provided, however, that in cases where the loan contract is a Basic Contract for a Revolving Credit Loan or a contract for a Revolving Credit Loan, the day of cancellation of the Basic Contract for a Revolving Credit Loan, or, among the final repayment due dates provided in all the contracts for Revolving Credit Loans under the Basic Contract for a Revolving Credit Loan, the latest date (in cases where all the claims under these contracts have extinguished upon performance or on any other grounds, the day on which the claims have extinguished), whichever comes later):
(i) the loan contract set forth in item (i) of the preceding paragraph: documents stating the class, issue, volume and value of the securities which is the relevant collateral;
(ii) the loan contract set forth in item (ii) of the preceding paragraph: the following documents:
(a) a document stating the grounds for calculation of the price of the relevant real property;
(b) the certificate of registered matters of the relevant real property; and
(c) a written consent of the relevant Individual Customer or person who provides the collateral for the possibility of the sales of the relevant real property in cases where the security interest is exercised;
(iii) the loan contract set forth in item (iii) of the preceding paragraph: the following documents:
(a) a document stating the grounds for calculation of the price of the relevant real property; and
(b) a written sales contract of the relevant real property or written intermediary contract for the sales thereof;
(iv) the loan contract set forth in item (iv) of the preceding paragraph: the document stating the following matters:
(a) the total repayment amount to be paid in the future under the relevant loan contract;
(b) the outstanding balance of the obligations already borne by the relevant Individual Customer, each repayment amount under the obligation, and the total repayment amount to be paid in the future;
(c) in cases where requiring the provision of physical collateral for the claims under the relevant loan contract, the details of the physical collateral which has been provided for the obligation already borne by the relevant Individual Customer; and
(d) in cases where a guarantee contract is to be concluded for the relevant loan contract, the contents of the guarantee contract for the obligation already borne by the relevant Individual Customer;
(v) the loan contract set forth in item (v) of the preceding paragraph: a bill or written estimate of the medical care benefit from the medical institution;
(vi) the loan contract set forth in item (vi) of the preceding paragraph: the following documents:
(a) the certificate from the mayor of municipality (including the head of the special ward, and in cases of designated cities defined in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), the head of the ward) certifying the family relationship between the relevant Individual Customer and the spouse thereof; or an extract of the family register or a document evidencing that said Individual Customer and the spouse thereof have not yet registered their marriage, but have a relationship similar to de facto marital relationship; and
(b) a written consent of the Spouse of the Individual Customer for the conclusion of the relevant contract;
(vii) the loan contract set forth in item (vii) of the preceding paragraph: the following documents:
(a) the final return set forth in Article 10-17, paragraph (1), item (iv), financial statement for blue return set forth in item (v) of that paragraph, statement of earnings and expenses set forth in item (vi) of that paragraph, notification of tax set forth in item (vii) of that paragraph, or any other documents evidencing the confirmation of the actual condition of the business performed by the relevant Individual Customer;
(b) the business plan, earnings and expenditure plan, and financial plan of the relevant Individual Customer and a document stating the reasons for finding the relevant loan contract to be a Loan that does not exceed the repayment capacity of said Individual Customer;
(viii) the loan contract set forth in item (viii) of the preceding paragraph: the business plan, earnings and expenditure plan, and financial plan of the relevant Individual Customer and a document stating the reasons for finding the relevant loan contract to be a Loan that does not exceeds the repayment capacity of said Individual Customer.
(3) A Money Lender shall not conclude a loan contract (excluding the contracts set forth in the items of Article 10-21, paragraph (1) and a contract for a Revolving Credit Loan) made to the Spouse of the Individual Customer with whom the Money Lender has concluded the contract set forth in paragraph (1), item (vi), in which the total of the Total Borrowings of an Individual Customer pertaining to the Spouse of the Individual Customer and the amount obtained by deducting the Base Amount for the relevant Individual Customer from the Total Borrowings of an Individual Customer pertaining to said Individual Customer exceeds the Base Amount for the Spouse of the Individual Customer (excluding the loan contracts set forth in the items of paragraph (1)).
(Requirements for the Investigation concerning the Basic Contract for a Revolving Credit Loan Exceeding the Base Amount)
Article 10-24 (1) The requirements specified by Cabinet Office Ordinance as referred to in Article 13-3, paragraph (1) of the Act shall be that any of the following requirements are satisfied:
(i) that, in cases where the contract period of the Basic Contract for a Revolving Credit Loan (excluding contracts of money loan set forth in Article 1-2-2, item (iii) or (iv) and the contract on the intermediary for leasing money set forth in item (v) of that Article) is divided in to a period from the day of conclusion of the relevant Basic Contract for a Revolving Credit Loan until a certain date which is within one month after said day of conclusion, and one month periods from the day following said certain date, the total amount of Revolving Credit Loan made under the Basic Contract for a Revolving Credit Loan (including the amount of Revolving Credit Loan under a Basic Contract for a Revolving Credit Loan other than the first-mentioned Basic Contract for a Revolving Credit Loan, which is concluded with the Individual Customer who is the counterparty to the first-mentioned Basic Contract for a Revolving Credit Loan) within such period is 50,000 yen or more, and the total amount of outstanding balance of the Revolving Credit Loan under the relevant Basic Contract for a Revolving Credit Loan (including the outstanding balance of Revolving Credit Loan under a Basic Contract for a Revolving Credit Loan other than the first-mentioned Basic Contract for a Revolving Credit Loan, which is concluded with the Individual Customer who is the counterparty to the first-mentioned Basic Contract for a Revolving Credit Loan) as of the last day of such period is 100,000 yen or more; or
(ii) that the measures set forth in Article 10-28, paragraph (4), item (ii) or Article 10-29, item (ii) are to be cancelled.
(2) In cases where the requirement set forth in item (i) of the preceding paragraph has been satisfied, a Money Lender shall request a Designated Credit Bureau to provide Personal Credit Information by the day on which three weeks have elapsed from the last day of the period set forth in that item.
(Regular Investigation on Basic Contract for a Revolving Credit Loan)
Article 10-25 (1) The period specified by Cabinet Office Ordinance as referred to in Article 13-3, paragraph (2) of the Act shall be within three months.
(2) A Money Lender shall request a Designated Credit Bureau to provide Personal Credit Information by the day on which three weeks have elapsed from the last day of the period prescribed in the preceding paragraph.
(3) The cases specified by Cabinet Office Ordinance as referred to in the proviso to Article 13-3, paragraph (2) of the Act shall be the following cases:
(i) cases where the total outstanding balance of the Revolving Credit Loan under the relevant Basic Contract for a Revolving Credit Loan (including the outstanding balance of the Revolving Credit Loan under a Basic Contract for a Revolving Credit Loan other than the first-mentioned Basic Contract for a Revolving Credit Loan, which is concluded with the Individual Customer who is the counterparty to the first-mentioned Basic Contract for a Revolving Credit Loan) as of the last day of the period set forth in paragraph (1) is less than 100,000 yen;
(ii) cases where the measures set forth in Article 10-28, paragraph (4), item (ii) or Article 10-29, item (ii) have been taken for the relevant Basic Contract for a Revolving Credit Loan as of the last day of the period set forth in paragraph (1); and
(iii) cases where the relevant Basic Contract for a Revolving Credit Loan is the contract for money loan set forth in Article 1-2-2, item (iii) or (iv) or the contract on the intermediary for leasing money set forth in item (v) of that Article.
(Documents Stating the Matters That Disclose the Financial Resources, etc. In Regard to the Regular Investigation, etc. on the Basic Contract for a Revolving Credit Loan)
Article 10-26 (1) Pursuant to the main clause of Article 13-3, paragraph (3) of the Act, in cases where the Money Lender is to receive the submission or provision of the Documents, etc. set forth in Article 10-17, paragraph (1) form an Individual Customer in regard to the investigation under Article 13-3, paragraph (1) or (2) of the Act, such Money Lender shall receive the submission or provision of said Documents, etc. within one month from the day on which he/she came to know that the Total Borrowings of an Individual Customer under a Revolving Credit Loan prescribed in Article 13-3, paragraph (5) of the Act pertaining to the relevant Individual Customer will exceed one million yen.
(2) The documents or Electromagnetic Records as specified by Cabinet Office Ordinance, as referred to in the proviso to Article 13-3, paragraph (3) of the Act shall be the documents set forth in the items of Article 10-17, paragraph (1) (with regard to the documents set forth in items (i) to (viii) inclusive, (x) and (xi) of that paragraph (limited to the part pertaining to items (i) to (viii) inclusive and (x) of that paragraph), limited to those issued within the past three years (in cases where the Money Lender has confirmed what there were no changes to the work of place of the relevant Individual Customer (in cases of documents related to the documents set forth in item (xi) of that paragraph, the work of place of the spouse of the Individual Customer) within one year after the day on which two years have elapsed from the day when the relevant Documents, etc. were issued, the documents issued within the past five years)) or the copy thereof (in cases where an Electromagnetic Record is prepared in lieu of such documents, such Electromagnetic Record shall be included; hereinafter collectively referred to as the "Documents, etc." in this paragraph); provided, however, that, in cases where there were changes to the place of work of the Individual Customer, or to the financial resources of the relevant Individual Customer which are disclosed by such Document, etc. within the relevant period, limited to Documents, etc. disclosing the financial resources after the change.
(3) Notwithstanding the provisions of the proviso to the preceding paragraph, in cases where the relevant Individual Customer (in cases of those related to the documents set forth in Article 10-17, paragraph (1), item (xi), the Spouse of the Individual Customer) satisfy all of the following requirements, the Documents, etc. prescribed in the main clause of that paragraph may be used:
(i) that the work of place after the change is confirmed; and
(ii) that the Individual Customer has not been paid salary for two months or more from the work of place after the change.
(Preparation, etc. of Records of the Investigation on the Repayment Capacity In Regard to the Regular Investigation, etc. on the Basic Contract for a Revolving Credit Loan)
Article 10-27 (1) Pursuant to the provisions of Article 13-3, paragraph (4) of the Act, a Money Lender shall prepare a record on the following matters for each Individual Customer:
(i) the date on which the investigation under Article 13-3, paragraphs (1) and (2) of the Act has been made;
(ii) the date on which the Money Lender received the submission or provision of the Documents, etc. prescribed in Article 10-17, paragraph (1), or paragraph (2) of the preceding Article from the relevant Individual Customer;
(iii) the results of the investigation on the relevant Individual Customer's financial resource;
(iv) the results of the investigation on the situation of borrowings of the relevant Individual Customer (including the results of the investigation made by using the Credit Information held by a Designated Credit Bureau, pursuant to the provisions of Article 13-3, paragraphs (1) and (2) of the Act); and
(v) any other documents used for the investigation under Article 13-3, paragraphs (1) and (2) of the Act or the copy thereof.
(2) A Money Lender shall preserve the record set forth in the preceding paragraph (in cases where the Money Lender has received the submission or provision of the Documents, etc. prescribed in paragraph (1) of the preceding Article pursuant to the provisions of Article 13-3, paragraph (3) of the Act, such Documents, etc. shall be included) for three years after the preparation thereof.
(3) Notwithstanding the provision of the preceding paragraph, when a Money Lender uses the Documents, etc. prescribed in paragraph (1) of the preceding Article over a period of three years after the issuance thereof, pursuant to the provisions of paragraph (2) of that Article, such Money Lender shall preserve such Documents, etc. for five years after the issuance thereof.
(Basic Contract for a Revolving Credit Loan, etc. that will Not Hinder the Protection of the Individual Customer's Interest)
Article 10-28 (1) The Basic Contract for a Revolving Credit Loan specified by Cabinet Office Ordinance as referred to in Article 13-3, paragraph (5) of the Act shall be as follows:
(i) a Basic Contract for a Revolving Credit Loan secured on the securities set forth in Article 2, paragraph (1) of the Financial Instruments and Exchange Act (including rights deemed to be securities pursuant to paragraph (2) of that Article) which are listed in the following sub-items (limited to the Basic Contract for a Revolving Credit Loan of which the maximum amount is within the scope of market value of the relevant securities at the time of conclusion of said Basic Contract for a Revolving Credit Loan):
(a) the securities set forth in Article 2, paragraph (1), items (i) to (iii) inclusive, (x) or (xi) of the Financial Instruments and Exchange Act; or
(b) the securities set forth in the items of Article 27-2 of the Order for Enforcement of the Financial Instruments and Exchange Act;
(ii) a Basic Contract for a Revolving Credit Loan secured on real property (including leasehold rights and excluding the residence, lands for the purpose of residence or leasehold right of the Individual Customer or persons who provide the collateral, or those indispensable for maintaining the livelihood of said Individual Customer or persons who provide collateral), and which are found not to exceed the repayment capacity of the Individual Customer (limited to the loan contracts of which the amount of Loan is within the scope of Price of the Real Property (meaning appraised and estimated value, posted price, road ratings, Assessed Value of Fixed Assets Tax (meaning the price registered in the land tax ledger or supplemental land tax ledger pursuant to the provisions of Article 381, paragraph (1) or (2) of the Local Tax Act) or amounts calculated in a reasonable manner based on any other materials; hereinafter the same shall apply in this paragraph));
(iii) a Basic Contract for a Revolving Credit Loan of which the performance shall be made by the proceeds of the sale of the Individual Customer's real property (including leasehold rights) planned for sale, which are found not to exceed the repayment capacity of said Individual Customer (limited to Basic Contracts of Revolving Credit Loan of which the maximum amount is within the scope of the Price of the Real Property at the time of conclusion of the Basic Contracts of Revolving Credit Loan, and excluding those found to impair the living of the Individual Customer after the sales of the real property);
(iv) a Basic Contract for a Revolving Credit Loan made to an Individual Customer, in which the total of the Total Borrowings of an Individual Customer (meaning the Total Borrowings of an Individual Customer as prescribed in Article 13-3, paragraph (5) of the Act; hereinafter the same shall apply in this Article) pertaining to the relevant Individual Customer and the Total Borrowings of an Individual Customer pertaining to the Spouse of the Individual Customer does not exceed the total of the Base Amount for the Individual Customer and the Base Amount for the Spouse of the Individual Customer (limited to cases where the consent of the Spouse of the Individual Customer is obtained for the conclusion of the relevant contract);
(v) a Basic Contract for a Revolving Credit Loan made to an Individual Customer engaged in business, which satisfies the following requirements:
(a) that the actual conditions of the relevant business is confirmed by an on-the-spot investigation, confirmation on the relevant Individual Customer's latest final returns or by any other method;
(b) that the loan contract is found to be one which does not exceed the repayment capacity of the relevant Individual Customer in light of the business plan, earnings and expenditure plan, and financial plan of said Individual Customer;
(vi) a Basic Contract for a Revolving Credit Loan for the Loan of funds necessary for an Individual Customer that is not currently engaged in business to newly conduct business, which satisfy all of the following requirements:
(a) that the Basic Contract for a Revolving Credit Loan is found to be one for the Loan of funds surely to be used for the relevant business, by confirming the business plan, earnings and expenditure plan and financial plans or by any other methods;
(b) that the Basic Contract for a Revolving Credit Loan is found to be one which does not exceed the repayment capacity of the relevant Individual Customer in light of the business plan, earnings and expenditure plan, and financial plan of said Individual Customer.
(2) In cases where a Money Lender has concluded a Basic Contract for a Revolving Credit Loan with the Spouse of the Individual Customer with whom the Money Lender has concluded the Basic Contract for a Revolving Credit Loan set forth in item (iv) of the preceding paragraph, and when such Money Lender is to conduct the investigation under Article 13-3, paragraph (1) or (2) of the Act for the relevant Basic Contract for a Revolving Credit Loan, such Money Lender shall investigate whether the relevant Basic Contract for a Revolving Credit Loan falls under the category of Basic Contract for a Revolving Credit Loan Exceeding the Total Base Amount for the Spouse of the Individual Customer as well.
(3) The term "Basic Contract for a Revolving Credit Loan Exceeding the Total Base Amount for the Spouse of the Individual Customer" means a Basic Contract for a Revolving Credit Loan concluded with the Spouse of the Individual Customer with whom the Money Lender has concluded the Basic Contract for a Revolving Credit Loan set forth in paragraph (1), item (iv), in which the total of the Total Borrowings of an Individual Customer under a Revolving Credit Loan pertaining to the Spouse of the Individual Customer and the amount obtained by deducting the Base Amount for the Individual Customer from the Total Borrowings of an Individual Customer under a Revolving Credit Loan pertaining to the relevant Individual Customer (in cases where such amount is less than zero, it shall be deemed to be zero) exceeds the Base Amount for the Spouse of the Individual Customer (excluding the Basic Contracts for Revolving Credit Loans set forth in the items of paragraph (1)).
(4) In cases where a Money Lender has concluded a Basic Contract for a Revolving Credit Loan with the Spouse of the Individual Customer with whom the Money Lender has concluded the Basic Contract for a Revolving Credit Loan set forth in paragraph (1), item (iv), and when said Basic Contract for a Revolving Credit Loan is found to fall under the category of Basic Contract for a Revolving Credit Loan Exceeding the Total Base Amount for the Spouse of the Individual Customer prescribed in the preceding paragraph from the investigation pursuant to paragraph (2), such Money Lender shall take the following measures:
(i) the decrease of the maximum amount under the relevant Basic Contract for a Revolving Credit Loan which is necessary to have said Basic Contract for a Revolving Credit Loan not fall under the category of Basic Contract for a Revolving Credit Loan Exceeding the Total Base Amount for the Spouse of the Individual Customer; and
(ii) the suspension of a new Revolving Credit Loan under the relevant Basic Contract for a Revolving Credit Loan.
(Measures Necessary to Restrain Revolving Credit Loans)
Article 10-29 The measures specified by Cabinet Office Ordinance as referred to in Article 13-4 of the Act shall be as follows:
(i) the decrease of the maximum amount under the relevant Basic Contract for a Revolving Credit Loan which is necessary to have said Basic Contract for a Revolving Credit Loan not fall under the category of Basic Contract for a Revolving Credit Loan Exceeding the Total Base Amount for the Spouse of the Individual Customer; and
(ii) the suspension of a new Revolving Credit Loan under the relevant Basic Contract for a Revolving Credit Loan.
(Posting of Conditions of Loans)
Article 11 (1) The methods specified by Cabinet Office Ordinance as referred to in Article 14, item (i) of the Act shall be the methods specified in the following items according to the category of Loans set forth in the respective items:
(i) money loans (excluding those set forth in the following item): formula No. 1 in the Appended Table;
(ii) discount of negotiable instruments and the intermediary therefor: formula No. 1 or formula No. 2 in the Appended Table, whichever (in cases using formula No. 2., it shall be clearly indicated that the amount obtained by the formula is the discount rate).
(2) The rate specified by Cabinet Office Ordinance as those equivalent to the Loan Interest Rate as referred to in Article 14, item (i) of the Act shall be, in cases where the Loan Interest Rate is calculated from the amount of interest obtained by adding a certain interest rate to the market rate of interest, the name of the market rate of interest used as the basis therefor and interest rate to be added thereto.
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 14, item (v) of the Act shall be the matter specified in the following items according to the category of Loans set forth in the respective items:
(i) money loan: the following matters:
(a) in cases where any agreement for liquidated damages (including penalties; the same shall apply hereinafter) are to be provided, the ratio of the relevant liquidated damages to the principal (limited to those indicating the annual rate thereof in percentages, to at least the first decimal place);
(b) in cases where it is necessary to provide a collateral, the matters related to such collateral;
(c) major example of repayment;
(ii) intermediary for leasing money: the method for the calculation of the Intermediary Fees (meaning the money to be received by the person who provides intermediary service for the leasing of money for such intermediary service, irrespective of the name to be given to it; the same shall apply hereinafter) (including the Ratio of the Intermediary Fees (meaning the ratio of the Intermediary Fees to the total amount of lease related to said intermediary (limited to those indicating the amount in percentages, to at least the first decimal place); the same shall apply hereinafter)).
(4) A Money Lender shall, when posting the Loan Interest Rate pursuant to the provisions of Article 14 of the Act, make such posting by the method of indicating the annual rate obtained from the amount of principal calculated by formula No. 1 or formula No. 2 in the Appended Table or by the method designated by the Commissioner of the Financial Services Agency, in percentages, to at least the first decimal place.
(5) The posting under the provisions of Article 14 of the Act shall be made by the posting in a place accessible to the customer for each kind of Loans made at the relevant Business Office, etc.; provided, however, that in cases where the relevant Business Office, etc. is an Automatic Cash Machine, and such Automatic Cash Machine are those that only deliver or collect money under the contract to make Loans in a continuous manner under the pre-determined conditions (hereinafter referred to as the "Package Contract"), such posting shall not be required.
(Advertising, etc. of Conditions of Loans)
Article 12 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 15, paragraph (1), item (iii) of the Act shall be the matters specified in the following items according to the category set forth in the respective items:
(i) money loan (excluding the discount of negotiable instruments and collateral by sale): the following matters:
(a) the method of repayment as well as the repayment period and the number of repayment installments;
(b) the matters set forth in paragraph (3), item (i), sub-items (a) and (b) of the preceding Article;
(ii) intermediary for leasing money: the method of calculation of the Intermediary Fees; and
(iii) when the Website URL or E-mail Address registered in the Money Lenders registry is to be indicated or explained: the telephone number registered in the Money Lenders registry.
(2) The provision of paragraph (4) of the preceding Article shall apply mutatis mutandis to cases where the Money Lender makes the indication or explanation under the provisions of Article 15, paragraph (1) of the Act. In this case, when the kind of the Loan is to be clearly indicated the interest rate other than the Loan Interest Rate may be stated as well.
(3) When a Money Lender advertises the conditions of Loans or indicates or explains the conditions of Loans for soliciting for the conclusion of a Contract for a Loan, such Money Lender shall clearly and accurately indicate the matters set forth in Article 15, paragraph (1) of the Act.
(4) The solicitation specified by Cabinet Office Ordinance as being equivalent to advertising, as referred to in Article 15, paragraph (2) of the Act shall be the solicitation made to many persons with the same contents;
(5) The point of contract, etc. defined by Cabinet Office Ordinance as referred to in Article 15, paragraph (2) of the Act shall be as follows:
(i) telephone number;
(ii) Website URL; and
(iii) E-mail Address.
(6) When a Money Lender advertises the conditions of Loans, such Money Lender shall not make advertisements in violation of the Prefectural Ordinance based on the Act against the Unjustifiable Premiums and Misleading Representations (Act No. 134 of 1962) and Article 3, paragraph (1) of the Outdoor Advertisement Act (Act No. 189 of 1949) or other laws and regulations.
(Delivery of Documents Prior to Concluding a Contract)
Article 12-2 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (1), item (vii) of the Act shall be the matters specified in the following items according to the category of loan contracts set forth in the respective items:
(i) a contract for money loan (excluding the contracts set forth in the following item and item (iii)): the following matters:
(a) the registration number of the Money Lender;
(b) the matters concerning the money other than the principal or interest, to be borne by the obligor;
(c) in cases of registering the information on the repayment capacity for borrowings of the counterparty to the contract to the Organization Handling Credit Information, such fact and the details thereof;
(d) the method of calculation of the interest;
(e) the method of repayment and the place to receive the repayment;
(f) the method of establishment of each repayment due date and repayment amount;
(g) information as to whether repayment before the repayment due date is possible or not under the contract, and if possible, the details thereof;
(h) in cases where there are provisions on the forfeiture of benefit of time, such fact and the details thereof;
(i) the total repayment amount to be paid in the future (in cases where the repayment amount to be paid in the future is not fixed at the time of concluding the loan contract, the total amount based on an assumption that the obligor pays the minimum repayment amount at each repayment due date or any other necessary assumption, and such assumption);
(j) the matters specified in the following according to the category of cases listed respectively:
1. in cases where there is a Designated Dispute Resolution Organization: the trade name or name of the Designated Dispute Resolution Organization with regard to whom the Money Lender takes the measure to conclude a Basic Contract for Implementation of Dispute Resolution Procedures as prescribed in Article 12-2-2, paragraph (1), item (i) of the Act, and that is the counterparty to such Basic Contract for Implementation of Dispute Resolution Procedures; and
2. in cases where there is no Designated Dispute Resolution Organization: the content of the Complaint Processing Measures and Dispute Resolution Measures prescribed in Article 12-2-2, paragraph (1), item (ii) of the Act to be taken by the Money Lender.
(ii) a contract on the discount of negotiable instruments: the following matters:
(a) the matters set forth in sub-item (a), (d), (g), (h), and (j) of the preceding item; and
(b) the discount fees to be received by the Money Lender in relation to the discount, and any other matters related to money;
(iii) a contract on collateral by sale: the following matters:
(a) the matters set forth in item (i), sub-items (a), (b), (d), and (f) to (j) inclusive; and
(b) the matters related to redemption;
(iv) the contract on intermediary for leasing money: the matters set forth in item (i), sub-item (a), (f) to (h) inclusive, and (j), as well as the method of calculation of Intermediary Fees and the amount thereof.
(2) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (2), item (vi) of the Act shall be the matters specified in the following items according to the category of loan contracts set forth in the respective items:
(i) a contract of money loan (excluding the contracts set forth in the following item and item (iii)): the following matters:
(a) the registration number of the Money Lender;
(b) the matters concerning the money other than the principal or interest, to be borne by the obligor;
(c) in cases of registering the information on the repayment capacity for borrowings of the counterparty to the contract to the Organization Handling Credit Information, such fact and the details thereof;
(d) the method of calculation of the interest;
(e) the method of repayment and the place to receive the repayment;
(f) the method of establishment of each repayment due date and repayment amount;
(g) information as to whether repayment before the repayment due date is possible or not under the contract, and if possible, the details thereof;
(h) in cases where there are provisions on the forfeiture of benefit of time, such fact and the details thereof;
(i) the total repayment amount to be paid in the future based on the assumption that the Money Lender loans the maximum amount specified in the Basic Contract for a Revolving Credit Loan (in cases where the Money Lender makes available to the counterparty to the Basic Contract for a Revolving Credit Loan an amount smaller than the maximum amount as an upper limit on outstanding balance of principal of the Revolving Credit Loan under the Basic Contract for a Revolving Credit Loan, such smaller amount) for at least once or any other assumption, the repayment period and number of repayment installments as well as said assumption;
(j) the matters specified in the following according to the category of cases listed respectively:
1. in cases where there is a Designated Dispute Resolution Organization: the trade name or name of the Designated Dispute Resolution Organization with regard to whom the Money Lender takes the measure to conclude a Basic Contract for Implementation of Dispute Resolution Procedures as prescribed in Article 12-2-2, paragraph (1), item (i) of the Act, and that is the counterparty to such Basic Contract for Implementation of Dispute Resolution Procedures; and
2. in cases where there is no Designated Dispute Resolution Organization: the content of the Complaint Processing Measures and Dispute Resolution Measures prescribed in Article 12-2-2, paragraph (1), item (ii) of the Act to be taken by the Money Lender.
(ii) a contract on the discount of negotiable instruments: the following matters:
(a) the matters set forth in sub-item (a), (d), (g), (h), and (j) of the preceding item; and
(b) the discount fees to be received by the Money Lender in relation to the discount, and any other matters related to money;
(iii) a contract on collateral by sale: the following matters:
(a) the matters set forth in item (i), sub-items (a), (b), (d), and (f) to (j) inclusive; and
(b) the matters related to redemption;
(iv) the contract on intermediary for leasing money: the matters set forth in item (i), sub-items (a), (f) to (h) inclusive, and (j), as well as the method of calculation of Intermediary Fees and the amount thereof.
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (iv) of the Act shall be the matters specified in the following items according to the category of loan contracts to be covered by a guarantee set forth in the respective items:
(i) a contract of money loan (excluding the contracts set forth in the following item and item (iii)): the following matters:
(a) kind and effect of the guarantee contract (including the explanation of the maximum amount);
(b) the total outstanding balance of the obligation under the loan contract;
(c) the maximum amount of the guarantee obligation (in cases of concluding a guarantee contract for the loan contract by specifying the maximum amount of the principal of the loan contract, including the statement to that effect; the same shall apply hereinafter) and the scope of obligations to be borne by the guarantor;
(d) the date of loan contract;
(e) the amount of Loan under the loan contract;
(f) the Loan Interest Rate under the loan contract;
(g) the method of repayment of obligations under the loan contract;
(h) the repayment period and number of repayment installments under the loan contract (in cases of a Contract for a Revolving Guarantee, the statements thereof may be omitted);
(i) in cases where any agreement for liquidated damages is provided, the details thereof;
(j) the matters concerning the money other than the principal or interest, to be borne by the principal obligor;
(k) the method of calculation of the interest under the loan contract;
(l) each repayment due date and repayment amount of the obligation under the loan contract (in cases of a Contract for a Revolving Guarantee, the method of establishment of each repayment due date and repayment amount of the obligation under the loan contract);
(m) information as to whether repayment of the obligations under the loan contract before the repayment due date is possible or not under the loan contract, and if possible, the details thereof;
(n) in cases where there are provisions on the forfeiture of benefit of time under the loan contract, such fact and the details thereof (including the statement to the effect that such provision is effective only within the scope not exceeding the interest rate provided in Article 1, paragraph (1) of the Interest Rate Restriction Act (Act No. 100 of 1954) prior to the revision (hereinafter referred to as the "Former Interest Rate Restriction Act") under Article 5 of the Act on Partial Revision of the Act on Controls, etc. on Money Lending (Act No. 115 of 2006; hereinafter referred to as the "Revising Act"));
(o) the outstanding balance of the obligations under the loan contract and the Breakdown (meaning the information on composition of the outstanding balance, such as the principal, interest and damages for the default under the relevant loan contract) thereof;
(p) in cases where the guarantee period set forth in Article 16-2, paragraph (3), item (ii) of the Act is not provided, such fact;
(ii) a contract on the discount of negotiable instruments: the following matters:
(a) the matters set forth in sub-items (a) and (b) of the preceding item;
(b) the matters set forth in sub-item (c) of the preceding item;
(c) the matters set forth in sub-item (d) to (i) inclusive, (k), and (m) to (p) inclusive of the preceding item;
(d) the negotiable instrument number of the discounted negotiable instrument, and the amount and maturity of said negotiable instrument;
(e) the discount fees to be received by the Money Lender in relation to the discount, and any other matters related to money;
(iii) a contract on collateral by sale: the following matters:
(a) the matters set forth in item (i), sub-items (a) and (b);
(b) the matters set forth in item (i), sub-item (c);
(c) the matters set forth in item (i), sub-items (d) to (p) inclusive;
(d) the matters related to redemption;
(e) the details of the subject matter of the collateral by sale;
(iv) the contract on intermediary for leasing money: the following matters:
(a) the matters set forth in item (i), sub-items (a) and (b);
(b) the matters set forth in item (i), sub-item (c);
(c) the matters set forth in item (i), sub-items (d) to (i) inclusive, and (l) to (p) inclusive;
(d) the method of calculation of the Intermediary Fees, and the amount thereof.
(4) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (v) of the Act shall be the gist of the provisions of Article 454 of the Civil Code (Act No. 89 of 1896).
(5) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (vi) of the Act shall be the following matters:
(i) the method of performance of obligations under the guarantee contract;
(ii) in cases where any agreement for liquidated damages is provided, the details thereof;
(iii) the registration number of the Money Lender;
(iv) the trade name, name and address of the principal obligor and guarantor;
(v) the contents of the documents to be received by the Money Lender in relation to the Contract for a Loan;
(vi) the matters concerning the money other than the guarantee obligation to be borne by the guarantor;
(vii) the method of performance of obligations under the guarantee contract and the place to receive the performance thereof;
(viii) in cases where there are provisions on the forfeiture of benefit of time, such fact and the details thereof (including the statement to the effect that such provision is effective only within the scope not exceeding the interest rate provided in Article 1, paragraph (1) of Former Interest Rate Restriction Act);
(ix) in cases where requiring the provision of physical collateral for the claim under the Contract for a Loan, the details of the collateral;
(x) in cases where part of the claim under the loan contract has extinguished upon performance or on any other grounds, such grounds, the amount and the date of the extinguishment of the claim;
(xi) in cases where the guarantor may cancel the guarantee contract under the relevant guarantee contract, the grounds for cancellation, and if not, such fact;
(xii) in cases where the Loan Interest Rate under the loan contract (excluding a contract on discount of negotiable instrument and a contract on collateral by sale) exceeds the interest rate provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, a statement to the effect that the obligor does not have the obligation to pay the amount corresponding to the part exceeding said interest rate;
(xiii) in cases of a Daily Installment Money Lender (meaning the Daily Installment Money Lender as prescribed in Article 14, item (v) of the Money Lending Business Act prior to the revision under Article 4 of the Revising Act (hereinafter referred to as the "No. 3 New Money Lending Business Act"); the same shall apply hereinafter), the matters set forth in that item.
(xiv) the matters specified in the following sub-item (a) or (b) according to the category of cases listed the respective sub-item:
(a) in cases where there is a Designated Dispute Resolution Organization: the trade name or name of the Designated Dispute Resolution Organization with regard to whom the Money Lender takes the measure to conclude a Basic Contract for Implementation of Dispute Resolution Procedures as prescribed in Article 12-2-2, paragraph (1), item (i) of the Act, and that is the counterparty to such Basic Contract for Implementation of Dispute Resolution Procedures; and
(b) in cases where there is no Designated Dispute Resolution Organization: the content of the Complaint Processing Measures and Dispute Resolution Measures prescribed in Article 12-2-2, paragraph (1), item (ii) of the Act to be taken by the Money Lender.
(6) Pursuant to the provisions of Article 16-2, paragraph (3) of the Act, in cases where delivering the documents explaining the contents of the guarantee contract to the person who intends to become a guarantor, two kinds of documents containing the matters set forth in the following items according to the category of documents set forth in the respective items shall be delivered at the same time:
(i) the document containing the outline of the relevant guarantee contract: the matters set forth in Article 16-2, paragraph (3), items (i) to (iii) inclusive of the Act, and the matters set forth in paragraph (3), item (i), sub-items (a) to (c) inclusive, item (ii), sub-items (a) and (b), item (iii), sub-items (a) and (b), item (iv), sub-items (a) and (b), as well as those set forth in items (iii), (iv) and (xiii) of the preceding paragraph;
(ii) the document containing the details of the relevant guarantee contract (in cases where there are two or more loan contract to be covered by guarantee, statements shall be made for each contract): the matters set forth in Article 16-2, paragraph (3), items (i) to (iii) inclusive, and (v) of the Act, as well as the matters set forth in paragraph (3), item (i) (excluding sub-items (a) and (b)), item (ii) (excluding sub-item (a)), item (iii) (excluding sub-item (a)), and item (iv) (excluding sub-item (a)), and the items (excluding item (xiii)) of the preceding paragraph.
(7) The provision of Article 11, paragraph (4) shall apply mutatis mutandis to the cases where the Money Lender prepares the documents to be delivered pursuant to the provisions Article 16-2, paragraphs (1) to (3) inclusive of the Act.
(8) The matters to be disclosed pursuant to Article 16-2, paragraphs (1) to (3) inclusive of the Act shall be stated clearly and accurately by using characters, letters and numbers larger than 8-point as provided in Japanese Industrial Standard Z8305 in the documents prescribed in that paragraphs.
(Delivery of Documents Prior to Obtaining Consent on Life Insurance Contract, etc.)
Article 12-3 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-3, paragraph (1), item (ii) of the Act shall be the following matters:
(i) in cases where the insurance claim to be paid to the Money Lender shall be applied to the performance of obligations of the counterparty to the Contract for a Loan, such fact;
(ii) the grounds for payment of insurance claim, other than the death;
(iii) the grounds on which the insurance claim shall not be paid;
(iv) the matters concerning the insurance claim to be paid to the Money Lender; and
(v) the matters related to the period during which the guarantee continues.
(2) The matters set forth in the items of Article 16-3, paragraph (1) of the Act shall be stated clearly and accurately by using characters, letters, and numbers larger than 8-point as provided in Japanese Industrial Standard Z8305 in the documents prescribed in that paragraph.
(Delivery of Documents Upon Concluding a Contract)
Article 13 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (1), item (viii) of the Act shall be the matter specified in the following matters according to the category of loan contract set forth in the respective items:
(i) a contract of money loan (excluding the contracts set forth in the following item and item (iii)): the following matters:
(a) the registration number of the Money Lender (in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest rate agreed therein does not exceed the restrictions on amount of interest as provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, statements may be omitted);
(b) the trade name, name and address of the counterparty to the contract (in cases of a contract for a Revolving Credit Loan, such information may be substituted by the contract number of the relevant contract and other information);
(c) the contents of the documents to be received by the Money Lender in relation to the Loan (in cases of a contract for a Revolving Credit Loan, limited to the documents to be received by the Money Lender in relation to said Revolving Credit Loan and excluding the documents to be received by the Money Lender in relation to the Basic Contract for a Revolving Credit Loan);
(d) the matters concerning the money other than the principal or interest, to be borne by the obligor;
(e) in cases of registering the information on the repayment capacity for borrowings of the counterparty to the contract, to the Organization Handling Credit Information, such fact and the details thereof (in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest rate agreed therein does not exceed the restrictions on amount of interest as provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, statements of such information may be omitted);
(f) the method of calculation of the interest (in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest rate agreed therein does not exceed the restrictions on amount of interest as provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, and where such method is stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act or such method is more favorable to the counterparty to the contract than the one stated therein, the statements of said method may be omitted);
(g) the method of repayment and the place to receive the repayment (in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein does not exceed the restrictions on amount of interest as provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, and where such method and place is stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act, the statements of said method and place may be omitted);
(h) each repayment due date and repayment amount (in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein does not exceed the restrictions on the amount of interest provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, the next repayment due date and repayment amount may be stated in lieu thereof) (in cases where an obligation under the contract for a Revolving Credit Loan other than the relevant contract but based on the same Basic Contract for a Revolving Credit Loan and having the same conditions of repayment as the relevant contract remains, in lieu of the statement of each repayment due date and repayment amount under the concluded contract for a Revolving Credit Loan, each repayment due date and repayment amount in the future for the obligations including the remaining obligations may be stated; and in lieu of the statement of the next repayment date and repayment amount under the relevant contract, the next repayment date and repayment amount for the obligations including the remaining obligations may be stated);
(i) information as to whether repayment before the repayment due date is possible or not under the contract, and if possible, the details thereof (in cases where concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein does not exceed the restriction on the amount of interest as provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, and where such information is stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act, or such information is more favorable to the counterparty to the contract than the one stated therein, the statement of such information may be omitted);
(j) in cases where there are provisions on the forfeiture of benefit of time, such fact and the details thereof (including the statement to the effect that such provision is effective only within the scope not exceeding the interest rate provided in Article 1, paragraph (1) of Former Interest Rate Restriction Act) (in cases where concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein does not exceed the restriction on the amount of interest as provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, and where such information is stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act, or such information is more favorable to the counterparty to the contract than the one stated therein, the statement of such information may be omitted);
(k) in cases where requiring the provision of physical collateral for the claim under the loan contract, the details of the collateral (in cases where concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein does not exceed the restriction on the amount of interest as provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, the statement of the physical collateral stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act may be omitted, and in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein exceeds the restriction on the amount of interest as provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, with regard to the physical collateral stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act, the fact of provision of physical collateral may be stated in lieu of such statement);
(l) in cases of concluding a guarantee contract for the relevant contract, the trade name, name and address of the guarantor (in cases where concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein does not exceed the restriction on the amount of interest as provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, the statement of the guarantor stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act may be omitted, and in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein exceeds the restriction on the amount of interest as provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, with regard to the guarantor stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act, the fact that a guarantor is furnished may be stated in lieu of such statement);
(m) in cases where the relevant contract is a contract for Finance Secured by Telephone Subscription Right as provided in paragraph (14) of the Supplementary Provisions of the Act on Partial Revision of the Act Regulating the Receipt of Contributions, Receipt of Deposits and Interest Rates (Act No. 33 of 1983) prior to the revision under Article 8 of the Revising Act (hereinafter simply referred to as the "Finance Secured by Telephone Subscription Right"), such fact and the Receipt Number (meaning the receipt number as referred to in Article 13 of the Ordinance for Enforcement of the Act on Temporary Special Provision concerning Pledges Created on Telephone Subscription Right (Ordinance of the Ministry of Posts and Telecommunications No. 18 of 1958); the same shall apply in paragraph (3)) for the registration of the pledge created in regard to said Finance Secured by Telephone Subscription Right (in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein does not exceed the restrictions on amount of interest as provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, the statements of such information may be omitted);
(n) in cases where the relevant contract is a loan contract which has the outstanding balance of the obligation under the previous Contract for a Loan as the Loan amount thereof, the Breakdown (meaning the information on composition of the outstanding balance, such as the principal, interest and damages for the default under the relevant Contract for a Loan) of the outstanding balance of the obligation under the previous Contract for a Loan, and the matters which enables to specify the relevant Contract for a Loan (in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein does not exceed the restriction on the amount of interest provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, and where such contract is a loan contact which has, as the Loan amount, the outstanding balance of the obligation under the previous contract for a Revolving Credit Loan based on the same Basic Contract for a Revolving Credit Loan as the relevant contract, the statement of such information may be omitted, and in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein exceeds the restriction on the amount of interest provided in Article 1, paragraph (1) of the Interest Rate Restriction Act, and where such contract loan contact which has, as the Loan amount, the outstanding balance of the obligation under the previous contract for a Revolving Credit Loan based on the same Basic Contract for a Revolving Credit Loan as the relevant contract, such fact and characters or letters indicating such fact may be stated in lieu of the statement of such information);
(o) a statement to the effect that in cases where the Loan Interest Rate under the loan contract exceeds the interest rate provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, the obligor does not have the obligation to pay the amount corresponding to the part exceeding the interest rate;
(p) the total repayment amount to be paid in the future (in cases where the obligation under the contract for a Revolving Credit Loan other than the relevant contract for a Revolving Credit Loan but based on the same Basic Contract for a Revolving Credit Loan and having the conditions of repayment as the relevant contract remains, in lieu of the statement of the total repayment amount to be paid in the future under the concluded contract for a Revolving Credit Loan, the total repayment to be paid in the future under the obligation including the remaining obligation may be stated) (in cases where the repayment amount to be paid in the future is not fixed at the time of concluding the loan contract, the total amount based on an assumption that the obligor pays the minimum repayment amount at each repayment due date or any other necessary assumption, as well as such assumption);
(q) in cases of a Daily Installment Money Lender, the matters set forth in Article 14, item (v) of the No. 3 New Money Lending Business Act;
(r) the matters specified in the following according to the category of cases listed respectively:
1. in cases where there is a Designated Dispute Resolution Organization: the trade name or name of the Designated Dispute Resolution Organization with regard to whom the Money Lender takes the measure to conclude a Basic Contract for Implementation of Dispute Resolution Procedures as prescribed in Article 12-2-2, paragraph (1), item (i) of the Act, and that is the counterparty to such Basic Contract for Implementation of Dispute Resolution Procedures; and
2. in cases where there is no Designated Dispute Resolution Organization: the content of the Complaint Processing Measures and Dispute Resolution Measures prescribed in Article 12-2-2, paragraph (1), item (ii) of the Act to be taken by the Money Lender.
(ii) a contract on the discount of negotiable instruments: the following matters:
(a) the matters set forth in sub-items (a) to (c) inclusive, (f), (i) to (l) inclusive, (q) and (r) of the preceding item; and
(b) the negotiable instrument number of the discounted negotiable instrument, and the amount and maturity of said negotiable instrument;
(c) the discount fees to be received by the Money Lender in relation to the discount, and any other matters related to money;
(iii) a contract on collateral by sale: the following matters:
(a) the matters set forth in item (i), sub-items (a) to (d) inclusive, (f), (h) to (l) inclusive, and (p) to (r) inclusive; and
(b) the matters related to redemption (in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein does not exceed the restriction on the amount of interest provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, and where such information is stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act, or is more favorable to the counterparty to the contract than the one stated therein, the statement of such information may be omitted);
(c) the details of the subject matter of the collateral by sale (in cases of a contract for a Revolving Credit Loan, the statement of the subject matter of the collateral by sale stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act may be omitted);
(iv) the contract on intermediary for leasing money: the matters set forth in item (i), sub-items (a) to (c) inclusive, (h) to (l) inclusive, (o), (q) and (r), as well as the method of calculation of Intermediary Fees (in cases of concluding a contract for a Revolving Credit Loan of which the amount of interest agreed therein does not exceed the restriction on the amount of interest provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, and where such information is stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act, or is more favorable to the counterparty to the contract than the one stated therein, the statement of the method of calculation of the Intermediary Fees may be omitted).
(2) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (1) of the Act shall be the matters specified in the following items according to the category of loan contracts set forth in the respective items (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of paragraph (2) of that Article, such matters shall be excluded):
(i) a contract of money loan (excluding the contracts set forth in the following item and item (iii)): the following matters:
(a) the matters set forth in Article 17, paragraph (1), item (iv) or (vii) of the Act, or the matters set forth in item (i), sub-item (d), (f), (i), or (j) of the preceding paragraph (in cases where the Loan Interest Rate is reduced in relation to these matters or other cases where making changes that are advantageous to the counterparty to the contract, such matters shall be excluded);
(b) the matters set forth in Article 17, paragraph (1), item (v) of the Act, or the matters set forth in the preceding paragraph, item (i), sub-item (g), (h) (in cases of sub-item (h), excluding the cases of a contract for a Revolving Credit Loan), (k), or (l) (in cases of sub-item (l), limited to cases of newly concluding a guarantee contract);
(ii) a contract on the discount of negotiable instruments: the following matters:
(a) the matters set forth in the preceding item (excluding the matters set forth in item (i), sub-items (d), (g), and (h) of the preceding paragraph); and
(b) the discount fees to be received by the Money Lender in relation to the discount, and any other matters related to money (in cases of making changes that are advantageous to the counterparty to the contract, such matters shall be excluded);
(iii) a contract on collateral by sale: the following matters:
(a) the matters set forth in item (i) (excluding the matters set forth in item (i), sub-item (g) of the preceding paragraph); and
(b) the matters related to redemption (in cases of making changes that are advantageous to the counterparty to the contract, such matters shall be excluded);
(c) the details of the subject matter of the collateral by sale;
(iv) the contract on intermediary for leasing money: the following matters:
(a) the matters specified in item (i) (excluding the matters set forth in item (i), sub-items (d), (f), and (g) of the preceding paragraph); and
(b) the method of calculation of Intermediary Fees (in cases of making changes that are advantageous to the counterparty to the contract, excluding the method of calculation of Intermediary Fees).
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (2), item (vii) of the Act shall be the matters specified in the following items according to the category of loan contracts set forth in the respective items:
(i) a contract of money loan (excluding the contracts set forth in the following item and item (iii)): the following matters:
(a) the registration number of the Money Lender;
(b) the trade name, name and address of the counterparty to the contract;
(c) the contents of the documents to be received by the Money Lender in relation to the Basic Contract for a Revolving Credit Loan;
(d) the matters concerning the money other than the principal or interest, to be borne by the obligor;
(e) in cases of registering the information on the repayment capacity for borrowings of the counterparty to the contract to the Organization Handling Credit Information, such fact and the details thereof;
(f) the method of calculation of the interest;
(g) the method of repayment and the place to receive the repayment;
(h) the method of establishment of each repayment due date and repayment amount;
(i) information as to whether repayment before the repayment due date is possible or not under the contract, and if possible, the details thereof;
(j) in cases where there are provisions on the forfeiture of benefit of time, such fact and the details thereof (including the statement to the effect that such provision is effective only within the scope not exceeding the interest rate provided in Article 1, paragraph (1) of Former Interest Rate Restriction Act);
(k) in cases where requiring the provision of physical collateral for the claim under the relevant contract, the details of the collateral;
(l) in cases where a guarantee contact is to be concluded for the relevant contract, the trade name, name and address of the guarantor;
(m) in cases where the relevant contract is a contract for Finance Secured by Telephone Subscription Right, such fact and the Receipt Number of registration of the pledge created in regard to said Finance Secured by Telephone Subscription Right;
(n) in cases where the Loan Interest Rate under the loan contract exceeds the interest rate provided in Article 1, paragraph (1) of the Former Interest Rate Restriction Act, a statement to the effect that the obligor does not have the obligation to pay the amount corresponding to the part exceeding said interest rate;
(o) the total repayment amount to be paid in the future based on the assumption by the Money Lender such as the loaning of the maximum amount specified in the Basic Contract for a Revolving Credit Loan (in cases where the Money Lender makes available to the counterparty to the Basic Contract for a Revolving Credit Loan an amount smaller than the maximum amount as an upper limit on the outstanding balance of principal of the Revolving Credit Loan under the Basic Contract for a Revolving Credit Loan, such smaller amount) for once or any other assumption, the repayment period and number of repayment installments as well as said assumption;
(p) in cases where the repayment period, number of repayment installments, repayment due date or repayment amount stated in the documents to be delivered pursuant to Article 17, paragraph (1) of the Act (in cases of delivering such documents to the guarantor pursuant to paragraph (5) of that Article, the documents to be delivered pursuant to paragraph (4) of that Article), or the documents specified by Cabinet Office Ordinance as referred to in paragraph (6) of that Article, may change due to the Loan to be made after the Loan stated in the relevant documents or any other grounds, such fact;
(q) in cases of a Daily Installment Money Lender, the matters set forth in Article 14, item (v) of the No. 3 New Money Lending Business Act;
(r) the matters specified in the following according to the category of cases listed respectively:
1. in cases where there is a Designated Dispute Resolution Organization: the trade name or name of the Designated Dispute Resolution Organization with regard to whom the Money Lender takes the measure to conclude a Basic Contract for Implementation of Dispute Resolution Procedures as prescribed in Article 12-2-2, paragraph (1), item (i) of the Act, and that is the counterparty to such Basic Contract for Implementation of Dispute Resolution Procedures; and
2. in cases where there is no Designated Dispute Resolution Organization: the content of the Complaint Processing Measures and Dispute Resolution Measures prescribed in Article 12-2-2, paragraph (1), item (ii) of the Act to be taken by the Money Lender.
(ii) a contract on the discount of negotiable instruments: the following matters:
(a) the matters set forth in sub-items (a) to (c) inclusive, (f), (i) to (l) inclusive, (q), and (r) of the preceding item; and
(b) the discount fees to be received by the Money Lender in relation to the discount, and any other matters related to money;
(c) in cases where the repayment period or number of repayment installments stated in the documents to be delivered pursuant to Article 17, paragraph (1) of the Act (in cases of delivering such documents to the guarantor pursuant to paragraph (5) of that Article, the documents to be delivered pursuant to paragraph (4) of that Article), or the documents specified by Cabinet Office Ordinance as referred to in paragraph (6) of that Article, may change due to the Loan to be made after the Loan stated in the relevant documents or any other grounds, such fact;
(iii) a contract on collateral by sale: the following matters:
(a) the matters set forth in item (i), sub-items (a) to (d) inclusive, (f), (h) to (m) inclusive, and (o) to (r) inclusive; and
(b) the matters related to redemption;
(iv) the contract on intermediary for leasing money: the matters set forth in item (i), sub-items (a) to (c) inclusive, (h) to (l) inclusive, (n), and (p) to (r) inclusive, as well as the method of calculation of Intermediary Fees and the amount thereof.
(4) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (2) of the Act shall be the matters specified in the following items according to the category of loan contracts set forth in the respective items:
(i) a contract of money loan (excluding the contracts set forth in the following item and item (iii)): the following matters:
(a) the matters set forth in Article 17, paragraph (2), item (iv) or (vi) of the Act, or the matters set forth in item (i), sub-item (d), (f), (i), or (j) of the preceding paragraph (in cases where reducing the Loan Interest Rate in relation to these matters, or cases where making changes that are advantageous to the counterparty to the contract, such matters shall be excluded);
(b) the matters set forth in Article 17, paragraph (2), item (iii) or (v) of the Act, or the matters set forth in the preceding paragraph, item (i), sub-item (g), (h), (k), or (l) (in cases of sub-item (l), limited to cases where newly concluding a guarantee contract);
(ii) a contract on the discount of negotiable instruments: the following matters:
(a) the matters set forth in the preceding item (excluding the matters set forth in item (i), sub-item (d), (g), and (h) of the preceding paragraph); and
(b) the discount fees to be received by the Money Lender in relation to the discount, and any other matters related to money (in cases of making changes that are advantageous to the counterparty to the contract, such matter shall be excluded);
(iii) a contract on collateral by sale: the following matters:
(a) the matters set forth in item (i) (excluding the matters set forth in item (i), sub-item (g) of the preceding paragraph); and
(b) the matters related to redemption (in cases of making changes that are advantageous to the counterparty to the contract, such matter shall be excluded);
(iv) the contract on intermediary for leasing money: the following matters:
(a) the matters specified in item (i) (excluding the matters set forth in item (i), sub-item (d), (f), and (g) of the preceding paragraph);
(b) the method of calculation of Intermediary Fees (in cases of making changes that are advantageous to the counterparty to the contract, such matter shall be excluded);
(5) The cases specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (2) of the Act shall be any of the following cases:
(i) when the maximum amount is decreased (in cases where the Money Lender makes available to the counterparty to the Basic Contract for a Revolving Credit Loan an amount smaller than the maximum amount as an upper limit on outstanding balance of principal of the Revolving Credit Loan under the Basic Contract for a Revolving Credit Loan, such smaller amount); or
(ii) when the maximum amount (in cases where the Money Lender makes available to the counterparty to the Basic Contract for a Revolving Credit Loan an amount smaller than the maximum amount as an upper limit on outstanding balance of principal of the Revolving Credit Loan under the Basic Contract for a Revolving Credit Loan, such smaller amount) is increased to an amount not exceeding the original amount after the decrease.
(6) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (3) of the Act shall be as follows:
(i) the matters set forth in the items of Article 16-2, paragraph (3) of the Act; and
(ii) the date of guarantee contract.
(7) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (3) of the Act shall be the matters specified in the following items according to the category of loan contracts to be covered by guarantee that are set forth in the respective items:
(i) a contract of money loan (excluding the contracts set forth in the following item and item (iii)): the following matters:
(a) the matters set forth in Article 16-2, paragraph (3), item (ii), (iii) or (v) of the Act, or the matters set forth in Article 12-2, paragraph (3), item (i), sub-item (c) or (p), or paragraph (5), item (ii), (vi), (viii), or (xi) (in cases of making changes that are advantageous to the counterparty to the contract with regard to these matters, such matters shall be excluded);
(b) the matters set forth in Article 12-2, paragraph (5), item (i), (vii), or (ix) (in cases of item (ix), limited to cases where requiring the provision of physical collateral for the claim under the guarantee contract);
(ii) a contract on the discount of negotiable instruments: the matters specified in the preceding item:
(iii) a contract on collateral by sale: the matters specified in item (i): and
(iv) the contract on intermediary for leasing money: the matters set forth in item (i).
(8) In cases where a Money Lender, pursuant to the first sentence of Article 17, paragraph (4) of the Act, delivers to the guarantor a document disclosing the contents of the relevant loan contract in regard to the matters set forth in the items of Article 17, paragraph (1) of the Act, and where there are two or more loan contracts to be covered by guarantee, such Money Lender shall state the matters set forth in the respective items for each loan contract.
(9) In cases where a Money Lender, pursuant to the first sentence of Article 17, paragraph (4) of the Act, delivers to the guarantor a document disclosing the contents of the relevant loan contract in regard to the matters set forth in the items of Article 17, paragraph (1) of the Act, such Money Lender shall deliver such documents each time he/she concludes a loan contract to be covered by guarantee, without delay.
(10) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (4) of the Act shall be the matters specified in paragraph (2) (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of paragraph (5) of that Article, such matters shall be excluded).
(11) In cases where a Money Lender, pursuant to the first sentence of Article 17, paragraph (5) of the Act, delivers to the guarantor a document disclosing the contents of the relevant Basic Contract for a Revolving Credit Loan in regard to the matters set forth in the items of Article 17, paragraph (2) of the Act, and where there are two or more Basic Contracts of Revolving Credit Loans to be covered by guarantee, such Money Lender shall state the matters set forth in that items for each Basic Contract for a Revolving Credit Loan.
(12) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (5) of the Act shall be the matters specified in paragraph (4).
(13) The cases specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (5) of the Act shall be the cases specified in paragraph (5).
(14) The provision of Article 11, paragraph (4) shall apply mutatis mutandis to the cases where the Money Lender prepares the documents to be delivered pursuant to Article 17, paragraphs (1) to (5) inclusive of the Act.
(15) The matters provided in Article 17, paragraphs (1) to (5) inclusive of the Act shall be stated clearly and accurately by using characters, letters and numbers larger than 8-point as provided in Japanese Industrial Standard Z8305 in the documents prescribed in that paragraphs.
(16) The documents specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (6) of the Act shall be the documents in which the matters specified in the following items are stated clearly and accurately by using characters, letters and numbers larger than 8-point as provided in Japanese Industrial Standard Z8305, with regard to the Loan, performance and any other situation of transaction made within a certain period specified by the Money Lender which shall be within one month according to the category of loan contracts set forth in the following items (excluding, in cases where a loan contract is not concluded within a certain period, the matters set forth in item (i), sub-items (c) to (i) inclusive and (k) to (u) inclusive, the matters set forth in item (ii), sub-item (a) (limited to the matters set forth in item (i), sub-items (c) to (i) inclusive, (k), (m) and (p) to (s) inclusive), the matters set forth in item (ii), sub-items (b) and (c), the matters set forth in item (iii), sub-item (a) (limited to the matters set forth in item (i), sub-items (c) to (i) inclusive, (k) to (m) inclusive, (o) to (s) inclusive and (u)), the matters set forth in item (iii), sub-items (b) and (c), the matters set forth in item (iv), sub-item (a) (limited to the matters set forth in item (i), sub-items (c) to (i) inclusive, (k) and (o) to (s) inclusive), and the matters set forth in item (iv), sub-item (b), and in cases where the performance is not received, the matters set forth in item (i), sub-items (v) to (y) inclusive, the matters set forth in item (ii), sub-item (a) (limited to the matters set forth in item (i), sub-items (v) to (y) inclusive), the matters set forth in item (iii), sub-item (a) (limited to the matters set forth in item (i), sub-items (v) to (y) inclusive), and the matters set forth in item (iv), sub-item (a) (limited to the matters set forth in item (i), sub-items (v) to (x) inclusive)):
(i) a contract of money loan (excluding the contracts set forth in the following item and item (iii)): the following matters:
(a) the trade name, name and address of the Money Lender;
(b) the date of Basic Contract for a Revolving Credit Loan;
(c) the maximum amount under the Basic Contract for a Revolving Credit Loan (in cases where the Money Lender has made available to the counterparty to the Basic Contract for a Revolving Credit Loan an amount smaller than the maximum amount as an upper limit on outstanding balance of principal of the Revolving Credit Loan under the Basic Contract for a Revolving Credit Loan, such smaller amount);
(d) the date of contract for each contract for a Revolving Credit Loan concluded within a certain period;
(e) the amount of Loan for each contract for a Revolving Credit Loan concluded within a certain period (in cases of a guarantee contract, the amount of Loan related to guarantee);
(f) Loan Interest Rate;
(g) the method of repayment;
(h) the repayment period and number of repayment installments for each contract for a Revolving Credit Loan concluded within a certain period (in lieu of the statement of repayment period and number of repayment installments for each contract for a Revolving Credit Loan, the future repayment period and number of repayment installments under the remaining obligation under the same Basic Contract for a Revolving Credit Loan (in cases where two or more obligations under the contract for a Revolving Credit Loan based on the same Basic Contract for a Revolving Credit Loan and having the same conditions remain, the combined obligation) as of the last day of the certain period may be stated);
(i) in cases where any agreement for liquidated damages is provided, the details thereof;
(j) the trade name, name and address of the counterparty to the contract (such information may be substituted by the contract number of the relevant contract and any other information);
(k) the contents of the documents to be received by the Money Lender in relation to the Revolving Credit Loan (excluding documents to be received by the Money Lender in relation to the Basic Contract for a Revolving Credit Loan);
(l) the matters concerning the money other than the principal or interest, to be borne by the obligor;
(m) the method of calculation of the interest (in cases where such method is stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act, or where such method is more favorable to the counterparty to the contract than the one stated therein, the statement of such method may be omitted);
(n) the method of repayment and the place to receive the repayment (in cases where such information is stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act, the statement of such information may be omitted);
(o) each repayment date and repayment amount or the next repayment due date and repayment amount for each contract for a Revolving Credit Loan concluded within a certain period (in cases where the obligation under the contract for a Revolving Credit Loan based on the same Basic Contract for a Revolving Credit Loan and having the same conditions of repayment as the relevant contract, the each repayment due date and repayment amount in the future under the obligations including the remaining obligation may be stated in lieu of the statement of each repayment due date and repayment amount under the concluded contract for a Revolving Credit Loan, and the next repayment due date and repayment amount under the obligations including the remaining obligation may be stated in lieu of the statement of the next repayment due date and repayment amount under the relevant contract) (in lieu of the statement of each repayment due date and repayment amount or next repayment due date and repayment amount for each contract for a Revolving Credit Loan, each repayment due date and repayment amount or next repayment due date and repayment amount in the future under the remaining obligation (in cases where two or more obligations under the contract for a Revolving Credit Loan based on the same Basic Contract for a Revolving Credit Loan and having the same conditions of repayment remain, the combined obligation) as of the last day of the certain period may be stated);
(p) information as to whether repayment before the repayment due date is possible or not under the contract, and if possible, the details thereof (in cases where such information is stated in the documents to be delivered pursuant Article 17, paragraph (2) of the Act, or where such information is more favorable to the counterparty to the contract than the one stated therein, the statement of such information may be omitted);
(q) in cases where there are provisions on the forfeiture of benefit of time, such fact and the details thereof (in cases where such information is stated in the documents to be delivered pursuant Article 17, paragraph (2) of the Act, or where such information is more favorable to the counterparty to the contract than the one stated therein, the statement of such information may be omitted);
(r) in cases where requiring the provision of physical collateral for the claim under the relevant contract, the details of the collateral (statements of the physical collateral stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act may be omitted);
(s) in cases where a guarantee contract is to be concluded for the relevant contract, the trade name, name and address of the guarantor (statements of the guarantor stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act may be omitted);
(t) in cases where each contract for a Revolving Credit Loan concluded within a certain period is a loan contract which has the outstanding balance of the obligation under the previous Contract for a Loan as the Loan amount thereof, the Breakdown (meaning the information on composition of the outstanding balance, such as the principal, interest and damages for the default under the relevant Contract for a Loan) of the outstanding balance of the obligation under the previous Contract for a Loan, and the matters which enables to specify the relevant Contract for a Loan (in cases of concluding a contract for a Revolving Credit Loan, and if the contract for a Revolving Credit Loan is a loan contract which has the outstanding balance of the obligation under the previous contract for a Revolving Credit Loan based on the same Basic Contract for a Revolving Credit Loan as the relevant contract as the Loan amount, the statement of such information may be omitted);
(u) the total repayment amount to be paid in the future under each contract for a Revolving Credit Loan concluded within a certain period (in cases where an obligation under the contract for a Revolving Credit Loan other than the relevant contract for a Revolving Credit Loan but based on the same Basic Contract of Revolving Credit Loan thereof and having the conditions of repayment as the relevant contract remains, in lieu of the statement of the total repayment amount to be paid in the future, the total repayment amount to be paid in the future under the obligation including the remaining obligation may be stated) (in lieu of the statement of total repayment amount to be paid in the future for each contract for a Revolving Credit Loan, the total repayment amount to be paid in the future under the remaining obligation (in cases where two or more obligations under the contract of Revolving Credit Loan based on the same Basic Contract of Revolving Credit Loan and having same the conditions of repayment remain, the combined obligation) as of the last day of the certain period may be stated) (in cases where the repayment amount to be paid in the future shall not be fixed at the time of concluding the loan contract, the total amount based on an assumption that the obligor pays the minimum repayment amount at the repayment date for each repayment installment or any other necessary assumption, and such assumption);
(v) amount of Loan for each performance received within a certain period (in cases of a guarantee contract, the amount of Loan related to guarantee) (in cases where there are two or more Loans related to the relevant performance, in lieu of the amount of Loan related to performance, the total of the amount of Loan under the last Loan and the obligation under a Revolving Credit Loan based on the same Basic Contract for a Revolving Credit Loan and having other conditions of repayment same as said Loan that remains as of that time may be stated);
(w) the amount received (in cases where a person other than the one who receives the delivery of the relevant documents has made the performance of obligation, the amount received thereof and such fact) and the interest, amount of damages based on the agreement for liquidated damages or the amount applied to the principal for each performance received within a certain period;
(x) the date of receipt for each performance received within a certain period;
(y) the amount of remaining obligation after the performance for each performance received within a certain period (in cases where an obligation under the contract for a Revolving Credit Loan other than the relevant contract for a Revolving Credit Loan related to the performance but based on the same Basic Contract for a Revolving Credit Loan and having other conditions of repayment same as the relevant contract remains, in lieu of the statement of the amount of remaining obligations after the performance, the amount of obligations including the remaining obligation may be stated) (in lieu of the statement of the amount of remaining obligations after the performance for each performance, the amount of remaining obligations based on the same Basic Contact of Revolving Credit Loan (in cases where two or more obligations under the contract for a Revolving Credit Loan based on the same Basic Contract for a Revolving Credit Loan and having the same conditions of repayment remain, the combined obligations) as of the last day of the certain period may be stated);
(z) the matters specified in the following according to the category of cases listed respectively:
1. in cases where there is a Designated Dispute Resolution Organization: the trade name or name of the Designated Dispute Resolution Organization with regard to whom the Money Lender takes the measure to conclude a Basic Contract for Implementation of Dispute Resolution Procedures as prescribed in Article 12-2-2, paragraph (1), item (i) of the Act, and that is the counterparty to such Basic Contract for Implementation of Dispute Resolution Procedures; and
2. in cases where there is no Designated Dispute Resolution Organization: the content of the Complaint Processing Measures and Dispute Resolution Measures prescribed in Article 12-2-2, paragraph (1), item (ii) of the Act to be taken by the Money Lender.
(ii) a contract on the discount of negotiable instruments: the following matters:
(a) the matters specified in the preceding item (excluding the matters set forth in sub-item (l), (n), (o), (t), and (u) of that item);
(b) the negotiable instrument number of the discounted negotiable instrument, and the amount and maturity of said negotiable instrument;
(c) the discount fees to be received by the Money Lender in relation to the discount, and any other matters related to money;
(iii) a contract on collateral by sale: the following matters:
(a) the matters set forth in item (i) (excluding the matters set forth in sub-items (n) and (t) of that item); and
(b) the matters related to redemption (in cases where such information is stated in the documents to be delivered pursuant Article 17, paragraph (2) of the Act, or where such information is more favorable to the counterparty to the contract than the one stated therein, the statement of such information may be omitted);
(c) the details of the subject matter of the collateral by sale (statements of the subject matter of the collateral by sale stated in the documents to be delivered pursuant to Article 17, paragraph (2) of the Act may be omitted);
(iv) the contract on intermediary for leasing money: the following matters.
(a) the matters specified in item (i) (excluding the matters set forth in sub-items (l) to (n) inclusive, (t), (u) and (y) of that item);
(b) the method of calculation of Intermediary Fees (in cases where such information is stated in the documents to be delivered pursuant Article 17, paragraph (2) of the Act, or where such information is more favorable to the counterparty to the contract than the one stated therein, the statement of such information may be omitted), and the amount thereof.
(17) The documents under the preceding paragraph shall, when a loan contract is concluded or performance is received within a certain period, be delivered (or, sent, offered for inspection or delivered, in cases of providing such document by Electromagnetic Means) within one month from the last day of said certain period with regard to said certain period.
(18) The provisions of Article 11, paragraph (4) shall apply mutatis mutandis to the case where the Money Lender prepares the documents set forth in paragraph (16).
Article 14 Deleted
(Delivery of Receipt)
Article 15 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (1), item (vi) of the Act shall be the following matters (in cases of receiving an Intermediary Fee for leasing money, excluding the matters set forth in item (v)):
(i) characters or letters indicating to the receipt of performance;
(ii) the registration number of the Money Lender;
(iii) the trade name or name of the obligor;
(iv) in cases where persons other than the obligor (in cases where a guarantee contract has been concluded for the loan contract, the principal obligor) has made the performance of obligations, the trade name or name of such person; and
(v) the amount of remaining obligations after the relevant performance.
(2) With regard to the matters set forth in items (ii) and (iii) of the preceding paragraph, the statement of such matters may be substituted by the clear indication of the contract number of the Contract for a Loan related to the claim for which performance was made and other matters.
(3) The matters prescribed in the items of Article 18, paragraph (1) of the Act shall be stated clearly and accurately using characters, letters and numbers larger than 8-point as provided in Japanese Industrial Standard Z8305 in the documents prescribed in that paragraph.
(4) The documents specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act shall be the documents in which the matters specified in the items of Article 13, paragraph (16) are stated clearly and accurately by using characters, letters and numbers larger than 8-point as provided in Japanese Industrial Standard Z8305, with regard to the Loan, performance and any other situation of transaction made within a certain period specified by the Money Lender which shall be within one month according to the category of loan contracts set forth in the respective items related to the performance (in addition to excluding the matters set forth in item (i), sub-item (z) of that paragraph, excluding, in cases where a loan contract is not concluded within a certain period, the matters set forth in, sub-items (c) to (i) inclusive and (k) to (u) inclusive of that item, the matters set forth in item (ii), sub-item (a) of that paragraph (limited to the matters set forth in item (i), sub-items (c) to (i) inclusive, (k), (m) and (p) to (s) inclusive of that paragraph), the matters set forth in item (ii), sub-items (b) and (c) of that paragraph, the matters set forth in item (iii), sub-item (a) of that paragraph (limited to the matters set forth in item (i), sub-items (c) to (i) inclusive, (k) to (m) inclusive, (o) to (s) inclusive and (u) of that paragraph), the matters set forth in item (iii), sub-items (b) and (c) of that paragraph, the matters set forth in item (iv), sub-item (a) of that paragraph (limited to the matters set forth in item (i), sub-items (c) to (i) inclusive, (k) and (o) to (s) inclusive of that paragraph), and the matters set forth in item (iv), sub-item (b) of that paragraph, and in cases where the performance is not received, the matters set forth in item (i), sub-items (v) to (y) inclusive of that paragraph, the matters set forth in item (ii), sub-item (a) of that paragraph (limited to the matters set forth in item (i), sub-items (v) to (y) inclusive of that paragraph), the matters set forth in item (iii), sub-item (a) of that paragraph (limited to the matters set forth in item (i), sub-items (v) to (y) inclusive of that paragraph), and the matters set forth in item (iv), sub-item (a) of that paragraph (limited to the matters set forth in item (i), sub-items (v) to (x) inclusive of that paragraph)):
(5) The documents under the preceding paragraph shall, when a loan contract is concluded or performance is received within a certain period, be delivered (or, sent, offered for inspection or delivered, in cases of providing such document by Electromagnetic Means) within one month from the last day of said certain period with regard to said certain period.
(6) The provisions of Article 11, paragraph (4) shall apply mutatis mutandis to the case where the Money Lender prepares the documents set forth in paragraph (3).
(Keeping of Books)
Article 16 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 19 of the Act shall be the following matters:
(i) the matters set forth in Article 17, paragraph (1), items (iv) to (viii) of the Act (excluding the matters set forth in Article 13, paragraph (1), item (i), sub-items (a), (e), (g), (o) to (r) inclusive (limited to, in cases of a discount of negotiable instrument, sub-items (a), (q) and (r); in cases of collateral by sale, sub-items (a), and (p) to (r) inclusive; and in cases of intermediary for leasing money, sub-items (a), (o), (q) and (r)), and in cases of a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in the following item);
(ii) the matters set forth in Article 17, paragraph (2), items (ii) to (vii) inclusive of the Act (excluding the matters set forth in Article 13, paragraph (3), item (i), sub-items (a), (e), and (n) to (r) inclusive (limited to, in cases of a discount of a negotiable instrument, sub-items (a), (q) and (r); in cases of collateral by sale, sub-items (a) and (o) to (q) inclusive; and in cases of intermediary for leasing money, sub-items (a), (n), and (p) to (r) inclusive), and item (ii), sub-item (c));
(iii) in cases where a guarantee contract is concluded for the loan contract, the matters set forth in Article 17, paragraph (3) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), items (vii), and (xii) to (xiv) inclusive);
(iv) in cases where the Money Lender has received performance of all or part of the claim under the Contract for a Loan, the matters set forth in Article 18, paragraph (1), items (iv) and (v) of the Act and paragraph (1), item (v) of the preceding Article (in cases of intermediary for leasing money, limited to Article 18, paragraph (1), item (v) of the Act);
(v) in cases where all or part of the claim under the Contract for a Loan has extinguished on grounds other than performance, such grounds, the date, and the amount of remaining claim;
(vi) in cases where assigning the claim under the Contract for a Loan to others, the trade name or name, and address of the person to whom the claim was assigned, as well as the date of assignment and amount of such claim;
(vii) a record on the course of negotiation with the Obligor, etc. or any other person with regard to the claim under the Contract for a Loan;
(viii) in cases of a Daily Installment Money Lender, the following matters:
(a) the type of business in which the other party to the Loan mainly engages;
(b) the number of workers regularly used by the other party to the Loan; and
(c) the date on which the Money Lender visited the business office or address of the other party to the Loan for the collection of repayments by the Money Lender him/herself.
(2) The provisions of Article 11, paragraph (4) of the Act shall apply mutatis mutandis to the case where the Money Lender prepares the books referred to in Article 19 of the Act.
(3) When a Money Lender prepares the books referred to in Article 19 of the Act, the statement of the mattes specified in the following items may be substituted by the preservation of the copy of the documents set forth in the following items for each Business Office, etc. which is to preserve such books:
(i) the documents to be delivered pursuant to Article 17, paragraph (1) of the Act: the matters set forth in paragraph (1), item (i);
(ii) the documents to be delivered pursuant to Article 17, paragraph (2) of the Act: the matters set forth in paragraph (1), item (ii);
(iii) the documents to be delivered pursuant to Article 17, paragraph (3) of the Act: the matters set forth in paragraph (1), item (iii);
(iv) the documents specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (6) of the Act: the matters set forth in paragraph (1), item (i) (limited to the part pertaining to the contract for a Revolving Credit Loan concluded within a certain period which is stated in the relevant document); and
(v) the documents of assignment agreement of the claim under the Contract for a Loan (limited to those stating the matters set forth in paragraph (1), item (vi)): the matters set forth in paragraph (1), item (vi).
Article 17 (1) A Money Lender shall preserve the books referred to in Article 19 of the Act for each Contract for a Loan for at least 10 years from the final repayment due date provided in the relevant contract (in cases where the claim under the relevant contract has extinguished upon performance or on any other grounds, the day on which the claim extinguished); provided, however, that in cases where the Money Lender has concluded a Basic Contract for a Revolving Credit Loan, such Money Lender shall preserve such books for said Basic Contract for a Revolving Credit Loan and for all the contracts for Revolving Credit Loans based on said Basic Contract for a Revolving Credit Loan for at least 10 years from the day of cancellation of said Basic Contract for a Revolving Credit Loan, or among the final repayment due dates specified in these contracts, the latest date (in cases where all of the claims under these contracts have extinguished upon performance or on any other grounds, the day on which such claims have extinguished), whichever comes later.
(2) In cases where the Business Office, etc. of the Money Lender is an Automatic Cash Machine, such Money Lender shall not be required to keep books.
(Person Requiring the Inspection, etc. of Books)
Article 17-2 The persons specified by Cabinet Office Ordinance as referred to in Article 19-2 of the Act shall be the following persons:
(i) a statutory agent, supervisor of guardian, curator, supervisor of curator, assistant, or supervisor of assistant of the Obligor, etc. or a person who was formerly an Obligor, etc.;
(ii) the heir of the Obligor, etc. or a person who was formerly an Obligor, etc.;
(iii) a person who made the performance on behalf or in lieu of the Obligor, etc. or a person who was formerly an Obligor, etc.;
(iv) a person who has been empowered the right of representation for the request under Article 19-2 of the Act from an Obligor, etc. or a person who was formerly an Obligor, etc. or the persons set forth in the preceding items.
(Method of Inspection of Books)
Article 17-3 A Money Lender shall, under the provisions of Article 19 of the Act, keep the books referred to in that Article, and except in the cases provided in Article 19-2 of the Act, provide such books for inspection or copy in response to the person who made such request during its business hours.
(Matters to be Explained In Regard to the Preparation of Specified Notarized Deeds)
Article 18 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 20, paragraph (3), item (ii) of the Act shall be, in cases of failure to perform the obligations stated in the Specified Notarized Deeds, a statement to the effect that a Money Lender may carry out a compulsory execution against the assets of the Obligor, etc. pursuant to the Specified Notarized Deeds without the filing of a lawsuit.
(2) The matters set forth in the items of Article 20, paragraph (3) of the Act shall be stated clearly and accurately using characters, letters and numbers larger than 8-point as provided in Japanese Industrialized Standard Z8305 in the documents prescribed in that paragraph.
(Restrictions on Acts of Collection)
Article 19 (1) The hours specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (1), item (i) of the Act (including the cases where it is applied mutatis mutandis pursuant to Article 24, paragraph (2), Article 24-2, paragraph (2), Article 24-3, paragraph (2), Article 24-4, paragraph (2), Article 24-5, paragraph (2) and Article 24-6 of the Act) shall be the hours between 9 p.m. and 8 a.m.
(2) A person who engages in the Money Lending Business or a person who has been entrusted by a person who engages in the Money Lending Business or any other person with the collection of claims under the Contract for a Loan made by the person who engages in the Money Lending Business shall, when he/she intends to send documents or Electromagnetic Records in lieu of such documents to demand the payment to the Obligor, etc. pursuant to the provisions of Article 21, paragraph (2) of the Act (including the cases where it is applied mutatis mutandis pursuant to Article 24, paragraph (2), Article 24-2, paragraph (2), Article 24-3, paragraph (2), Article 24-4, paragraph (2), Article 24-5, paragraph (2) and Article 24-6 of the Act), take the method of putting such documents in an envelope, the method of sending E-mails to the E-mail apparently used only by the Obligor, etc. him/herself, or other methods whereby the facts of borrowings of the obligor shall not be disclosed to persons other than the Obligor, etc.
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (2), item (viii) of the Act (including the cases where it is applied mutatis mutandis pursuant to Article 24, paragraph (2), Article 24-2, paragraph (2), Article 24-3, paragraph (2), Article 24-4, paragraph (2), Article 24-5, paragraph (2) and Article 24-6 of the Act) shall be the following matters:
(i) the amount of remaining obligations related to the relevant demand at the time of demand of payment;
(ii) the Breakdown (meaning the information on composition of the outstanding balance, such as the principal, interest and damages for the default under the relevant loan contract) of the amount which shall be demanded to be paid;
(iii) in cases of sending documents or Electromagnetic Records in lieu thereof to the guarantor, the date of the guarantee contract, maximum amount of the guarantee obligation, and the scope of obligation to be borne by the guarantor.
(4) The matters set forth in the items of Article 21, paragraph (2) of the Act (including the cases where that paragraph is applied mutatis mutandis pursuant to Article 24, paragraph (2), Article 24-2, paragraph (2), Article 24-3, paragraph (2), Article 24-4, paragraph (2), Article 24-5, paragraph (2) and Article 24-6 of the Act; hereinafter the same shall apply in this paragraph) shall be stated clearly and accurately by using characters, letters and numbers larger than 8-point as provided in Japanese Industrial Standard Z8305 in the documents prescribed in that paragraph.
(5) The matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act shall be the following matters:
(i) facts to be the basis of the right to receive performance of the person conducting collection;
(ii) the matters set forth in the items (excluding item (i)) of Article 17, paragraph (1) of the Act related to the claim to be collected (in cases where the claim to be collected is not a claim under the Contract for a Loan made by a Money Lender, excluding the matters set forth in Article 13, paragraph (1), item (i), sub-item (r), and in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, excluding the matters same as those set forth in the following item);
(iii) in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, the matters set forth in the items (excluding item (i)) of Article 17, paragraph (2) of the Act related to the Basic Contract for a Revolving Credit Loan which forms the basis for the relevant contract (in cases where the claim to be collected is not a claim under the Contract for a Loan made by a Money Lender, excluding the matters set forth in Article 13, paragraph (3), item (i), sub-item (r));
(iv) in cases of collecting claims from the Obligor, etc., the following matters:
(a) the matters set forth in Article 21, paragraph (2), items (vi) and (vii) of the Act; and
(b) the matters set forth in paragraph (3), items (i) and (ii);
(v) in cases of collecting claims from the guarantor, the matters set forth in Article 17, paragraph (3) of the Act (in cases where the claim to be collected is not a claim under the Contract for a Loan made by a Money Lender, excluding the matters set forth in Article 12-2, paragraph (5), item (xiv)).
(6) The method specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act (including the cases where it is applied mutatis mutandis pursuant to Article 24, paragraph (2), Article 24-2, paragraph (2), Article 24-3, paragraph (2), Article 24-4, paragraph (2), Article 24-5, paragraph (2) and Article 24-6 of the Act) shall be the method of delivering or sending the documents in which the matters set forth in the items of the preceding paragraph are stated clearly and accurately by using characters, letters and numbers larger than 8-point as provided in Japanese Industrial Standard Z8305; provided, however, that in cases where a worker of the Money Lender or persons who have been entrusted by a Money Lender or any other person with the collection of claims under the Contract for a Loan made by the Money Lender receives a request from the counterparty to disclose the trade name or name of said Money Lender or the name of said worker, such disclosure may be made by the presentation of identification cards provided in Article 12-4 of the Act.
(Form of the Sign to be Posted)
Article 20 The form specified by Cabinet Office Ordinance as referred to in Article 23 of the Act shall be as provided in Appended Form No. 7.
(Notice to the Assignee of the Claim)
Article 21 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 24, paragraph (1) of the Act shall be the following matters:
(i) the matters set forth in the items of Article 17, paragraph (1) of the Act (excluding the matters set forth in Article 13, paragraph (1), item (i), sub-items (e), (g), (p), and (r) (in cases of a collateral by sale, limited to sub-items (p) and (r)), and in cases of a claim under a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in the following item);
(ii) in cases of a claim under the contract for a Revolving Credit Loan, the matters set forth in the items of Article 17, paragraph (2) of the Act (excluding the matters set forth in items (ii) and (iii) of that paragraph and the matters set forth in Article 13, paragraph (3), item (i), sub-items (e), (g), (o), (p), and (r) (limited to, in cases of a collateral by sale, sub-items (o), (p), and (r), and in cases of intermediary for leasing money, sub-items (p) and (r)), and item (ii), sub-item (c));
(iii) in cases where a guarantee contract is concluded for the relevant claim, the matters set forth in Article 17, paragraph (3) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), items (vii) and (xiv)); and
(iv) the date of assignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the assignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act (Act No. 15 of 1931).
(3) The notice under Article 24, paragraph (1) of the Act shall be made in writing.
(4) The notice under Article 24, paragraph (1) of the Act may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the claim, be made by the provision of the matters to be notified pursuant to paragraph (1) of that Article by Electromagnetic Means, as provided in the following paragraph. In this case, the Money Lender shall be deemed to have made the notice in writing.
(5) In cases where the Money Lender intends to provide the matters to be notified under Article 24, paragraph (1) of the Act pursuant to the preceding paragraph, such Money Lender shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the claim and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the claim states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the Money Lender who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24, paragraph (1) of the Act to such assignee of the claim by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the claim has given his/her consent again under the preceding paragraph.
(Restrictions on Conclusion of Life Insurance Contract, etc. With Regard to Assigned Claim)
Article 21-2 The contracts specified by Cabinet Office Ordinance as referred to in Article 12-7 of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the contracts set forth in the items of Article 10-10.
(Delivery of Documents Prior to Concluding a Guarantee Contract Related to the Assigned Claim)
Article 21-3 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (iv) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items.
(2) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (v) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters specified in Article 12-2, paragraph (4).
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (vi) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters specified in the items of Article 12-2, paragraph (5) (excluding the matters set forth in item (xiv) of that paragraph).
(4) The provisions of Article 11, paragraph (4), Article 12-2, paragraphs (6) and (8), and Article 13, paragraphs (8) and (11) shall apply mutatis mutandis to the case where the assignee of the claim prepares the documents to be delivered pursuant to Article 16-2, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act.
(Delivery of Documents Prior to Obtaining Consent on Life Insurance Contract, etc. With Regard to the Assigned Claim)
Article 21-4 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-3, paragraph (1), item (ii) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters set forth in the items of Article 12-3, paragraph (1).
(2) The provisions of Article 12-3, paragraph (2) shall apply mutatis mutandis to the case where the assignee of the claim prepares the documents to be delivered pursuant to Article 16-3, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act.
(Delivery of Documents With Regard to the Assigned Claim)
Article 22 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (1), item (viii) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) (excluding the matters set forth in item (i), sub-items (e), (p), and (r) of that paragraph) according to the category of loan contracts set forth in the respective items.
(2) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (2) according to the category of loan contracts set forth in the respective items (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act, such matters shall be excluded).
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (2), item (vii) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) (excluding the matters set forth in item (i), sub-items (e), (o), (p), and (r) of that paragraph (in cases of intermediary for leasing money, limited to sub-items (p) and (r))) according to the category of loan contracts set forth in the respective items.
(4) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (4) according to the category of loan contracts set forth in the respective items.
(5) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters specified in the items of Article 13, paragraph (6) (excluding the matters set forth in Article 12-2, paragraph (5), item (xiv)).
(6) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters specified in the items of Article 13, paragraph (7).
(7) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (2) according to the category of loan contracts to be covered by guarantee set forth in the respective items (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of Article 17, paragraph (5) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act, such matters shall be excluded).
(8) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (5) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (4) according to the category of loan contracts to be covered by guarantee set forth in the respective items.
(9) The provisions of Article 11, paragraph (4), and Article 13, paragraphs (8), (11) and (15) shall apply mutatis mutandis to the case where the assignee of the claim prepares the documents to be delivered pursuant to Article 17 of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act.
(Delivery of Receipt After the Assignment of Claim)
Article 23 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (1), item (vi) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the matters set forth in the items of Article 15, paragraph (1).
(2) The provisions of Article 15, paragraph (3) shall apply mutatis mutandis to the case where the assignee of the claim prepares the documents to be delivered pursuant to Article 18, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act.
(3) The documents specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the documents specified in Article 15, paragraph (4).
(4) The provisions of Article 11, paragraph (4), and Article 15, paragraph (5) shall apply mutatis mutandis to the case where the assignee of the claim prepares the documents prescribed in the preceding paragraph.
(5) The procedure specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis by replacing certain terms pursuant to Article 24, paragraph (2) of the Act shall be that the assignee of the claim notifies the following matters to the counterparty to the Contract for a Loan related to said claim and other person who makes performance of all or part of the claim under the relevant contract, and said person who makes performance does not state his/her objections to the matters set forth in items (i) and (ii) within the certain period referred to in item (iii):
(i) a statement to the effect that the documents specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be delivered;
(ii) a statement to the effect that documents containing the matters set forth in the items of Article 18, paragraph (3) of the Act shall be delivered in lieu of the delivery of documents under Article 18, paragraph (1) of the Act, pursuant to Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act; and
(iii) a statement to the effect that any objections to the matters set forth in the preceding two items shall be stated within a certain period.
(6) The procedure specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (4) of the Act as applied mutatis mutandis by replacing certain terms pursuant to Article 24, paragraph (2) of the Act shall be that the assignee of the claim notifies the following matters to the counterparty to the Contract for a Loan related to said claim and other person who makes performance of all or part of the claim under the relevant contract, and said person who makes performance does not state his/her objections to the matters set forth in items (i) and (ii) within the certain period referred to in item (iii):
(i) a statement to the effect that the matters prescribed in Article 18, paragraph (1) or (3) of the Act or the matters to be stated in the documents specified by Cabinet Office Ordinance under paragraph (3) of that Article shall be provided by Electromagnetic Means in lieu of the delivery of documents required by paragraph (1) of that Article, the delivery of documents specified by Cabinet Office Ordinance under paragraph (3) of that Article, or the delivery of documents to be made in lieu of the delivery of documents under paragraph (1) of that Article, pursuant to Article 18, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act;
(ii) as the type and details of the Electromagnetic Means to be used, the following matters:
(a) among the methods specified in Article 1-2, paragraph (1), item (ii), the one used by the assignee of the claim; and
(b) the method of recording into a file; and
(iii) a statement to the effect that any objections to the matters set forth in the preceding two items shall be stated within a certain period.
(7) The period referred to in paragraph (5), item (iii) and item (iii) of the preceding paragraph shall not be less than one month.
(Keeping of Books After the Assignment of Claim)
Article 23-2 The provisions of Article 16 shall apply mutatis mutandis to the case where the assignee of the claim prepares the books prescribed in Article 19 of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act. In this case, the term "items (ii) to" in Article 16, paragraph (1), item (ii) shall be deemed to be replaced with "items (iv) to," and the phrase "is concluded" in item (iii) of that paragraph shall be deemed to be replaced with "has been concluded or is concluded."
Article 23-3 (1) An assignee of the claim under the loan contract made by a Money Lender shall preserve the books prescribed in Article 19 of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act for each Contract for a Loan related to the assigned claim, for at least ten years from the final repayment due date specified in the relevant contract (in cases where the claim under the relevant contract has extinguished upon performance or on any other grounds, the day on which the claim extinguished); provided, however, that, in cases where the relevant claim is one under a contract for a Revolving Credit Loan, the Money Lender shall preserve said books for ten years from, among the final repayment due dates specified in the relevant contracts related to the assigned claims under the contract for a Revolving Credit Loan based on the Basic Contract for a Revolving Credit Loan related to the relevant claim (in cases where all of these claims have extinguished upon performance or on any other grounds, the day on which the claims extinguished), the latest date.
(2) In cases where the Business Office, etc. of the assignee of the claim under the loan contract made by a Money Lender is an Automatic Cash Machine, such assignee shall not be required to keep books.
(Method of Inspection of Books After the Assignment of Claims)
Article 23-4 An assignee of the claim under the loan contract made by a Money Lender shall, under the provisions of Article 19 of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act, keep the books referred to in Article 19 of the Act at each Business Office, etc. thereof (in cases of a person with no Business Office, etc., his/her domicile or residence), and except in cases provided in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act, provide such books for inspection or copy in response to the person who made such request during its business hours.
(Person Requiring the Inspection, etc. of Books After the Assignment of Claim)
Article 23-5 The persons specified by Cabinet Office Ordinance as referred to in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the following persons:
(i) a statutory agent, supervisor of guardian, curator, supervisor of curator, assistant, or supervisor of assistant of the Obligor, etc. prescribed in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act (hereinafter simply referred to as the "Obligor, etc." in this Article) or a person who was formerly an Obligor, etc.;
(ii) the heir of the Obligor, etc. or a person who was formerly an Obligor, etc.;
(iii) a person who made the performance on behalf or in lieu of the Obligor, etc. or the person who was formerly an Obligor, etc.;
(iv) a person who has been empowered the right of representation for the request under Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act from an Obligor, etc., a person who was formerly an Obligor, etc. or the persons set forth in the preceding items.
(Matters to be Explained in Regard to the Preparation of Specified Notarized Deeds After the Assignment of Claims)
Article 24 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 20, paragraph (3), item (ii) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be, in cases of failure to perform the obligations stated in the Specified Notarized Deeds, a statement to the effect that the assignee of the claim under the loan contract made by a Money Lender may carry out a compulsory execution against the assets of the Obligor, etc. pursuant to the Specified Notarized Deeds without the filing of a lawsuit.
(2) The provisions of Article 18, paragraph (2) of the Act shall apply mutatis mutandis to the cases where the assignee of the claim prepares the documents to be delivered pursuant to Article 20, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act.
(Matters to be Disclosed upon the Collection After the Assignment of the Claim)
Article 25 The matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act shall be the following matters:
(i) facts to be the basis of the right to receive performance of the person conducting collection;
(ii) the matters set forth in the items of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act related to the claim to be collected (excluding the trade name or name of the assignee of the relevant claim and the matters set forth in Article 13, paragraph (1), item (i), sub-item (r));
(iii) in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, the matters set forth in the items of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act related to the Basic Contract for a Revolving Credit Loan which forms the basis for the relevant contract (excluding the matters set forth in Article 13, paragraph (3), item (i), sub-item (r)); and
(iv) in cases of collecting claims from the Guarantee Business Operator, the matters set forth in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), item (xiv)).
(Notice to the Assignee of the Reassigned Claim)
Article 26 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article shall be the following matters:
(i) the matters set forth in the items of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act (excluding the matters set forth in Article 13, paragraph (1), item (i), sub-items (e), (g), (p), and (r) (in cases of a collateral by sale, limited to sub-items (p) and (r)), and in cases of a claim under a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in the following items);
(ii) in cases of a claim under the contract for a Revolving Credit Loan, the matters set forth in the items of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act (excluding the matters set forth in items (ii) and (iii) of Article 17, paragraph (2) of the Act and the matters set forth in Article 13, paragraph (3), item (i), sub-items (e), (g), (o), (p), and (r) (limited to, in cases of a collateral by sale, sub-items (o), (p), and (r), and in cases of intermediary for leasing money, sub-items (p) and (r)), and item (ii), sub-item (c));
(iii) in cases where a guarantee contract is concluded for the relevant claim, the matters set forth in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24, paragraph (2) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), items (vii) and (xiv)); and
(iv) the date of reassignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the reassignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act.
(3) The notice under Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article shall be made in writing.
(4) The notice under Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the reassigned claim, be made by the provision of the matters to be notified pursuant to paragraph (1) of that Article by Electromagnetic Means, as provided in the following paragraph. In this case, the assignee of the claim shall be deemed to have made the notice in writing.
(5) In cases where the assignee of the claim intends to provide the matters to be notified under Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article, pursuant to the preceding paragraph, such assignee of the claim shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the reassigned claim and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the reassigned claim states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the assignee of the claim who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article to such assignee of the reassigned claim by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the reassigned claim has given his/her consent again under the preceding paragraph.
(Notice to Guarantee Business Operators)
Article 26-2 (1) The notice under Article 24-2, paragraph (1) of the Act shall be made in writing.
(2) The notice under Article 24-2, paragraph (1) of the Act may, in lieu of the notice in writing under the preceding paragraph and with the consent of the Guarantee Business Operator, be made by the provision of the matters to be notified pursuant to paragraph (1) of that Article by Electromagnetic Means, as provided in the following paragraph. In this case, the Money Lender shall be deemed to have made the notice in writing.
(3) In cases where the Money Lender intends to provide the matters to be notified under Article 24-2, paragraph (1) of the Act pursuant to the preceding paragraph, such Money Lender shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the Guarantee Business Operator and obtain the consent therefrom, in writing or by Electromagnetic Means.
(4) When the Guarantee Business Operator states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the Money Lender who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-2, paragraph (1) of the Act to such Guarantee Business Operator by Electromagnetic Means; provided, however, that this shall not apply to cases where such Guarantee Business Operator has given his/her consent again under the preceding paragraph.
(Restrictions on Conclusion of Life Insurance Contract, etc. With Regard to Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-2-2 The contracts specified by Cabinet Office Ordinance as referred to in Article 12-7 of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the contracts set forth in the items of Article 10-10.
(Delivery of Documents Prior to Concluding a Guarantee Contract Related to the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-2-3 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (iv) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items.
(2) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (v) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters specified in Article 12-2, paragraph (4).
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (vi) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters specified in the items of Article 12-2, paragraph (5) (excluding the matters set forth in item (xiv) of that paragraph).
(4) The provisions of Article 11, paragraph (4), Article 12-2, paragraphs (6) and (8), and Article 13, paragraphs (8) and (11) shall apply mutatis mutandis to the case where the Guarantee Business Operator prepares the documents to be delivered pursuant to Article 16-2, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act.
(Delivery of Documents Prior to Obtaining Consent on Life Insurance Contract, etc. Related to the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-2-4 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-3, paragraph (1), item (ii) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters set forth in the items of Article 12-3, paragraph (1).
(2) The provisions of Article 12-3, paragraph (2) shall apply mutatis mutandis to the case where the Guarantee Business Operator prepares the documents to be delivered pursuant to Article 16-3, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act.
(Delivery of Documents With Regard to the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-3 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (1), item (viii) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) (excluding the matters set forth in item (i), sub-items (e) and (p) of that paragraph) according to the category of loan contracts set forth in the respective items.
(2) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (2) according to the category of loan contracts set forth in the respective items (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act, such matters shall be excluded).
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (2), item (vii) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) (excluding the matters set forth in item (i), sub-items (e), (o), (p), and (r) of that paragraph (in cases of intermediary for leasing money, limited to sub-items (p) and (r))) according to the category of loan contracts set forth in the respective items.
(4) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (4) according to the category of loan contracts set forth in the respective items.
(5) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters specified in the items of Article 13, paragraph (6) (excluding the matters set forth in Article 12-2, paragraph (5), item (xiv)).
(6) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters specified in the items of Article 13, paragraph (7).
(7) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (2) according to the category of loan contracts to be covered by guarantee set forth in the respective items (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of Article 17, paragraph (5) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act, such matters shall be excluded).
(8) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (5) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (4) according to the category of loan contracts to be covered by guarantee set forth in the respective items.
(9) The provisions of Article 11, paragraph (4), and Article 13, paragraphs (8), (11) and (15) shall apply mutatis mutandis to the case where the Guarantee Business Operator prepares the documents to be delivered pursuant to Article 17 of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act.
(Delivery of Receipt After the Acquisition of Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-4 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (1), item (vi) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the matters set forth in the items of Article 15, paragraph (1).
(2) The provisions of Article 15, paragraph (3) shall apply mutatis mutandis to the case where the Guarantee Business Operator prepares the documents to be delivered pursuant to Article 18, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act.
(3) The documents specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the documents specified in Article 15, paragraph (4).
(4) The provisions of Article 11, paragraph (4), and Article 15, paragraph (5) shall apply mutatis mutandis to the case where the Guarantee Business Operator prepares the documents prescribed in the preceding paragraph.
(5) The procedure specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis by replacing certain terms pursuant to Article 24-2, paragraph (2) of the Act shall be that the Guarantee Business Operator notifies the following matters to the counterparty to the Contract for a Loan related to the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and other person who makes performance of all or part of the claim under the relevant contract, and said person who makes performance does not state his/her objections to the matters set forth in items (i) and (ii) within the certain period referred to in item (iii):
(i) a statement to the effect that the documents specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be delivered;
(ii) a statement to the effect that documents containing the matters set forth in the items of Article 18, paragraph (3) of the Act shall be delivered in lieu of the delivery of documents under Article 18, paragraph (1) of the Act, pursuant to Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act; and
(iii) a statement to the effect that any objections to the matters set forth in the preceding two items shall be stated within a certain period.
(6) The procedure specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (4) of the Act as applied mutatis mutandis by replacing certain terms pursuant to Article 24-2, paragraph (2) of the Act shall be that the Guarantee Business Operator notifies the following matters to the counterparty to the Contract for a Loan related to the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and other person who makes performance of all or part of the claim under the relevant contract, and said person who makes performance does not state his/her objections to the matters set forth in items (i) and (ii) within the certain period referred to in item (iii):
(i) a statement to the effect that the matters prescribed in Article 18, paragraph (1) or (3) of the Act or the matters to be stated in the documents specified by Cabinet Office Ordinance under paragraph (3) of that Article shall be provided by Electromagnetic Means in lieu of the delivery of documents required by paragraph (1) of that Article, the delivery of documents specified by Cabinet Office Ordinance under paragraph (3) of that Article, or the delivery of documents to be made in lieu of the delivery of documents under paragraph (1) of that Article pursuant to paragraph (3) of that Article, pursuant to Article 18, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act;
(ii) as the type and details of the Electromagnetic Means to be used, the following matters:
(a) among the methods specified in Article 1-2, paragraph (1), item (ii), the one used by the Guarantee Business Operator; and
(b) the method of recording into a file; and
(iii) a statement to the effect that any objections to the matters set forth in the preceding two items shall be stated within a certain period.
(7) The period referred to in paragraph (5), item (iii) and item (iii) of the preceding paragraph shall not be less than one month.
(Keeping of Books After the Acquisition of Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-4-2 The provisions of Article 16 shall apply mutatis mutandis to the case where the Guarantee Business Operator prepares the books prescribed in Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act. In this case, the term "items (ii) to" in Article 16, paragraph (1), item (ii) shall be deemed to be replaced with "items (iv) to," and the phrase "is concluded" in item (iii) of that paragraph shall be deemed to be replaced with "has been concluded or is concluded."
Article 26-4-3 (1) A Guarantee Business Operator shall preserve the books prescribed in Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act for each Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. acquired thereby, for at least ten years from the final repayment due date of the relevant Right to Obtain Reimbursement, etc. (in cases where the relevant Right to Obtain Reimbursement, etc. has extinguished upon performance or on any other grounds, the day on which the Right to Obtain Reimbursement, etc. extinguished); provided, however, that, in cases where the relevant Right to Obtain Reimbursement, etc. is one under a contract for a Revolving Credit Loan, the Guarantee Business Operator shall preserve said books for ten years from, among the final repayment due dates of the acquired Rights to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. under the contract for a Revolving Credit Loan based on the Basic Contract for a Revolving Credit Loan related to the relevant Right to Obtain Reimbursement, etc. (in cases where all of these Rights to Obtain Reimbursement, etc. have extinguished upon performance or on any other grounds, the day on which the Rights to Obtain Reimbursement, etc. extinguished), the latest date.
(2) In cases where the Business Office, etc. of the Guarantee Business Operator is an Automatic Cash Machine, such Guarantee Business Operator shall not be required to keep books.
(Method of Inspection of Books After the Acquisition of Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-4-4 A Guarantee Business Operator shall, under the provisions of Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act, keep the books referred to in Article 19 of the Act at each Business Office, etc. thereof (in cases of a person with no Business Office, etc., his/her domicile or residence), and except in cases provided in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act, provide such books for inspection or copy in response to the person who made such request during its business hours.
(Person Requiring the Inspection, etc. of Books After the Acquisition of Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-4-5 The persons specified by Cabinet Office Ordinance as referred to in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the following persons:
(i) a statutory agent, supervisor of guardian, curator, supervisor of curator, assistant, or supervisor of assistant of the Obligor, etc. prescribed in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act (hereinafter simply referred to as the "Obligor, etc." in this Article) or the person who was formerly an Obligor, etc.;
(ii) the heir of the Obligor, etc. or the person who was formerly an Obligor, etc.;
(iii) a person who made the performance on behalf or in lieu of the Obligor, etc. or the person who was formerly an Obligor, etc.;
(iv) a person who has been empowered the right of representation for the request under Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act from an Obligor, etc. or a person who was formerly an Obligor, etc. or the persons set forth in the preceding items.
(Matters to be Explained in Regard to the Preparation of Specified Notarized Deeds After the Acquisition of Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-5 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 20, paragraph (3), item (ii) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be, in cases of failure to perform the obligations stated in the Specified Notarized Deeds, a statement to the effect that the Guarantee Business Operator may carry out a compulsory execution against the assets of the Obligor, etc. pursuant to the Specified Notarized Deeds without the filing of lawsuit.
(2) The provisions of Article 18, paragraph (2) of the Act shall apply mutatis mutandis to the case where the Guarantee Business Operator prepares the documents to be delivered pursuant to Article 20, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act.
(Matters to be Disclosed upon the Collection After the Acquisition of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-6 The matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act shall be the following matters:
(i) facts to be the basis of the right to receive performance of the person conducting collection;
(ii) the matters set forth in the items of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act related to the claim to be collected (excluding the trade name or name of the relevant Guarantee Business Operator and the matters set forth in Article 13, paragraph (1), item (i), sub-item (r));
(iii) in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, the matters set forth in the items of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act related to the Basic Contract for a Revolving Credit Loan which forms the basis for the relevant contract (excluding the matters set forth in Article 13, paragraph (3), item (i), sub-item (r)); and
(iv) in cases of collecting claims from the guarantor, the matters set forth in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), item (xiv)).
(Notice to Persons Entrusted With Performance)
Article 26-7 (1) The notice under Article 24-3, paragraph (1) of the Act shall be made in writing.
(2) The notice under Article 24-3, paragraph (1) of the Act may, in lieu of the notice in writing under the preceding paragraph and with the consent of the Person Entrusted With Performance, be made by the provision of the matters to be notified pursuant to paragraph (1) of that Article by Electromagnetic Means, as provided in the following paragraph. In this case, the Money Lender shall be deemed to have made the notice in writing.
(3) In cases where the Money Lender intends to provide the matters to be notified under Article 24-3, paragraph (1) of the Act pursuant to the preceding paragraph, such Money Lender shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the Person Entrusted With Performance and obtain the consent therefrom, in writing or by Electromagnetic Means.
(4) When the Person Entrusted With Performance states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the Money Lender who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-3, paragraph (1) of the Act to such Person Entrusted With Performance by Electromagnetic Means; provided, however, that this shall not apply to cases where such Person Entrusted With Performance has given his/her consent again under the preceding paragraph.
(Restrictions on Conclusion of Life Insurance Contract, etc. With Regard to Right to Obtain Reimbursement Pertaining to Performance under Entrustment)
Article 26-7-2 The contracts specified by Cabinet Office Ordinance as referred to in Article 12-7 of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the contracts set forth in the items of Article 10-10.
(Delivery of Documents Prior to Concluding a Guarantee Contract Related to the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-7-3 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (iv) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items.
(2) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (v) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters specified in Article 12-2, paragraph (4).
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (vi) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters specified in the items of Article 12-2, paragraph (5) (excluding the matters set forth in item (xiv) of that paragraph).
(4) The provisions of Article 11, paragraph (4), Article 12-2, paragraphs (6) and (8), and Article 13, paragraphs (8) and (11) shall apply mutatis mutandis to the case where the Person Entrusted With Performance prepares the documents to be delivered pursuant to Article 16-2, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act.
(Delivery of Documents Prior to Obtaining Consent on Life Insurance Contract, etc. Related to the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-7-4 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-3, paragraph (1), item (ii) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters set forth in the items of Article 12-3, paragraph (1).
(2) The provisions of Article 12-3, paragraph (2) shall apply mutatis mutandis to the case where the Person Entrusted With Performance prepares the documents to be delivered pursuant to Article 16-3, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act.
(Delivery of Documents With Regard to the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-8 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (1), item (viii) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) (excluding the matters set forth in item (i), sub-items (e), (p) and (r) of that paragraph) according to the category of loan contracts set forth in the respective items.
(2) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (2) according to the category of loan contracts set forth in the respective items (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act, such matters shall be excluded).
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (2), item (vii) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) (excluding the matters set forth in item (i), sub-items (e), (o), (p), and (r) of that paragraph (in cases of intermediary for leasing money, limited to sub-items (p) and (r))) according to the category of loan contracts set forth in the respective items.
(4) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (4) according to the category of loan contracts set forth in the respective items.
(5) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters specified in the items of Article 13, paragraph (6) (excluding the matters set forth in Article 12-2, paragraph (5), item (xiv)).
(6) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters specified in the items of Article 13, paragraph (7).
(7) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (2) according to the category of loan contracts to be covered by guarantee set forth in the respective items (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of Article 17, paragraph (5) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act, such matters shall be excluded).
(8) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (5) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (4) according to the category of loan contracts to be covered by guarantee set forth in the respective items.
(9) The provisions of Article 11, paragraph (4), and Article 13, paragraphs (8), (11) and (15) shall apply mutatis mutandis to the case where the Person Entrusted With Performance prepares the documents to be delivered pursuant to Article 17 of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act.
(Delivery of Receipt After the Acquisition of Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-9 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (1), item (vi) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the matters set forth in the items of Article 15, paragraph (1).
(2) The provisions of Article 15, paragraph (3) shall apply mutatis mutandis to the case where the Person Entrusted With Performance prepares the documents to be delivered pursuant to Article 18, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act.
(3) The documents specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the documents specified in Article 15, paragraph (4).
(4) The provisions of Article 11, paragraph (4), and Article 15, paragraph (5) shall apply mutatis mutandis to the case where the Person Entrusted With Performance prepares the documents prescribed in the preceding paragraph.
(5) The procedure specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis by replacing certain terms pursuant to Article 24-3, paragraph (2) of the Act shall be that the Person Entrusted With Performance notifies the following matters to the counterparty to the Contract for a Loan related to the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment and other person who makes performance of all or part of the claim under the relevant contract, and said person who makes performance does not state his/her objections to the matters set forth in items (i) and (ii) within the certain period referred to in item (iii):
(i) a statement to the effect that the documents specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be delivered;
(ii) a statement to the effect that documents containing the matters set forth in the items of Article 18, paragraph (3) of the Act shall be delivered in lieu of the delivery of documents under Article 18, paragraph (1) of the Act, pursuant to Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act; and
(iii) a statement to the effect that any objections to the matters set forth in the preceding two items shall be stated within a certain period.
(6) The procedure specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (4) of the Act as applied mutatis mutandis by replacing certain terms pursuant to Article 24-3, paragraph (2) of the Act shall be that the Person Entrusted With Performance notifies the following matters to the counterparty to the Contract for a Loan related to the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment and other person who makes performance of all or part of the claim under the relevant contract, and said person who makes performance does not state his/her objections to the matters set forth in items (i) and (ii) within the certain period referred to in item (iii):
(i) a statement to the effect that the matters prescribed in Article 18, paragraph (1) or (3) of the Act or the matters to be stated in the documents specified by Cabinet Office Ordinance under paragraph (3) of that Article shall be provided by Electromagnetic Means in lieu of the delivery of documents required by paragraph (1) of that Article, the delivery of documents specified by Cabinet Office Ordinance under paragraph (3) of that Article, or the delivery of documents to be made in lieu of the delivery of documents under paragraph (1) of that Article pursuant to paragraph (3) of that Article, pursuant to Article 18, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act;
(ii) as the type and details of the Electromagnetic Means to be used, the following matters:
(a) among the methods specified in Article 1-2, paragraph (1), item (ii), the one used by the Person Entrusted With Repayment; and
(b) the method of recording into a file; and
(iii) a statement to the effect that any objections to the matters set forth in the preceding two items shall be stated within a certain period.
(7) The period referred to in paragraph (5), item (iii) and item (iii) of the preceding paragraph shall not be less than one month.
(Keeping of Books After the Acquisition of Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-9-2 The provisions of Article 16 shall apply mutatis mutandis to the case where the Person Entrusted With Performance prepares the books prescribed in Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act. In this case, the term "items (ii) to" in Article 16, paragraph (1), item (ii) shall be deemed to be replaced with "items (iv) to," and the phrase "is concluded" in item (iii) of that paragraph shall be deemed to be replaced with "has been concluded or is concluded."
Article 26-9-3 (1) A Person Entrusted With Performance shall preserve the books prescribed in Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act for each Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment acquired thereby, for at least ten years from the final repayment due date of the relevant Right to Obtain Reimbursement, etc. (in cases where the relevant Right to Obtain Reimbursement, etc. has extinguished upon performance or on any other grounds, the day on which the Right to Obtain Reimbursement, etc. extinguished); provided, however, that, in cases where the relevant Right to Obtain Reimbursement, etc. is one under a contract for a Revolving Credit Loan, the Person Entrusted With Repayment shall preserve said books for ten years from, among the final repayment due dates of the acquired Rights to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment under the contract for a Revolving Credit Loan based on the Basic Contract for a Revolving Credit Loan related to the relevant Right to Obtain Reimbursement, etc. (in cases where all of these Rights to Obtain Reimbursement, etc. have extinguished upon performance or on any other grounds, the day on which the Rights to Obtain Reimbursement, etc. extinguished), the latest date.
(2) In cases where the Business Office, etc. of the Person Entrusted With Performance is an Automatic Cash Machine, such Person Entrusted With Performance shall not be required to keep books.
(Method of Inspection of Books After the Acquisition of Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-9-4 A Person Entrusted With Performance shall, under the provisions of Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act, keep the books referred to in Article 19 of the Act at each Business Office, etc. thereof (in cases of a person with no Business Office, etc., his/her domicile or residence), and except in cases provided in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act, provide such books for inspection or copy in response to the person who made such request during its business hours.
(Person Requiring the Inspection, etc. of Books After the Acquisition of Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-9-5 The persons specified by Cabinet Office Ordinance as referred to in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the following persons:
(i) a statutory agent, supervisor of guardian, curator, supervisor of curator, assistant, or supervisor of assistant of the Obligor, etc. prescribed in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act (hereinafter simply referred to as the "Obligor, etc." in this Article) or a person who was formerly an Obligor, etc.;
(ii) the heir of the Obligor, etc. or a person who was formerly an Obligor, etc.;
(iii) a person who made the performance on behalf or in lieu of the Obligor, etc. or the person who was formerly an Obligor, etc.;
(iv) a person who has been empowered the right of representation for the request under Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act from an Obligor, etc., a person who was formerly an Obligor, etc. or the persons set forth in the preceding items.
(Matters to be Explained in Regard to the Preparation of Specified Notarized Deeds After the Acquisition of Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-10 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 20, paragraph (3), item (ii) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be, in cases of failure to perform the obligations stated in the Specified Notarized Deeds, a statement to the effect that the Person Entrusted With Performance may carry out a compulsory execution against the assets of the Obligor, etc. pursuant to the Specified Notarized Deeds without the filing of lawsuit.
(2) The provisions of Article 18, paragraph (2) of the Act shall apply mutatis mutandis to the case where the Person Entrusted With Performance prepares the documents to be delivered pursuant to Article 20, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act.
(Matters to be Disclosed upon the Collection After the Acquisition of Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-11 The matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act shall be the following matters:
(i) facts to be the basis of the right to receive performance of the person conducting collection;
(ii) the matters set forth in the items of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act related to the claim to be collected (excluding the trade name or name of the relevant Person Entrusted With Performance and the matters set forth in Article 13, paragraph (1), item (i), sub-item (r));
(iii) in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, the matters set forth in the items of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act related to the Basic Contract for a Revolving Credit Loan which forms the basis for the relevant contract (excluding the matters set forth in Article 13, paragraph (3), item (i), sub-item (r));
(iv) in cases of collecting claims from the guarantor, the matters set forth in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), item (xiv)).
(Notice to the Assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-12 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 24-4, paragraph (1) of the Act shall be the following matters:
(i) that the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. has accrued from the guarantee pertaining to the loan contract made by the Money Lender;
(ii) the matters set forth in the items of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act (excluding the matters set forth in Article 13, paragraph (1), item (i), sub-items (e), (g), (p), and (r) (in cases of a collateral by sale, limited to sub-items (p) and (r)));
(iii) in cases of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. related to a contract for a Revolving Credit Loan, the matters set forth in the items of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act (excluding the matters set forth in Article 13, paragraph (3), item (i), sub-items (e), (g), (o), (p), and (r) (limited to, in cases of a collateral by sale, sub-items (o), (p), and (r), and in cases of intermediary for leasing money, sub-items (p) and (r)), and item (ii), sub-item (c));
(iv) in cases where a guarantee contract is concluded for the relevant claim, the matters set forth in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-2, paragraph (2) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), items (vii) and (xiv)); and
(v) the date of assignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the assignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act.
(3) The notice under Article 24-4, paragraph (1) of the Act shall be made in writing.
(4) The notice under Article 24-4, paragraph (1) of the Act may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., be made by the provision of the matters to be notified pursuant to paragraph (1) of that Article by Electromagnetic Means, as provided in the following paragraph. In this case, the Guarantee Business Operator shall be deemed to have made the notice in writing.
(5) In cases where a Guarantee Business Operator intends to provide the matters to be notified under Article 24-4, paragraph (1) of the Act pursuant to the preceding paragraph, such Guarantee Business Operator shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the Guarantee Business Operator who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-4, paragraph (1) of the Act to such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. has given his/her consent again under the preceding paragraph.
(Restrictions on Conclusion of Life Insurance Contract, etc. With Regard to the Assigned Right to Obtain Reimbursement Pertaining to Guarantee, etc.)
Article 26-12-2 The contracts specified by Cabinet Office Ordinance as referred to in Article 12-7 of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the contracts set forth in the items of Article 10-10.
(Delivery of Documents Prior to Concluding a Guarantee Contract Related to the Assigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-12-3 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (iv) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items:
(2) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (v) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters specified in Article 12-2, paragraph (4).
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (vi) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters specified in the items of Article 12-2, paragraph (5) (excluding the matters set forth in item (xiv) of that paragraph).
(4) The provisions of Article 11, paragraph (4), Article 12-2, paragraphs (6) and (8), and Article 13, paragraphs (8) and (11) shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. prepares the documents to be delivered pursuant to Article 16-2, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act.
(Delivery of Documents Prior to Obtaining Consent on Life Insurance Contract, etc. Related to the Assigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-12-4 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-3, paragraph (1), item (ii) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters set forth in the items of Article 12-3, paragraph (1):
(2) The provisions of Article 12-3, paragraph (2) shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. prepares the documents to be delivered pursuant to Article 16-3, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act.
(Delivery of Documents With Regard to the Assigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-13 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (1), item (viii) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) (excluding the matters set forth in item (i), sub-items (e), (p), and (r) of that paragraph) according to the category of loan contracts set forth in the respective items.
(2) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (2) according to the category of loan contracts set forth in the respective items (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act, such matters shall be excluded).
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (2), item (vii) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) (excluding the matters set forth in item (i), sub-items (e), (o), (p), and (r) of that paragraph (in cases of intermediary for leasing money, limited to sub-items (p) and (r))) according to the category of loan contracts set forth in the respective items.
(4) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (4) according to the category of loan contracts set forth in the respective items.
(5) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters specified in the items of Article 13, paragraph (6) (excluding the matters set forth in Article 12-2, paragraph (5), item (xiv)).
(6) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters specified in the items of Article 13, paragraph (7).
(7) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (2) according to the category of loan contracts to be covered by guarantee set forth in the respective items (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of Article 17, paragraph (5) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act, such matters shall be excluded).
(8) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (5) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (4) according to the category of loan contracts to be covered by guarantee set forth in the respective items.
(9) The provisions of Article 11, paragraph (4), and Article 13, paragraphs (8), (11) and (15) shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. prepares the documents to be delivered pursuant to Article 17 of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act.
(Delivery of Receipt After the Assignment of Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-14 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (1), item (vi) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the matters set forth in the items of Article 15, paragraph (1).
(2) The provisions of Article 15, paragraph (3) shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. prepares the documents to be delivered pursuant to Article 18, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act.
(3) The documents specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the documents specified in Article 15, paragraph (4).
(4) The provisions of Article 11, paragraph (4), and Article 15, paragraph (5) shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. prepares the documents prescribed in the preceding paragraph.
(5) The procedure specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis by replacing certain terms pursuant to Article 24-4, paragraph (2) of the Act shall be that the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. notifies the following matters to the counterparty to the Contract for a Loan related to the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and other person who makes performance of all or part of the claim under the relevant contract, and said person who makes performance does not state his/her objections to the matters set forth in items (i) and (ii) within the certain period referred to in item (iii):
(i) a statement to the effect that the documents specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be delivered;
(ii) a statement to the effect that documents containing the matters set forth in the items of Article 18, paragraph (3) of the Act shall be delivered in lieu of the delivery of documents under paragraph (1) of that Article, pursuant to Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act; and
(iii) a statement to the effect that any objections to the matters set forth in the preceding two items shall be stated within a certain period.
(6) The procedure specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (4) of the Act as applied mutatis mutandis by replacing certain terms pursuant to Article 24-4, paragraph (2) of the Act shall be that the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. notifies the following matters to the counterparty to the Contract for a Loan related to the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and other person who makes performance of all or part of the claim under the relevant contract, and said person who makes performance does not state his/her objections to the matters set forth in items (i) and (ii) within the certain period referred to in item (iii):
(i) a statement to the effect that the matters prescribed in Article 18, paragraph (1) or (3) of the Act or the matters to be stated in the documents specified by Cabinet Office Ordinance under paragraph (3) of that Article shall be provided by Electromagnetic Means in lieu of the delivery of documents required by paragraph (1) of that Article, the delivery of documents specified by Cabinet Office Ordinance under paragraph (3) of that Article, or the delivery of documents to be made in lieu of the delivery of documents under paragraph (1) of that Article pursuant to paragraph (3) of that Article, pursuant to Article 18, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act;
(ii) as the type and details of the Electromagnetic Means to be used, the following matters:
(a) among the methods specified in Article 1-2, paragraph (1), item (ii), the one used by the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.; and
(b) the method of recording into a file;
(iii) a statement to the effect that any objections to the matters set forth in the preceding two items shall be stated within a certain period.
(7) The period referred to in paragraph (5), item (iii) and item (iii) of the preceding paragraph shall not be less than one month.
(Keeping of Books After the Assignment of Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-14-2 The provisions of Article 16 shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. prepares the books prescribed in Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act. In this case, the term "items (ii) to" in Article 16, paragraph (1), item (ii) shall be deemed to be replaced with "items (iv) to," and the phrase "is concluded" in item (iii) of that paragraph shall be deemed to be replaced with "has been concluded or is concluded."
Article 26-14-3 (1) An assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. shall preserve the books prescribed in Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act for each assigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., for at least ten years from the final repayment due date of the relevant Right to Obtain Reimbursement, etc. (in cases where the relevant Right to Obtain Reimbursement, etc. has extinguished upon performance or on any other grounds, the day on which the Right to Obtain Reimbursement, etc. extinguished); provided, however, that, in cases where the relevant Right to Obtain Reimbursement, etc. is one under a contract for a Revolving Credit Loan, the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. shall preserve said books for ten years from, among the final repayment due dates of the assigned Rights to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. under the contract for a Revolving Credit Loan based on the Basic Contract for a Revolving Credit Loan related to the relevant Right to Obtain Reimbursement, etc. (in cases where all of these Rights to Obtain Reimbursement, etc. have extinguished upon performance or on any other grounds, the day on which the Rights to Obtain Reimbursement, etc. extinguished), the latest date.
(2) In cases where the Business Office, etc. of the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. is an Automatic Cash Machine, such assignee shall not be required to keep books.
(Method of Inspection of Books After the Assignment of Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-14-4 An assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. shall, under the provisions of Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act, keep the books referred to in Article 19 of the Act at each Business Office, etc. thereof (in cases of a person with no Business Office, etc., his/her domicile or residence), and except in cases provided in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act, provide such books for inspection or copy in response to the person who made such request during its business hours.
(Person Requiring the Inspection, etc. of Books After the Assignment of Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-14-5 The persons specified by Cabinet Office Ordinance as referred to in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the following persons:
(i) a statutory agent, supervisor of guardian, curator, supervisor of curator, assistant, or supervisor of assistant of the Obligor, etc. prescribed in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act (hereinafter simply referred to as the "Obligor, etc." in this Article) or the person who was formerly an Obligor, etc.;
(ii) the heir of the Obligor, etc. or the person who was formerly an Obligor, etc.;
(iii) a person who made the performance on behalf or in lieu of the Obligor, etc. or the person who was formerly an Obligor, etc.; and
(iv) a person who has been empowered the right of representation for the request under Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act from an Obligor, etc., a person who was formerly an Obligor, etc. or the persons set forth in the preceding items.
(Matters to be Explained in Regard to the Preparation of Specified Notarized Deeds After the Assignment of Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-15 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 20, paragraph (3), item (ii) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be, in cases of failure to perform the obligations stated in the Specified Notarized Deeds, a statement to the effect that the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. may carry out a compulsory execution against the assets of the Obligor, etc. pursuant to the Specified Notarized Deeds without the filing of lawsuit.
(2) The provisions of Article 18, paragraph (2) of the Act shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. prepares the documents to be delivered pursuant to Article 20, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act.
(Matters to be Disclosed upon the Collection After the Assignment of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-16 The matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act shall be the following matters:
(i) facts to be the basis of the right to receive performance of the person conducting collection;
(ii) the matters set forth in the items of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act related to the claim to be collected (excluding the trade name or name of the relevant assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and the matters set forth in Article 13, paragraph (1), item (i), sub-item (r));
(iii) in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, the matters set forth in the items of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act related to the Basic Contract for a Revolving Credit Loan which forms the basis for the relevant contract (excluding the matters set forth in Article 13, paragraph (3), item (i), sub-item (r)); and
(iv) in cases of collecting claims from the guarantor, the matters set forth in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), item (xiv)).
(Notice to the Assignee of the Reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-17 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article shall be the following matters:
(i) that the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. has accrued from the guarantee pertaining to the loan contract made by the Money Lender;
(ii) the matters set forth in the items of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act (excluding the matters set forth in Article 13, paragraph (1), item (i), sub-items (e), (g), (p), and (r) (in cases of a collateral by sale, limited to sub-items (p) and (r)));
(iii) in cases of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. related to a contract for a Revolving Credit Loan, the matters set forth in the items of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act (excluding the matters set forth in Article 13, paragraph (3), item (i), sub-items (e), (g), (o), (p), and (r) (limited to, in cases of a collateral by sale, sub-items (o), (p), and (r), and in cases of intermediary for leasing money, sub-items (p) and (r)), and item (ii), sub-item (c));
(iv) in cases where a guarantee contract is concluded for the relevant claim, the matters set forth in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-4, paragraph (2) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), items (vii) and (xiv)); and
(v) the date of reassignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the reassignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act.
(3) The notice under Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article shall be made in writing.
(4) The notice under Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., be made by the provision of the matters to be notified pursuant to paragraph (1) of that Article as applied mutatis mutandis pursuant to paragraph (2) of that Article by Electromagnetic Means, as provided in the following paragraph. In this case, the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. shall be deemed to have made the notice in writing.
(5) In cases where an assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. intends to provide the matters to be notified under Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article pursuant to the preceding paragraph, such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article to such assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. has given his/her consent again under the preceding paragraph.
(Notice to the Assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-18 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 24-5, paragraph (1) of the Act shall be the following matters:
(i) that the relevant Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment has accrued from the performance of the obligation under the Contract for a Loan made by the Money Lender;
(ii) the matters set forth in the items of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act (excluding the matters set forth in Article 13, paragraph (1), item (i), sub-items (e), (g), (p), and (r) (in cases of a collateral by sale, limited to sub-items (p) and (r)));
(iii) in cases of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment related to a contract for a Revolving Credit Loan, the matters set forth in the items of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act (excluding the matters set forth in Article 13, paragraph (3), item (i), sub-items (e), (g), (o), (p), and (r) (limited to, in cases of a collateral by sale, sub-items (o), (p), and (r), and in cases of intermediary for leasing money, sub-items (p) and (r)), and item (ii), sub-item (c));
(iv) in cases where a guarantee contract is concluded for the relevant claim, the matters set forth in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-3, paragraph (2) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), items (vii) and (xiv)); and
(v) the date of assignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the assignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act.
(3) The notice under Article 24-5, paragraph (1) of the Act shall be made in writing.
(4) The notice under Article 24-5, paragraph (1) of the Act may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, be made by the provision of the matters to be notified pursuant to paragraph (1) of that Article by Electromagnetic Means, as provided in the following paragraph. In this case, the Person Entrusted With Performance shall be deemed to have made the notice in writing.
(5) In cases where a Person Entrusted With Performance intends to provide the matters to be notified under Article 24-5, paragraph (1) of the Act pursuant to the preceding paragraph, such Person Entrusted With Performance shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the Person Entrusted With Performance who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-5, paragraph (1) of the Act to such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment has given his/her consent again under the preceding paragraph.
(Restrictions on Conclusion of Life Insurance Contract, etc. With Regard to the Assigned Right to Obtain Reimbursement Pertaining to Performance under Entrustment)
Article 26-18-2 The contracts specified by Cabinet Office Ordinance as referred to in Article 12-7 of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the contracts set forth in the items of Article 10-10.
(Delivery of Documents Prior to Concluding a Guarantee Contract Related to the Assigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-18-3 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (iv) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items:
(2) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (v) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters specified in Article 12-2, paragraph (4).
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 16-2, paragraph (3), item (vi) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters specified in the items of Article 12-2, paragraph (5) (excluding the matters set forth in item (xiv) of that paragraph).
(4) The provisions of Article 11, paragraph (4), Article 12-2, paragraphs (6) and (8), and Article 13, paragraphs (8) and (11) shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment prepares the documents to be delivered pursuant to Article 16-2, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act.
(Delivery of Documents Prior to Obtaining Consent on Life Insurance Contract, etc. Related to the Assigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-18-4 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 16-3, paragraph (1), item (ii) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters set forth in the items of Article 12-3, paragraph (1):
(2) The provisions of Article 12-3, paragraph (2) shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. prepares the documents to be delivered pursuant to Article 16-3, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act.
(Delivery of Documents With Regard to the Assigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-19 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (1), item (viii) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) (excluding the matters set forth in item (i), sub-items (e), (p), and (r) of that paragraph) according to the category of loan contracts set forth in the respective items.
(2) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (2) according to the category of loan contracts set forth in the respective items (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act, such matters shall be excluded).
(3) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (2), item (vii) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) (excluding the matters set forth in item (i), sub-items (e), (o), (p), and (r) of that paragraph (in cases of intermediary for leasing money, limited to sub-items (p) and (r))) according to the category of loan contracts set forth in the respective items.
(4) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (4) according to the category of loan contracts set forth in the respective items.
(5) The matters specified by Cabinet Office Ordinance as referred to in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters specified in the items of Article 13, paragraph (6) (excluding the matters set forth in Article 12-2, paragraph (5), item (xiv)).
(6) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters specified in the items of Article 13, paragraph (7).
(7) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (2) according to the category of loan contracts to be covered by guarantee set forth in the respective items (in cases where the contents of the changes to the relevant matters are stated in the documents to be delivered pursuant to the second sentence of Article 17, paragraph (5) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act, such matters shall be excluded).
(8) The matters specified by Cabinet Office Ordinance as referred to in the second sentence of Article 17, paragraph (5) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (4) according to the category of loan contracts to be covered by guarantee set forth in the respective items.
(9) The provisions of Article 11, paragraph (4), and Article 13, paragraphs (8), (11) and (15) shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment prepares the documents to be delivered pursuant to Article 17 of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act.
(Delivery of Receipt After the Assignment of Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-20 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (1), item (vi) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the matters set forth in the items of Article 15, paragraph (1).
(2) The provisions of Article 15, paragraph (3) shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment prepares the documents to be delivered pursuant to Article 18, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act.
(3) The documents specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the documents specified in Article 15, paragraph (4).
(4) The provisions of Article 11, paragraph (4), and Article 15, paragraph (5) shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment prepares the documents prescribed in the preceding paragraph.
(5) The procedure specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis by replacing certain terms pursuant to Article 24-5, paragraph (2) of the Act shall be that the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment notifies the following matters to the counterparty to the Contract for a Loan related to the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment and other person who makes performance of all or part of the claim under the relevant contract, and said person who makes performance does not state his/her objections to the matters set forth in items (i) and (ii) within the certain period referred to in item (iii):
(i) a statement to the effect that the documents specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be delivered;
(ii) a statement to the effect that documents containing the matters set forth in the items of Article 18, paragraph (3) of the Act shall be delivered in lieu of the delivery of documents under Article 18, paragraph (1) of the Act, pursuant to Article 18, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act; and
(iii) a statement to the effect that any objections to the matters set forth in the preceding two items shall be stated within a certain period.
(6) The procedure specified by Cabinet Office Ordinance as referred to in Article 18, paragraph (4) of the Act as applied mutatis mutandis by replacing certain terms pursuant to Article 24-5, paragraph (2) of the Act shall be that the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment notifies the following matters to the counterparty to the Contract for a Loan related to the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment and other person who makes performance of all or part of the claim under the relevant contract, and said person who makes performance does not state his/her objections to the matters set forth in items (i) and (ii) within the certain period referred to in item (iii):
(i) a statement to the effect that the matters prescribed in Article 18, paragraph (1) or (3) of the Act or the matters to be stated in the documents specified by Cabinet Office Ordinance under paragraph (3) of that Article shall be provided by Electromagnetic Means in lieu of the delivery of documents required by paragraph (1) of that Article, the delivery of documents specified by Cabinet Office Ordinance under paragraph (3) of that Article, or the delivery of documents to be made in lieu of the delivery of documents under paragraph (1) of that Article pursuant to paragraph (3) of that Article, pursuant to Article 18, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act;
(ii) as the type and details of the Electromagnetic Means to be used, the following matters:
(a) among the methods specified in Article 1-2, paragraph (1), item (ii), the one used by the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment; and
(b) the method of recording into a file;
(iii) a statement to the effect that any objections to the matters set forth in the preceding two items shall be stated within a certain period.
(7) The period referred to in paragraph (5), item (iii) and item (iii) of the preceding paragraph shall not be less than one month.
(Keeping of Books After the Assignment of Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-20-2 The provisions of Article 16 shall apply mutatis mutandis to the case where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment prepares the books prescribed in Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act. In this case, the term "items (ii) to" in Article 16, paragraph (1), item (ii) shall be deemed to be replaced with "items (iv) to," and the phrase "is concluded" in item (iii) of that paragraph shall be deemed to be replaced with "has been concluded or is concluded."
Article 26-20-3 (1) An assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment shall preserve the books prescribed in Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act for each assigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, for at least ten years from the final repayment due date of the relevant Right to Obtain Reimbursement, etc. (in cases where the relevant Right to Obtain Reimbursement, etc. has extinguished upon performance or on any other grounds, the day on which the Right to Obtain Reimbursement, etc. extinguished); provided, however, that, in cases where the relevant Right to Obtain Reimbursement, etc. is one under a contract for a Revolving Credit Loan, the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. shall preserve said books for ten years from, among the final repayment due dates of the assigned Rights to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment under the contract for a Revolving Credit Loan based on the Basic Contract for a Revolving Credit Loan related to the relevant Right to Obtain Reimbursement, etc. (in cases where all of these Rights to Obtain Reimbursement, etc. have extinguished upon performance or on any other grounds, the day on which the Rights to Obtain Reimbursement, etc. extinguished), the latest date.
(2) In cases where the Business Office, etc. of the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment is an Automatic Cash Machine, such assignee shall not be required to keep books.
(Method of Inspection of Books After the Assignment of Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-20-4 An assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment shall, under the provisions of Article 19 of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act, keep the books referred to in Article 19 of the Act at each Business Office, etc. thereof (in cases of a person with no Business Office, etc., his/her domicile or residence), and except in cases provided in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act, provide such books for inspection or copy in response to the person who made such request during its business hours.
(Person Requiring the Inspection, etc. of Books After the Assignment of Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-20-5 The persons specified by Cabinet Office Ordinance as referred to in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the following persons:
(i) a statutory agent, supervisor of guardian, curator, supervisor of curator, assistant, or supervisor of assistant of the Obligor, etc. prescribed in Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act (hereinafter simply referred to as the "Obligor, etc." in this Article) or a person who was formerly an Obligor, etc.;
(ii) the heir of the Obligor, etc. or the person who was formerly an Obligor, etc.;
(iii) a person who made the performance on behalf or in lieu of the Obligor, etc. or the person who was formerly an Obligor, etc.; and
(iv) a person who has been empowered the right of representation for the request under Article 19-2 of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act from an Obligor, etc., a person who was formerly an Obligor, etc. or the persons set forth in the preceding items.
(Matters to be Explained in Regard to the Preparation of Specifies Notarized Deeds After the Assignment of Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-21 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 20, paragraph (3), item (ii) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be, in cases of failure to perform the obligations stated in the Specified Notarized Deeds, a statement to the effect that the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment may carry out a compulsory execution against the assets of the Obligor, etc. pursuant to the Specified Notarized Deeds without the filing of a lawsuit.
(2) The provisions of Article 18, paragraph (2) of the Act shall apply mutatis mutandis to the cases where the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee prepares the documents to be delivered pursuant to Article 20, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act.
(Matters to be Disclosed upon the Collection After the Assignment of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-22 The matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act shall be the following matters:
(i) facts to be the basis of the right to receive performance of the person conducting collection;
(ii) the matters set forth in the items of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act related to the claim to be collected (excluding the trade name or name of the relevant assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment and the matters set forth in Article 13, paragraph (1), item (i), sub-item (r));
(iii) in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, the matters set forth in the items of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act related to the Basic Contract for a Revolving Credit Loan which forms the basis for the relevant contract (excluding the matters set forth in Article 13, paragraph (3), item (i), sub-item (r)); and
(iv) in cases of collecting claims from the guarantor, the matters set forth in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), item (xiv)).
(Notice to the Assignee of the Reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-23 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article shall be the following matters:
(i) that the relevant Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment has accrued from the performance of the obligation under the Contract for a Loan made by the Money Lender;
(ii) the matters set forth in the items of Article 17, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act (excluding the matters set forth in Article 13, paragraph (1), item (i), sub-items (e), (g), (p), and (r) (in cases of a collateral by sale, limited to sub-items (p) and (r)));
(iii) in cases of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment related to a contract for a Revolving Credit Loan, the matters set forth in the items of Article 17, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act (excluding the matters set forth in Article 13, paragraph (3), item (i), sub-items (e), (g), (o), (p), and (r) (limited to, in cases of a collateral by sale, sub-items (o), (p), and (r), and in cases of intermediary for leasing money, sub-items (p) and (r)), and item (ii), sub-item (c));
(iv) in cases where a guarantee contract is concluded for the relevant claim, the matters set forth in Article 17, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-5, paragraph (2) of the Act (excluding the matters set forth in Article 12-2, paragraph (5), items (vii) and (xiv)); and
(v) the date of reassignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the reassignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act.
(3) The notice under Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article shall be made in writing.
(4) The notice under Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, be made by the provision of the matters to be notified pursuant to paragraph (1) of that Article by Electromagnetic Means, as provided in the following paragraph. In this case, the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment shall be deemed to have made the notice in writing.
(5) In cases where an assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment intends to provide the matters to be notified under Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article, pursuant to the preceding paragraph, such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of that Article to such assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment has given his/her consent again under the preceding paragraph.
(Notice to the Assignee of the Claim)
Article 26-23-2 (1) With regard to the cases where the person who engages in the Money Lending Business (excluding Money Lenders; hereinafter the same shall apply in this Article to Article 26-23-19 inclusive) assigns the claim under a loan contract to others, the matters specified by Cabinet Office Ordinance as referred to in Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be the following matters:
(i) the trade name, name and address of the person who engages in the Money Lending Business that concluded the loan contract related to the relevant claim (in cases where the relevant claim is a claim under a contract for a Revolving Credit Loan, statement of the above information may be omitted);
(ii) the date of the loan contract related to the relevant claim;
(iii) the matters set forth in Article 17, paragraph (1), items (iii) to (viii) inclusive of the Act (excluding the matters set forth in Article 13, paragraph (1), item (i), sub-items (a), (e), (g), (m), and (p) to (r) inclusive (limited to, in cases of a discount of negotiable instrument and intermediary for leasing money, sub-items (a), (q), and (r), and in cases of a collateral by sale, sub-items (a) and (p) to (r) inclusive), and in cases where the relevant claim is a claim under a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in the following items). In this case, the term "the Money Lender" in Article 13, paragraph (1), item (i), sub-item (c) shall be deemed to be replaced with "the person who engages in the Money Lending Business."
(iv) in cases where the relevant claim is a claim under a contract for a Revolving Credit Loan, the trade name or name and address of the person who engages in the Money Lending Business that concluded the Basic Contract for a Revolving Credit Loan related to the relevant claim, as well as the matters set forth in Article 17, paragraph (2), items (iv) to (vii) inclusive of the Act (excluding the matters set forth in Article 13, paragraph (3), item (i), sub-items (a), (e), (g), (m), and (o) to (r) inclusive (limited to, in cases of a discount of negotiable instrument, sub-items (a), (q), and (r), in cases of a collateral by sale, sub-items (a) and (o) to (r) inclusive, and in cases of intermediary for leasing money, sub-items (a) and (p) to (r) inclusive), and item (ii), sub-item (c)). In this case the term "the Money Lender" in Article 13, paragraph (3), item (i), sub-item (c) shall be deemed to be replaced with "the person who engages in the Money Lending Business."
(v) in cases where a guarantee contract is concluded for the relevant claim, the following matters:
(a) the trade name, name and address of the person who engages in the Money Lending Business;
(b) the matters set forth in Article 16-2, paragraph (3), items (ii) to (vi) inclusive of the Act (excluding the matters set forth in Article 12-2, paragraph (5), items (iii), (vii), (xiii), and (xiv)). In this case, the term "the Money Lender" in Article 12-2, paragraph (5), item (v) shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(c) the date of the guarantee contract;
(vi) the date of assignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the assignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act.
(3) The notice under Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be made in writing.
(4) The notice under Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the claim, be made by the provision of the matters to be notified pursuant to Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act by Electromagnetic Means, as provided in the following paragraph. In this case, the person who engages in the Money Lending Business shall be deemed to have made the notice in writing.
(5) In cases where a person who engages in the Money Lending Business intends to provide the matters to be notified under Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act, pursuant to the preceding paragraph, such person who engages in the Money Lending Business shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the claim and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the claim states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the person who engages in the Money Lending Business who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act to such assignee of the claim by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the claim has given his/her consent again under the preceding paragraph.
Article 26-23-3 Deleted
(Matters to be Disclosed upon the Collection After the Assignment of the Claim)
Article 26-23-4 With regard to the cases where the claim under the loan contract made by a person who engages in the Money Lending Business has been assigned, the matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be the following matters:
(i) facts to be the basis of the right to receive performance of the person conducting collection;
(ii) the following matters related to the claim to be collected (in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, excluding the matters same as those set forth in the following item):
(a) the trade name, name and address of the person who engages in Money Lending Business that concluded a loan contract related to the relevant claim;
(b) the date of the acceptance of the assignment of the claim and the date of the loan contract related to said claim;
(c) the amount of Loan and the amount of the assigned claim;
(d) the matters set forth in Article 17, paragraph (1), items (iv) to (vii) inclusive of the Act;
(e) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) according to the category of loan contracts set forth in the respective items (excluding the matter set forth in item (i), sub-items (a), (e), (m), and (p) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), (q), and (r))). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business.";
(iii) in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, the following matters related to the Basic Contract for a Revolving Credit Loan which forms the basis for the relevant contract:
(a) the trade name, name and address of the person who engages in the Money Lending Business that concluded the Basic Contract for a Revolving Credit Loan related to the relevant claim;
(b) the matters set forth in Article 17, paragraph (2), items (iv) to (vi) inclusive of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (m), and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), and (p) to (r) inclusive)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(iv) in cases of collecting claims from the guarantor, the following matters:
(a) the trade name, name and address of the assignee of the claim and the person who engages in the Money Lending Business that concluded a loan contract related to said claim;
(b) the matters set forth in Article 16-2, paragraph (3), items (ii), (iii) and (v) of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contacts set forth in the respective items;
(d) the matters set forth in the items of Article 12-2, paragraph (5) (excluding the matters set forth in items (iii), (xiii), and (xiv) of that paragraph). In this case, the term "the Money Lender" in item (v) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(e) the date of the guarantee contract.
(Notice to the Assignee of the Reassigned Claim)
Article 26-23-5 (1) With regard to the assignee of the claim under the loan contract made by a person who engages in the Money Lending Business, the matters specified by Cabinet Office Ordinance as referred to in Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be the following matters:
(i) the trade name, name and address of the assignee of the claim and the person who engages in the Money Lending Business that concluded a loan contract related to said claim (in cases of a claim under the contract for a Revolving Credit Loan, statement of the trade name, name and address of the person who engages in the Money Lending Business that concluded a loan contract related to said claim may be omitted);
(ii) the date of acceptance of the assignment of the claim and the date of the loan contract related to said claim;
(iii) the amount of Loan and the amount of assigned claim;
(iv) the matters set forth in Article 17, paragraph (1), items (iv) to (vii) inclusive of the Act (in cases where the relevant claim is a claim under a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in the item (vi));
(v) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (g), (m), and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), (q), and (r)), and in cases where the relevant claim is a claim under a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in the item (vii)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business."
(vi) in cases where the relevant claim is a claim under a contract for a Revolving Credit Loan, the trade name or name and address of the person who engages in the Money Lending Business and with whom the Basic Contract for a Revolving Credit Loan related to said claim has been concluded, as well as the matters set forth in Article 17, paragraph (2), items (iv) to (vi) inclusive of the Act;
(vii) in cases where the relevant claim is a claim under a contract for a Revolving Credit Loan, the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (g), (m), and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), (q), and (r))). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business."
(viii) in cases where a guarantee contract is concluded for the relevant claim, the following matters:
(a) the trade name, name and address of the assignee of the claim and the person who engages in the Money Lending Business that concluded a loan contract related to said claim;
(b) the matters set forth in Article 16-2, paragraph (3), items (ii), (iii) and (v) of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items;
(d) the matters set forth in the items of Article 12-2, paragraph (5) (excluding the matters set forth in items (iii), (vii), (xiii), and (xiv) of that paragraph). In this case, the term "the Money Lender" in item (v) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(e) the date of the guarantee contract; and
(ix) the date of reassignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the reassignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act.
(3) The notice under Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act which is to be made by the assignee of the claim under the loan contract made by a person who engages in the Money Lending Business shall be made in writing.
(4) The notice under Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act which is to be made by the assignee of the claim under the loan contract made by a person who engages in the Money Lending Business may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the reassigned claim, be made by the provision of the matters to be notified pursuant to Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act by Electromagnetic Means, as provided in the following paragraph. In this case, the person who engages in the Money Lending Business shall be deemed to have made the notice in writing.
(5) In cases where an assignee of the claim under the loan contract made by a person who engages in the Money Lending Business intends to provide the matters to be notified under Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act, pursuant to the preceding paragraph, such assignee of the claim under the loan contract made by a person who engages in the Money Lending Business shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the reassigned claim and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the reassigned claim states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the assignee of the claim under the loan contract made by the person who engages in the Money Lending Business who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act to such assignee of the reassigned claim by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the reassigned claim has given his/her consent again under the preceding paragraph.
(Notice to Guarantee Business Operators)
Article 26-23-6 (1) The notice under Article 24-2, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be made in writing.
(2) The notice under Article 24-2, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act may, in lieu of the notice in writing under the preceding paragraph and with the consent of the Guarantee Business Operator, be made by the provision of the matters to be notified pursuant to Article 24-2, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act by Electromagnetic Means, as provided in the following paragraph. In this case, the person who engages in the Money Lending Business shall be deemed to have made the notice in writing.
(3) In cases where a person who engages in the Money Lending Business intends to provide the matters to be notified under Article 24-2, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act, pursuant to the preceding paragraph, such person who engages in the Money Lending Business shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the Guarantee Business Operator and obtain the consent therefrom, in writing or by Electromagnetic Means.
(4) When the Guarantee Business Operator states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the Money Lender who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-2, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act to such Guarantee Business Operator by Electromagnetic Means; provided, however, that this shall not apply to cases where such Guarantee Business Operator has given his/her consent again under the preceding paragraph.
Article 26-23-7 Deleted
(Matters to be Disclosed upon the Collection After the Acquisition of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-23-8 With regard to the cases where a Guarantee Business Operator has acquired the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., the matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be the following matters:
(i) facts to be the basis of the right to receive performance of the person conducting collection;
(ii) the following matters related to the claim to be collected (in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, excluding the matters same as those set forth in the following item):
(a) the trade name, name and address of the assignee of the claim and the person who engages in Money Lending Business that concluded a loan contract related to the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(b) the date of acquisition of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and the date of the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(c) the amount of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and the amount of Loan under the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(d) the matters set forth in Article 17, paragraph (1), items (iv) to (vii) inclusive of the Act;
(e) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (m), and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), (q), and (r))). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business."
(iii) in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, the following matters related to the Basic Contract for a Revolving Credit Loan which forms the basis for the relevant contract:
(a) the trade name, name and address of the person who engages in the Money Lending Business that concluded a Basic Contract for a Revolving Credit Loan related to the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(b) the matters set forth in Article 17, paragraph (2), items (iv) to (vi) inclusive of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (m) and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), and (p) to (r) inclusive)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(iv) in cases of collecting claims from the guarantor, the following matters:
(a) the trade name, name and address of the Guarantee Business Operator and the person who engages in the Money Lending Business that concluded a Basic Contract for a Revolving Credit Loan related to the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(b) the matters set forth in Article 16-2, paragraph (3), items (ii), (iii) and (v) of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items;
(d) the matters set forth in the items of Article 12-2, paragraph (5) (excluding the matters set forth in items (iii), (xiii), and (xiv) of that paragraph). In this case, the term "the Money Lender" in item (v) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(e) the date of the guarantee contract.
(Notice to Persons Entrusted With Performance)
Article 26-23-9 (1) The notice under Article 24-3, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be made in writing.
(2) The notice under Article 24-3, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act may, in lieu of the notice in writing under the preceding paragraph and with the consent of the Person Entrusted With Performance, be made by the provision of the matters to be notified pursuant to Article 24-3, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act by Electromagnetic Means, as provided in the following paragraph. In this case, the person who engages in the Money Lending Business shall be deemed to have made the notice in writing.
(3) In cases where a person who engages in the Money Lending Business intends to provide the matters to be notified under Article 24-3, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act, pursuant to the preceding paragraph, such person who engages in the Money Lending Business shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the Person Entrusted With Performance and obtain the consent therefrom, in writing or by Electromagnetic Means.
(4) When the Person Entrusted With Performance states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the Money Lender who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-3, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act to such Person Entrusted With Performance by Electromagnetic Means; provided, however, that this shall not apply to cases where such Person Entrusted With Performance has given his/her consent again under the preceding paragraph.
Article 26-23-10 Deleted
(Matters to be Disclosed upon the Collection After the Acquisition of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-23-11 With regard to the cases where the person who makes performance of the obligation under the Contract for a Loan made by a person who engages in the Money Lending Business with the entrustment of said person who engages in the Money Lending Business has acquired the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, the matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be the following matters:
(i) facts to be the basis of the right to receive performance of the person conducting collection;
(ii) the following matters related to the claim to be collected (in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, excluding the matters same as those set forth in the following item):
(a) the trade name, name and address of the person who engages in the Money Lending Business that entrusted the performance to the relevant Person Entrusted With Performance;
(b) the date of acquisition of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, and the date of the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment;
(c) the amount of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, and the amount of Loan under the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment;
(d) the matters set forth in Article 17, paragraph (1), items (iv) to (vii) inclusive of the Act;
(e) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (m), and (p) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), (q) and (r))). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(iii) in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, the following matters related to the Basic Contract for a Revolving Credit Loan which forms the basis for the relevant contract:
(a) the trade name, name and address of the Guarantee Business Operator and the person who engages in the Money Lending Business that concluded a Basic Contract for a Revolving Credit Loan related to the relevant Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment;
(b) the matters set forth in Article 17, paragraph (2), items (iv) to (vi) inclusive of the Act; and
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (m), and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), and (p) to (r) inclusive)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(iv) in cases of collecting claims from the guarantor, the following matters:
(a) the trade name, name and address of the Person Entrusted With Performance and the Guarantee Business Operator and the person who engages in the Money Lending Business that entrusted the performance to said Person Entrusted With Performance;
(b) the matters set forth in Article 16-2, paragraph (3), items (ii), (iii) and (v) of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items;
(d) the matters set forth in the items of Article 12-2, paragraph (5) (excluding the matters set forth in items (iii), (xiii), and (xiv) of that paragraph). In this case, the term "the Money Lender" in item (v) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(e) the date of the guarantee contract.
(Notice to the Assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-23-12 (1) With regard to the cases where a Guarantee Business Operator assigns the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. to others, the matters specified by Cabinet Office Ordinance as referred to in Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be the following matters:
(i) that the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. has accrued from the guarantee pertaining to the loan contract made by a person who engages in the Money Lending Business;
(ii) the trade name, name and address of the Guarantee Business Operator and the person who engages in the Money Lending Business that concluded a loan contract related to the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. (in cases of a Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. related to a contract for a Revolving Credit Loan, statements of the trade name, name and address of the person who engages in the Money Lending Business that concluded a loan contract related to the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. may be omitted);
(iii) the date of acquisition of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and the date of the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(iv) the amount of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and the amount of the Loan under the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(v) the matters set forth in Article 17, paragraph (1), items (iv) to (vii) inclusive of the Act (in cases of a Right to Obtain Reimbursement, etc. Pertaining to Guarantee related to a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in item (vii));
(vi) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (g), (m), and (p) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), (q) and (r)), and in cases of a Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. related to a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in item (viii)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(vii) in cases of a Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. related to the contract for a Revolving Credit Loan, the trade name, name and address of the person who engages in the Money Lending Business that concluded a Basic Contract for a Revolving Credit Loan related to the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., and the matters set forth in Article 17, paragraph (2), items (iv) to (vi) inclusive of the Act;
(viii) in cases of a Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (g), (m), and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), and (p) to (r) inclusive)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(ix) in cases where a guarantee contract is concluded for the relevant claim, the following matters:
(a) the trade name, name and address of the Guarantee Business Operator and the person who engages in the Money Lending Business that concluded a loan contract related to the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(b) the matters set forth in Article 16-2, paragraph (3), items (ii), (iii) and (v) of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items;
(d) the matters set forth in the items of Article 12-2, paragraph (5) (excluding the matters set forth in items (iii), (vii), (xiii), and (xiv) of that paragraph). In this case, the term "the Money Lender" in item (v) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(e) the date of the guarantee contract; and
(x) the date of assignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the assignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act.
(3) The notice under Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act which is to be made by a Guarantee Business Operator shall be made in writing.
(4) The notice under Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act which is to be made by the Guarantee Business Operator may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., be made by the provision of the matters to be notified pursuant to Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act by Electromagnetic Means, as provided in the following paragraph. In this case, the Guarantee Business Operator shall be deemed to have made the notice in writing.
(5) In cases where a Guarantee Business Operator intends to provide the matters to be notified under Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act, pursuant to the preceding paragraph, such Guarantee Business Operator shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the Guarantee Business Operator who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act to such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. has given his/her consent again under the preceding paragraph.
Article 26-23-13 Deleted
(Matters to be Disclosed upon the Collection After the Assignment of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-23-14 With regard to case where the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. has been assigned, the matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be the following matters:
(i) facts to be the basis of the right to receive performance of the person conducting collection;
(ii) the following matters related to the claim to be collected (in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, excluding the matters same as those set forth in the following item):
(a) the trade name, name and address of the Guarantee Business Operator that acquired the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc and the person who engages in the Money Lending Business that concluded a loan contract related to the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(b) the date of acceptance of the assignment of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., the date of acquisition of said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, and the date of the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(c) the amount of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and the amount of the Loan under the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(d) the matters set forth in Article 17, paragraph (1), items (iv) to (vii) inclusive of the Act;
(e) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (m), and (p) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), (q), and (r))). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(iii) in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, the following matters related to the Basic Contract for a Revolving Credit Loan which forms the basis for the relevant contract:
(a) the trade name, name and address of the person who engages in the Money Lending Business that concluded a Basic Contract for a Revolving Credit Loan related to the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(b) the matters set forth in Article 17, paragraph (2), items (iv) to (vi) inclusive of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (m) and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), and (p), to (r) inclusive)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(iv) in cases of collecting claims from the guarantor, the following matters:
(a) the trade name, name and address of the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., of the Guarantee Business Operator that acquired said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., and of the person who engages in the Money Lending Business that concluded a loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(b) the matters set forth in Article 16-2, paragraph (3), items (ii), (iii), and (v) of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items;
(d) the matters set forth in the items of Article 12-2, paragraph (5) (excluding the matters set forth in items (iii), (xiii), and (xiv) of that paragraph). In this case, the term "the Money Lender" in item (v) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(e) the date of the guarantee contract.
(Notice to the Assignee of the Reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.)
Article 26-23-15 (1) With regard to the cases where the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. has been assigned, the matters specified by Cabinet Office Ordinance as referred to in Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be the following matters:
(i) that the relevant Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. has accrued from the guarantee pertaining to the loan contract made by a person who engages in the Money Lending Business;
(ii) the trade name, name and address of the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., of the Guarantee Business Operator that acquired said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., and of the person who engages in the Money Lending Business that concluded a loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. (in cases of a Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. related to the contract for a Revolving Credit Loan, statements of the trade name, name and address of the person who engages in the Money Lending Business that concluded a loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. may be omitted);
(iii) the date of acceptance of the assignment of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., the date of acquisition of said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., and the date of the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(iv) the amount of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and the amount of the Loan under the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(v) the matters set forth in Article 17, paragraph (1), items (iv) to (vii) inclusive of the Act (in cases of a Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., excluding the matters of the same content as those set forth in item (vii));
(vi) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (g), (m), and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), (q), and (r)), and in cases where the relevant claim is a claim under a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in the item (viii)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(vii) in cases of a Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. related to the contract for a Revolving Credit Loan, the trade name, name and address of the person who engages in Money Lending Business that concluded a Basic Contract for a Revolving Credit Loan related to said Right to Obtain Reimbursement Pertaining to Guarantee, etc., or the matters set forth in Article 17, paragraph (2), items (iv) to (vi) inclusive of the Act;
(viii) in cases of a Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. related to a contract for a Revolving Credit Loan, the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (g), (m), and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), and (p) to (r) inclusive)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(ix) in cases where a guarantee contract is concluded for the relevant claim, the following matters:
(a) the trade name, name and address of the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., of the Guarantee Business Operator that acquired said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., and of the person who engages in the Money Lending Business that concluded a loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc.;
(b) the matters set forth in Article 16-2, paragraph (3), items (ii), (iii) and (v) of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items;
(d) the matters set forth in the items of Article 12-2, paragraph (5) (excluding the matters set forth in items (iii), (vii), (xiii), and (xiv) of that paragraph). In this case, the term "the Money Lender" in item (v) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(e) the date of the guarantee contract; and
(x) the date of reassignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the reassignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act.
(3) The notice under Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act which is to be made by the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. shall be made in writing.
(4) The notice under Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act which is to be made by the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., be made by the provision of the matters to be notified pursuant to Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act by Electromagnetic Means, as provided in the following paragraph. In this case, the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. shall be deemed to have made the notice in writing.
(5) In cases where an assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. intends to provide the matters to be notified under Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act pursuant to the preceding paragraph, such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-4, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act to such assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. has given his/her consent again under the preceding paragraph.
(Notice to the Assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-23-16 (1) With regard to the cases where a person who has made the performance of obligation under the Contract for a Loan made by a person who engages in the Money Lending Business with the entrustment of said person who engages in the Money Lending Business assigns the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. to others, the matters specified by Cabinet Office Ordinance as referred to in Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be the following matters:
(i) that the relevant Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment has accrued from the performance of the obligation under the Contract for a Loan made by a person who engages in the Money Lending Business;
(ii) the trade name, name and address of the Person Entrusted With Performance and of the person who engages in the Money Lending Business that entrusted the performance to said Person Entrusted With Performance (in cases of a Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment related to the contract for a Revolving Credit Loan, statements of the trade name, name and address of the person who engages in the Money Lending Business may be omitted);
(iii) the date of acquisition of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, and the date of the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment;
(iv) the amount of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, and the amount of the Loan under the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment;
(v) the matters set forth in Article 17, paragraph (1), items (iv) to (vii) inclusive of the Act (in cases of a Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment related to a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in item (vii));
(vi) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (g), (m), and (p) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), (q), and (r)), and in cases of a Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, excluding the matters of the same content as those set forth in item (viii)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(vii) in cases of a Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment related to the contract for a Revolving Credit Loan, the trade name, name and address of the person who engages in the Money Lending Business that concluded a Basic Contract for a Revolving Credit Loan related to said Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, or the matters set forth in Article 17, paragraph (2), items (iv) to (vi) inclusive of the Act;
(viii) in cases of a Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment related to a contract for a Revolving Credit Loan, the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (g), (m), and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), and (p) to (r) inclusive)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(ix) in cases where a guarantee contract is concluded for the relevant claim, the following matters:
(a) the trade name, name and address of the Person Entrusted With Performance and of the person who engages in the Money Lending Business that entrusted the performance to said Person Entrusted With Performance;
(b) the matters set forth in Article 16-2, paragraph (3), items (ii), (iii) and (v) of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items;
(d) the matters set forth in the items of Article 12-2, paragraph (5) (excluding the matters set forth in items (iii), (vii), (xiii), and (xiv) of that paragraph). In this case, the term "the Money Lender" in item (v) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(e) the date of the guarantee contract; and
(x) the date of assignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the assignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act.
(3) The notice under Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act which is to be made by the Person Entrusted With Performance shall be made in writing.
(4) The notice under Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act which is to be made by the Person Entrusted With may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, be made by the provision of the matters to be notified pursuant to Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act by Electromagnetic Means, as provided in the following paragraph. In this case, the Person Entrusted With Performance shall be deemed to have made the notice in writing.
(5) In cases where a Person Entrusted With Performance intends to provide the matters to be notified under Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act, pursuant to the preceding paragraph, such Person Entrusted With Performance shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the Person Entrusted With Performance who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-5, paragraph (1) of the Act As applied mutatis mutandis pursuant to Article 24-6 of the Act to such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment has given his/her consent again under the preceding paragraph.
Article 26-23-17 Deleted
(Matters to be Disclosed upon the Collection After the Assignment of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-23-18 With regard to the cases where the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment has been assigned, the matters specified by Cabinet Office Ordinance as referred to in Article 21, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be the following matters:
(i) facts to be the basis of the right to receive performance of the person conducting collection;
(ii) the following matters related to the claim to be collected (in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, excluding the matters same as those set forth in the following item):
(a) the trade name, name and address of the Person Entrusted With Performance and of the person who engages in the Money Lending Business that entrusted the performance to said Person Entrusted With Performance;
(b) the date of acceptance of the assignment of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, the date of acquisition of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, and the date of the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment;
(c) the amount of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, and the amount of the Loan under the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment;
(d) the matters set forth in Article 17, paragraph (1), items (iv) to (vii) inclusive of the Act;
(e) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (m), and (p) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), (q), and (r))). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(iii) in cases where the claim to be collected is one under a contract for a Revolving Credit Loan, the following matters related to the Basic Contract for a Revolving Credit Loan which forms the basis for the relevant contract:
(a) the trade name, name and address of the person who engages in Money Lending Business that concluded a Basic Contract for a Revolving Credit Loan related to the relevant Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment;
(b) the matters set forth in Article 17, paragraph (2), items (iv) to (vi) inclusive of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (m) and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), and (p) to (r) inclusive)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business";
(iv) in cases of collecting claims from the guarantor, the following matters:
(a) the trade name, name and address of the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, of the Person Entrusted With Performance and of the person who engages in the Money Lending Business that entrusted the performance to said Person Entrusted With Performance;
(b) the matters set forth in Article 16-2, paragraph (3), items (ii), (iii), and (v) of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items;
(d) the matters set forth in the items of Article 12-2, paragraph (5) (excluding the matters set forth in items (iii), (xiii), and (xiv) of that paragraph). In this case, the term "the Money Lender" in item (v) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business"; and
(e) the date of the guarantee contract.
(Notice to the Assignee of the Reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment)
Article 26-23-19 (1) With regard to the cases where the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment has been assigned, the matters specified by Cabinet Office Ordinance as referred to in Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act shall be the following matters:
(i) that the relevant Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment has accrued from the performance of the obligation under the Contract for a Loan made by a person who engages in the Money Lending Business;
(ii) the trade name, name and address of the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, of the Person Entrusted With Performance, and of the person who engages in Money Lending Business that entrusted the performance to said Person Entrusted With Performance (in cases of a Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment related to a contract for a Revolving Credit Loan, statements of the trade name, name and address of the person who engages in the Money Lending Business that entrusted the performance to said Person Entrusted With Performance may be omitted);
(iii) the date of acceptance of the assignment of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, the date of acquisition of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, and the date of the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment;
(iv) the amount of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, and the amount of the Loan under the loan contract related to said Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment;
(v) the matters set forth in Article 17, paragraph (1), items (iv) to (vii) inclusive of the Act (in cases of a Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment related to a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in item (vii));
(vi) the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (1) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (g), (m), and (p) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), (q), and (r)), and in cases of a Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment related to a contract for a Revolving Credit Loan, excluding the matters of the same content as those set forth in item (viii)). In this cases, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business;"
(vii) in cases of a Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment related to a contract for a Revolving Credit Loan, the trade name, name and address of the person who engages in the Money Lending Business that that concluded a Basic Contract for a Revolving Credit Loan related to said Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, or the matters set forth in Article 17, paragraph (2), items (iv) to (vi) inclusive of the Act;
(viii) in cases of a Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment related to a contract for a Revolving Credit Loan, the matters specified in the items (excluding items (ii) and (iii)) of Article 13, paragraph (3) according to the category of loan contracts set forth in the respective items (excluding the matters set forth in item (i), sub-items (a), (e), (g), (m), and (o) to (r) inclusive of that paragraph (in cases of an intermediary for leasing money, limited to sub-items (a), and (p) to (r) inclusive)). In this case, the term "the Money Lender" in item (i), sub-item (c) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business;"
(ix) in cases where a guarantee contract is concluded for the relevant claim, the following matters:
(a) the trade name, name and address of the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, of the Person Entrusted With Performance, and of the person who engages in the Money Lending Business that entrusted the performance to said Person Entrusted With Performance;
(b) the matters set forth in Article 16-2, paragraph (3), items (ii), (iii), and (v) of the Act;
(c) the matters specified in the items (excluding items (ii) and (iii)) of Article 12-2, paragraph (3) according to the category of loan contracts set forth in the respective items;
(d) the matters set forth in the items of Article 12-2, paragraph (5) (excluding the matters set forth in items (iii), (vii), (xiii), and (xiv) of that paragraph). In this case, the term "the Money Lender" in item (v) of that paragraph shall be deemed to be replaced with "the person who engages in the Money Lending Business;" and
(e) the date of the guarantee contract; and
(x) the date of reassignment and the amount of the relevant claim.
(2) The provisions of the preceding paragraph shall not apply to the reassignment of the claim stated on the mortgage securities prescribed in Article 1, paragraph (1) of the Mortgage Securities Act.
(3) The notice under Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act which is to be made by the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment shall be made in writing.
(4) The notice under Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act which is to be made by the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment may, in lieu of the notice in writing under the preceding paragraph and with the consent of the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment, be made by the provision of the matters to be notified pursuant to Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act by Electromagnetic Means, as provided in the following paragraph. In this case, the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. shall be deemed to have made the notice in writing.
(5) In cases where an assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment intends to provide the matters to be notified under Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act, pursuant to the preceding paragraph, such assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment shall, in advance, indicate the type and details of the Electromagnetic Means to be used to the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment and obtain the consent therefrom, in writing or by Electromagnetic Means.
(6) When the assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment states to the effect that he/she shall not receive the provision of such matters by Electromagnetic Means, either in writing or by Electromagnetic Means, the assignee of the Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment who has previously obtained consent under the preceding paragraph shall not provide the matters to be notified pursuant to Article 24-5, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 24-6 of the Act to such assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment by Electromagnetic Means; provided, however, that this shall not apply to cases where such assignee of the reassigned Right to Obtain Reimbursement, etc. Pertaining to Performance under Entrustment has given his/her consent again under the preceding paragraph.
(Close Relationship with Money Lenders)
Article 26-24 (1) The requirements specified by Cabinet Office Ordinance as referred to in Article 3-7, item (iv) of the Order shall be any of the following requirements:
(i) that the total voting rights pertaining to the Shares, etc. of the relevant Money Lender held by the following persons in his/her own name or another person's name (including a fictious name; hereinafter the same shall apply in this Article) is exceeding 50 percent of the Voting Rights Held by All the Shareholders, etc. of said Money Lender:
(a) in cases where the claim under the loan contract made by a Money Lender has been assigned, the assignee of such claim, as provided in Article 24, paragraph (2) of the Act, and in cases where the Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc. has been acquired, the Guarantee Business Operator that has acquired said Right to Obtain Reimbursement, etc. Pertaining to Guarantee, etc., as provided in Article 24-2, paragraph (2) of the Act, or the Person Entrusted With Performance provided in Article 24-3, paragraph (2) of the Act;
(b) in cases where the person set forth in sub-item (a) above is a juridical person (including associations and foundations that is not a juridical person), the Officers (meaning, in cases where the relevant juridical person is a stock company, the director, accounting advisor (including, in cases where the accounting advisor is a juridical person, the member who is to perform its duties), auditor, and executive officer; in cases where the relevant juridical person is a general incorporated association or general incorporated foundation, the director and auditor thereof; and in cases where the relevant juridical person is an association or foundation that is not a juridical person, the representative person, administrator or the member in charge of executing business thereof; hereinafter the same shall apply in this Article) and the Major Shareholders (meaning persons who hold Shares, etc. related to voting rights exceeding 10 percent or more of the Voting Rights Held by All the Shareholders, etc. of the juridical person (including an association or foundation that is not a juridical person; hereinafter the same shall apply in this Article) in his/her own name or another person's name; hereinafter the same shall apply in this Article) of the relevant juridical person;
(c) in cases where the person set forth in sub-item (a) or (b) is an individual, the relatives thereof;
(d) in cases where the Major Shareholder set forth in sub-item (b) is a juridical person, the Officers thereof, the Affiliated Parent Juridical Person (meaning, in cases where a single juridical person or said juridical person and the Affiliated Subsidiary Juridical Person (meaning, in cases where a juridical person holds Shares, etc. pertaining to voting rights exceeding 50 percent of the Voting Rights Held be All the Shareholders, etc. of another juridical person in its own name or another person's name, said other juridical person; hereinafter the same shall apply in this Article) thereof holds Share, etc. pertaining to voting rights exceeding 50 percent of the Voting Rights Held by All the Shareholders, etc. of another juridical person in its (their) own name or another person's name, the first-mentioned juridical person; hereinafter the same shall apply in this Article), and Semi-Affiliated Parent Juridical Person (meaning, in cases where a single juridical person or said juridical person and the Affiliated Subsidiary Juridical Person thereof holds Shares, etc. pertaining to voting rights exceeding 50 percent of the Voting Rights Held by All the Shareholders, etc. of the Affiliated Parent Juridical Person in their own name or another person's name, said juridical person; hereinafter the same shall apply in this Article) thereof, as well as the Officers of such Affiliated Juridical Persons;
(e) in cases where the persons set forth in sub-items (a) to (d) inclusive holds Shares, etc. pertaining to voting rights exceeding 50 percent of the Voting Rights Held by All the Shareholders, etc. of a juridical person in its own name or another person's name, said juridical person and the Officers thereof;
(f) the Affiliated Subsidiary Juridical Person and Semi-Affiliated Subsidiary Juridical Person (meaning, in cases where an Affiliated Subsidiary Juridical Person or the Affiliated Subsidiary Juridical Person and the Affiliated Subsidiary Juridical Person thereof holds Shares, etc. pertaining to voting rights exceeding 50 percent of the Voting Rights Held by All the Shareholders, etc. of another juridical person in its their own name or another person's name, said other juridical person; hereinafter the same shall apply in this Article) of the juridical person set forth in sub-item (e) as well as the Officers thereof;
(g) the relatives of the Officers set forth in sub-items (d) to (f) inclusive;
(ii) that the person who was formerly an Officer or the employee of the persons set forth in sub-item (a) of the preceding item, and persons set forth in sub-items (a) to (g) inclusive of the preceding item consists the majority of the Officers of the relevant Money Lender, or are the Officers with the right of representation of such Money Lender.
(2) The requirements specified by Cabinet Office Ordinance as referred to in Article 3-7, item (v) of the Order shall be any of the following requirements:
(i) that the total voting rights pertaining to Shares, etc. of the person set forth in item (i), sub-item (a) of the preceding paragraph held by the following persons in his/her own name or another person's name is exceeding 50 percent of the Voting Rights Held by All the Shareholders, etc. of said person set forth in item (i), sub-item (a) of the preceding paragraph:
(a) the relevant Money Lender;
(b) in cases where the relevant Money Lender is a juridical person, the Officers and Major Shareholder(s) thereof;
(c) in cases where the person set forth in sub-item (a) or (b) is an individual, the relatives thereof;
(d) in cases where the Major Shareholder set forth in sub-item (b) is a juridical person, the Officers thereof, the Affiliated Parent Juridical Person and Semi-Affiliated Parent Juridical Person of the relevant Major Shareholder as well as the Officers of such Affiliated Parent Juridical Persons;
(e) in cases where the persons set forth in sub-items (a) to (d) inclusive hold Shares, etc. pertaining to voting rights exceeding 50 percent of the Voting Rights Held by All the Shareholders, etc. of a juridical person in their own name or another person' name, said juridical person and the Officers thereof;
(f) the Affiliated Subsidiary Juridical Person, Semi-Affiliated Subsidiary Juridical Person of the juridical person set forth in sub-item (e) and the Officers thereof; and
(g) the relatives of the Officers set forth in sub-items (d) to (f) inclusive; or
(ii) that the person who was formerly the Officers and the employee of the relevant Money Lender and the persons set forth in sub-items (a) to (g) inclusive of the preceding item consists the majority of the Officers of the person set forth in item (i), sub-item (a) of the preceding paragraph, or are the Officers with the right of representation of such Money Lender.
(Notification of Commencement, etc.)
Article 26-25 (1) The cases specified by Cabinet Office Ordinance as referred to in Article 24-6-2, item (iv) of the Act shall be the following matters:
(i) cases where the Money Lender has come to fall under Article 6, paragraph (1), item (i), (iv) to (vii) inclusive or (xiii) of the Act;
(ii) cases where the Money Lender is a minor who does not have the legal capacity same as an adult with regard to business, and where such Money Lender has come to know the fact that the Statutory Agent of such Money Lender (simply referred to as the "Statutory Agent" in Article 26-27, item (iii)), or the Officers or Important Employee thereof has come to fall under Article 6, paragraph (1), item (i) or (iv) to (vii) inclusive of the Act;
(iii) cases where the Money Lender whose amount of net assets is less than the amount specified in Article 3-2 of the Order continues to engage in the Money Lending Business by satisfying the requirements set forth in Article 5-3, item (ii), sub-items (a) to (d) inclusive;
(iv) cases where a Money Lender that is a person whose amount of net assets is less than the amount specified in Article 3-2 of the Order and that has obtained the registration under Article 3, paragraph (1) of the Act by satisfying the requirements set forth in Article 5-3, item (ii), sub-items (a) to (d) inclusive (including the Money Lenders continuously engaged in the Money Lending Business by making the notification under the preceding item) no longer satisfies the requirements set forth in Article 5-3, item (ii);
(v) cases where the Money Lender has assigned the claim under the loan contract to other persons (excluding cases were the provisions of Article 24 of the Act are not applied pursuant to the provisions of laws and regulations);
(vi) cases where the Money Lender comes to know that the Officers or employees thereof has conducted acts in violations of laws and regulations in relation to the Money Lending Business or acts impairing the proper management of the Money Lending Business;
(vii) cases where the Money Lender has made the conclusion of a guarantee contract with a specific Guarantee Business Operator as the ordinary condition for concluding a loan contract;
(viii) cases where the Money Lender has entrusted the Money Lending Business to a third party or where such Money Lender has terminated the entrustment of such Money Lending Business; and
(ix) cases where the Money Lender has joined or withdrew from the Money Lending Association.
(2) Where a Money Lender has come to fall under any of the items of Article 24-6-2 of the Act, such Money Lender shall notify to the effect to the Competent Director-General of the Local Finance Bureau or prefectural governor within two weeks from the relevant day.
(Matters to be Stated on the Written Notification)
Article 26-26 A Money Lender who intends to make the notification under Article 24-6-2 of the Act shall submit to the Competent Director-General of the Local Finance Bureau or prefectural governor the written notification stating the matters specified in the following items according to the category of cases set forth in the respective items:
(i) cases where the Money Lender falls under the case set forth in Article 24-6-2, item (i) of the Act: the date of commencement, the period of suspension or the date of resumption and the reasons for the suspension or resumption;
(ii) cases where the Money Lender falls under the case set forth in Article 24-6-2, item (ii) of the Act: the following matters:
(a) the date of conclusion or termination of the Credit Information Contract (meaning the Credit Information Contract as prescribed in Article 41-20, paragraph (1), item (i) of the Act; the same shall apply hereinafter); and
(b) the trade name or name and address of the counterparty to the Credit Information Contract;
(iii) cases where the Money Lender falls under the case set forth in Article 24-6-2, item (iii) of the Act: the date on which the amount of net assets of the Money Lender has come to be less than the amount specified in Article 3-2 of the Order and the reasons therefor;
(iv) cases where the Money Lender falls under the case set forth in paragraph (1), item (i) or (ii) of the preceding Article: the following matters:
(a) the name of the person who has come to fall under the relevant case;
(b) in cases where the relevant person has come to fall under Article 6, paragraph (1), item (i) of the Act, the date on which the relevant person has become subject to a ruling for commencement of guardianship or ruling for commencement of curatorship;
(c) in cases where the relevant person has come to fall under Article 6, paragraph (1), item (iv) of the Act, the date on which the punishment has become final and binding and the type of the punishment;
(d) in cases where the relevant person has come to fall under Article 6, paragraph (1), item (v) of the Act, the following matters:
1. the provisions of the laws and regulations that the relevant person has violated; and
2. the date on which the punishment became final and binding and the amount of the fine;
(e) in cases where the relevant person has come to fall under Article 6, paragraph (1), item (vi) of the Act, the date on which the relevant person came to fall under Article 2, item (vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991);
(f) in cases where the relevant person has come to fall under Article 6, paragraph (1), item (vii) of the Act, the following matters:
1. the date on which the notice under Article 15 of the Administrative Procedure Act has been made as well as the content of the notice;
2. the reasons for receiving the notice under Article 15 of the Administrative Procedure Act;
3. the date of notification of discontinuance of business, order of dismissal, or resignation;
(g) in cases where the relevant person has come to fall under Article 6, paragraph (1), item (xiii) of the Act, the following matters:
1. the name of the business office or office at which the establishment of the Chief of Money Lending Operations has come to no longer satisfy the requirements set forth in Article 12-3 of the Act;
2. the date on which the establishment of a Chief of Money Lending Operations has come to no longer satisfy the requirements set forth in Article 12-3 of the Act; and
3. the reasons why the establishment of a Chief of Money Lending Operations has come to no longer satisfy the requirements set forth in Article 12-3;
(v) cases where the Money Lender falls under the case set forth in paragraph (1), item (iii) of the preceding Article: the date on which the relevant person has come to satisfy the requirements set forth in Article 5-3, item (ii), sub-items (a) to (d) inclusive, and the future business plan for Loans;
(vi) cases where the Money Lender falls under the case set forth in paragraph (1), item (iv) of the preceding Article: the date on which the relevant person has come to no longer satisfy the requirements set forth in Article 5-3, item (ii), and the reasons therefor;
(vii) cases where the Money Lender falls under the case set forth in paragraph (1), item (v) of the preceding Article: the following matters:
(a) the trade name, name and address of the assignee;
(b) the date of assignment; and
(c) the amount of principal of the assigned claim under the loan contract;
(viii) cases where the Money Lender falls under the case set forth in paragraph (1), item (vi) of the preceding Article: the following matters:
(a) the name of the business office or office at which the relevant act has occurred;
(b) the name and title of the Officer or employee that conducted the relevant act; and
(c) the outline of the relevant act;
(ix) cases where the Money Lender falls under the case set forth in paragraph (1), item (vii) of the preceding Article: the following matters:
(a) the date on which the conclusion of the guarantee contract has become the ordinary conditions; and
(b) the trade name, name and address of the Guarantee Business Operator;
(x) cases where the Money Lender falls under the case set forth in paragraph (1), item (viii) of the preceding Article: the following matters:
(a) the date on which the business was entrusted or such entrustment of business terminated;
(b) the trade name, name and address of the other party to the entrustment of business; and
(c) the content of the business which was entrusted or which has terminated to be entrusted; and
(xi) cases where the Money Lender falls under the case set forth in paragraph (1), item (ix) of the preceding Article: the date of jointment of or withdrawal from the Money Lenders Association.
(Documents to be Attached to the Written Notification)
Article 26-27 A Money Lender that intends to make the notification pursuant to Article 24-6-2 of the Act shall, when such Money Lender falls under the category of cases listed in the following items, attach the document specified in the respective items to the written notification containing the matters prescribed in the preceding Article:
(i) cases where the Money Lender falls under the case set forth in Article 24-6-2, item (ii) of the Act: in cases where the Money Lender has concluded a Credit Information Contract, a copy of the contract;
(ii) cases where the Money Lender falls under the case set forth in Article 24-6-2, item (iii) of the Act: the following documents:
(a) in cases of a juridical person, the balance sheet pertaining to the most recent business year as referred to in Article 5-5, paragraph (1), item (i) or substitute documents therefor (in the cases set forth in paragraph (2), item (i) or (ii) of that Article, a document stating the amount of net assets and the grounds of calculation thereof);
(b) in cases of an individual, a record on his/her property pertaining to the most recent business year prepared using Appended Form No. 4 as referred to in Article 5-5, paragraph (1), item (ii) (in the cases set forth in Article 5, paragraph (2), item (iii), a document stating the amount of net assets and the grounds of calculation thereof);
(iii) cases where the Money Lender falls under the cases set forth in Article 26-25, paragraph (1), item (i) or (ii): the following documents:
(a) in cases where the Money Lender, statutory agent, Officer or Important Employee has come to fall under the cases set forth in Article 6, paragraph (1), item (i) of the Act, a copy of the record on the ruling for commencement of guardianship or ruling for commencement of curatorship or a document stating the contents of the ruling for commencement of guardianship or ruling for commencement of curatorship; and
(b) in cases where the Money Lender, statutory agent, Officer or Important Employee has come to fall under the cases set forth in Article 6, paragraph (1), item (iv) or (v) of the Act, a copy of the final and binding judgment document or a document stating the contents of the final and binding judgment;
(iv) cases where the Money Lender falls under the case set forth in Article 26-25, paragraph (1), item (iii): the articles of incorporation or articles of endowment, the balance sheet pertaining to the most recent business as referred to in Article 5-5, paragraph (1), item (i) or substitute documents therefor (in the cases set forth in paragraph (2), item (i) or (ii) of that Article, a document stating the amount of net assets and the grounds of calculation thereof);
(v) cases where the Money Lender falls under the case set forth in Article 26-25, paragraph (1), item (iv): the documents set forth in the preceding item and other documents by which the fact that the Money Lender no longer satisfies the requirements set forth in Article 5-3, item (ii) may be confirmed;
(vi) cases where the Money Lender falls under the case set forth in Article 26-25, paragraph (1), item (v): a copy of the contract on assignment of claims;
(vii) cases where the Money Lender falls under the case set forth in Article 26-25, paragraph (1), item (vii): a document stating the capital relationship, personnel relationship and business relationship between the Money Lender and the Guarantee Business Operator;
(viii) cases where the Money Lender falls under the case set forth in Article 26-25, paragraph (1), item (viii): in cases where the Money Lender has concluded a contract on entrustment of business, a copy of the contract; and
(ix) cases where the Money Lender falls under the case set forth in Article 26-25, paragraph (1), item (ix): a copy of the document by which the fact that the Money Lender has joined or withdrew from the Money Lenders Association.
(Method of Public Notice)
Article 26-28 The public notice of missing Money Lenders as prescribed in Article 24-6-6, paragraph (1) of the Act and the public notice of the supervisory disposition under Article 24-6-8 of the Act shall be made, in cases of a Money Lender that has obtained the registration from the Commissioner of the Financial Services Agency, in the official gazette, and in cases of a Money Lender that has obtained the registration from the prefectural governor, in the bulletin of the relevant prefecture.
(Form, etc. of Business Reports)
Article 26-29 (1) The business reports under Article 24-6-9 of the Act shall be prepared using Appended Form No. 8.
(2) In cases where the Money Lender intends to submit the business reports under the preceding paragraph, such Money Lender shall submit the business reports to the Competent Director-General of a Local Finance Bureau by attaching one duplicate copy of business reports thereto if the Money Lender has obtained the registration from the Commissioner of the Financial Services Agency, and to the prefectural governor by attaching the number of duplicate copies of the business report specified by said prefectural governor if the Money Lender has obtained the registration from the prefectural governor.
(3) Two copies of the following reference documents, in the cases of a Money Lender that has obtained the registration from the Commissioner of the Financial Services Agency, and the number of copies of the following documents specified by the prefectural governor, in the case of a Money Lender that has obtained the registration from the prefectural governor, shall be attached to the business reports prescribed in paragraph (1):
(i) in the case of a juridical person, the following documents:
(a) the balance sheet pertaining to the most recent business year (including the relative notes) or substitute documents therefor;
(b) the profit and loss statement pertaining to the most recent business year (including the relative notes) or substitute documents therefor;
(c) the statement of changes in shareholders' equity (including relative notes) or statement of changes in members' equity (including relative notes) pertaining to the most recent business year, or substitute documents therefor;
(ii) in cases of an individual, a record on his/her property pertaining to the most recent business year prepared using Appended Form No. 4.
(Standard for Qualification Examination)
Article 26-30 The examination for the license of a qualified Chief of Money Lending Operations under Article 24-7, paragraph (1) of the Act (hereinafter referred to as the "Qualification Examination") shall place the standard on the determination as to whether the relevant person has a practical knowledge of the Money Lending Business.
(Contents of the Qualification Examination)
Article 26-31 The matters to be examined under the standard set forth in the preceding Article shall, in particular, be as follows:
(i) the matters related to the Act and applicable laws and regulations;
(ii) the matters related to the laws and regulations and business practice concerning the Loan or transactions incidental to Loans;
(iii) the matters related to the protection of Persons in Need of Funds, etc.; and
(iv) the matters related to finance and accounting.
(Procedures for Taking Examination)
Article 26-32 A person who intends to take the Qualification Examination shall submit a written application for taking the examination for the license of qualified Chief of Money Lending Operations which is prepared using Appended Form No. 9 to the Commissioner of the Financial Services Agency (in cases where the entity who has been designated under Article 24-8, paragraph (1) of the Act (hereinafter referred to as the "Designated Examining Agency") intends to administer the affairs for implementing the Qualification Examination (hereinafter referred to as the "Examination Affairs"), the Designated Examining Agency).
(Method of Qualification Examination)
Article 26-33 The Qualification Examination shall be implemented in the form of a written examination.
(Public Notice of the Implementation of Qualification Examination and the Date, etc. of Qualification Examination)
Article 26-34 (1) The Qualification Examination shall be implemented at least once every year.
(2) The Commissioner of the Financial Services Agency shall, in advance, publicly notify the date when and place where the Qualification Examination shall be implemented as well as the matters necessary for the implementation of the examination in the official gazette.
(3) With regard to the application of the preceding paragraph in cases were a Designated Examining Agency administers the Examination Affairs, the terms "The Commissioner of the Financial Services Agency" and "in the official gazette" in that paragraph shall be deemed to be replaced with "The Designated Examining Agency" and "by the method specified in the Operational Rules for Examination Affairs as prescribed in Article 24-13, paragraph (1) of the Act," respectively.
(Public Notice of Passing and Delivery of Certificate of Passing)
Article 26-35 (1) The Commissioner of the Financial Services Agency shall publicly notify the name and the examinee's number of the person who has passed the Qualification Examination implemented thereby (hereinafter referred to as the "Successful Examinee"), and deliver a certificate of passing to the relevant Successful Examinee.
(2) The provisions of paragraph (3) of the preceding Article shall apply mutatis mutandis to the case prescribed in the preceding paragraph.
(Registry of Successful Examinees)
Article 26-36 (1) The Commissioner of the Financial Services Agency shall prepare a registry of the Successful Examinees and preserve it.
(2) In cases where a Designated Examining Agency administers the Examination Affairs, the Commissioner of the Financial Services Agency may use the list of the Successful Examinees as referred to in Article 26-46, paragraph (2) as a substitute for the registry under the preceding paragraph.
(Application for Designation)
Article 26-37 (1) A person who intends to make an application pursuant to Article 24-8, paragraph (2) of the Act shall submit a written application stating the following matters to the Commissioner of the Financial Services Agency:
(i) the name and address;
(ii) the name and location of the office at which the Examination Affairs are planned to be carried out;
(iii) the name of the officer;
(iv) the outline of the business actually carried out; and
(v) the date on which the relevant person intends to obtain the designation.
(2) The following documents shall be attached to the written application under the preceding paragraph:
(i) the articles of incorporation, articles of endowment, and certificate of registered matters;
(ii) the Operational Rules for Examination Affairs (meaning the Operational Rules for Examination Affairs as referred to in Article 24-13, paragraph (1) of the Act; the same shall apply hereinafter);
(iii) a document stating the outline of and development plan for the facility for examination of each office at which the Examination Affairs are planned to be carried out;
(iv) a document stating the plan concerning the method of implementation of the Examination Affairs;
(v) the inventory of property and balance sheet as of the business year immediately preceding the business year that includes the date of application (in cases of a juridical person established on the business year that includes the date of application, the inventory of property as of the time of establishment thereof);
(vi) the business plans and income and expenditure budgets for the business year that includes the date of application and the following business year thereof;
(vii) a document evidencing the decision making on the application;
(viii) a document stating the major points of career of the officer;
(ix) a written pledge of the officer prescribed in Article 24-8, paragraph (5), item (iv), sub-item (a) or (b) of the Act;
(x) a document stating the matters related to the assignment of officers and employees, as well as the organization and division of the affairs; and
(xi) other documents stating the matters that may serve as a reference.
(Notification of Changes of Name, etc,)
Article 26-38 (1) In cases where a Designated Examining Agency intends to changes its name or the location of the principal office, it shall submit a written notification containing the following matters to the Commissioner of the Financial Services Agency:
(i) the name and location of the principal office of the Designated Examining Agency after the change;
(ii) the date on which the changes are planned; and
(iii) the reasons for the change.
(2) In cases where a Designated Examining Agency intends to establish or close the office at which the Examination Affairs are carried put, it shall submit a written notification containing the following matters to the Commissioner of the Financial Services Agency:
(i) the name and location of the office planned to be established or abolished;
(ii) the date on which the Examination Affairs are planned to be commenced or abolished at the office planned to be established or abolished; and
(iii) the reasons for the establishment or abolition.
(Application for Authorization of the Appointment or Dismissal of Officers)
Article 26-39 (1) In cases where a Designated Examining Agency intends to obtain the authorization pursuant to Article 24-10, paragraph (1) of the Act, is shall submit a document containing the following matters to the Commissioner of the Financial Services Agency:
(i) the name of the person planned to be appointed as an officer or the officer planned to be dismissed;
(ii) the reasons for the appointment or dismissal; and
(iii) in the case of an appointment, the major points of career of the relevant person.
(2) In the case referred to in the preceding paragraph, in cases where the Designated Examining Agency intends to make an application for the authorization of appointment, it shall attach the following documents to the written notification:
(i) the written consent to assume office from the person related to the appointment;
(ii) an extract of the certificate of residence of the relevant person related to the appointment (in cases where the relevant person is a foreign national, a certificate of registered matters on the alien registration card) or substitute documents therefor; and
(iii) a written pledge of the officer prescribed in Article 24-8, paragraph (5), item (iv), sub-item (a) or (b) of the Act.
(Requirements for Examiners)
Article 26-40 The requirements specified by Cabinet Office Ordinance as referred to in Article 24-11, paragraph (1) of the Act shall be that the relevant person is one that falls under any of the following persons:
(i) a professor or associate professor who specializes in Civil Law or Administrative Law in a university accredited under the School Education Act (Act No. 26 of 1947) or a person who was formerly in such position, or a person who has knowledge and experience equivalent to or greater than the afore-mentioned persons;
(ii) a member of the State or local government or a person who was formerly in such position, that has an expert knowledge on the matters set forth in the items of Article 26-31.
(Notification of Appointment or Dismissal of Examiners)
Article 26-41 (1) In cases where a Designated Examining Agency intends to make the notification under Article 24-11, paragraph (2) of the Act, it shall submit a document containing the following matters to the Commissioner of the Financial Services Agency:
(i) the name of the Examiner (meaning the Examiner defined in Article 24-11, paragraph (1) of the Act; the same shall apply in the following paragraph and item (v) of the following Article);
(ii) the reasons for appointment or dismissal; and
(iii) in cases of an appointment, the major points of career of the relevant person.
(2) In the case referred to in the preceding paragraph, in cases where the Designated Examining Agency intends to make the notification of appointment, it shall attach a copy of the document proving that the appointed Examiner meets the requirements prescribed in the preceding Article to the written notification under the preceding paragraph.
(Matters to be Stated in the Operational Rules for Examination Affairs)
Article 26-42 The matters concerning the implementation of Examination Affairs specified by Cabinet Office Ordinance as referred to in the first sentence of Article 24-13, paragraph (1) of the Act shall be as follows:
(i) the matters concerning the organization and operation;
(ii) the matters concerning the hours during which the Examination Affairs are to be carried out as well as the holidays therefor;
(iii) the matters concerning the office at which the Examination Affairs are to be carried out and the place at which the examination shall be carried out;
(iv) the matters concerning the method of receipt of Examination Fees (meaning the examination fees referred to in Article 24-22, paragraph (1) of the Act);
(v) the matters concerning the appointment of the Examination Commissioner;
(vi) the matters concerning the retention of confidential information related to Examination Affairs;
(vii) the matters concerning the entrustment of the handling of Examination Affairs in part to a third party;
(viii) the matters concerning the administration of books and documents related to Examination Affairs;
(ix) the matters concerning the method of public notice on the implementation of the Qualification Examination; and
(x) other matters necessary for the implementation of Examination Affairs.
(Application for Authorization of Operational Rules for Examination Affairs)
Article 26-43 (1) In cases where a Designated Examining Agency intends to obtain the authorization pursuant to the first sentence of Article 24-13, paragraph (1) of the Act, it shall submit the written application stating to that effect with the Operational Rules for Examination Affairs subject to such authorization attached thereto to the Commissioner of the Financial Services Agency.
(2) In cases where the Designated Examining Agency intends to obtain the authorization pursuant to the second sentence of Article 24-13, paragraph (1) of the Act, it shall submit a written application containing the following matters to the Commissioner of the Financial Services Agency:
(i) the matters to be changed;
(ii) the date on which the changes are planned; and
(iii) the reasons for the change.
(Application for Authorization of Business Plans, etc.)
Article 26-44 (1) In cases where a Designated Examining Agency intends to obtain the authorization pursuant to the first sentence of Article 24-14, paragraph (1) of the Act, it shall submit a written application stating to that effect with the business plan and income and expenditure budgets related to said authorization attached thereto to the Commissioner of the Financial Services Agency.
(2) In cases where a Designated Examining Agency intends to obtain the authorization pursuant to the second sentence of Article 24-14, paragraph (1) of the Act, it shall submit a written application containing the following matters to the Commissioner of the Financial Services Agency:
(i) the matters to be changed;
(ii) the date on which the changes are planned; and
(iii) the reasons for the change.
(Keeping of Books, etc.)
Article 26-45 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 24-15 of the Act shall be as follows:
(i) the date of the examination;
(ii) the place of examination;
(iii) the examinee's number, name, and date of birth of the relevant examinee as well as the information on as to whether the examinee has passed or not; and
(iv) the Date of Passing (meaning the date on which the name and the examinee's number of the Successful Examinee has been publicly notified; the same shall apply in paragraph (1), item (vi) of the following Article and Article 26-51, paragraph (1), item (ii)) the Qualification Examination.
(2) A Designated Examining Agency shall preserve the books referred to in Article 24-15 of the Act until it abolishes the Examination Affairs.
(3) A Designated Examining Agency shall preserve the examination questions used for the Qualification Examination for three years from the day on which the relevant Qualification Examination was implemented.
(Reports of the Results of Examination)
Article 26-46 (1) When a Designated Examining Agency has implemented Examination Affairs, it shall submit a report containing the following matters to the Commissioner of the Financial Services Agency without delay:
(i) the date of examination;
(ii) the place of examination;
(iii) the number of applicant for taking the examination;
(iv) the number of applicants that took the examination;
(v) the number of Successful Examinees; and
(vi) the Date of Passing the relevant Qualification Examination.
(2) A list of the Successful Examinees containing the examinee's number, name, date of birth and address of the Successful Examinees shall be attached to the report prescribed in the preceding paragraph.
(Permission of Suspension or Abolition of Examination Affairs)
Article 26-47 When a Designated Examining Agency intends to obtain the permission pursuant to Article 24-18, paragraph (1) of the Act, it shall submit a written application containing the following matters to the Commissioner of the Financial Services Agency:
(i) the scope of the Examination Affairs planned to be suspended or abolished;
(ii) the date on which the suspension or abolition is planned, and in cases of a suspension, the period thereof; and
(iii) the reasons for the suspension or abolition.
(Transfer of Examination Affairs)
Article 26-48 In the case referred to in Article 24-21, paragraph (2) of the Act, the Designated Examining Agency shall conduct the following matters:
(i) to transfer the Examination Affairs to the Commissioner of the Financial Services Agency;
(ii) to transfer the books and documents related to the Examination Affairs to the Commissioner of the Financial Services Agency; and
(iii) other matters found necessary by the Commissioner of the Financial Services Agency.
(Reports of Rescission, etc. of Passing)
Article 26-49 In cases where a Designated Examining Agency has disqualified a person related to the wrongful act concerning the Qualification Examination from taking the examination, has invalidated said Qualification Examination or has rescinded the decision of passing thereof pursuant to the provisions of Article 24-23, paragraph (1) of the Act as applied by replacing certain terms pursuant to paragraph (3) of that Article, or has prohibited such person from taking the Qualification Examination for a fixed period of time pursuant to the provisions of paragraph (2) of that Article as applied by replacing certain terms pursuant to paragraph (3) of that Article, it shall submit a report containing the following matters to the Commissioner of the Financial Services Agency without delay:
(i) the name, date of birth and address of the person who has received such disposition;
(ii) the content of the disposition as well as the date on which the disposition was made: and
(iii) the details of the wrongful act.
(Registered Training)
Article 26-50 The training courses as referred to in Article 24-25, paragraph (2) of the Act (hereinafter referred to as the "Registered Training") shall be those that satisfy all of the following requirements:
(i) that the relevant training course is one which does not restrict the participation without justifiable grounds;
(ii) that the relevant training course is one in which the subjects set forth in the left column of the table prescribed in Article 24-38, paragraph (1) of the Act are lectured by the instructors set forth in the right column of that table respectively;
(iii) that the relevant training course complies to the requirements set forth in the items of Article 26-63; and
(iv) that the relevant training course is carried out based on the Operational Rules for Training Affairs (meaning the Operational Rules for Training Affairs defined in Article 24-42, paragraph (1) of the Act; the same shall apply hereinafter).
(Matters to be Stated, etc. on the Registry of Chiefs of Money Lending Operations)
Article 26-51 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 24-25, paragraph (4) of the Act shall be as follows:
(i) the registered domicile (in cases of a person who does not have Japanese nationality, the nationality held by such person) and sex;
(ii) the Date of Passing the Qualification Examination and the certificate number of passing;
(iii) in cases of a person who engages in the operations of a Money Lender, the trade name or name and registration number of the relevant Money Lender; and
(iv) the registration number and date of registration.
(2) The form of the registry of Chiefs of Money Lending Operations shall be based on Appended Form No. 10.
(Application of Chief Registration)
Article 26-52 (1) In cases where a person qualified to receive the registration as a Chief of Money Lending Operations as referred to in Article 24-25, paragraph (1) of the Act (hereinafter referred to as the "Chief Registration") intends to obtain such registration, such person shall submit a written application for registration as a Chief of Money Lending Operations prepared using Appended Form No. 11.
(2) A picture of the applicant taken without hats, from the front, from the waist up, with no backgrounds, in 3 cm long and 2.4 cm wide, and within six months prior to the date of application for registration shall be attached to the written application for registration prescribed in the preceding paragraph.
(3) The following documents shall be attached to the written application for registration prescribed in paragraph (1); provided, however, that, among the documents set forth in item (i), the certificate of registered matters on guardianship, etc. stating to the effect that the relevant person does not fall under the category of an adult ward may be substituted by a certificate from the head of the municipality certifying to that effect:
(i) a certificate of registered matters on guardianship, etc. stating to the effect that the relevant person does not fall under the category of an adult ward or person under curatorship as provided in Article 24-27, paragraph (1), item (i) of the Act;
(ii) a certificate from the head of the municipality stating to the effect that the relevant person does not fall under the category of person deemed as an adult ward or person under curatorship as provided in Article 24-27, paragraph (1), item (i) of the Act pursuant to the provisions of Article 3, paragraphs (1) and (2) of the Supplementary Provisions of the Act on Partial Revision of the Civil Code (Act No. 149 of 1999), as well as a certificate from the head of the municipality stating to the effect that the relevant person does not fall under the category of a bankrupt who has not had his/her right restored, item (ii) of that paragraph;
(iii) a document pledging that the relevant person does not fall under the category of person set forth in Article 24-27, paragraph (1), items (iii) to (viii) inclusive of the Act;
(iv) a copy of the certificate of completion provided in Article 26-63, item (v) for the Registered Training implemented within six months prior to the date of application for Chief Registration (excluding the case where the relevant person applies for the Chief Registration within one year from the day on which he/she passed the Qualification Examination).
(4) With regard to the Personal Identification Information (meaning the personal identification information as prescribed in Article 30-5, paragraph (1) of the Residential Basic Book Act) of the person who intends to obtain the Chief Registration, in cases where the Commissioner of the Financial Services Agency cannot receive the provision of such information under Article 30-7, paragraph (3) of that Act, he/she may have said person to submit an extract of the certificate of residence (in cases where the relevant person is a foreign national, a certificate of registered matters on the alien registration card), or substitute documents therefor.
(5) The form of the documents prescribed in paragraph (3), item (iii) shall be based on Appended Form No. 12.
(Notice of Chief Registration, etc.)
Article 26-53 (1) When the Commissioner of the Financial Services Agency has effected a Chief Registration, he/she shall notify the person related to said Chief Registration to that effect in writing without delay.
(2) In cases where the person who intends to obtain the Chief Registration is a person that falls under any of the category of persons set forth in the items of Article 24-27, paragraph (1) of the Act, the Commissioner of the Financial Services Agency shall refuse the Chief Registration therefor, and notify such person to that effect by indicating the reasons therefore, without delay.
(Change of Chief Registration)
Article 26-54 (1) A person who intends to file an application for the change of Chief Registration under Article 24-28 of the Act shall submit a written application for change of registration prepared using Appended Form No. 13 to the Commissioner of the Financial Services Agency.
(2) In cases where the written application for change of registration prescribed in the preceding paragraph has been submitted, the Commissioner of the Financial Services Agency shall change the relevant Chief Registration and notify to that effect to the person who filed the application for change of Chief Registration, without delay.
(Form of Notification of Death, etc.)
Article 26-55 The notification under Article 24-29 of the Act shall be made by the written notification of death, etc. prepared using Appended Form No. 14.
(Cancellation of Chief Registration)
Article 26-56 When the Commissioner of the Financial Services Agency has cancelled a Chief Registration pursuant to the provisions of Article 24-31 of the Act, he/she shall notify the person related to the cancellation of such Chief Registration, heirs, guardian or curator by indicating the reasons therefor.
(Renewal of Chief Registration)
Article 26-57 The provisions of Articles 26-50 to 26-53 inclusive shall apply mutatis mutandis to the renewal of Chief Registration under Article 24-32, paragraph (1) of the Act.
(Registration Affairs of the Money Lenders Association)
Article 26-58 The Commissioner of the Financial Services Agency shall have the Money Lenders Association administer whole or part of the following affairs related to Chief Registration pursuant to the provisions of Article 24-33, paragraph (1) of the Act:
(i) Chief Registration;
(ii) the acceptance of the written application for registration under Article 24-26, paragraph (1) of the Act (including the cases where it is applied mutatis mutandis pursuant to Article 24-32, paragraph (2) of the Act);
(iii) the notice under the provisions of Article 24-26, paragraph (4) and Article 24-27, paragraph (2) of the Act (including the cases where these provisions are applied mutatis mutandis pursuant to Article 24-32, paragraph (2) of the Act);
(iv) the refusal of Chief Registration under Article 24-27, paragraph (1) of the Act (including the cases where it is applied mutatis mutandis pursuant to Article 24-32, paragraph (2) of the Act);
(v) the acceptance of application for change of Chief Registration under Article 24-28 of the Act;
(vi) the acceptance of notification of death, etc. under Article 24-29 of the Act;
(vii) the rescission of Chief Registration under Article 24-30 of the Act; and
(viii) the cancellation of Chief Registration under Article 24-31 of the Act.
(Notification to the Commissioner of the Financial Services Agency)
Article 26-59 When a Money Lenders Association intends to make the notification under Article 24-33, paragraph (4) of the Act, it shall submit a written notification containing the following matters:
(i) the name and date of birth of the Chief of Money Lending Operations related to the disposed Chief Registration;
(ii) the content of the affairs related to the disposed Chief Registration and the date of disposition; and
(iii) in cases where the content of affairs set forth in the preceding item is a cancellation of Chief Registration, the reasons therefor.
(Application for Registration, etc. of Registered Training Agency)
Article 26-60 A person who intends to obtain the registration under Article 24-36, paragraph (1) of the Act, or the renewal of registration under Article 24-39, paragraph (1) of the Act (hereinafter collectively referred to as the "Registration, etc." in this Article) shall attach the following documents to a written application prepared using Appended Form No. 15 (simply referred to as the "Written Application" in Article 26-62) and submit them to the Commissioner of the Financial Services Agency:
(i) in cases where the relevant person is a juridical person, the following documents:
(a) the articles of incorporation and articles of endowment, as well as the certificate of registered matters;
(b) a document evidencing the decision making on the application; and
(c) a document stating the trade name or name and major points of career of the officer;
(ii) in cases where the relevant person is an individual, a document stating the major points of career of the person who intends to obtain the Registration, etc. and the extract of the certificate of residence thereof (in cases where the relevant person is a foreign national, a certificate of registered matters on the alien registration card), or substitute documents therefor;
(iii) a document evidencing that the Registered Training, with regard to the subjects set forth in the left column of the Appended Table of Article 24-38, paragraph (1) of the Act (hereinafter referred to as the "Registered Training Subjects"), are lectured by the respective instructors set forth in the right column of that table (referred to as the "Registered Training Instructors" in Article 26-63, item (iv) and Article 26-69, paragraph (1), item (iii));
(iv) in cases where the relevant person intends to carry out businesses other than the affairs related to the implementation of Registered Training (hereinafter referred to as the "Registered Training Affairs"), a document stating the type and outline of such business;
(v) a document pledging that the person who intends to obtain the Registration, etc. does not fall under any of the category of persons set forth in the items of Article 24-37 of the Act (including the cases where it is applied mutatis mutandis pursuant to Article 24-39, paragraph (2) of the Act); and
(vi) other documents stating matters that will serve as a reference.
(Matters to be Stated in the Registry of Registered Training Agencies)
Article 26-61 The matters specified by Cabinet Office Ordinance under Article 24-38, paragraph (2), item (iv) of the Act (including the cases where it is applied mutatis mutandis pursuant to Article 24-39, paragraph (2) of the Act) shall be, in cases where the Registered Training Agency defined in the main clause of Article 24-25, paragraph (2) of the Act (hereinafter simply referred to as the "Registered Training Agency") is a juridical person, the trade name or name of the officer of the Registered Training Agency.
(Application Period for Renewal of Registration of Registered Training Agency)
Article 26-62 A person who intends to receive the renewal of registration under Article 24-39, paragraph (1) of the Act, he/she shall submit a written application within the period from the day 90 days prior to the expiration date of the validity period of registration until the day 30 days prior to such expiration date.
(Requirements for Implementation of Registered Training Affairs)
Article 26-63 The requirements specified by Cabinet Office Ordinance under Article 24-40 of the Act shall be as follows:
(i) that the Registered Training shall be implemented for more than once every year;
(ii) that the Registered Training shall be implemented with lectures of which the total hours shall be approximately six hours and the hours of lectures for each Registered Training Subject shall be the hours specified by the Commissioner of the Financial Services Agency;
(iii) that teaching and training materials with appropriate contents including the matters specified by the Commissioner of the Financial Services Agency for each Registered Training Subject (hereinafter simply referred to as "Registered Training Materials") shall be used;
(iv) that the Registered Training Instructor appropriately answers the questions on the contents of the lecture made by the participant(s) during the Registered Training;
(v) that a certificate of completion prepared using Appended Form No. 16 is delivered to the person who has completed the course of Registered Training (hereinafter referred to as the "Person That Completed the Registered Training");
(vi) that measures necessary for preventing unauthorized participation to the lecture are taken;
(vii) that the date when and placed where the Registered Training is to be implemented and other matters necessary to implement the Registered Training as well as the statement to the effect that the relevant training is a Registered Training shall be publicly notified by the method specified in the Operational Rules for Training Affairs; and
(viii) that, in cases where Registered Training Agency conducts business other than Registered Training Affairs, such Registered Training Agency shall not make an indication or any other acts which is likely to mislead people to understand that such business is a Registered Training Affairs.
(Notification of Changes to the Registered Matters of the Registered Training Agency)
Article 26-64 When a Registered Training Agency intends to make the notification under Article 24-41 of the Act, it shall submit a written notification containing the following matters to the Commissioner of the Financial Services Agency:
(i) the matters planned to be changed;
(ii) the date on which the changes are planned; and
(iii) the reasons for the changes.
(Matters to be Stated in the Operational Rules for Training Affairs)
Article 26-65 The matters specified by Cabinet Office Ordinance under Article 24-42, paragraph (2) of the Act shall be as follows:
(i) the matters concerning the hours during which the Registered Training Affairs shall be carried out as well as the holidays therefor;
(ii) the matters concerning the office at which the Registered Training Affairs shall be carried out as well as the place to implement the Registered Training;
(iii) the matters concerning the method of public notice on the implementation of Registered Training;
(iv) the matters concerning the application for taking the Registered Training;
(v) the matters concerning the method of implementation of Registered Trainings;
(vi) the matters related to the amount of the fee for the Registered Training as well as the method of storage of such amount;
(vii) the matters concerning the content and hours of the Registered Training;
(viii) the matters concerning the Registered Training Materials to be used for the Registered Training;
(ix) the matters concerning the delivery of certificate of completion;
(x) the matters concerning the management of Books (meaning the books referred to in Article 24-47 of the Act; the same shall apply in Article 26-69, paragraph (2) and Article 26-73, item (ii)) and other documents related to the Registered Training Affairs;
(xi) the matters concerning the disposition of the unauthorized participant of the Registered Training; and
(xii) other matters necessary for the implementation of Registered Training Affairs.
(Notification of Suspension or Abolition of Registered Training Affairs)
Article 26-66 When a Registered Training Agency intends to suspend or abolish whole or part of the Registered Training Affairs pursuant to Article 24-43 of the Act, it shall submit a written notification containing the following matters to the Commissioner of the Financial Services Agency:
(i) the scope of Registered Training Affairs planned to be suspended or abolished;
(ii) the date on which the suspension or abolition is planned;
(iii) in cases of a suspension, the period thereof; and
(iv) the reasons for the suspension or abolition.
(Method of Indication the Matters Recorded in the Electromagnetic Record)
Article 26-67 The method specified by Cabinet Office Ordinance as referred to in Article 24-44, paragraph (2), item (iii) of the Act shall be the method of indicating the matters on the screen of the computer placed at the office of the Registered Training Agency.
(Method of Providing the Matters Recorded in an Electromagnetic Record)
Article 26-68 (1) The electromagnetic means specified by Cabinet Office Ordinance under Article 24-44, paragraph (2), item (iv) of the Act shall be the following electromagnetic means which are specified a Registered Training Agency:
(i) among the methods using an Electronic Data Processing System, those set forth in sub-item (a) or (b):
(a) the method of transmitting the information via a telecommunications line that links the computer used by the Registered Training Agency and the computers used by the person who received the Chief Registration and other interested persons, and recording such information in the file stored on the computers used by said person who received the Chief Registration and other interested persons;
(b) the method of offering the details of the information which are recorded in a file stored on the computer used by the Registered Training Agency to the person who received the Chief Registration and other interested persons for inspection via a telecommunications line, and recording said information in the file stored on the computers used by said person who received the Chief Registration and other interested persons;
(ii) the method of delivering a file containing the information that has been prepared using media which can securely record certain information by magnetic disks, or any other means equivalent thereto.
(2) The methods set forth in the items of the preceding paragraph shall be one that enables the person who received the Chief Registration and other interested persons to prepare documents by outputting the records in the file.
(3) The term "Electronic Data Processing System" as used in paragraph (1), item (i) means an electronic data processing system that links the computer used by the Registered Training Agency and the computer used by the person who received the Chief Registration and other interested persons.
(Keeping of Books, etc.)
Article 26-69 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 24-47 of the Act shall be as follows:
(i) the date of implementation of the Registered Training;
(ii) the place of implementation of the Registered Training;
(iii) the name of the Registered Training Instructor that gave the lecture and the Registered Training Subject which he/she took charge of in the lecture, as well as the hours thereof;
(iv) the name, date of birth and address of the participant (in cases where the applicant is a Chief of Money Lending Operations, including the registration number); and
(v) in cases of a Person That Completed the Registered Training, in addition to the matters set forth in the preceding item, the date of delivery of the certificate of completion and the completion number.
(2) A Registered Training Agency shall preserve the books until it abolishes all of the Registered Training Affairs.
(3) A Registered Training Agency shall preserve the Registered Training Materials used for the Registered Training for three years from the day on which the relevant Registered Training was implemented.
(Report on the Results of the Implementation of Registered Training Affairs)
Article 26-70 (1) When a Registered Training Agency has implemented Registered Training Affairs, it shall submit a report containing the following matters to the Commissioner of the Financial Services Agency without delay:
(i) the date of implementation of the Registered Training;
(ii) the place of implementation of the Registered Training;
(iii) the number of applicants for the Registered Training;
(iv) the number of participants; and
(v) the number of Persons That Completed the Registered Training.
(2) A list of the Persons That Completed the Registered Training stating the name, date of birth, address of the Persons That Completed the Registered Training, the registration number of the Chief of Money Lending Operations and the date of completion of the Registration Training thereof, the date of delivery of the certificate of completion and the completion number, and the Registered Training Materials used for the Registered Training shall be attached to the report under the preceding paragraph.
(Procedures for Participation in the Training Given by the Commissioner of the Financial Services Agency)
Article 26-71 A person who intends to participate in the training given by the Commissioner of the Financial Services Agency pursuant to Article 24-48, paragraph (1) of the Act shall submit a written application for the participation in the training for Chiefs of Money Lending Operations prepared using Appended Form No. 17 to the Commissioner of the Financial Services Agency.
(Completion of the Training Given by the Commissioner of the Financial Services Agency)
Article 26-72 The Commissioner of the Financial Services Agency shall deliver a document evidencing the completion of the whole course of the training to the person who has completed the whole course of the training prescribed in the preceding Article.
(Transfer of Registered Training Affairs)
Article 26-73 In the cases set forth in Article 24-48, paragraph (2) of the Act, a Registered Training Agency shall carry out the following matters:
(i) to transfer the Registered Training Affairs to the Commissioner of the Financial Services Agency;
(ii) to transfer books and other documents related to the Registered Training Affairs to the Commissioner of the Financial Services Agency; and
(iii) other matters found necessary by the Commissioner of the Financial Services Agency.
(Documents to be Attached to the Written Application for Authorization for Establishment of the Association)
Article 26-74 The documents specified by Cabinet Office Ordinance as referred to in Article 27, paragraph (2) of the Act shall be the resumes of the officers, extracts of the certificates of residence of the officers (in cases where the relevant officer is a foreign national, the certificate of registered matters on the alien registration card) or substitute documents therefor, and documents pledging that the officers do not fall under any of the persons set forth in Article 6, paragraph (1), items (i) to (vi) inclusive of the Act.
(Calculation of Percentage)
Article 26-75 (1) The calculation of the percentage prescribed in Article 4 of the Order shall be made by the method of dividing the latest total number of all Money Lenders publicized by the Commissioner of the Financial Services Agency by the number of Money Lenders that are the members of the Money Lenders Association as of the day on which the calculation of the percentage is to be made.
(2) The Commissioner of the Financial Services Agency shall survey and aggregate the number of all Money Lender as of the last day of each month and publicized the results of the aggregation as promptly as possible.
(Cooperation by the Money Lenders Association with the Commissioner of the Financial Services Agency, etc.)
Article 27 The Commissioner of the Financial Services Agency, Director-General of the Local Finance Bureau, Director-General of the Fukuoka Local Finance Branch Bureau or prefectural governor may have the Money Lenders Association cooperate with part of the affairs related to the following matters:
(i) the application for registration under Article 4, paragraph (1) of the Act, the notification under the provisions of Article 8, paragraph (1), Article 10, paragraph (1) or Article 24-6-2 of the Act, and the submission of business reports under Article 24-6-9 of the Act; and
(ii) the submission of reports or materials under Article 24-6-10, paragraph (1) of the Act.
(Amount of Credit Information)
Article 28 (1) The amount specified by Cabinet Office Ordinance as referred to in Article 41-13, paragraph (1), item (v) of the Act shall be the number of Member Money Lenders (meaning the Member Money Lender defined in Article 41-20, paragraph (1), item (vii) of the Act; except in Article 30-22, Article 30-25, paragraph (1), Article 30-27, paragraph (1) and Article 30-29, paragraph (2), item (ix), the same shall apply hereinafter) and the total amount of outstanding balance of the Loans related to the Personal Credit Information held thereby.
(2) The standard specified by Cabinet Office Ordinance as referred to in Article 41-13, paragraph (1), item (v) of the Act shall be as follows:
(i) that the number of Member Money Lenders are 100 or more; and
(ii) that the total amount of outstanding balance of the Loans related to the Personal Credit Information held by the relevant person (limited to the outstanding balance related to the Loans of which the creditor is a Member Money Lender) is five trillion yen or more.
(Financial Basis)
Article 29 The financial basis specified by Cabinet Office Ordinance as referred to in Article 41-13, paragraph (1), item (vi) of the Act shall be that the amount obtained by deducting the total amount of liabilities from the total amount of assets recorded in the balance sheet referred to in Article 41-14, paragraph (2), item (iv) of the Act is 500 million yen or more.
(Documents to be Attached for the Application for Designation)
Article 30 The documents specified by Cabinet Office Ordinance as referred to in Article 41-14, paragraph (2), item (v) of the Act shall be as follows:
(i) a document stating the trade name or name, and registration number of the Member Money Lender;
(ii) a document stating the name or trade name and address or location of the shareholders, members or equity investors that hold voting rights exceeding five percent of the Voting Rights Held by All the Shareholders, etc. of the person who intends to obtain the designation under Article 41-13, paragraph (1) of the Act (referred to as the "Applicant" in the following item and item (viii)), as well as the number of voting rights held thereby;
(iii) a document stating the outline of the Parent Company and Subsidiary Juridical Person (meaning a juridical person or other organization of which the majority of Voting Rights Held by All the Shareholders, etc. are held by the Applicant) of the Applicant;
(iv) extracts of the certificates of residence of the Officers (meaning members in charge of executing business (in cases where the member in charge of executing business is a juridical person, a person who is to perform its duties), directors, executive officers, accounting advisors (including, in cases where the accounting advisor is a juridical person, a member who is to perform its duties), auditor, representative person or administrator, or persons equivalent thereto; hereinafter the same shall apply in this Article to Article 30-10 inclusive) (in cases where the relevant Officer is a foreign national, the certificate of registered matted on the alien registration card), or substitute documents therefor (in cases where the member in charge of executing business or accounting advisor is a juridical person, the certificate of registered matters of said member in charge of executing business or accounting advisor);
(v) a certificate issued by a public agency stating to the effect that the Officer does not fall under the category of persons set forth in Article 41-13, paragraph (1), item (iv), sub-items (a) and (c) of the Act (in cases where the relevant Officer is a foreign national, a written pledge prepared using Appended Form No. 18);
(vi) the resumes of the Officers prepared using Appended Form No. 19 (in cases where the Officer is a juridical person, the certificate of registered matters of the relevant Officer and a history prepared using Appended Form No. 20);
(vii) a document stating the status of securing employees who have knowledge and experience concerning Credit Information Service, and the status of assignment of such employees;
(viii) a document stating the organization and division of affairs of the Applicant;
(ix) in cases where the relevant person is any of the following juridical persons, a document stating the contents of the accounting audit report or audit report pertaining to the business year immediately preceding the business year that includes the date of application for designation specified respectively in the following sub-items:
(a) a company with accounting auditors as prescribed in Article 2, item (xi) of the Companies Act: the accounting audit reports referred to in the second sentence of Article 396, paragraph (1) of that Act; and
(b) in addition to what is listed in sub-item (a), a juridical person audited by a certified public accountant or auditing firm: the audit reports prepared by the relevant certified public accountant or auditing firm; and
(x) other documents stating the matters that will serve as a reference.
(Restriction on Concurrent Holding of Positions by Officers)
Article 30-2 (1) The juridical person specified by Cabinet Office Ordinance as referred to in Article 41-15 of the Act shall be the following juridical persons:
(i) the juridical person engaged in the Money Lending Business;
(ii) a juridical person engaged in the business of delivering or granting identification cards, other items, numbers, symbols or other codes (hereinafter collectively referred to as the "Identification Card, etc." in this Article) which enables the purchase of goods or rights or provision of service from a specific seller or service provider in exchange of such Identification Card, etc., or by presenting or notifying it, to the person who intends to purchase goods or rights or person who intends to receive the provision of service using such Identification Card, etc. (hereinafter collectively referred to as the "User" in this Article), and in cases where the User has purchased goods or rights or received the provision of service from a specific seller or service provider in exchange of the Identification Card, etc. or by presenting or notifying it, the business of receiving the purchase money for the relevant goods or relevant rights or amount equivalent to the consideration for the relevant service from the relevant User and delivering such amount to the relevant seller or relevant service provider;
(iii) a juridical person engaged in the business of, under the condition that the User purchases goods or rights or receives the provision of service from a specific seller or service provider without using the Identification Card, etc., delivering the purchase money for the relevant goods or relevant rights or amount equivalent to the consideration for the relevant service to the relevant seller or relevant service provider, and receiving such amount from the relevant User;
(iv) a claim collecting company as prescribed in Article 2, paragraph (3) of the Act on Special Measures Concerning Business of Management and Collection of Claims (Act No. 126 of 1998);
(v) a juridical person engaged in the guarantee of obligations on a regular basis; or
(vi) a juridical person engaged in the business of having machineries or any other goods or articles used (referred to as the "Leasing Business" in item (vi) of the following paragraph).
(2) The business specified by Cabinet Office Ordinance as referred to in Article 41-15 of the Act shall be the following business:
(i) Money Lending Business;
(ii) a business of delivering or granting an Identification Card, etc. to the Users, and in cases where the User purchases goods or rights or receives the provision of service from a specific seller or service provider in exchange of his/her Identification Card, etc. or by presenting or notifying it, receiving the purchase money for the relevant goods or relevant rights or amount equivalent to the consideration for the relevant service from the relevant User and delivering such amount to the relevant seller or relevant service provider;
(iii) a business of, under the condition that the User purchases goods or rights or receives the provision of service from a specific seller or service provider without using the Identification Card, etc., delivering the purchase money for the relevant goods or relevant rights or amount equivalent to the consideration for the relevant service to the relevant seller or service provider, and receiving such amount from the relevant User;
(iv) the business of management and collection of claims as prescribed in Article 2, paragraph (2) of the Act on Special Measures Concerning Business of Management and Collection of Claims;
(v) guarantee of obligations; and
(vi) Leasing Business.
(Application for Authorization of Concurrent Holding of Positions by the Officers of the Designated Credit Bureau)
Article 30-3 (1) In cases where the representative person of a Designated Credit Bureau or an Officer regularly engaged in the business thereof becomes the representative person of the juridical person set forth in the items of paragraph (1) of the preceding Article (hereinafter referred to as the "Other Juridical Person" in this Article) or regularly engages in the business thereof pursuant to the provisions of Article 41-15 of the Act, or intends to obtain the authorization for engaging in the business set forth in the items of paragraph (2) of the preceding Article, he/she shall submit a written application for authorization by attaching the following documents thereto to the Commissioner of the Financial Services Agency via said Designated Credit Bureau:
(i) written reason;
(ii) resume;
(iii) a document stating the method of handling the regular business and working status at the Designated Credit Bureau;
(iv) in cases where the relevant person intends to engage in the regular business of Other Juridical Person, a document stating the method of handling the regular business at said Other Juridical Person, and the transactions and relationship with said Other Juridical Person, as well as the articles of incorporation of said Other Juridical Person, a document stating the contents of the latest operation reports or business reports, balance sheet (including relative notes; the same shall apply hereinafter), profit and loss statement (including relative notes, the same shall apply hereinafter), statements on appropriation of surplus, statements on appropriation of loss, statement of changes in shareholders' equity (including relative notes; the same shall apply hereinafter), or any other documents which discloses the most recent status of operations, property and profit and loss;
(v) in cases where the relevant person intends to continue to engage in the business set forth in the items of paragraph (2) of the preceding Article which he/she is now engaged in, a document stating the type and method of such business, most recent status of the operations, property and profit and loss of such business and the estimate of the transactions and earnings and expenditures during the one year period from the day of application;
(vi) in cases where the relevant person intends to newly engage in the business set forth in the items of paragraph (2) of the preceding Article, a document stating the type and method of such business and the estimate of transactions and earnings and expenditures during the one year period after the commencement of such business; and
(vii) other documents stating the matters found necessary by the Commissioner of the Financial Services Agency.
(2) In cases where an application for authorization under the preceding paragraph has been filed, the Commissioner of the Financial Services Agency shall examine whether the fact that the representative person or the Officer regularly engaged in the business of the Designated Credit Bureau related to said application represents or regularly engages in the business of the Other Juridical Person related to said application or engages in business is not likely to hinder such representative person or Officer to represent the Designated Credit Bureau or regularly engage in the business of the Designated Credit Bureau.
(Application for Approval of Subsidiary Business)
Article 30-4 (1) When a Designated Credit Bureau intends to obtain the approval pursuant to the proviso to Article 41-18, paragraph (1) of the Act, it shall submit a written application for approval containing the following matters to the Commissioner of the Financial Services Agency:
(i) the business for which the Designated Credit Bureau intends to obtain approval of subsidiary business (hereinafter referred to as the "Subsidiary Business" in this Article); and
(ii) date of commencement of the Subsidiary Business.
(2) The following documents shall be attached to the written application for approval under the preceding paragraph:
(i) a document stating the content and method of the Subsidiary Business;
(ii) a document stating the organization having jurisdiction over the Subsidiary Business and the assignment of personnel;
(iii) rules concerning the operations of the Subsidiary Business; and
(iv) a document stating the expectations on earnings and expenditures of the Subsidiary Business for the three years period after the commencement of the Subsidiary Business.
(Notification of Abolition of Subsidiary Business)
Article 30-5 When a Designated Credit Bureau intends to make a notification stating to the effect that said Designated Credit Bureau has abolished the business for which the approval under the proviso to Article 41-18, paragraph (1) of the Act has been obtained pursuant to paragraph (2) of that Article, it shall report a document containing the following matters to the Commissioner of the Financial Services Agency:
(i) the content of the abolished business;
(ii) the date of abolition; and
(iii) the reasons for the abolition.
(Application for Approval of Partial Entrustment of Service)
Article 30-6 (1) When a Designated Credit Bureau intends to obtain the approval pursuant to Article 41-19, paragraph (1) of the Act, it shall submit a written application for approval containing the following matters to the Commissioner of the Financial Services Agency:
(i) the trade name or name and address or location of the other person to whom the service is entrusted (hereinafter referred to as the "Entrusted Person");
(ii) the content and scope of service to be entrusted; and
(iii) the period of entrustment.
(2) The following documents shall be attached to the written application for approval under the preceding paragraph:
(i) a written reason;
(ii) a document containing the content of the entrustment contract of service;
(iii) a document pledging that the Entrusted Person satisfies the requirement equivalent to that set forth in Article 41-13, paragraph (1), item (iii) of the Act;
(iv) a document pledging that the Officer of the Entrusted Person satisfies the requirement equivalent to that set forth in Article 41-13, paragraph (1), item (iv) of the Act;
(v) the certificate of registered matters of the Entrusted Person;
(vi) the articles of incorporation or articles of endowment of the Entrusted Person;
(vii) a document stating the method of implementation of the service to be entrusted;
(viii) the business report, balance sheet and profit and loss statement of the Entrusted Person for each year during the most recent three years, or substitute documents therefor;
(ix) a document stating the name or trade name of the Officer of the Entrusted Person;
(x) an extract of the certificate of residence of the Officer of the Entrusted Person (in cases where the relevant Officer is a foreign national, the certificate of registered matters on the alien registration car, and in cases where the relevant Officer is a juridical person, the certificate of registered matters of said juridical person), or substitute documents therefor;
(xi) a resume of the Officer of the Entrusted Person (in cases where the relevant Officer is a juridical person, a document stating the history of said juridical person);
(xii) a document stating the duties of the director of the Entrusted Peron (including members in charge of executing business, director or any other persons equivalent thereto, and in cases of a company with committees, the executive officer); and
(xiii) other documents stating the matters that will serve as a reference.
(Requirement for Approval of Partial Entrustment of Service)
Article 30-7 In cases where the Commissioner of the Financial Services Agency has accepted the written application for approval under paragraph (1) of the preceding Article, and when such application is found to have conformed to the following requirements, he/she shall approve such application:
(i) that the entrustment of service contributes to the efficiency of said service;
(ii) that the Entrusted Person is a juridical person with social credibility and, with regard to the entrusted service, has an appropriate plan and is able to carry out such service in a reliable manner;
(iii) that the Entrusted Person satisfies the requirement equivalent to that set forth in Article 41-13, paragraph (1), item (iii) of the Act;
(iv) that the Officer of the Entrusted Person satisfies the requirement equivalent to that set forth in Article 41-13, paragraph (1), item (iv) of the Act.
(Matters to be Stated on Operational Rules)
Article 30-8 The matters specified by Cabinet Office Ordinance as referred to in Article 41-20, paragraph (1), item (x) of the Act shall be as follows:
(i) the matters concerning the hours during which the Credit Information Service is to be carried out as well as the holidays therefor;
(ii) the matters concerning the supervision system for the workers;
(iii) the matters concerning the preparation of records in Credit Information Service;
(iv) the matters concerning the basic terms and conditions for the contract on Credit Information Service;
(v) the matters concerning the consent of the Persons in Need of Funds, etc. for the Credit Information to be handled under the Credit Information Service;
(vi) the matters concerning measures necessary not to have the facility to be used for the Credit Information Service easily damaged by power failure, earthquakes, fires, flood damages or any other disasters;
(vii) the matters concerning measures for the requests for disclosure and others defined in Article 29, paragraph (1) of the Act on the Protection of Personal Information (Act No. 57 of 2003); and
(viii) other matters necessary for the Credit Information Service.
(Matters to be Recorded, etc. in the Record on Credit Information Service)
Article 30-9 (1) Pursuant to the provisions of Article 41-22 of the Act, a Designated Credit Bureau shall prepare a record on the following matters with regard to its Credit Information Service:
(i) the trade name or name of the Member Money Lender that requested the provision of Personal Credit Information or codes sufficient to specify such Member Money Lender (in cases where a Designated Credit Bureau has received the request of provision of Personal Credit Information from another Designated Credit Bureau based on the request of the Member Money Lender of said other Designated Credit Bureau, the trade name or name of said other Designated Credit Bureau, the name or trade name of the Member Money Lender of said Designated Credit Bureau from which the request of provision has been made, or codes sufficient to specify said Member Money Lender);
(ii) the name of the individual of which the Personal Credit Information has been requested to be provided;
(iii) the date on which the request of provision of Personal Credit Information was made; and
(iv) the contents of the provided Personal Credit Information.
(2) The record prescribed in the preceding paragraph shall be preserved for three years after the preparation thereof.
(Notification Matters)
Article 30-10 (1) When a Designated Credit Bureau intends to make the notification under Article 41-28 of the Act, it shall submit the written notification by attaching a written reason and other documents stating the matters that will serve as a reference (in the case set forth in the following items, including the matters specified in the respective items) thereto to the Commissioner of the Financial Services Agency:
(i) the case set forth in Article 41-28, item (i) of the Act: the day on which the Credit Information Contract was concluded or terminated, and the name or trade name of the Money Lender;
(ii) the case set forth in item (vi) of the following paragraph: the following matters:
(a) a summary of the accident; and
(b) remedial measures;
(iii) the case set forth in item (vii) or (viii) of the following paragraph: the following matters:
(a) the name of the business office or office at which the acts took place;
(b) the name or trade name and title of the Office or employee (collectively referred to as the "Officer, etc." in items (vii) and (viii) of the following paragraph) that conducted such acts;
(c) a summary of the act; and
(d) remedial measures.
(2) The cases specified by Cabinet Office Ordinance as referred to in Article 41-28, item (iii) of the Act shall be the following cases:
(i) cases where the relevant Designated Credit Bureau has changed its articles of incorporation or provisions equivalent thereto;
(ii) cases where the Parent Company or Subsidiary Juridical Person of the relevant Designated Credit Bureau (such Subsidiary Juridical Person means a juridical person or other organization of which the majority of the Voting Rights Held by All the Shareholders, etc. are held by the Designated Credit Bureau; the same shall apply in item (iv)) has changed its name, location of the principal business office or office, or contents of the business;
(iii) cases where the Parent Company of the relevant Designated Credit Bureau has ceased to be the Parent Company thereof;
(iv) cases where the Subsidiary Juridical Person of the relevant Designated Credit Bureau has ceased to be the Subsidiary Juridical Person thereof, or where the Designated Credit Bureau has acquired or held the voting rights of its Subsidiary Juridical Person;
(v) cases where voting rights exceeding five percent of the Voting Rights Held by All the Shareholders, etc. of the relevant Designated Credit Bureau has come to be acquired or held by a single shareholder, member or equity investor;
(vi) cases where an accident in which whole or part of the Credit Information Service is to be suspended, due to the breakdown of the electronic data processing system;
(vii) cases where the Designated Credit Bureau or the Officer, etc. of the party to which the business of said Designated Credit Bureau has been partially entrusted, has come to know the occurrence of an act against laws and regulations or Operational Rules of said Designated Credit Bureau upon executing the Credit Information Service (in cases of the party to which the business is partially entrusted, limited to those related to the business which the relevant Designated Credit Bureau intends to entrust);
(viii) cases where the relevant Designated Credit Bureau has come to know that the Member Money Lender or the Officer, etc. thereof has conducted an act against the provisions of Article 41-35, Article 41-36, or Article 41-38 of the Act or the Operational Rules of the Designated Credit Bureau.
(3) The notification to be made in cases where the relevant Designated Credit Bureau falls under the case set forth in item (vii) or (viii) of the preceding paragraph, shall be made within 30 days from the day on which the Designated Credit Bureau has come to know the facts prescribed in those provisions.
(4) The provisions of Article 2, paragraph (2) shall apply mutatis mutandis to the voting rights held by the Designated Credit Bureau in the case set forth in paragraph (2), item (ii) or (v), or to the voting rights that have come to be acquired or held by a single shareholder, member or equity investor.
(Submission of Reports on Business and Property)
Article 30-11 (1) The reports on business and property to be prepared by the Designated Credit Bureau under Article 41-29, paragraph (1) of the Act shall be prepared using Appended Form No. 21, and submitted to the Commissioner of the Financial Services Agency within three months after the end of the business year.
(2) The financial statements prescribed in Article 435, paragraph (2) of the Companies Act pertaining to the most recent business year (in cases where the relevant Designated Credit Bureau is not a company, substitute documents therefor) shall be attached to the report referred to in the preceding paragraph.
(3) In cases where the Designated Credit Bureau is not able to submit the report under paragraph (1) within the period provided in that paragraph for any compelling reason, it may postpone such submission by obtaining the approval from the Commissioner of the Financial Services Agency in advance.
(4) When a Designated Credit Bureau intends to obtain the approval under the preceding paragraph, it shall submit a written application for approval by attaching a written reason thereto to the Commissioner of the Financial Services Agency.
(5) When the application for approval under the preceding paragraph has been filed, the Commissioner of the Financial Services Agency shall examine whether a compelling reason for the Designated Credit Bureau that made said application to postpone the submission under paragraph (3) may be found.
(Contract Not Requiring the Provision of Credit Information)
Article 30-12 The Basic Contract for a Revolving Credit Loan and other contracts specified by Cabinet Office Ordinance as referred to in Article 41-35, paragraph (1) of the Act shall be the contracts set forth in the items of Article 1-2-2.
(Matters Included in Personal Credit Information)
Article 30-13 (1) The matters specified by Cabinet Office Ordinance as referred to in Article 41-35, paragraph (1), item (i) of the Act shall be the following matters related to an Individual Customer:
(i) name (with phonetic transcriptions in kana);
(ii) address;
(iii) date of birth;
(iv) telephone number;
(v) the trade name or name of the place of work;
(vi) the number of the driver's license (limited to cases where the relevant Individual Customer has received the delivery of driver's license);
(vii) in cases where the Member Money Lender has conducted the Identity Confirmation (meaning the identity confirmation defined in Article 4, paragraph (1) of the Act on Prevention of Transfer of Criminal Proceeds (Act No. 22 of 2007)) by the method of presentation of Documents for Identity Confirmation (meaning passports, etc. prescribed in Article 3, paragraph (1), item (ii) of the Ordinance for Enforcement of the Act on Prevention of Transfer of Criminal Proceeds (Ordinance of the Cabinet Office, Ministry of Internal Affairs and Communications, Ministry of Justice, Ministry of Finance Japan, Ministry of Health, Labor and Welfare, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry, and Ministry of Land, Infrastructure, Transport and Tourism No. 1 of 2008), the documents set forth in Article 4, item (i), sub-item (c) of that Ordinance, or the alien registration certificate; hereinafter the same shall apply in this paragraph), marks and number sufficient to specify the relevant person which are stated in the relevant Documents for Identity Confirmation; and
(viii) in cases where the relevant Individual Customer has concluded the contracts set forth in Article 10-23, paragraph (1), item (vi), the matters set forth in items (i) to (vi) inclusive related to the spouse of said Individual Customer (with regard to the matter set forth in item (vi), limited to cases where such spouse has received the delivery of driver's license) and the marks and number sufficient to specify the relevant spouse which are stated on the Documents for Identity Confirmation related to said souse (limited to cases where the Documents for Identity Confirmation is provided).
(2) The matters specified by Cabinet Office Ordinance as referred to in Article 41-35, paragraph (1), item (iv) of the Act shall be the following matters:
(i) the outstanding balance of the Loan (in cases of a Revolving Credit Loan under a Basic Contract for a Revolving Credit Loan, the total amount of outstanding balance of the Revolving Credit Loan under said Basic Contract for a Revolving Credit Loan);
(ii) information as to whether the payment of principal or interest has been delayed or not; and
(iii) in cases where the relevant contract falls under the category of loan contracts set forth in Article 10-21, paragraph (1), items (i) to (iv) inclusive and the items of Article 10-23, paragraph (1), a statement to the effect.
(Cases where Consent for Provision, etc. of Credit Information is Unnecessary)
Article 30-14 (1) The cases specified by Cabinet Office Ordinance as referred to in Article 41-36, paragraph (1) of the Act shall be the case where the consent is necessary for the administration of the claim under the loan contract concluded before the time set forth in the following items and the contract for a Revolving Credit Loan under a Basic Contract for a Revolving Credit Loan, which has been concluded before such time (including cases where the investigation under Article 13-3, paragraph (1) or (2) of the Act is to be made with regard to said Basic Contract for a Revolving Credit Loan):
(i) when the Organization Handling Credit Information that has concluded a Credit Information Contract with a Money Lender has received the designation under Article 41-13, paragraph (1) of the Act;
(ii) when a Money Lender has concluded a Credit Information Contract with a Designated Credit Bureau.
(2) The contracts specified by Cabinet Office Ordinance as referred to in Article 41-36, paragraph (2) of the Act shall be the contracts set forth in the items of Article 1-2-2.
(Obtaining, etc. Consent of the Spouse for Provision, etc. of Credit Information)
Article 30-15 (1) In cases where a Member Money Lender requests a Member Designated Credit Bureau (meaning the Member Designated Credit Bureau as defined in Article 41-35, paragraph (2) of the Act; the same shall apply in the following paragraph) to provide the Credit Information pertaining to the spouse of the Person in Need of Funds, etc. (including the request of provision of Personal Credit Information pertaining to the relevant spouse held by another Designated Credit Bureau), except in the following cases, such Member Money Lender shall, in advance, obtain the consent from the spouse in writing or by Electromagnetic Means:
(i) the case set forth in paragraph (1) of the preceding Article;
(ii) cases where the relevant spouse has concluded the contract set forth in Article 10-23, paragraph (1), item (vi) (limited to the case where the Member Money Lender intends to conclude a Contract for a Loan with the relevant Person in Need of Funds, etc. or cases where the consent is necessary for the administration of the claim under the loan contract concluded with said Person in Need of Funds, etc. (including cases where the investigation under Article 13-3, paragraph (1) or (2) of the Act is to be implemented with regard to the Basic Contract for a Revolving Credit Loan concluded with the relevant Person in Need of Funds, etc.)).
(2) In cases where a Member Money Lender intends to conclude the contract set forth in Article 10-23, paragraph (1), item (vi) with an Individual Customer, such Member Money Lender shall, in advance, obtain the following consent from the spouse of said Individual Customer in writing or by Electromagnetic Means; provided, however, that, this shall not apply to cases where the relevant contract is a Contract for a Revolving Credit Loan Concluded Prior to the Relevant Credit Information Contract (meaning the Contract for a Revolving Credit Loan Concluded Prior to the Relevant Credit Information Contract as prescribed in Article 41-36, paragraph (2) of the Act) concluded with said Individual Customer:
(i) a consent to the effect that the matters set forth in Article 30-13, paragraph (1), item (viii) shall be provided to the Member Designated Credit Bureau;
(ii) a consent to the effect that the Member Designated Credit Bureau shall provide the matters set forth in Article 30-13, paragraph (1), item (viii) to another Member Money Lender of said Member Designated Credit Bureau; and
(iii) a consent to the effect that the relevant Member Money Lender shall provide the matters set forth in Article 30-13, paragraph (1), item (viii) to the Member Money Lender of another Designated Credit Bureau in response to the request under Article 41-24, paragraph (1).
(3) In cases where a Member Money Lender has obtained the consent under the preceding two paragraphs, it shall prepare a record on such consent and preserve it as provided in the following article.
(Preparation, etc. of Record on the Consent for Provision, etc. of Credit Information)
Article 30-16 A Member Money Lender shall preserve the record on the consent provided in Article 41-36, paragraph (3) or paragraph (3) of the preceding Article as long as the Designated Credit Bureau holds the Credit Information based on such consent.
(Calculation of Ratio in Relation to the Number of Money Lenders that Raised Objections)
Article 30-17 The calculation of the ratio referred to in Article 41-39, paragraph (1), item (viii) of the Act shall be made by dividing the number of the Money Lenders that raised objections (limited to those with reasonable grounds attached thereto) to the matters related to the cancellation of the Basic Contact for Implementation of Dispute Resolution Procedures, other contents of the Basic Contact for Implementation of Dispute Resolution Procedures (excluding the matters set forth in the items of Article 41-44, paragraph (2) of the Act) and any other contents of the Operational Rules (meaning the Operational Rules as prescribed in Article 41-39, paragraph (1), item (vii) of the Act; hereinafter the same shall apply in this Article, paragraph (1) of the following Article, and Article 30-29, paragraph (2)) (excluding the matters which are to be included in the Operational Rules pursuant to Article 41-44, paragraph (3) of the Act and the matters necessary to satisfy the requirements set forth in the items of paragraph (4) of that Article and paragraph (5), item (i) of that Article) by submitting a document stating as to whether the relevant Money Lender has any objections to the contents of the Operational Rules and, if such Money Lender has objections, the contents and the reasons therefore (such document shall be referred to as the "Written Opinion" in the following Article) to the person who intends to file the application under Article 41-39, paragraph (1) of the Act, by the number of the Money Lenders publicized by the Commissioner of the Financial Services Agency as of the day when such person who intends to file the application has delivered or sent the Operational Rules, etc. set forth in paragraph (1), item (ii) of the following Article (in cases where the relevant person has delivered or sent such Operational Rules, etc. over two or more days, the latest day; the same shall apply in Article 30-19) (such Money Lenders shall be referred to as "All Money Lenders" in the following Article and Article 30-20, paragraph (2)).
(Hearing of Opinions, etc. from Money Lenders)
Article 30-18 (1) A person who intends to filed the application under Article 41-39, paragraph (1) of the Act shall, pursuant to paragraph (2) of that Article, explain the contents of the Operational Rules to the Money Lenders, and in cases where hearing opinions as to whether the Money Lenders have any objections to it (if the Money Lender has an objections, including the reasons therefor), hold an explanatory meeting as provided as follows:
(i) the date when and place where the explanatory meeting is to be held shall be decided by taking in to consideration the gathering of All Money Lenders;
(ii) the relevant person who intends to filed the application shall deliver or send to All Money Lenders the document stating the following matters and the Operational Rules, etc. (collectively referred to as the "Operational Rules, etc." in the following Article and Article 30-20, paragraph (2)) two weeks prior to the date of the explanatory meeting (in cases of holding two or more explanatory meetings, the date of the first explanatory meeting):
(a) the trade name or name, location of the principal business office or office, telephone number and other point of contract of the relevant person who intends to file the application;
(b) the date and time, and place of the explanatory meeting; and
(c) a statement to the effect that the Money Lender shall submit a Written Opinion to the relevant person who intends to file the application within a certain period counting from the date of the explanatory meeting (in cases of holding two or more explanatory meetings, the date of the first explanatory meeting); and
(iii) the certain period as referred to in sub-item (c) of the preceding item shall be not shorter than two weeks.
(2) All of the following matters shall be stated in the document stating the results prescribed in Article 41-39, paragraph (2) of the Act:
(i) date and time and place of all of the explanatory meetings;
(ii) information on the attendance of All Money Lenders to the explanatory meeting;
(iii) information on the submission of Written Opinion by All Money Lenders;
(iv) information on as to whether objections are stated in the submitted written opinions; and
(v) in cases where there are statements of objections which do not fall under the objection prescribed in Article 41-39, paragraph (1), item (viii) of the Act in the submitted Written Opinion, such fact and the reasons under which the relevant objection was judged not to fall under the objection prescribed in that item.
(3) The document prescribed in the preceding paragraph shall be attached to all of the Written Opinions submitted by the Money Lenders.
(Submission of Written Application for Designation)
Article 30-19 The written application for designation under Article 41-40, paragraph (1) of the Act shall be submitted within three months from the day on which the Operational Rules, etc. were delivered or sent.
(Documents to be Attached to the Written Application for Designation)
Article 30-20 (1) The documents specified by Cabinet Office Ordinance as referred to in Article 41-40, paragraph (2), item (v) of the Act shall be the following documents:
(i) the balance sheet, and income and expenditure statement or profit and loss statement of the business year immediately preceding the business year that includes the day of application prescribed in Article 41-39, paragraph (1) of the Act, and the inventory of property of the relevant business year or documents equivalent thereto (in cases where the person who intends to obtain the designation under that paragraph (referred to as the "Applicant" in paragraph (3)) is a Juridical Person (meaning the juridical person as prescribed in Article 41-39, paragraph (1), item (i) of the Act; the same shall apply in Article 30-26, paragraph (3), item (iii)) established in the business year that includes the day of application, the inventory of property at the time of establishment thereof or documents equivalent thereto); and
(ii) a document stating the expected income and expenditure after the designation under Article 41-39, paragraph (1) of the Act.
(2) The documents specified by Cabinet Office Ordinance as referred to in Article 41-40, paragraph (2), item (vi) of the Act shall be the following documents:
(i) the Operational Rules, etc. delivered or sent to All Money Lenders pursuant to Article 30-18, paragraph (1), item (ii);
(ii) a document evidencing the date when and method by which the Operational Rules, etc. were delivered or sent to All Money Lenders;
(iii) in cases where the Applicant has sent the Operational Rules, etc. to Money Lenders, a document evidencing the matters specified in the following sub-item (a) or (b) according to the category of cases set forth in the respective sub-item, as the information on as to whether the Operational Rules, etc. have arrived at the Money Lenders and the facts related to the arrival:
(a) in cases where the Operational Rules, etc. have arrived: the date of arrival;
(b) in cases where the Operational Rules, etc. have not arrived: the cause of the failure of the arrival by the ordinary method of sending.
(3) The documents specified by Cabinet Office Ordinance as referred to in Article 41-40, paragraph (2), item (vii) of the Act shall be the following documents:
(i) a document stating the trade name or name and location of the principal office or office of the person who holds the voting rights exceeding five percent of the Voting Rights Held by All the Shareholders, etc. (meaning the voting rights held by all the shareholders, workers, members, partnerships or investors; the same shall apply in the following item and Article 30-29, paragraph (2)) of the Applicant, as well as the number of voting rights held thereby;
(ii) a document stating the trade name or name, location of the principal business office or office and the contents of the business of the Parent Juridical Person (meaning a juridical person or any other organization that holds the majority of the Voting Rights Held by All the Shareholders, etc. of the Applicant) and Subsidiary Juridical Person (meaning the juridical person or any other organization of which the majority of the Voting Rights Held by All the Shareholders, etc. are held by the Applicant) of the Applicant;
(iii) an extract of the certificate of residence of the Officer (meaning the officer as prescribed in Article 41-39, paragraph (1), item (iv) of the Act; hereinafter the same shall apply in this paragraph, Article 30-23 and Article 30-24) (in cases where the relevant Officer does not have a Japanese nationality, the certificate of the registered matters on the alien registration card) or substitute documents therefor (in cases where the relevant Officer is a juridical person, a certificate of registered matters of said Officer);
(iv) a certificate issued by a public agency stating to the effect that the relevant Officer does not fall under the category set forth in Article 41-39, paragraph (1), item (iv), sub-items (a) and (b) (in cases where the relevant Officer does not have a Japanese nationality, a document in which the Officer pledges that he/she does not fall under the category of person set forth in sub-item (a) or (b) of that item);
(v) the resume of the Officer (in cases where the relevant Officer is a juridical person, a document stating the history of said Officer);
(vi) a document stating the status of securing the candidates for Dispute Resolution Mediator (meaning the Dispute Resolution Mediator as defined in Article 41-41, paragraph (1) of the Act; the same shall apply in Article 30-27, paragraph (2), item (iii)), Officers and employee (hereinafter collectively referred to as the "Officer, etc." in this item, the following item and Article 30-29) who have knowledge and experience on Business of Dispute Resolution, etc. and the status of assignment of such Officer, etc.;
(vii) a document in which the Officer, etc. pledges that he/she is not an Organized Crime Group Member, etc. (meaning the Organized Crime Group Member, etc. as prescribed in Article 6, paragraph (1), item (vi) of the Act; the same shall apply in Article 30-29, paragraph (1), item (ii)); and
(viii) other documents stating matters that will serve as a reference.
(Matters to be Specified in the Operational Rules)
Article 30-21 The matters specified by Cabinet Office Ordinance as referred to in Article 41-44, paragraph (1), item (viii) of the Act shall be the following matters:
(i) the matters related to the hours during which the Business of Dispute Resolution, etc. is to be carried out as well as the holidays therefor;
(ii) the name and location of the business office or office as well as the matters related to the area in which the business office or office is to carry out the Business of Dispute Resolution, etc.;
(iii) the matters related to the system for supervision of the employee who carries out the Business of Dispute Resolution, etc.;
(iv) in cases of entrusting the business of Complaint Processing Procedures or Dispute Resolution Procedures, the matters related to such entrustment; and
(v) other matters necessary for the Business of Dispute Resolution, etc.
(Contents of the Basic Contact for Implementation of Dispute Resolution Procedures)
Article 30-22 The matters specified by Cabinet Office Ordinance as referred to in Article 41-44, paragraph (2), item (xi) of the Act shall be that, in cases where the Person In Need of Funds, etc. (meaning the Person in Need of Funds, etc. as prescribed in Article 41-42, paragraph (2) of the Act; the same shall apply in Article 30-25, paragraph (1), Article 30-26, paragraph (3), item (iii), and Article 30-27, paragraph (1)) related to the Member Money Lender (meaning the Member Money Lender as prescribed in Article 41-42, paragraph (2) of the Act; hereinafter the same shall apply in this Article, Article 30-25, paragraph (1), Article 30-27, paragraph (1) and Article 30-29, paragraph (2), item (ix)) that is the party has made a request, the Designated Dispute Resolution Organization may investigate the status of performance of the obligations specified in the settlement through the Dispute Resolution Procedure, and recommend said Member Money Lender to perform such obligations.
(Substantial Controller, etc.)
Article 30-23 The person specified by Cabinet Office Ordinance as one who substantially controls business of the Designated Dispute Resolution Organization or who has a material influence on the business thereof by the holding of the shares of the Designated Dispute Resolution Organization as defined in Article 41-44, paragraph (4),item(3) of the Act, financing to the Designated Dispute Resolution Organization or any other cause, shall be the following persons that have control on the decision of the business policy of the Designated Dispute Resolution Organization in light of the business relationship, and who are found unclear not to have a material influence on the business thereof:
(i) in cases where the voting rights held by a specific person on its own account and the voting rights held by any persons who are found to exercise their voting rights in the same manner as the intent of said specific person due to their close ties with said specific person in terms of contribution, personnel affairs, funds, technology, transactions, etc. and those held by any persons who have given their consent to exercising their voting rights in the same manner as the intent of said specific person, when combined, constitute more than one-third of the voting rights of the Designated Dispute Resolution Organization (including cases where said specific person does not hold the voting rights in his/her own account), said specific person;
(ii) an Officer of the Designated Dispute Resolution Organization or a person who was formerly an Officer thereof;
(iii) the relative(s) within the third degree of kinship to the Officer of the Designated Dispute Resolution Organization;
(iv) an entity that has the persons set forth in the preceding two items as its representative person (including the representative person or administrator of the organization without judicial personality having a representative person or administrator; the same shall apply in item (iv) of the following Article);
(v) an entity of which the Officers or employees consists or consisted of more than one-third of the Officers of the Designated Dispute Resolution Organization;
(vi) an entity that has concluded with a Designated Dispute Resolution Organization a contract for controlling the decision of the business policy of the Designated Dispute Resolution Organization;
(vii) in cases where a specific person finances (including guarantee of debts and provision of collateral; hereinafter the same shall apply in this item and item (vii) of the following Article) more than one-third of the total amount of the procured funds (limited to those recorded in the liabilities section of the balance sheet; hereinafter the same shall apply in this item and item (vii) of that Article) of the Designated Dispute Resolution Organization (including cases where the amount financed by said specific person and the amount financed by any persons who have close ties with said specific person in terms of contribution, personnel affairs, funds, technology, transactions, etc., when combined, constitute more than one third of the total amount of such procured funds), said specific person;
(viii) in addition to the persons set forth in the preceding items, persons whose circumstance suggest that such person has control on the decision of the business policy of the Designated Dispute Resolution Organization;
(ix) in cases where a specific person whose relationship with the persons set forth in the preceding items is the same as the relationship of the person set forth in the preceding items (excluding items (ii) to (iv) inclusive; hereinafter the same shall apply in this item) with the Designated Dispute Resolution Organization as prescribed in the preceding items, such specific person;
(x) in cases where the relationship of the persons set forth in the preceding items with a specific person is the same as the relationship of the Designated Dispute Resolution Organization set forth in item (i) or (v) to (viii) inclusive of the following Article with the persons set forth in item (i) or (v) to (viii) inclusive of that Article, such specific person.
(Subsidiary Company, etc.)
Article 30-24 The person specified by Cabinet Office Ordinance as one whose business is substantially controlled by the Designated Dispute Resolution Organization or the Designated Dispute Resolution Organization as defined in Article 41-44, paragraph (4),item(3) of the Act, has a material influence on the business thereof by the holding of the shares of said person, financing to said person or any other cause, shall be the following persons who are found unclear that the decision of the business policy of the persons set forth in the respective items cannot be controlled by a Designated Dispute Resolution Organization in light of the business relationship:
(i) in cases where the voting rights held by the Designated Dispute Resolution Organization on its own account and the voting rights held by any persons who are found to exercise their voting rights in the same manner as the intent of said Designated Dispute Resolution Organization due to their close ties with said Designated Dispute Resolution Organization in terms of contribution, personnel affairs, funds, technology, transactions, etc. and those held by any persons who have given their consent to exercising their voting rights in the same manner as the intent of said Designated Dispute Resolution Organization, when combined, constitute more than one-third of the voting rights of another juridical person or organizations without judicial personality having a representative person or administrator (hereinafter collectively referred to as the "Juridical Person, etc." in this item and item (v)) (including cases where the Designated Dispute Resolution Organization does not hold the voting rights in its own account), said other Juridical Person, etc.;
(ii) an Officer of the Designated Dispute Resolution Organization or an employee of the Designated Dispute Resolution Organization, or a person who was formerly in such position;
(iii) the relative(s) within the third degree of kinship to the Officer of the Designated Dispute Resolution Organization;
(iv) an entity that has the persons set forth in the preceding two items as its representative person;
(v) in cases where the persons set forth in item (ii) consists more than one-third of another Juridical Person, etc., said other Juridical Person, etc.;
(vi) in cases where a Designated Dispute Resolution Organization has concluded with a specific person a contract for controlling the decision of the business policy of said specific person, said specific person;
(vii) in cases where a specific person finances more than one-third of the total amount of the procured funds of the Designated Dispute Resolution Organization (including cases where the amount financed by said specific person and the amount financed by any persons who have close ties with said specific person in terms of contribution, personnel affairs, funds, technology, transactions, etc., when combined, constitute more than one third of the total amount of such procured funds), said specific person;
(viii) in addition to the persons set forth in the preceding items, in cases where the Designated Dispute Resolution Organization's circumstance suggests that such Designated Dispute Resolution Organization has control on the decision of the business policy of a specific person, such specific person; and
(ix) in cases where the relationship of the persons set forth in the preceding items with a specific person is the same as the relationship of the Designated Dispute Resolution Organization set forth in the preceding items (excluding items (ii) to (iv) inclusive; hereinafter the same shall apply in this item) with the person set forth in the preceding items, such specific person.
(Matters to be Stated on the Records on the Complaint Processing Procedures)
Article 30-25 (1) Pursuant to the provisions of Article 41-48 of the Act, a Designated Dispute Resolution Organization shall, in relation to the Complaint Processing Procedures implemented thereby, prepare a record stating the following matters:
(i) the date on which the Person in Need of Funds, etc. related to the Member Money Lender has filed an application for the settlement of the Complaints Related to Money Lending Operations (meaning the Complaints Related to Money Lending Operations as defined in Article 2, paragraph (20) of the Act; the same shall apply in paragraph (3), item (iii) of the following Article) as well as the contents thereof;
(ii) the name or trade name of the Person in Need of Funds, etc. related to the Member Money Lender that filed the application under the preceding item, and of the agent thereof, as well as the trade name or name of said Member Money Lender;
(iii) the particulars of the Complaint Processing Procedures;
(iv) the results of the Complaint Processing Procedures (including the reasons for the termination of the Complaint Processing Procedures and the date thereof).
(2) The Designated Dispute Resolution Organization shall preserve the record stating the matters set forth in the preceding paragraph for at least five years from the day on which the Complaint Processing Procedures implemented thereby have been completed.
(Interests, etc. of the Dispute Resolution Mediators)
Article 30-26 (1) The person who has an interest with the party set forth in Article 41-44, paragraph (1), item (v) of the Act (hereinafter simply referred to as the "Party" in this paragraph) related to the application under Article 41-50, paragraph (1) of the Act, as prescribed in paragraph (3) of that Article shall be those who fall under any of the following persons:
(i) a spouse of the Party or a person who was formerly the spouse of the Party;
(ii) the relatives by blood within the fourth degree of kinship, affinity within the third degree of kinship, or other relatives living with the Party, or a person who was formerly in such position;
(iii) the guardian, supervisor of guardian, curator, supervisor of curator, assistant or supervisor of assistant of the Party;
(iv) an agent or assistant of the Party with regard to the Dispute Related to Money Lending Operations (meaning the Dispute Related to Money Lending Operations as defined in Article 2, paragraph (21) of the Act; the same shall apply in the following Article), or a person who was formerly in such position; and
(v) a person who earns an income by the provision of service from the Party or a person for whom three years have yet to elapse from the day on which such person has ceased to earn such income.
(2) The persons specified by Cabinet Office Ordinance as referred to in Article 41-50, paragraph (3), item (iii) of the Act shall be the persons who has any of the qualification and who has engaged in the business of responding to Consumer Affairs Consultation (meaning the Consumer Affairs Consultation as defined in Article 13, paragraph (3), item (v), sub-item (a) of the Consumer Contract Act (Act No. 61 of 2000)) for five years or more in total:
(i) the qualification as the consumer affairs expert counselor granted by the National Consumer Affairs Center of Japan;
(ii) the qualification as the consumer affairs advisor granted by Japan Industrial Association (meaning the juridical person established in the name of Japan Industrial Promotion Association on February 26 of 1918); or
(iii) the qualification as the consumer affairs consultant granted by the Japan Consumers' Association (meaning the juridical person established in the name of Japan Consumers' Association on September 5 of 1961).
(3) The persons specified by Cabinet Office Ordinance as referred to in Article 41-50, paragraph (3), item (v) of the Act shall be the following persons:
(i) a person who has held one or more of the following positions for five years or more in total:
(a) a judge;
(b) an assistant judge;
(c) a prosecutor;
(d) an attorney at law;
(e) a professor or associate professor who specializes in the subjects included in the laws of faculties or special courses of a university, or graduate schools accredited under the School Education Act;
(ii) a person who has held one or more of the following positions for five years or more in total:
(a) a certified public accountant;
(b) a tax accountant;
(c) a professor or associate professor who specializes in the subjects included in the economics or commercial science of faculties or special courses in a university, or graduate schools accredited under the School Education Act;
(iii) a person who has engaged in the business of processing Complaints related to Money Lending Operations, or investigation, instructions, recommendation, enactment of rules or other business necessary for the protection of Person in Need of Funds, etc. at the juridical person conducting the business of processing Complaints Related to Money Lending Operations for 10 years or more in total; or
(iv) persons found to have the knowledge and experience equivalent to or greater than the persons who fall under any of the person set forth in the preceding three items.
(Explanation to the Person in Need of Funds, etc. Related to the Member Money Lender that is the Party to the Dispute Related to Money Lending Operations)
Article 30-27 (1) When a Designated Dispute Resolution Organization has received a request for the delivery of the documents from the Person in Need of Funds, etc. related to the Member Money Lender that is the party to the Dispute Related to Money Lending Operations upon making the explanation prescribed in Article 41-50, paragraph (8) of the Act, such Designated Dispute Resolution Organization shall make the explanation by delivering the documents.
(2) The matters specified by Cabinet Office Ordinance as referred to in Article 41-50, paragraph (8), item (iii) of the Act shall be the following matters:
(i) the method of handling the confidential information of the party to the Dispute Related to Money Lending Operations and a third party which is included in the opinions to be stated or materials to be submitted or presented at the Dispute Resolution Procedure, or which is contained in the dispute resolution procedures record set forth in Article 41-50, paragraph (9) of the Act (referred to as the "Dispute Resolution Procedures Record" in paragraph (1) of the following Article);
(ii) the requirements and method for the party to the Dispute Related to Money Lending Operations to terminate the Dispute Resolution Procedure;
(iii) that, when the Dispute Resolution Mediator considers there to be no prospect of reaching a settlement between the Parties to the Dispute Related to Money Lending Operations through Dispute Resolution Procedures, such Dispute Resolution Mediator shall promptly terminate said Dispute Resolution Procedures and notify the Parties to the Dispute Related to Money Lending Operations to that effect; and
(iv) information on as to whether there is a document to be prepared in cases where a settlement has been reached between the parties to the Dispute Related to Money Lending Operations, and in cases where the document is to be prepared, the person who is to prepare such document, the number of copies to be prepared and any other outlines pertaining to the preparation of such document.
(Preservation and Preparation of Dispute Resolution Procedures Record)
Article 30-28 (1) A Designated Dispute Resolution Organization shall preserve the Dispute Resolution Procedures Record for at least ten years from the day on which the Dispute Resolution Procedure implemented thereby has completed.
(2) The matters specified by Cabinet Office Ordinance as referred to in Article 41-50, paragraph (9), item (vi) of the Act shall be the following matters:
(i) the contents of the application for the Dispute Resolution Procedure;
(ii) in cases where a Special Conciliation Proposal (meaning the Special Conciliation Proposal as prescribed in Article 41-44, paragraph (6) of the Act; hereinafter the same shall apply in this item) has been presented at the Dispute Resolution Procedure, the contents of said Special Conciliation Proposal and the date on which it was presented; and
(iii) in cases where the Dispute Resolution Procedure has resulted in a settlement, the details of the settlement.
(Matters to be Notified by the Designated Dispute Resolution Organization)
Article 30-29 (1) When a Designated Dispute Resolution Organization intends to make the notification under Article 41-56 of the Act, it shall submit the written notification by attaching a written reason and other documents stating the matters that will serve as a reference (in the cases set forth in the following items, including the matters specified in the respective items) thereto to the Commissioner of the Financial Services Agency:
(i) the cases set forth in Article 41-56, item (i) of the Act: the date on which the Basic Contract for Implementation of Dispute Resolution Procedures was concluded or terminated, and the trade name or name of the Money Lender;
(ii) the cases set forth in item (vi) of the following paragraph: a pledge by a person who has become an Officer, etc. of the Designated Dispute Resolution Organization that such person is not an Organized Crime Group Member;
(iii) the cases set forth in item (vii) of the following paragraph: reasons for expecting that it is uncertain that the Money Lender will perform the obligations pertaining to the Basic Contract for Implementation of Dispute Resolution Procedures or any other obligations regarding the implementation of Business of Dispute Resolution, etc., and the trade name or name of said Money Lender;
(iv) the cases set forth in item (viii) or (ix) of the following paragraph: the following matters:
(a) the name of the business office or office at which the act took place;
(b) the name or trade name and the title of the Officer, etc. that conducted the act;
(c) a summary of the act; and
(d) remedial measures.
(2) The cases specified by Cabinet Office Ordinance as referred to in Article 41-56, item (ii) of the Act shall be the following cases:
(i) cases where the relevant Designated Dispute Resolution Organization has changed its articles of incorporation or provisions equivalent thereto;
(ii) cases where the Parent Juridical Person (meaning the juridical person and other organization that holds the majority of the Voting Rights Held by All the Shareholders, etc. of the Designated Dispute Resolution Organization; the same shall apply in the following item) or Subsidiary Juridical Person (meaning a juridical person or other organization of which the majority of the Voting Rights Held by All the Shareholders, etc. are held by the Designated Dispute Resolution Organization; the same shall apply in item (iv)) of the relevant Designated Dispute Resolution Organization has changed its trade name or name, location of the principal business office or office, or contents of the business;
(iii) cases where the Parent Juridical Person has ceased to be the Parent Juridical Person thereof;
(iv) cases where the Subsidiary Juridical Person has ceased to be the Subsidiary Juridical Person, or where the Designated Dispute Resolution Organization has acquired or held the voting rights of its Subsidiary Juridical Person;
(v) cases where voting rights exceeding five percent of the Voting Rights Held by All the Shareholders, etc. of the relevant Designated Dispute Resolution Organization has come to be acquired or held by a single person;
(vi) cases where there is a person who has newly become an Officer, etc. of the Designated Dispute Resolution Organization after the submission of the written application for designation under Article 41-40, paragraph (1) of the Act;
(vii) in cases where the Designated Dispute Resolution Organization has received an application for conclusion of a Basic Contract for Implementation of Dispute Resolution Procedures from the Money Lender, and has refused such application;
(viii) when the Designated Dispute Resolution Organization or the Officer, etc. of the entity to which the business of the Designated Dispute Resolution Organization has been entrusted has come to know facts of the occurrence of acts in violation of laws and regulations or Operational Rules of said Designated Dispute Resolution Organization in executing the Business of Dispute Resolution, etc. (in cases of the entrusted entity of the business, limited to those related to the business to be entrusted by said Designated Dispute Resolution Organization); or
(ix) when the Designated Dispute Resolution Organization has come to know the fact that a Member Money Lender or the Officer, etc. has conducted acts in violation of the Designated Dispute Resolution Organization.
(3) The notification in cases where the relevant case falls under item (viii) or (ix) of the preceding paragraph, shall be made within one month from the day on which the Designated Dispute Resolution Organization has come to know the facts prescribed in these provisions.
(Submission of Reports on Business of Dispute Resolution, etc.)
Article 30-30 (1) The reports on Business of Dispute Resolution, etc. to be prepared by a Designated Dispute Resolution Organization under Article 41-57, paragraph (1) of the Act shall be prepared using Appended Form No. 22 and submitted to the Commissioner of the Financial Services Agency within three months after the end of the business year.
(2) The inventory of property, balance sheet, and income and expenditure statement or profit and loss statement, pertaining to the most recent business year or documents equivalent thereto shall be attached to the report under the preceding paragraph.
(3) In cases where the Designated Dispute Resolution Organization cannot submit the report prescribed in paragraph (1) within the period set forth in that paragraph for any compelling reason, it may postpone such submission by obtaining the approval from the Commissioner of the Financial Services Agency in advance.
(4) When a Designated Dispute Resolution Organization intends to obtain the approval under the preceding paragraph, it shall submit a written application for approval by attaching a written reason thereto to the Commissioner of the Financial Services Agency.
(5) When the application for approval under the preceding paragraph has been filed, the Commissioner of the Financial Services Agency shall examine whether a compelling reason for the Designated Dispute Resolution Organization that made said application to postpone the submission under paragraph (3) may be found.
(Routed Government Agency)
Article 31 A person who intends to submit a written application for registration under Article 4, paragraph (1) of the Act or other documents provided in the Act or this Ordinance to the Director-General of a Local Finance Bureau or Director-General of the Fukuoka Local Finance Branch Bureau shall, when there is a local finance office that has jurisdiction over the location of the principal Business Office, etc. of said person, or an Otaru Sub-Office or Kitami Sub-Office, submit such written application for registration and documents via the head of the local finance office or the head of the Otaru Sub-Office, or the head of the Kitami Sub-Office.
(Standard Processing Period)
Article 32 (1) The Prime Minister, Commissioner of the Financial Services Agency, Director-General of the Local Finance Bureau, Director-General of the Fukuoka Local Finance Branch Bureau or prefectural governor shall endeavor to render a disposition for the application within two months counting from the day on which the application for registration, designation, authorization or approval under the provisions of the Act, the Order or this Ordinance arrived at the relevant office; provided, however that Prime Minister, Commissioner of the Financial Services Agency, Director-General of the Local Finance Bureau, Director-General of the Fukuoka Local Finance Branch Bureau or prefectural governor shall endeavor to render the disposition for the application related to the following authorization within one month:
(i) the authorization under Article 41-44, paragraph (7) of the Act; and
(ii) the authorization under Article 41-60, paragraph (1) of the Act.
(2) The following periods shall not be included in the period set forth in the preceding paragraph:
(i) the period necessary for the correction of the relevant application;
(ii) the period necessary for the person who filed the relevant application to change the contents of such application; and
(iii) the period necessary for the person who filed the relevant application to add materials that are found necessary for the examination of such application.
Appended Table (In Relation to Article 11)
Formula No. 1 /sum_[i=1]^n (Ui*Ti)
Formula No. 2 (Ui + F) * Ti
"n" is the number of repayment installments.
"Ti" is the following period represented by using one year as one unit.
(a) when "i" is one, the period from the day of delivery until the day immediately preceding the first performance date;
(b) when "i" is two or more, the period from the latest performance date until the day immediately preceding the "i"th performance date.
"Ui" is the following amount:
(a) when "i" is one, the amount of Loan actually available;
(b) when "i" is two or more, the amount yet to be performed which are calculated pursuant to the following formula:
Ui = U(i - 1) - (P(i - 1) - R*U(i - 1) * T(i - 1))
"Pi" is the amount of the "i"th performance;
"R" is the Loan Interest Rate as prescribed in Article 14, item (i) of the Act.
"F" is the interest and the Payment Regarded as Interest as referred to in Article 14, item (i) of the Act.