Order for Enforcement of Banking Act

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=2447
Published: 2014

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Order for Enforcement of Banking Act (Tentative translation)

The Cabinet establishes this Cabinet Order pursuant to the provisions of Article 4, paragraph (3), Article 5, paragraph (1), Article 13, paragraphs (1) and (2), Article 15, paragraph (1), Article 30, paragraphs (2) and (3), Article 33, Article 34, paragraph (1), Article 35, paragraph (1), Article 43, paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to paragraph (2) of the same Article), Article 47, paragraph (3); Article 48, paragraph (2), Article 59 and Supplementary Provisions, Article 27 of the Banking Act (Act No.59 of 1981).

(Special Relationship)

Article 1 The special relationship provided for by a Cabinet Order specified by the Banking Act (hereinafter referred to as the "Act"), Article 3-2, paragraph (1), item (vi) shall be a family relationship within the third degree.

(A Person who has a Special Relationship concerning Foreign Banks)

Article 1-2 A person, who has a special relationship specified by a Cabinet Order prescribed by the main clause of Article 4, paragraph (3) of the Act, shall be the following persons (with regard to a person listed in item (iii) to (v), limited to a person who holds all or a part of the shares of an applicant for a Banking Business license):

(i) a person who holds shares or equities (hereinafter referred to as " Shares, etc." in this Article, Article 11, and Article 14-7) exceeding 50% of the number or amount of total issued shares or total amount of contribution (hereinafter referred to as "Issued Shares, etc." in this Article, Article 11 and Article 14-7) of a person who operates a Banking Business in a foreign state pursuant to foreign laws and regulations (excluding banks, etc. prescribed in Article 4, paragraph (5) of the Act; hereinafter referred to as a "Foreign Bank");

(ii) a person who holds Shares, etc. exceeding 50% of the Issued Shares, etc. of a person listed in the preceding item;

(iii) a juridical person for which Shares, etc. exceeding 50% of Issued Shares, etc. are held by a person listed in item (i);

(iv) a juridical person for which Shares, etc. exceeding 50% of Issued Shares, etc. are held by a Foreign Bank;

(v) a juridical person for which Shares, etc. exceeding 50% of Issued Shares, etc. are held by a juridical person listed in the preceding item;

(vi) in cases where Shares, etc. exceeding 50% of Issued Shares, etc. of a Foreign Bank in total are held by two or more persons whose principal business offices are located in the same the State, a person who corresponds to any of these two or more persons;

(vii) a person who is provided for by a Cabinet Office Ordinance to be equivalent to any of the persons listed in the preceding items.

(In Cases Where the Examination Stipulated in Article 4, paragraph (3) of The Act Shall Not Be Required)

Article 2 The cases specified by a Cabinet Order prescribed in the proviso to Article 4, paragraph (3) of the Act shall be those cases where the examination pursuant to the provisions of the main clause of that paragraph precludes the sincere implementation of treaties concluded by Japan and other international agreements.

(Minimum Amount of Stated Capital)

Article 3 The amount specified by a Cabinet Order prescribed in Article 5, paragraph (1) of the Act shall be 2,000,000,000 yen.

(Granting of Credit, etc. to the One Person)

Article 4 (1) A person who has a special relationship specified by a Cabinet Order prescribed in the main clause of Article 13, paragraph (1) of the Act shall be any of the following persons (excluding the Bank, a Combined Subsidiary Corporation, etc. or a Combined Affiliated Corporation, etc. of said Bank, a Bank Holding Company (a Bank Holding Company as prescribed in the Article 2, paragraph (13) of the Act; the same shall apply hereinafter) which holds said Bank as a Combined Subsidiary Corporation, etc. or a Combined Affiliated Corporation, etc., and a Combined Subsidiary Corporation, etc. or a Combined Affiliated Corporation, etc. of said Bank Holding Company; referred to as a "Person Subject To Consolidated Credit Amount" in paragraphs (9) and (12)) in cases where one person prescribed in the main clause of that paragraph (excluding a person who has a special relationship specified by said Cabinet Order; hereinafter referred to as the "One Person Itself" in this paragraph) is not a Combined Subsidiary Corporation, etc. or a Combined Affiliated Corporation, etc. of the Bank, a Bank Holding Company which holds said Bank as a Combined Subsidiary Corporation, etc. or a Combined Affiliated Corporation, etc., or a Combined Subsidiary Corporation, etc. or a Combined Affiliated Corporation, etc. of said Bank Holding Company:

(i) the following persons in the cases where the One Person Itself is a company:

(a) a Combined Subsidiary Corporation, etc. of said One Person Itself;

(b) a Juridical Person, etc. (which means a company, partnership, or other business entity equivalent to these (including their equivalents in foreign states); hereinafter the same shall apply in this Article and paragraphs (2) and (3) of the following Article) which holds said One Person Itself as a Combined Subsidiary Corporation, etc. or a person specified by a Cabinet Office Ordinance as being equivalent to said Juridical Person, etc.;

(c) a Combined Subsidiary Corporation, etc. of a person listed in (b) (excluding said One Person Itself or a person corresponding to a person listed in (a) or (b));

(d) a Combined Subsidiary Corporation, etc. of said One Person Itself or a person listed in sub-item (a) to (c) (excluding said One Person Itself and a person corresponding to a person listed in sub-item (a) to (c));

(e) a person who is other than a company (such person excludes the State and a foreign government; the same shall apply in sub-item (f) and the following item) and holds voting rights (a voting right prescribed in Article 2, paragraph (6) of the Act; the same shall apply hereinafter) exceeding 50% of Voting Rights Held by All of the Shareholders, etc. of said One Person Itself (Voting Rights Held by All of the Shareholders, etc. prescribed in that paragraph; the same shall apply hereinafter) (excluding a person corresponding to a person listed in sub-item (b));

(f) a person who is other than a company and holds voting rights exceeding 50% of the Voting Rights Held by All of the Shareholders, etc. of a person listed in sub-item (b) (excluding a person corresponding to a person listed in sub-item (b));

(g) a Juridical Person, etc. for which voting rights exceeding 50% of Voting Rights Held by All of the Shareholders, etc. are held by a person listed in sub-item (e) or (f) (excluding said One Person Itself and a person corresponding to a person listed in sub-item (a) to (f)) and a Subsidiary Company of said company;

(h) a Combined Subsidiary Corporation, etc. or Combined Affiliated Corporation, etc. of a person listed in sub-item (g) (excluding said One Person Itself and a person corresponding to a person listed in sub-item (a) to (g));

(i) said One Person Itself or any of the following companies (which shall be referred to as a "Company Subject To Consolidated Voting Rights" in paragraph (5)), or any other company for which voting rights exceeding 50% of Voting Rights Held by All of the Shareholders, etc. are held by a person listed in sub-item (e) or (f) (in the case of a person listed in sub-item (f), limited to a person who holds voting rights exceeding 50% of the Voting Rights Held by All of the Shareholders, etc. of a company which holds said One Person Itself as a Subsidiary Company (which means a Subsidiary Company as prescribed in Article 2, paragraph (8) of the Act; the same shall apply hereinafter); the same shall apply in 4.) (such company excludes said One Person Itself and a person corresponding to a company listed in sub-item (a) to (d), (g) or (h)):

1. a Subsidiary Company of said One Person Itself;

2. a company which holds said One Person Itself as a Subsidiary Company;

3. a Subsidiary Company of a company listed in 2. (excluding said One Person Itself and a person corresponding to a company listed in 1. or 2.); or

4. a company for which voting rights exceeding 50% of the Voting Rights Held by All of the Shareholders, etc. are held by a person listed in sub-item (e) or (f) (excluding said One Person Itself and a person corresponding to a company listed in 2.) or a Subsidiary Company of said company;

(ii) the following persons in cases where the One Person Itself is other than a company:

(a) a company for which voting rights exceeding 50% of the Voting Rights Held by All of the Shareholders, etc. are held by said One Person Itself (hereinafter referred to as a "Company under Control of One Person" in sub-item (b) and paragraph (5));

(b) any other company (excluding a person corresponding to a person listed in sub-item (a)) for which voting rights exceeding 50% of the Voting Rights Held by All of the Shareholders, etc. are held by said One Person Itself and one or more Companies under Control of One Person, or one or more Companies under Control of One Person of said One Person Itself.

(2) The term "Combined Subsidiary Corporation, etc." prescribed in the preceding paragraph means any of the following Juridical Persons, etc.:

(i) where a person specified by a Cabinet Office Ordinance as a Juridical Person, etc. that controls an organization which determines policies of finance and operation or business for another Juridical Person, etc. (hereinafter referred to as a "Decision Making Organization") (limited to a person specified by a Cabinet Office Ordinance as a Juridical Person, etc. which is required to prepare its financial statements and any other documents on a consolidated basis (referred to as a "Corporation, etc. Subject to Obligor Consolidation Standards" in item (iii) and the following paragraph); hereinafter referred to as a "Substantial Parent Corporation, etc." in this paragraph) controls the Decision Making Organization of another Juridical Person, etc., said other Juridical Person, etc. (hereinafter referred to as a "Substantial Subsidiary Corporation, etc." in this paragraph); in this case, another Juridical Person, etc. whose Decision Making Organization is controlled by a Substantial Parent Corporation, etc. and one or more of its Substantial Subsidiary Corporations, etc., or by one or more Substantial Subsidiary Corporations, etc. of said Substantial Parent Corporation, etc., shall be deemed to be a Substantial Subsidiary Corporation, etc. of said Substantial Parent Corporation, etc.;

(ii) a Subsidiary Company (excluding a Juridical Person, etc. listed in the preceding item; hereinafter referred to as a "Subsidiary Company Other Than a Substantial Subsidiary Corporation, etc." in this item); in this case, another company (excluding a Juridical Person, etc. listed in the preceding item) in which voting rights exceeding 50% of the Voting Rights Held by All of the Shareholders, etc. are held by a Substantial Parent Corporation, etc. and one or more of its Substantial Subsidiary Corporations, etc., or Subsidiary Companies Other Than a Substantial Subsidiary Corporation, etc., or by one or more Substantial Subsidiary Corporations, etc., or Subsidiary Companies Other Than a Substantial Subsidiary Corporation, etc. of said Substantial Parent Corporation, etc., shall be deemed to be a Subsidiary Company Other Than a Substantial Subsidiary Corporation, etc. of said Substantial Parent Corporation, etc.; and

(iii) a Substantial Subsidiary Corporation, etc. of a company listed in the preceding item (such company is limited to a Corporation, etc. Subject to Obligor Consolidation Standards) (such Substantial Subsidiary Corporation, etc. excludes Juridical Persons, etc. listed in the preceding two items).

(3) The term "Combined Affiliated Corporation, etc." prescribed in paragraph (1) means, where a Juridical Person, etc. (limited to a Corporation, etc. Subject to Obligor Consolidation Standards) or its Combined Subsidiary Corporation, etc. (which means a Combined Subsidiary Corporation, etc. as prescribed in the preceding paragraph; hereinafter the same shall apply in this paragraph) may have a material influence on the determination on the policies of finance and operation or business of another Juridical Person, etc. through contributions, assumption of the office of a director or other equivalent post by a person who is or was an officer or employee of the Juridical Person, etc., financing, guarantee of obligations, provision of collateral, provision of technology, or operational or business transactions, etc., said other Juridical Person, etc. (excluding a Combined Subsidiary Corporation, etc.) as specified by a Cabinet Office Ordinance.

(4) Provisions of Article 2(11) of the Act shall apply mutatis mutandis to the case of calculating the proportion of voting rights set forth in paragraphs (1) and (2).

(5) A company listed in paragraph (1), item (i), sub-item (i) and a company listed in item (ii), sub-item (b) of that paragraph shall, with regard to application of the provisions of each item of that paragraph, be deemed to be a Company Subject To Consolidated Voting Rights and a Company Under Control of One And the Same Person respectively.

(6) Granting of credit, etc. or contributed funds (including an equivalent to granting of credit, etc. or contributed funds) specified by a Cabinet Order prescribed in the main clause of Article 13, paragraph (1) of The Act shall be in the following:

(i) those specified by a Cabinet Office Ordinance as loans;

(ii) those specified by a Cabinet Office Ordinance as guarantees of debts;

(iii) those specified by a Cabinet Office Ordinance as contributed funds;

(iv) those specified by a Cabinet Office Ordinance as similar to those listed in the preceding three items.

(7) The categories specified by a Cabinet Order prescribed in the main clause of Article 13(1) of the Act shall be categories of the following credit, etc. granted (a credit, etc. granted prescribed in the main clause of that paragraph; hereinafter the same shall apply in this Article):

(i) credit, etc. granted (excluding the credit, etc. granted listed in item (iii)) to the One person prescribed in the main clause of Article 13(1) of the Act (which is referred to as an "One Person" in item (ix) and paragraph (12));

(ii) credit, etc. granted to the Major Shareholder of Bank (the Major Shareholder of Bank prescribed in Article 2, paragraph (10) of the Act; the same shall apply hereinafter) that holds voting rights in said Bank which amount to the Major Shareholder Threshold (the Major Shareholder Threshold prescribed in paragraph (9) of that Article; the same shall apply hereinafter) or more;

(6) The rate specified by a Cabinet Order prescribed in the main clause of Article 13, paragraph (1) of the Act shall be the rate provided for by the following items in accordance with the category of granting of credit, etc. listed in the items:

(i) granting of credit, etc. listed in item (i) of the preceding paragraph: 25%;

(ii) granting of credit, etc. listed in item (ii) of the preceding paragraph: 15%;

(9) Unavoidable reasons specified by a Cabinet Order prescribed in the proviso to Article 13, paragraph (1) of the Act shall be the following reasons:

(i) in cases where unforeseeable and urgent funds have become necessary to carry out the business (excluding the business as prescribed in the following item; the same shall apply hereinafter) of a person who received granted credit, etc. (hereinafter referred to as "Debtor, etc." in this paragraph and paragraph (12)), if it is stipulated that the credit, etc. shall not be granted beyond the limit of granting of credit, etc. (hereinafter referred to as "Limit of Granting of Credit, etc." in this paragraph) prescribed in the main clause of Article 13, paragraph (1) of the Act to said Debtor, etc. by said Bank, this is likely to cause extreme hindrance to continue the business of said Debtor, etc.;

(ii) if it is stipulated that the credit, etc. shall not be granted beyond the Limit of Granting of Credit, etc. by said Bank to the Debtor, etc. who operates a general electricity business prescribed in Article 2, paragraph (1), item (i) of the Electricity Business Act (Act No.170 of 1964) and other businesses especially vital to the national economy specified by a Cabinet Office Ordinance, it is likely to cause difficulty for the Debtor, etc. in carrying on stable business;

(iii) the amount of granting of credit, etc. to One person by said Bank will exceed the Limit of Granting of Credit, etc. when a Person Subject To Consolidated Credit Amount pertaining to Debtor, etc. is added; and

(iv) in addition to what is set forth in the preceding three items, a reason specified by a Cabinet Office Ordinance as a reason whereby, if it is stipulated that the credit, etc. shall not be granted beyond the Limit of Granting of Credit, etc. by said Bank, it is likely to cause difficulty to said Bank or the Debtor, etc. in carrying on operations.

(10) The provisions of paragraph (7) shall apply mutatis mutandis to the categories specified by a Cabinet Order prescribed in the first sentence of Article 13, paragraph (2) of the Act.

(11) The rate specified by a Cabinet Order prescribed in the first sentence of Article 13, paragraph (2) of the Act shall, in accordance with categories of granting of credit, etc. listed in each item of the following, be the rate provided in said each item:

(i) granting of credit, etc. listed in paragraph (7), item (i), as applied mutatis mutandis pursuant to the preceding paragraph: 25%;

(ii) granting of credit, etc. listed in paragraph (7), item (ii), as applied mutatis mutandis pursuant to the preceding paragraph: 15%.

(12) Unavoidable reasons specified by a Cabinet Order prescribed in the proviso to Article 13, paragraph (1) of the Act as applied mutatis mutandis pursuant to the second sentence of paragraph (2) of that Article shall be the following reasons:

(i) in cases prescribed in paragraph (9), item (i), if it is stipulated that said Bank and its Subsidiary Companies, etc. (which means a Subsidiary Companies, etc. as prescribed in the first sentence of Article 13, paragraph (2) of the Act; hereinafter the same shall apply in this paragraph) or its Subsidiary Companies, etc. shall not grant credit, etc. that exceeds the consolidated Limit of Granting of Credit, etc. in total prescribed in the first sentence of Article 13, paragraph (2) of the Act (hereinafter referred to as "Consolidated Limit of Granting of Credit, etc." in this paragraph) to a Debtor, etc.. prescribed in that item, it is likely to cause an extreme hindrance to continuing the business of said Debtor, etc.. (excluding the business prescribed in paragraph (9), item (ii); the same shall apply in the following item);

(ii) in cases where the total amount of granting of credit, etc. to One Person by said Bank and its Subsidiary Companies, etc. or by its Subsidiary Companies, etc. exceeds the Consolidated Limit of Granting of Credit, etc. when said Bank comes to hold a new Subsidiary Companies, etc., if it is stipulated that the total credit amount shall be decreased to at the Consolidated Limit of Granting of Credit, etc. or less, it is likely to cause an extreme hindrance to continue the business of said One Person;

(iii) if it is stipulated that said Bank and its Subsidiary Companies, etc. or its Subsidiary Companies, etc. shall not grant credit, etc. in total beyond the Consolidated Limit of Granting of Credit, etc. to the Debtor, etc. prescribed in paragraph (9), item (ii), it is likely to cause difficulty for the Debtor, etc. in carrying out a stable business;

(iv) the amount of granting of credit, etc. to one person by said Bank and its Subsidiary Companies, etc. or by its Subsidiary Companies, etc. would exceed the Consolidated Limit of Granting of Credit, etc. when a Person Subject To Consolidated Credit Amount pertaining to a Debtor, etc. is added;

(v) in addition to what is set forth in the preceding items, a reason specified by a Cabinet Office Ordinance as a reason whereby, if it is stipulated that said Bank and its Subsidiary Companies, etc. or that its Subsidiary Companies, etc. shall not grant credit, etc. beyond the Consolidated Limit of Granting of Credit, etc., it is likely to cause difficulty to said Bank and its Subsidiary Companies, etc. or to its Subsidiary Companies, etc. or the Debtor, etc. in carrying on operations.

(13) Granting of credit, etc. specified by a Cabinet Order prescribed in Article 13, paragraph (3), item (i) of the Act shall be granting of credit, etc. (excluding a granting of credit, etc. for which the national government guarantees repayment of the principle and payment of interests) to the following entities:

(i) a juridical person whose budget shall be subject to a Diet resolution or obtain an approval of the Diet pursuant to the provisions of Acts;

(ii) a juridical person that may issue bonds pursuant to a special Act, among juridical persons that were established pursuant to said special Act (excluding a juridical persons corresponding to the preceding item) and do not have contributed funds from anyone other than the national government, a juridical person and a local government listed in that item;

(iii) the Bank of Japan; and

(iv) a Foreign Government, etc. (which means a foreign government, the central bank of a foreign state or an international organization) specified by the Commissioner of the Financial Services Agency.

(A Person Who Has a Special Relationship with a Bank)

Article 4-2 (1) A person who has a special relationship specified by a Cabinet Order prescribed in the main clause of Article 13-2 of the Act shall be the following persons:

(i) a Subsidiary Company of said Bank;

(ii) a Major Shareholder of a Bank who holds voting rights at the Major Shareholder Threshold of said Bank or above;

(iii) a Bank Holding Company which holds said Bank as a Subsidiary Company;

(iv) a Subsidiary Company of a Bank Holding Company listed in the preceding item (excluding said Bank and a person listed in item (i));

(v) a Subsidiary, etc. of said Bank (excluding a person listed in item (i));

(vi) a Parent Juridical Person, etc. which holds said Bank as a Subsidiary, etc. (excluding a person listed in items (ii) and (iii));

(vii) a Subsidiary, etc. of a Parent Juridical Person, Etc. which holds said Bank as a Subsidiary, etc. (excluding said Bank and a person listed in any of preceding items);

(viii) a Relevant Juridical Person, etc. to said Bank;

(ix) a Relevant Juridical Person, etc. to a Parent Juridical Person, etc. which holds said Bank as a Subsidiary, etc. (excluding a person listed in the preceding item);

(x) a company, partnership, or other business entity equivalent to these (including their equivalents in foreign states, but excluding said Bank; hereinafter referred to as "Juridical Person, etc." in this item) listed in the following, pertaining to a Major Shareholder of a Bank, who holds voting rights in said Bank exceeding 50% of voting rights held by all of the shareholders of said Bank (limited to an individual; hereinafter referred to as "Specified Individual Major Shareholder of a Bank"), among Major Shareholder of a Bank, who hold voting rights in said Bank which amount to the Major Shareholder Threshold or more:

(a) a Juridical Person, etc. of which voting rights exceeding 50% of Voting Rights Held by All of the Shareholders, etc. are held by said Specified Individual Major Shareholder of a Bank (including a Subsidiary, etc. of and a Relevant Juridical Person, etc. to said Juridical Person, etc.);

(b) a Juridical Person, etc. of which voting rights at 20% or more and at 50% or less of Voting Rights Held by All of the Shareholders, etc. are held by said Specified Individual Major Shareholder of a Bank.

(xi) a Bank Agent (a Bank Agent prescribed in Article 2, paragraph (15) of the Act; hereinafter the same shall apply) for which said Bank serves as an Entrusting Bank (an Entrusting Bank prescribed in paragraph (16) of that Article; hereinafter the same shall apply) and a Subsidiary, etc. of and a Relevant Juridical Person, etc. of said Bank Agent (excluding said Bank and a person listed in any of the preceding items);

(xii) a Parent Juridical Person, etc. which holds the Bank Agent in the preceding item as a Subsidiary, etc., and a subsidiary person, etc. of and a Relevant Juridical Person, etc. to said Parent Juridical Person, etc. (excluding said Bank and a person listed in any of the preceding items);

(xiii) a company, partnership, or other business entity equivalent to these (including their equivalents in foreign states, but excluding said Bank and a person listed in any of the preceding items; hereinafter referred to as "Juridical Person, etc." in this item) listed in the following, pertaining to a Bank Agent for which said Bank serves as an Entrusting Bank (limited to an individual; hereinafter referred to as "Individual Bank Agent" in this item);

(a) a Juridical Person, etc. (including a Subsidiary, etc. of and a Relevant Juridical Person, etc. of said Juridical Person, etc.) of which voting rights exceeding 50% of Voting Rights Held by All of the Shareholders, etc. are held by said Individual Bank Agent;

(b) a Juridical Person, etc. of which voting rights at 20% or more and at 50% or less of Voting Rights Held by All of the Shareholders, etc. are held by said Individual Bank Agent.

(2) As used in the preceding paragraph and this paragraph, the term "Parent Juridical Person, etc." means a Juridical Person, etc. specified by a Cabinet Office Ordinance that controls a Decision Making Organization of another Juridical Person, etc., and the term "Subsidiary, etc." means another juridical person, etc. whose Decision Making Organization is controlled by the Parent Juridical Person, etc. In this case, when a Parent Juridical Person, etc. and a Subsidiary, etc. or when a Subsidiary, etc. controls the Decision Making Organization of another Juridical Person, etc., said other Juridical Person, etc. shall be deemed to be a Subsidiary, etc. of the Parent Juridical Person, etc.

(3) The term "a Relevant Juridical Person, etc." prescribed in paragraph (1) means other Juridical Person, etc. (excluding a Subsidiary, etc.) specified by a Cabinet Office Ordinance as a Juridical Person, etc. (including a Subsidiary, etc. of said Juridical Person, etc. (which means a subsidiary prescribed in the preceding paragraph; the same shall apply hereinafter except in Article 17-2, paragraph (2) and Article 17-3, paragraph (3)) that may provide material impact to the determination of policies of finance and operation or business by making contributed funds, serving as a director or other equivalent positions by assumption of an officer, an employee, or a person who is or used to be those of said Juridical Person, etc., financing, providing a guarantee or collateral for debts, transferring the technology, or transaction, etc. under the operation or business.

(Scope of Parent Financial Institutions, etc. and Subsidiary Financial Institutions, etc.)

Article 4-2-2 (1) A person specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (2) of the Act shall be the following persons (excluding a person who operates a Bank Agency Service (which means a bank agency prescribed in Article 2, paragraph (14) of the Act; the same shall apply in item (iii) of paragraph (3) of this Article, Article 12-3 and Article 16-2-2) for said Bank).

(i) the Parent Juridical Person, etc. (which means the Parent Juridical Person, etc. prescribed in paragraph (2) of the preceding Article; the same shall apply hereinafter in this paragraph, Article 12-3, paragraph (1) and Article 16-2-2, paragraph (1)) of said Bank;

(ii) a Subsidiary Company, etc. of the Parent Juridical Person, etc. of said Bank (excluding said Bank and persons listed in the preceding item and paragraph (3), item (i) and (ii) of this Article);

(iii) Relevant Juridical Person, etc. prescribed in paragraph 3 of the preceding Article of the Parent Juridical Person, etc. of said Bank (excluding persons listed in paragraph (3), item (ii);

(iv) the following company and partnership or other business entity equivalent to that company and partnership, pertaining to an individual (hereinafter referred to in this item as a "Specified Individual Shareholder") having voting rights exceeding 50% of the voting rights of all shareholders of said Bank (including entities equivalent thereto in foreign states, but excluding said Bank and persons listed in the preceding three paragraphs and paragraph (3), items (i) and (ii); hereinafter referred to as "Juridical Persons, etc." in this item).

(a) a Juridical Person, etc. (including a subsidiary, etc. and affiliate Juridical Person, etc. of said Juridical Person, etc. (which means a Relevant Juridical Person, etc. prescribed in paragraph (3) of the preceding Article; the same shall apply hereinafter in this Article, Article 12-3 and Article 16-2-2) of which voting rights exceeding 50% of the Voting Rights Held by All of the Shareholders, etc. are held by said Specified Individual Shareholder;

(b) a Juridical Person, etc., of which 20% to 50% of the Voting Rights Held by All of the Shareholders, etc. are held by said Specified Individual Shareholder

2. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (2) of the Act shall be one of the following: 2. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (2) of the Act shall be one of the following:

(i) a Long-Term Credit Bank (as prescribed in Article 2 of the Long-Term Credit Bank Act (Act No. 187 of 1952); the same shall apply in Article 12-3, paragraph (2), item (i) and Article 16-8, item (i));

(ii) a Federation of Shinkin Banks;

(iii) a federation of cooperatives which carries out a business as prescribed in Article 9-9, paragraph (1), item (i) of Small and Medium Sized Enterprise, etc., Cooperatives Act (Act No.181 of 1949);

(iv) a Federation of Labor Banks;

(v) a federation of agricultural cooperatives which carries out a business as prescribed in Article 10, paragraph (1), item (iii) of the Agricultural Cooperatives Act (Act No.132 of 1947);

(vi) a federation of fisheries cooperatives which carries out a business as prescribed in Article 87, paragraph (1), item (iv) of the Fisheries Cooperatives Act (Act No.242 of 1948);

(vii) a federation of fishery processing cooperatives which carries out a business prescribed in Article 97, paragraph (1), item (ii) of the Fisheries Cooperatives Act;

(viii) the Norinchukin Bank;

(ix) a person who engages in the business of mediation of loan of money (including mediation of delivery or receipt of money conducted by discount of bills or notes, mortgages by transfer or any other similar methods), excluding a bank, a financial instruments business operator (which means a financial instruments business operator prescribed in Article 2, paragraph (9) of the Financial Instruments and Exchange Act (Act No. 25 of 1948); the same shall apply in the following item and Article 12-3, paragraph (2)), an insurance company (which means an insurance company prescribed in Article 2, paragraph (2) of the Insurance Business Act (Act No. 105 of 1995); the same shall apply in that item and Article 12-3, paragraph (2)), and those listed in any of the preceding items;

(x) a person who engages in any of the following businesses in a foreign state pursuant to foreign laws and regulations (excluding a bank, a financial instruments business operator, an insurance company, and those listed in any of the preceding items).

(a) Banking business;

(b) Financial instruments business prescribed in Article 2, paragraph (8) of the Financial Instruments and Exchange Act;

(c) Insurance business prescribed in Article 2, paragraph (1) of the Insurance Business Act.

3. A person specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act shall be the following persons (excluding a Bank Agent having said Bank as its Entrusting Bank): 3. A person specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act shall be the following persons (excluding a Bank Agent having said Bank as its Entrusting Bank):

(i) a subsidiary, etc. of said Bank;

(ii) a Relevant Juridical Person, etc. of said Bank;

(iii) a person who operates Bank Agency Service for said Bank (excluding those listed in the preceding two items).

4. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act shall be the following persons: 4. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act shall be the following persons:

(i) a person listed in paragraph (2), items (ix) and (x);

(ii) a person listed in the items of Article 16-8.

(Scope of Parent Financial Institutions, etc. and Subsidiary Financial Institutions, etc.)

Article 4-2-2 (1) A person specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (2) of the Act shall be the following persons (excluding a person who operates a Bank Agency Service (which means a bank agency prescribed in Article 2, paragraph (14) of the Act; the same shall apply in (3), item (iii) of this Article, Article 12-3 and Article 16-2-2 ) for said Bank).

(i) the Parent Juridical Person, etc. (which means the Parent Juridical Person, etc. prescribed in paragraph (2) of the preceding Article; the same shall apply hereinafter in this paragraph, Article 12-3, paragraph (1) and Article 16-2-2, paragraph (1)) of said Bank;

(ii) a Subsidiary Company, etc. of the Parent Juridical Person, etc. of said Bank (excluding said Bank and persons listed in the preceding item and paragraph (3), items (i) and (ii) of this Article);

(iii) Relevant Juridical Person, etc. prescribed in paragraph 3 of the preceding Article of the Parent Juridical Person, etc. of said Bank (excluding persons listed in paragraph (3), item (ii);

(iv) the following company and partnership or other business entity equivalent to that company and partnership, pertaining to an individual (hereinafter referred to in this item as a "Specified Individual Shareholder") having voting rights exceeding 50% of the voting rights of all shareholders of said Bank (including entities equivalent thereto in foreign states, but excluding said Bank and persons listed in the preceding three paragraphs and paragraph (3), items (i) and (ii); hereinafter referred to as "Juridical Persons, etc." in this item).

(a) a Juridical Person, etc. (including a subsidiary, etc. and affiliate Juridical Person, etc. of said Juridical Person, etc. (which means a Relevant Juridical Person, etc. prescribed in paragraph (3) of the preceding Article; the same shall apply hereinafter in this Article, Article 12-3 and Article 16-2-2) of which voting rights exceeding 50% of the Voting Rights Held by All of the Shareholders, etc. are held by said Specified Individual Shareholder;

(b) a Juridical Person, etc., of which 20% to 50% of the Voting Rights Held by All of the Shareholders, etc. are held by said Specified Individual Shareholder

2. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (2) of the Act shall be one of the following: 2. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (2) of the Act shall be one of the following:

(i) a Long-Term Credit Bank (as prescribed in Article 2 of the Long-Term Credit Bank Act (Act No. 187 of 1952); the same shall apply in Article 12-3, paragraph (2), item (i) and Article 16-8, item (i));

(ii) a Federation of Shinkin Banks;

(iii) a federation of cooperatives which carries out a business as prescribed in Article 9-9, paragraph (1), item (i) of Small and Medium Sized Enterprise, etc., Cooperatives Act (Act No.181 of 1949);

(iv) a Federation of Labor Banks;

(v) a federation of agricultural cooperatives which carries out a business as prescribed in Article 10, paragraph (1), item (iii) of the Agricultural Cooperatives Act (Act No.132 of 1947);

(vi) a federation of fisheries cooperatives which carries out a business as prescribed in Article 87, paragraph (1), item (iv) of the Fisheries Cooperatives Act (Act No.242 of 1948);

(vii) a federation of fishery processing cooperatives which carries out a business prescribed in Article 97, paragraph (1), item (ii) of the Fisheries Cooperatives Act;

(viii) the Norinchukin Bank;

(ix) a person who engages in the business of mediation of loan of money (including mediation of delivery or receipt of money conducted by discount of bills or notes, mortgages by transfer or any other similar methods), excluding a bank, a financial instruments business operator (which means a financial instruments business operator prescribed in Article 2, paragraph (9) of the Financial Instruments and Exchange Act (Act No. 25 of 1948); the same shall apply in the following item and Article 12-3, paragraph (2)), an insurance company (which means an insurance company prescribed in Article 2, paragraph (2) of the Insurance Business Act (Act No. 105 of 1995); the same shall apply in that item and Article 12-3, paragraph (2)), and those listed in any of the preceding items;

(x) a person who engages in any of the following businesses in a foreign state pursuant to foreign laws and regulations (excluding a bank, a financial instruments business operator, an insurance company, and those listed in any of the preceding items).

(a) Banking business;

(b) Financial instruments business prescribed in Article 2, paragraph (8) of the Financial Instruments and Exchange Act;

(c) Insurance business prescribed in Article 2, paragraph (1) of the Insurance Business Act.

3. A person specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act shall be the following persons (excluding a Bank Agent having said Bank as its Entrusting Bank): 3. A person specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act shall be the following persons (excluding a Bank Agent having said Bank as its Entrusting Bank):

(i) a subsidiary, etc. of said Bank;

(ii) a Relevant Juridical Person, etc. of said Bank;

(iii) a person who operates Bank Agency Service for said Bank (excluding those listed in the preceding two items).

4. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act shall be the following persons: 4. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act shall be the following persons:

(i) a person listed in paragraph (2), items (ix) and (x);

(ii) a person listed in the items of Article 16-8.

(Provision on Using Information and Communications Technology)

Article 4-3 (1) A Bank shall, when intending to provide the matters prescribed in Article 34-2, paragraph (4) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 13-4 of the Act pursuant to the provisions of Article 34-2, paragraph (4) (including the cases where it is applied mutatis mutandis pursuant to Article 34-3, paragraph (12) (including the cases where it is applied mutatis mutandis pursuant to Article 34-4, paragraph (6) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 13-4 of the Act), Article 34-4, paragraph (3), Article 37-3, paragraph (2) and Article 37-4, paragraph (2) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 13-4 of the Act; hereinafter the same shall apply in this Article) of the Financial Instruments and Exchange Act as applied mutatis mutandis pursuant to Article 13-4 of the Act, pursuant to the provisions of a Cabinet Office Ordinance, present in advance to the other party, to whom those matters are provided, the type and the contents of the method to be used as prescribed in that paragraph (hereinafter referred to as "Electromagnetic Means" in this Article) and obtain a consent in written form or via Electromagnetic Means.

(2) When said other party offered in a written form or via Electromagnetic Means not to accept provisions via Electromagnetic Means, a Bank which obtained the approval pursuant to the provisions of the preceding paragraph shall not provide to said other party the matters prescribed in Article 34-2, paragraph (4) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 13-4 of the Act via Electromagnetic Means; provided, however, that this shall not apply to the case where said other party consented pursuant to the provisions of preceding paragraph again.

(Obtaining Consent by Using Information and Communications Technology)

Article 4-4 (1) A Bank, when intending to, pursuant to the provisions of Article 34-2, paragraph (12) of the Financial Instruments and Exchange Act (including cases where it is applied mutatis mutandis pursuant to Article 34-3, paragraph (3) of the Financial Instruments and Exchange Act (including the cases where it is applied mutatis mutandis pursuant to Article 34-4, paragraph (6) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 13-4 of the Act), as applied mutatis mutandis pursuant to Article 13-4 of the Act; hereinafter the same shall apply in this Article), as applied mutatis mutandis pursuant to Article 13-4 of the Act, obtain a consent pursuant to a method (hereinafter referred to as "Electromagnetic Means" in this Article) specified by a Cabinet Office Ordinance prescribed in Article 34-2, paragraph (12) of the Financial Instruments and Exchange Act, in place of consent by means of documents prescribed in paragraph (11) of the same Article, as applied mutatis mutandis to Article 13-4 of the Act, the Bank shall, pursuant to the provisions of a Cabinet Office Ordinance, present in advance to the other party, from whom said consent shall be obtained, the type and contents of the Electromagnetic Means to be used and obtain an consent by means of writing or via Electromagnetic Means.

(2) A Bank which obtained an consent pursuant to the provisions of the preceding paragraph, when said other party offered by means of writing or via Electromagnetic Means not to provide the consent via Electromagnetic Means, shall not obtain consent prescribed in Article 34-2, paragraph (12) of the Financial Instruments and Exchange Act, as applied mutatis mutandis to Article 13-4 of the Act via Electromagnetic Means; provided, however, that this shall not apply to the cases where said other party provided an consent pursuant to the provision of the preceding paragraph again.

(Material Matters that Affect the Judgment of a Customer Concerning Contracts for Specified Deposits, etc.)

Article 4-5 (1) The matter specified by a Cabinet Order as prescribed in Article 37, paragraph (1), item (iii) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 13-4 of the Act shall be following:

(i) a matter which concerns fees, rewards, and other compensation that a customer shall pay concerning Contracts for Specified Deposits, etc. (which means Contracts for Specified Deposits, etc. as prescribed in Article 13-4 of The Act; the same shall apply hereinafter) and is specified by a Cabinet Office Ordinance;

(ii) With regard to Contracts for Specified Deposits, etc. to be concluded by a customer, in cases where a loss is likely be incurred by changes in interest rate, currency value, market price in the financial instruments exchange market (which means a financial instruments exchange market as prescribed in Article 2, paragraph (14) of the Financial Instruments and Exchange Act; the same shall apply hereinafter), and other indexes as a direct cause, the following items:

(a) said index;

(b) the fact that it is likely to cause a loss due to changes pertaining to said index and the reasons for it.

(iii) items specified by a Cabinet Office Ordinance as equivalent to items listed in the preceding two items.

(2) In cases where an act prescribed in Article 37, paragraph (1) of the Financial Instruments and Exchange Act as applied mutatis mutandis pursuant to Article 13-4 of the Act is conducted by methods using the broadcast facility of a Basic Broadcaster (which means a Basic Broadcaster as prescribed in Article 2, item (xxiii) of the Broadcast Act (Act No.132 of 1950), excluding the Nippon Hoso Kyokai and the Open University of Japan Foundation (which means the Open University of Japan Foundation prescribed in Article 3 of the Act on the Open University of Japan (Act No. 156 of 2002)); the same shall apply in Article 14-5, paragraph (2) and Article 16-6-2, paragraph (2)) and other methods specified by a Cabinet Office Ordinance as equivalent to the above, matters specified by a Cabinet Order prescribed in Article 37, paragraph (1), item (iii) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 13-4 of the Act shall, notwithstanding the provisions of the preceding paragraph, be listed as follows:

(i) with regard to Contracts for Specified Deposits, etc. to be concluded by a customer, in cases where a loss is likely to be incurred by changes in interest rates, currency values, quotation in the financial instruments exchange market, and other indexes as a direct cause, the fact that there is the existence of such a possibility of loss;

(ii) matters specified by a Cabinet Office Ordinance as equivalent to the matters listed in the preceding item.

(Replacement of Reading the Provisions of the Financial Instruments and Exchange Act as Applied Mutatis Mutandis To a Contract for Special Deposits, etc. Conducted by a Bank)

Article 4-6 The technical replacement of terms pursuant to the provisions of Article 13-4 of the Act shall be as shown in the following table:

|Provisions of the Financial Instruments and Exchange Act to be replaced|Terms deemed to be replaced|Terms used to replace with|

|Article 34|Paragraph (31), item (iv) of that Article|Article 2, paragraph (31), item (iv)|

|Article 37, paragraph (1), item (i) and Article 37-3, paragraph (1), item (i)|A trade name or name|A trade name|

(Holidays)

Article 5 (1) A day specified by a Cabinet Order as prescribed by Article 15, paragraph (1) of the Act shall be the following days:

(i) a holiday prescribed by the Act Concerning National Holidays (Act No.178 of 1948);

(ii) the days covering the period of December 31 to January 3 of the following year (excluding a day listed in the preceding item);

(iii) Saturdays.

(2) In addition to days listed in each item of the preceding paragraph, the following day may be set as a holiday for the business office of a Bank:

(i) a day which falls on a general holiday at the location of the business office of a Bank and the Commissioner of the Financial Services Agency gives a public notice as a holiday at said business office;

(ii) a day which is approved for said business office by the Commissioner of the Financial Services Agency to the extent that if it is stipulated as a holiday of said business office, it is not likely to preclude sound and appropriate operation in accordance with special circumstances of the location of the business office of a Bank and other circumstances.

(3) A Bank shall, when setting a day listed in item (ii) of the preceding paragraph as a holiday of the business office, present that effect in the storefront of said business office.

(Possession of Assets within Japan)

Article 5-2 (1) Orders to a Bank prescribed in Article 29 of the Act shall be given by designating its time limit, a scope of assets listed in the following paragraph subject to said order, or the upper limit of the total assets amount subject to said order.

(2) Matters specified by a Cabinet Order among the assets of a Bank prescribed in the Article 29 of the Act shall be the following:

(i) money deposited with the Bank of Japan;

(ii) cash and deposits, savings and installment savings for a financial institution in Japan provided separately by the Commissioner of the Financial Services Agency;

(iii) Securities listed in each item of Article 2, paragraph (1) of the Financial Instruments and Exchange Act;

(iv) loans and other claims for a person who has address or residence in Japan;

(v) loans and other claims for a person who does not have an address and residence in Japan, that the locations for the principal redemption and interest payment are within Japan and pertains to a loan agreement that stipulates a court in Japan as the court with jurisdiction;

(vi) tangible fixed assets that exist in Japan;

(vii) other assets that Commissioner of the Financial Services Agency finds appropriate.

(A Company Split or Business transfer, or Acceptance of Business that does not require the authorization of the Commissioner of the Financial Services Agency)

Article 6 Matters specified by a Cabinet Order prescribed in Article 30, paragraphs (2) and (3) of the Act shall be company splits, business transfer, or acceptance of business pertaining to only to the following business:

(i) receipt of money and handling of other administration pertaining to money of national government, local government, company, etc.;

(ii) safe deposit of securities, precious metals and other items;

(iii) exchange of money.

(A Creditor Who Shall Not Be Required To Notify for Objection Separately in the Case of Merger, etc.)

Article 7 A creditor specified by a Cabinet Order prescribed in Article 33, Article 33-2, paragraph (1); Article 34, paragraph (1) and the proviso to Article 35, paragraph (1) of the Act shall be a creditor pertaining a contract of safe deposit and any other creditor of a regular contract made with multiple parties pertaining to Banking Business, who are specified by a Cabinet Office Ordinance.

(Transfer, etc. to a Company of Other Business)

Article 8 (1) The cases specified by a Cabinet Order prescribed in Article 43, paragraph (1) of the Act shall, with regard to a company prescribed in that paragraph, be the case where it is under liquidation proceeding or the case where proceeding of special liquidation, bankruptcy, rehabilitation, or reorganization is pending at a court.

(2) The provision of preceding paragraph shall apply mutatis mutandis to the case specified by a Cabinet Order prescribed by Article 43, paragraph (1) of the Act, as applied mutatis mutandis pursuant to paragraph (2) of that Article.

(Replacement concerning a Foreign Bank Branch)

Article 9 The technical replacement of terms regarding the application of provisions of the Act for a Foreign Bank Branch (which means a Foreign Bank Branch prescribed in Article 47, paragraph (2) of the Act; the same shall apply hereinafter) prescribed in paragraph (4) of that Article shall be as shown in the following table.

|Provisions of the Act to be replaced|Terms deemed to be replaced|Terms used to replace with|

|Article 4, paragraph (2), item (i)|applicant|an applicant and a Foreign Bank Branch prescribed in Article 47, paragraph (2) pertaining to the application|

|Article 4, paragraph (3)|Where a person for whom all or part of the shareholders are another person conducting Banking Business in a foreign state in accordance with the laws and regulations of the foreign state (including a person who has a special relationship with such other person specified by a Cabinet Order, but excluding banks, etc.; hereinafter referred to as "Foreign Bank, etc.") files an application for a license for Banking Business, if the Foreign Bank, etc. lawfully holds voting rights for the person filing the application for a license of Banking Business which exceeds the number calculated by multiplying the voting rights held by All of the Shareholders of that person by the rate specified by a Cabinet Office Ordinance,|When an application for a license of Banking Business is filed by a Foreign Bank prescribed in Article 10, paragraph (2), item (viii),|

||of the Foreign Bank, etc.|of the Foreign Bank (including said Foreign Bank and a person who has a special relationship specified by a Cabinet Order)|

|Article 10, paragraph (2), item (viii)-2|a Foreign Bank that is a subsidiary company of a bank|a Business Office in a Foreign State of a Foreign Bank to which the Foreign Bank Branch belongs (meaning a Business Office in a Foreign State of a Foreign Bank prescribed in Article 47, paragraph (3))|

|Article 13, paragraph (1)|the Bank|a Foreign Bank to which said Foreign Bank Branch belongs|

||equity capital|equity capital or those specified by the Commissioner of the Financial Services Agency as equivalent to this|

|Article 13, paragraph (6)|equity capital|equity capital or that capital specified by the Commissioner of the Financial Services Agency as equivalent to this|

||the total net amount of the equity capital prescribed in paragraph (2) and the Consolidated Limit of Granting of Credit, etc. and any other necessary matters concerning the application of paragraphs (1) and (2)|and other necessary matters concerning application of that paragraph|

|Heading of Article 13-2|Specified Related Person|Person Having a Special Relationship|

|Main clause of Article 13-2|with a specified related person with it (meaning a Subsidiary Company of said Bank, a Bank major shareholder for said Bank, a Bank Holding Company which has said Bank as its Subsidiary Company, a Subsidiary Company of said Bank Holding Company (excluding said bank), a Bank Agent for which said Bank serves as an Entrusting Bank, or any other person having a special relationship specified by a Cabinet Order with said bank; hereinafter the same shall apply in this Article and the next Article) or a customer of such a specified related person|with a person having a special relationship specified by a Cabinet Order with said Foreign Bank Branch (hereinafter referred to as "Person Having a Special Relationship" in this Article and the following Article) or a Customer of such a Person Having a Special Relationship|

|Article 13-2, items (i) and (ii)|Specified related person|said Person Having a Special Relationship|

|Article 13-3, item (iii)|Specified related person|Person Having a Special Relationship|

|Article 14-2, item (i)|equity capital|that specified by the Commissioner of the Financial Services Agency as equity capital|

|Article 14-2, item (ii)|a Bank, its subsidiary companies|a Foreign Bank to which said Foreign Bank Branch belongs|

||Said Bank|said Foreign Bank|

||equity capital|equity capital or that capital specified by the Commissioner of the Financial Services Agency as equivalent to this|

|Article 21, paragraph (7)|the Bank and its subsidiary companies, etc.|a Foreign Bank to which said Foreign Bank Branch belongs and its Subsidiary Companies, etc.|

|Article 26, paragraph (1)|or property of that Bank or the property of said Bank and its subsidiary companies, etc.,|or property of that Bank|

|Article 26, paragraph (2)|Equity capital of the Bank or that of that Bank and its subsidiary companies, etc.|equity capital of the Bank or that is specified by the Commissioner of the Financial Services Agency as equivalent to this|

|Article 34, paragraph (1)|the shareholders meeting ... a resolution for ... (or, in the case where a Bank acquires the whole of other's business not through the resolution required by Article 467, paragraph (1) (Approvals of Assignment of Business) of the Companies Act under Article 468 (Cases where Approval of Assignment of Business is not Required) of that Act, where its board of directors passes a resolution for acquiring such a business or its executive officers decide to acquire such business)|an organization to resolve that matter ... a resolution for|

||the resolution or decision|the resolution|

|Article 34, paragraph (3)|Article 57|Article 49-2, paragraph (1)|

|Article 35, paragraph (1)|the shareholders meeting or board of directors ... a resolution|an organization to resolve said matter ... a resolution|

||the resolution or decision|the resolution|

|Article 36, paragraph (2)|Article 57, item (i)|Article 49-2, paragraph (1), item (i)|

|Article 37, paragraph (1), item (i)|A Resolution of the shareholders meeting that approves an amendment of the articles of incorporation relating to abolition of Banking Business|Abolishment of Banking Business pertaining to a Foreign Bank Branch prescribed in Article 47, paragraph (2) (excluding the cases corresponding to Article 49, paragraph (1), item (iv))|

|Article 45, paragraph (2)|the Bank's head office|a principal Foreign Bank Branch prescribed in Article 47, paragraph (1)|

|Article 45, paragraph (3)|of the liquidating Bank|of a branch office of the Liquidating Foreign Bank Branch (hereinafter referred to as "Liquidating Foreign Bank Branch" in this paragraph, paragraphs (5), (7), and (8))|

||the Liquidating Bank|a Liquidating Foreign Bank Branch|

|Article 45, paragraph (5)|the Liquidating Bank|Liquidating Foreign Bank Branch|

|Article 45, paragraph (7)|of the Liquidating Bank|of Liquidating Foreign Bank Branch|

|Article 45, paragraph (7), item (i)|Grounds for dissolution (or, in the case of a Liquidating Bank which falls under any of the cases provided in item (ii) and item (iii) of Article 475 (Causes of Commencement of Liquidation) of the Companies Act, to that effect)|Grounds for dissolution|

|Article 45, paragraph (8)|the Liquidating Bank|a Liquidating Foreign Bank Branch|

||Article 492, paragraph (3) of the Companies Act|Article 492, paragraph (3) of the Companies Act, as applied mutatis mutandis pursuant to Article 51, paragraph (3) of the Act|

|Article 52-2, paragraph (2)|of said Bank|of a bank which holds a Foreign Bank to which said Foreign Bank Branch belongs as a subsidiary company|

|Article 57-3|Article 941 of the Companies Act|Article 941 of the Companies Act, as applied mutatis mutandis pursuant to Article 49-2, paragraph (2) of the Act|

||the provisions of Article 441 of this Act and Article 16, paragraph (1), Article 20, paragraph (4) and Article 52-28, paragraph (3) of the Banking Act|the provisions of Article 16, paragraph (1) and Article 20, paragraph (4) of the Banking Act|

|Article 19 of Supplementary Provisions|Articles 44 and 45|Article 45 and Article 51, paragraph (2)|

||Dissolved|corresponding to any item of paragraph (1) of that Article|

|Article 20 of Supplementary Provisions|Dissolved|corresponding to any item of Article 51, paragraph (1)|

(Special Provision Pertaining to the License of a Foreign Bank)

Article 10 A person who applies for a license of the Prime Minister stipulated in Article 4, paragraph (1) of the Act under the provisions of Article 47, paragraph (1) of the Act shall not be required to be a stock company.

(A Person who has a Special Relationship Pertaining to a License of a Foreign Bank)

Article 11 A person who has a special relationship specified by a Cabinet Order prescribed in the main clause of Article 4, paragraph (3) of the Act which is replaced in reading pursuant to the provisions of Article 9 shall, notwithstanding the provisions of Article 1-2, be the following persons:

(i) a person who holds Shares, etc. exceeding 50% of Issued Shares, etc. of a Foreign Bank;

(ii) a person who holds Shares, etc. exceeding 50% of Issued Shares of a person listed in the preceding item;

(iii) in cases where Shares, etc. exceeding 50% of Issued Shares, etc. of a Foreign Bank are held at total by two or more persons who have principal business offices in the same States, a person corresponding to any of said two or more persons;

(iv) a person specified by a Cabinet Office Ordinance as equivalent to any of a person listed in preceding three items.

Article 12 [Deleted.]

(A Person Who Has a Special Relationship Pertaining to the Transactions, etc. of a Foreign Bank Branch)

Article 12-2 A person who has a special relationship specified for by a Cabinet Order prescribed in the main clause of Article 13-2 of the Act which is replaced pursuant to the provisions of Article 9 shall be the following persons:

(i) a Subsidiary, etc. of a Foreign Bank pertaining to that Foreign Bank Branch;

(ii) a Parent Juridical Person, etc. which holds a Foreign Bank pertaining to that Foreign Bank Branch as a Subsidiary, etc.;

(iii) a Subsidiary, etc. of a Parent Juridical Person, etc. listed in the preceding item (excluding that Foreign Bank and a person listed in the preceding two items);

(iv) a Relevant Juridical Person, etc. to a Foreign Bank pertaining to that Foreign Bank Branch (which means a Relevant Juridical Person, etc. as prescribed in Article 4-2, paragraph (3); hereinafter the same shall apply in this Article);

(v) a Relevant Juridical Person, etc. of a Parent Juridical Person, etc. listed in item (ii) (excluding a person listed in the preceding item);

(vi) a Bank Agent (which means a Bank Agent prescribed in Article 2, paragraph (15) of the Act; hereinafter the same shall apply in this Article) for which said Foreign Bank Branch serves as an Entrusting Bank (which means an Entrusting Bank prescribed in Article 2, paragraph (16) of the Act; hereinafter the same shall apply in this Article) and a Subsidiary, etc. of and a Relevant Juridical Person, etc. to that Bank Agent (excluding said Foreign Bank and a person listed in any of the preceding items);

(vii) a Parent Juridical Person, etc. which holds the Bank Agent stipulated in the preceding item as a Subsidiary, etc., and a Subsidiary, etc. of and a Relevant Juridical Person, etc. to said Parent Juridical Person, etc. (excluding that Foreign Bank and a person listed in any of the preceding items);

(viii) a company and partnership or other business entity equivalent to those (including their equivalent in a foreign state, but excluding that Foreign Bank and a person listed in any of the preceding items; hereinafter referred to as "Juridical Person, etc." in this item) pertaining to a Bank Agent (limited to an individual; hereinafter referred to as "Individual Bank Agent" in this item), for which said Foreign Bank Branch serves as an Entrusting Bank listed in the following:

(a) a Juridical Person, etc. (including a Subsidiary, etc. of and a Relevant Juridical Person, etc. to that Juridical Person, etc.) for which voting rights exceeding 50% of Voting Rights Held by All of the Shareholders, etc. are held by that Individual Bank Agent;

(b) a Juridical Person, etc. for which voting rights at 25% or more and 50% or less of Voting Rights Held by All of the Shareholders, etc. are held by that Individual Bank Agent.

(Scope of Parent Financial Institutions, etc. and Subsidiary Financial Institutions, etc.)

Article 12-3 (1) A person specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (2) of the Act, which is deemed to be replaced pursuant to the provisions of Article 9, shall be the following persons (excluding a person who operates a Bank Agency Service for said Foreign Bank Branch):

(i) the Parent Juridical Person, etc. of a foreign bank pertaining to said Foreign Bank Branch;

(ii) a Subsidiary Company, etc. of the Parent Juridical Person, etc. of a foreign bank pertaining to said Foreign Bank Branch (excluding a foreign bank pertaining to said Foreign Bank Branch and persons listed in the preceding item and paragraph (3), items (i) and (ii));

(iii) a Relevant Juridical Persons, etc. of the Parent Juridical Person, etc. of a foreign bank pertaining to said Foreign Bank Branch (excluding persons listed in paragraph (3), item (ii));

(iv) the following company and partnership or other business entity equivalent to that company and partnership, pertaining to an individual (hereinafter referred to in this item and Article 16-2-2, paragraph (1), item (iv) as a "Specified Individual Shareholder, etc.") having voting rights exceeding 50% of the Voting Rights Held by All of the Shareholders, etc. of a foreign bank pertaining to said Foreign Bank Branch (including entities equivalent thereto in foreign states, but excluding a foreign bank pertaining to said Foreign Bank Branch and persons listed in the preceding three paragraphs and paragraph (3), items (i) and (ii); hereinafter referred to as "Juridical Person, etc." in this item).

(a) a Juridical Person, etc. (including a Subsidiary Company, etc. and Relevant Juridical Person, etc. of said Juridical Person, etc.) of which voting rights exceeding 50% of the Voting Rights Held by All of the Shareholders, etc. are held by said Specified Individual Shareholder, etc.;

(b) a Juridical Person, etc., of which 20% to 50% of the Voting Rights Held by All of the Shareholders, etc. are held by said Specified Individual Shareholder, etc.;

2. A person who engages in a financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (2) of the Act, which is deemed to be replaced pursuant to the provisions of Article 9, shall be the following persons: 2. A person who engages in a financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (2) of the Act, which is deemed to be replaced pursuant to the provisions of Article 9, shall be the following persons:

(i) a Long-Term Credit Bank;

(ii) a person who engages in the business of intermediary service of loan of money (including mediation of delivery or receipt of money conducted by discount of bills or notes, mortgages by transfer or any other similar methods), excluding a bank, a financial instruments business operator, an insurance company, and those listed in any of the preceding items;

(iii) a person who engages in any of the following businesses in a foreign state pursuant to foreign laws and regulations (excluding a bank, a financial instruments business operator, an insurance company, and those listed in any of the preceding two items);

(a) banking business;

(b) financial instruments business prescribed in Article 2(8) of the Financial Instruments and Exchange Act;

(c) insurance business prescribed in Article 2, paragraph (1) of the Insurance Business Act;

3. A person specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act, which is deemed to be replaced pursuant to the provisions of Article 9, shall be the following persons (excluding a Bank Agent having said Foreign Bank Branch as its Entrusting Bank): 3. A person specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act, which is deemed to be replaced pursuant to the provisions of Article 9, shall be the following persons (excluding a Bank Agent having said Foreign Bank Branch as its Entrusting Bank):

(i) a Subsidiary Company, etc. of a foreign bank pertaining to said Foreign Bank Branch;

(ii) a Relevant Juridical Person, etc. of a foreign bank pertaining to said Foreign Bank Branch;

(iii) a person who operates Bank Agency Service for said Foreign Bank Branch (excluding those listed in the preceding two items).

4. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act, which is deemed to be replaced pursuant to the provisions of Article 9, shall be the following persons: 4. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 13-3-2, paragraph (3) of the Act, which is deemed to be replaced pursuant to the provisions of Article 9, shall be the following persons:

(i) a person listed in paragraph (2), items (ii) and (iii);

(ii) a person listed in the items of Article 16-8.

(Assets, etc. to be Retained in Japan)

Article 13 (1) The retention of assets by a Foreign Bank Branch under Article 47-2 of the Act shall be carried out by retaining any of the following assets within Japan:.

(i) money deposited with the Bank of Japan;

(ii) cash and deposits and savings for a financial institution (excluding a person who has a special relationship as prescribed in Article 12-2 (limited to a person listed in item (i) to (v) of that Article) pertaining to that Foreign Bank Branch) in Japan provided separately by the Commissioner of the Financial Services Agency;

(iii) national government bonds;

(iv) local government bonds;

(v) bonds issued by a juridical person pursuant to a special Act;

(vi) investment securities issued by a juridical person that was established pursuant to a special Act;

(vii) beneficial interests in money trusts for which a contract on compensation of the principal has been concluded pursuant to the provisions of Article 6 of the Act on Engagement in Trust Business Activities by Financial Institutions (Act No. 43 of 2006);

(viii) secured bonds of companies in Japan which issue shares listed on a financial instruments exchange as prescribed in Article 2, paragraph (16) of the Financial Instruments and Exchange Act;

(ix) loans for a person who has address or residence in Japan which are specified by a Cabinet Office Ordinance; and

(x) other assets that Commissioner of the Financial Services Agency finds appropriate.

(2) The amount specified by a Cabinet Order prescribed in Article 47-2 of the Act shall be 2,000,000,000 yen.

(A Person Who Has a Special Relationship Pertaining to a Foreign Bank Branch Subject to Submission, etc. of Materials)

Article 14 A person who has a special relationship specified for by a Cabinet Order prescribed in Article 48 of the Act shall be a person listed in Article 1-2, item (i) to (v).

(Replacement Concerning Electronic Public notice of a Foreign Bank Branch)

Article 14-2 In cases where a Foreign Bank Branch, pursuant to the provisions of Article 49-2 of the Act, gives a public notice by using an electronic public notice in accordance with the Act or provisions of other Acts (excluding a public notice pursuant to the provisions of the Companies Act (Act No. 86 of 2005)), the technical replacement of terms pertaining to these provisions, in cases where it is applied mutatis mutandis pursuant to the provisions the Companies Act, Article 940, paragraph (3) and Article 941, shall be as shown in the following table.

|Provisions of the Companies Act to be replaced|Terms deemed to be replaced|Terms used to replace with|

|Article 14-3|||

|Article 940, paragraph (3), item (i)|a company|a Foreign Bank Branch prescribed in Article 47, paragraph (2) of the Banking Act (hereinafter referred to as "Foreign Bank Branch" in this item and the following Article)|

||to a company|to a Foreign Bank Branch|

|Article 941|this Act|the Banking Act|

||Article 440, paragraph (1)|Article 16, paragraph (1) and Article 20, paragraph (4) of the Banking Act|

||a company|a Foreign Bank Branch|

(Provision Using Information and Communications Technology)

Article 14-3 (1) A Foreign Bank's Agent Bank (which means a Foreign Bank's Agent Bank prescribed in Article 52-2-5 of the Act; hereinafter the same shall apply) shall, when intending to provide the matters prescribed in Article 34-2, paragraph (4) of the Financial Instruments and Exchange Act (including cases where it is applied mutatis mutandis under Article 34-3, paragraph (12) (including cases where it is applied mutatis mutandis in Article 34-4(6) as applied mutatis mutandis in Article 52-2-5 of the Act), Article 34-4, paragraph (3), Article 37-3, paragraph (2), and Article 37-4, paragraph (2) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 52-2-5 of the Act; the same shall apply in this Article), as applied mutatis mutandis pursuant to Article 52-2-5 of the Act pursuant to the provisions of Article 34-2, paragraph (4) of the Financial Instruments and Exchange Act as applied mutatis mutandis pursuant to that Article, pursuant to the provisions of a Cabinet Office Ordinance, present in advance to the other party, to whom those matters are provided, the type and the contents of the method (hereinafter referred to as "Electromagnetic Means" in this Article) to be used as prescribed in that paragraph and obtain a consent in written form or via Electromagnetic Means.

(2) When a Foreign Bank's Agent Bank that had obtained the approval pursuant to the provisions of the preceding paragraph receives a notice, either in writing or by Electromagnetic Means, from the other party that it shall not accept the provision of the matters through Electromagnetic Means, the Foreign Bank's Agent Bank shall not provide the matters prescribed in Article 34-2, paragraph (4) of the Financial Instruments and Exchange Act as applied mutatis mutandis pursuant to Article 52-2-5 of the Act to said other party via Electromagnetic Means; provided, however, that this shall not apply to the case where said other party once again gives consent pursuant to the provisions of the preceding paragraph.

(Obtaining Consent by Using Information and Communications Technology)

Article 14-4 (1) A Foreign Bank's Agent Bank shall, when intending to, pursuant to the provisions of Article 34-2, paragraph (12) of the Financial Instruments and Exchange Act (including the cases where it is applied mutatis mutandis pursuant to Article 34-3, paragraph (3) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 52-2-5 of the Act (including cases where it is applied mutatis mutandis pursuant to Article 34-4, paragraph (6) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant Article 52-2-5 of the Act); hereinafter the same shall apply in this Article), as applied mutatis mutandis pursuant to Article 52-2-5 of the Act, obtain consent through a method specified by a Cabinet Office Ordinance as prescribed in Article 34-2, paragraph (12) of the Financial Instruments and Exchange Act (hereinafter referred to as "Electromagnetic Means" in this Article) in place of a written consent as prescribed in paragraph (11) of that Article, as applied mutatis mutandis pursuant to Article 52-2-5 of the Act, pursuant to the provisions of a Cabinet Office Ordinance, present in advance to the other party whose consent is sought, the type and contents of the Electromagnetic Means to be used, and obtain consent by means of writing or via Electromagnetic Means.

(2) When a Foreign Bank's Agent Bank that had obtained the approval pursuant to the provisions of the preceding paragraph receives a notice, either in writing or by Electromagnetic Means, from the other party that it shall not give its consent through Electromagnetic Means, the Foreign Bank's Agent Bank shall not obtain the consent prescribed in Article 34-2, paragraph (12) of the Financial Instruments and Exchange Act as applied mutatis mutandis pursuant to Article 52-2-5 of the Act via Electromagnetic Means; provided, however, that this shall not apply to the case where said other party once again gives consent pursuant to the provisions of the preceding paragraph.

(Material Matters that Affect the Judgment of a Customer Concerning Contracts for Specified Deposits, etc. that a Foreign Bank's Agent Bank represents in its Conclusion, etc.)

Article 14-5 (1) Matters specified by a Cabinet Order as prescribed in Article 37, paragraph (1), item (iii) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 52-2-5 of the Act shall be the following:

(i) a matter which concerns fees, rewards, and other consideration that a customer shall pay concerning Contracts for Specified Deposits, etc. and is specified by a Cabinet Office Ordinance;

(ii) with regard to Contracts for Specified Deposits, etc. to be concluded by a customer, in cases where a loss is likely to be directly caused by changes in interest rate, currency value, market price in the financial instruments exchange market, and other indexes, the following items:

(a) said index;

(b) the fact that a loss is likely to be incurred due to changes pertaining to said index and the reason for it.

(iii) matters specified by a Cabinet Office Ordinance to be equivalent to the matters listed in the preceding two items.

(2) In cases where an act prescribed in Article 37, paragraph (1) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 52-2-5 of the Act, is conducted by broadcast methods using the broadcasting system of a Basic Broadcaster and other methods specified by a Cabinet Office Ordinance as equivalent to this, the matters specified by a Cabinet Order as prescribed in item (iii) of that paragraph shall, notwithstanding the provisions of the preceding paragraph, be listed as follows:

(i) with regard to Contracts for Specified Deposits, etc. to be concluded by a customer, in cases where a loss is likely to be directly caused by changes in interest rate, currency value, market price in the financial instruments exchange market, and other indexes, the fact that said loss is likely to be incurred;

(ii) items specified by a Cabinet Office Ordinance as equivalent to the items listed in the preceding item.

(Replacement in Reading the Provisions of the Financial Instruments and Exchange Act as Applied Mutatis Mutandis Concerning an Agent's Act or Intermediary of Conclusion of Contracts for Specified Deposits, etc. Conducted by a Foreign Bank's Agent Bank)

Article 14-6 The technical replacement of terms pursuant to the provision of Article 52-2-5 of the Act shall be as shown in the following table.

|Provisions of the Financial Instruments and Exchange Act to be replaced|Terms deemed to be replaced|Terms used to replace with|

|Article 34|Paragraph 31(iv) of that Article|Article 2, paragraph (31), item (iv)|

|Article 37(1)(i) and Article 37-3(1)(i)|Trade name or name|Name or trade name|

(A Person Who Has a Special Relationship Pertaining to an Entrusting Foreign Bank Subject to Submission, etc. of Materials)

Article 14-7 A person who has a special relationship specified by a Cabinet Order prescribed in Article 52-2-8 of the Act shall be the following persons:

(i) a person who holds Shares, etc. exceeding 50% of Issued Shares, etc. of an Entrusting Foreign Bank (which means the entrusting foreign bank prescribed in Article 52-2, paragraph (1) of the Act; the same shall apply in item (iv));

(ii) a person who holds Shares, etc. exceeding 50% of Issued Shares of a person listed in the preceding item;

(iii) a judicial person of which Shares, etc. exceeding 50% of Issued Shares, etc. are held by a person listed in item (i);

(iv) a judicial person of which Shares, etc. exceeding 50% of Issued Shares, etc. are held by an Entrusting Foreign Bank;

(v) A judicial person of which Shares, etc. exceeding 50% of Issued Shares, etc. are held by a Judicial Person listed in the preceding item.

(Replacement Concerning a Foreign Bank's Agent Bank)

Article 14-8 The technical replacement of terms pursuant to the provisions of Article 52-2-10 of the Act shall be as shown in the following table.

|Provisions of the Act to be replaced|Terms deemed to be replaced|Terms used to replace with|

|Article 52-43|The acts listed in each item of Article 2, paragraph (14) (hereinafter referred to as "Acts of Agent for a Bank" in this Chapter)|Acts pertaining to acts of agent for a Foreign Bank; hereinafter referred to as "Acts of Agent for a Foreign Bank")|

|Article 52-44, paragraph (1)|Acts of Agent for a Bank|Acts of Agent for a Foreign Bank|

|Article 52-44, paragraph (1), item (i)|Trade name|Name or trade name|

|Article 52-44, paragraph (1), item (ii)|prescribed in the items of Article 2, paragraph (14)|pertaining to Acts of Agent for a Foreign Bank|

|Article 52-44, paragraph (3)|the preceding two paragraphs and Article 52-45-2|Article 52-2-5 and the preceding two paragraphs|

||Acts of Agent for a Bank|Acts of Agent for a Foreign Bank|

|Article 52-45, item (iii)|a person having ... (referred to as a "Closely Related Person" in the following item)|a person having|

(A Juridical Person Equivalent to a National Government and Local Government)

Article 15 A juridical person specified by a Cabinet Order as equivalent to the State, local public entity prescribed in Article 52-2-11, paragraph (1) of the Act shall be the following juridical persons:

(i) the investor-protection fund prescribed in Article 79-21 of the Financial Instruments and Exchange Act;

(ii) the Deposit Insurance Corporation;

(iii) the Agricultural and Fishery Cooperation Savings Insurance Corporation;

(iv) the Insurance Policyholders Protection Corporation prescribed in Article 259 of the Insurance Business Act;

(v) the Government Pension Investment Fund;

(vi) the Banks' Shareholding Purchase Corporation;

(vii) a foreign government.

(Holidays Not to be Included in Notification Period)

Article 15-2 Holidays specified by a Cabinet Order prescribed in Article 52-2-11, paragraph (1) of the Act shall be a day (except Sundays) listed in each item of Article 1, paragraph (1) of the Act. on Holidays of Administrative Organs (Act No.91 of 1988).

(Standards for Bulk Transfer of Voting Rights in the Short Period)

Article 15-3 The standard specified by a Cabinet Order as the case where a large amount of voting rights were transferred in a short period of time prescribed in Article 52-3, paragraph (2) of the Act shall be when proportion of voting rights held (which means proportion of voting rights held prescribed in Article 52-2-11, paragraph (1), item (i) of the Act; hereinafter the same shall apply in this Article) after the change, which is to be recorded in the change report as stipulated in Article 52-3, paragraph (2), becomes less than 50% of the highest rate among the proportion of voting rights held (limited to what is calculated based on the day following the date 60 days prior to the base date of calculation for the proportion of voting rights held after said change, and to what is calculated based on the day prior to the preceding day of said date 60 days prior and calculated based on the nearest day to said date 60 days prior) recorded or that should have been recorded in the written notice of holding the Bank's voting rights pertaining to said change report (which means the written notice of holding the Bank's voting rights as prescribed in Article 52-2-11, paragraph (1) or Article 52-4, paragraph (1) of the Act) or other change report pertaining to said the written notice of holding the Bank's voting rights (which means a change report prescribed in Article 52-3, paragraph (1) or Article 52-4, paragraph (2) of the Act) and decreased by more than 5% of the highest rate.

(Transactions or Acts Requiring an Authorization Pertaining to a Major Shareholder of a Bank)

Article 15-4 Transactions or acts specified by a Cabinet Order prescribed in Article 52-9, paragraph (1), item (iii) shall be the following transactions or acts:

(i) acquisition of voting rights (excluding an acquisition of Shares or equity by exercise of security interests and by other circumstances specified by a Cabinet Officer Ordinance) of a company, etc. (which means a company, etc. prescribed in Article 3-2, paragraph (1), item (ii) of the Act) other than a Bank by a person who intends to be said shareholder;

(ii) in cases of mergers involving a person (limited to a company; hereinafter referred to as "Said Company" in this Article) who intends to be said shareholder as a party where Said Company survives after said merger;

(iii) a company split (limited to that part of the business succeeded to by said company split) involving Said Company as a party;

(iv) transfer of a part of business by Said Company.

(Replacement in Reading Concerning Foreign Major Shareholder of A Bank)

Article 16 The technical replacement of terms regarding application of provisions of the Act for foreign Major Shareholder of a Bank (which means foreign Major Shareholder of a Bank prescribed in Article 52-16 of the Act; the same shall apply hereinafter) pursuant to the provisions of that Article shall be as shown in the following table.

|Provision of the Act to be replaced|Terms deemed to be replaced|Terms used to replace with|

|Article 65|the director, executive officer, accounting advisor or the members who are to perform the duties of the accounting advisors, auditor, representative person, administrator, manager, member who should engage in such duties, or liquidator|a director, executive officer, accounting advisor or a member who shall be engaged in such duties, auditor, representative person, administrator, manager, a member who should engage in such duties, a liquidator, or a person assigned to a similar duty|

(Transaction or Act Requiring an Authorization Pertaining to a Bank Holding Company)

Article 16-2 Transactions or acts specified by a Cabinet Order prescribed in Article 52-17, paragraph (1), item (iii) of the Act shall be the following transactions or acts:

(i) acquisition of voting rights (excluding an acquisition of Shares or equity by exercise of security interests and by other circumstances specified by a Cabinet Office Ordinance) of a company other than a Bank by Said Company or its Subsidiary Company;

(ii) in cases of mergers involving Said Company as a party where Said Company survives after said merger;

(iii) a company split (limited to that part of business succeeded to by said company split) involving Said Company as a party

(iv) transfer of a part of business by Said Company.

(Scope of Parent Financial Institutions, etc. and Subsidiary Financial Institutions, etc.)

Article 16-2-2 (1) A person specified by a Cabinet Order as prescribed in Article 52-21-2, paragraph (2) of the Act shall be the following persons (excluding a person who operates Bank Agency Service for a Bank that is a Subsidiary Company of said bank holding company):

(i) the Parent Juridical Person, etc. of said bank holding company;

(ii) a Subsidiary Company, etc. of the Parent Juridical Person, etc. of said bank holding company (excluding said bank holding company and persons listed in the preceding item and paragraph (3), items (i) and (ii));

(iii) a Relevant Juridical Person, etc. of the Parent Juridical Person, etc. of said bank holding company (excluding persons listed in paragraph (3), item (ii));

(iv) the following company and partnership or other business entity equivalent to that company and partnership, pertaining to a Specified Individual Shareholder, etc. of said bank holding company (including entities equivalent thereto in foreign states, but excluding said bank holding company and persons listed in the preceding three paragraphs and paragraph (3), items (i) and (ii); hereinafter referred to as "Juridical Person, etc." in this item);

(a) a Juridical Person, etc. (including a Subsidiary Company, etc. and Relevant Juridical Person, etc. of said Juridical Person, etc.), of which voting rights exceeding 50% of the Voting Rights Held by All of the Shareholders, etc. are held by said Specified Individual Shareholder, etc.;

(b) a Juridical Person, etc., of which 20% to 50% of the Voting Rights Held by All of the Shareholders, etc. are held by said Specified Individual Shareholder, etc.;

2. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 52-21-2, paragraph (2) of the Act shall be the persons listed in the items of Article 4-2-2, paragraph (2); 2. A person who engages in financial business specified by a Cabinet Order as prescribed in Article 52-21-2, paragraph (2) of the Act shall be the persons listed in the items of Article 4-2-2, paragraph (2);

3. A person specified by a Cabinet Order as prescribed in Article 52-21-2, paragraph (3) of the Act shall be the following persons (excluding a Bank Agent having a Bank that is a Subsidiary Company of said bank holding company as its Entrusting Bank): 3. A person specified by a Cabinet Order as prescribed in Article 52-21-2, paragraph (3) of the Act shall be the following persons (excluding a Bank Agent having a Bank that is a Subsidiary Company of said bank holding company as its Entrusting Bank):

(i) a Subsidiary Company, etc. of said bank holding company;

(ii) a Relevant Juridical Person, etc. of said bank holding company;

(iii) a person who operates Bank Agency Service for a bank that is a Subsidiary Company of said bank holding company (excluding those listed in the preceding two items).

4. A person who operates financial business specified by a Cabinet Order as prescribed in Article 52-21-2, paragraph (3) of the Act shall be the persons listed in the items of Article 4-2-2, paragraph (4). 4. A person who operates financial business specified by a Cabinet Order as prescribed in Article 52-21-2, paragraph (3) of the Act shall be the persons listed in the items of Article 4-2-2, paragraph (4).

(Granting of credit, etc. to an One Person Pertaining to a Bank Holding Company)

Article 16-2-3 (1) A person who has a special relationship specified by a Cabinet Order prescribed in the main clause of Article 52-22, paragraph (1) of the Act shall, in cases where an One and the same person prescribed in the main clause of the same paragraph (excluding a person who has a special relationship provided for by said Cabinet Order; which is referred to as an "One Person Itself" in paragraph (3)) is not a Combined Subsidiary Corporation, etc. (which means a Combined Subsidiary Corporation, etc. as prescribed in Article 4, paragraph (2); hereinafter the same shall apply in this paragraph) or a Combined Affiliated Corporation, etc. (which means a Combined Affiliated Corporation, etc. as prescribed in Article 4, paragraph (3); hereinafter the same shall apply in this paragraph) of said Bank Holding Company, be a person listed in any of the items in Article 4(1) (excluding said Bank Holding Company and its Combined Subsidiary Corporation, etc. and Combined Affiliated Corporation, etc.; which is referred to as a "Person Subject To Consolidated Credit Amount" in Article 4(12), as applied mutatis mutandis to paragraph (4)).

(2) Matters provided for by the Cabinet Order as credit granting or contributed funds (including an equivalent to granting of credit, etc. or contributed funds) as prescribed in the main clause of Article 52-22, paragraph (1) of The Act shall be those listed in any item of Article 4, paragraph (6) of The Act.

(3) The category provided for by the Cabinet Order as prescribed in the main clause of Article 52-22, paragraph (1) of the Act shall be a category of granting of credit, etc. (which means granting of credit, etc. as prescribed in the main clause of that paragraph; hereinafter the same shall apply in paragraph (5)) to the one person prescribed in the main clause of paragraph (1) of that Article, and the ratio specified by a Cabinet Order as prescribed in the main clause of that paragraph shall be 25%.

(4) The provision of Article 4, paragraph (12) shall apply mutatis mutandis to an unavoidable reason specified for by a Cabinet Order prescribed in the proviso to Article 52-22, paragraph (1) of the Act. In this case, the term "and its Subsidiary Companies, etc. (a Subsidiary Companies, etc. prescribed in the first sentence of Article 13, paragraph (2) of the Act; hereinafter the same shall apply in this paragraph) or its Subsidiary Companies, etc." in Article 4, paragraph (12), item (i) shall be deemed to be replaced with "or its Subsidiary Companies, etc. (a Subsidiary Companies, etc. prescribed in the main clause of Article 52-22, paragraph (1) of the Act; hereinafter the same shall apply in this paragraph)"; the term "the Consolidated Limit of Granting of Credit, etc. in total prescribed in the first sentence of Article 13, paragraph (2) of the Act to that bank (hereinafter referred to as 'Consolidated Limit of Granting of Credit, etc.' in this paragraph)" in that item shall be deemed to be replaced with 'the Limit of Granting of Credit, etc. (hereinafter referred to as 'Limit of Granting of Credit, etc. Pertaining to a Bank Holding Company' in this paragraph) in total pertaining to a Bank Holding Company prescribed in the main clause of that paragraph"; the term "and its Subsidiary Companies, etc. or its Subsidiary Companies, etc." in the provisions of item (ii) to (v) of that paragraph shall be deemed to be replaced with "or its Subsidiary Companies, etc."; the term "Consolidated Limit of Granting of Credit, etc." in the same provisions shall be deemed to be replaced with "Limit of Granting of Credit, etc. Pertaining to a Bank Holding Company"; and the term "and its Subsidiary Companies, etc. or for its Subsidiary Companies, etc." in that item shall be deemed to be replaced with "or for its Subsidiary Companies, etc."

(5) Granting of credit, etc. specified by a Cabinet Order prescribed in Article 52-22, paragraph (2), item (i) of the Act shall be a granting of credit, etc. (excluding that the national government guarantees repayment of the principal and payment of the interest) to any of the entities listed in the items of Article 4, paragraph (13).

(A Company Split Pertaining to a Bank Holding Company that Shall Not be Required to be the Authorization of the Commissioner of the Financial Services Agency)

Article 16-2-4 (1) A company split specified by a Cabinet Order as prescribed in Article 52-35, paragraph (2) of the Act shall be the following company splits (limited to a company split in which a part of business is succeeded to or is succeeded by said company split; hereinafter the same shall apply in this Article):

(i) a company split in which both the amount of assets or debts to be succeeded to by said company split is 5% or less of the total assets or total debts of said Bank Holding Company;

(ii) a company split in which both the amount of assets or debts to be succeeded by said company split is 5% or less of the total assets or total debts of said Bank Holding Company (except for the following company splits);

(a) a company split where the amount (which is referred to as a "Succeeding Debt Amount" in (b)) specified by a Cabinet Officer Ordinance as the amount of liability of a company in an absorption-type split (which means a company in an absorption-type split prescribed in Article 758, item (i) of the Companies Act; hereinafter the same shall apply in this item) succeeded to by that Bank Holding Company exceeds the amount (which is referred to as the "Succeeding Asset Amount" in sub-item (b)) specified by a Cabinet Office Ordinance as the amount of assets of a company in an absorption-type split succeeded to by that Bank Holding Company;

(b) a company split where the book value of money, etc. (excluding Shares, etc. (which means Shares, etc. as prescribed in Article 107, paragraph (2), item (ii), sub-item (e) of the Companies Act) of said Bank Holding Company) provided to company in an absorption-type split by said Bank Holding Company exceeds the amount as a result of deducting the Succeeding Debt Amount from the Succeeding Asset Amount.

(2) In the cases where the provisions of the preceding paragraph apply, the amount of assets (excluding the assets stipulated in item (ii), sub-item (a) of that paragraph; hereinafter the same shall apply in this paragraph) or debts, or total assets or total debts stipulated in that paragraph shall be calculated on or based on the book value (with regard to assets or debts succeeded by a company split listed in item (ii) of that paragraph, the book value to be referred to at the time of said company split) immediately before said company split.

(Transfer or Acceptance of Business Pertaining to a Bank Holding Company Which Shall Not Be Required To Be an Authorization from the Commissioner of the Financial Services Agency)

Article 16-3 (1) Transfer or acceptance of business specified by a Cabinet Order prescribed in Article 52-35, paragraph (3) of the Act shall be the following:

(i) transfer of a part of business where the amount of assets or debts to be transferred in accordance with the transfer of a part of said business is 5% or less of the amount of total assets or total debts of said Bank Holding Company;

(ii) acceptance of a part of business where the amount of assets or debts to be accepted in accordance with the acceptance of a part of said business is 5% or less of the amount of total assets or total debts of said Bank Holding Company.

(2) In the cases where the provisions of the preceding paragraph apply, the amount of assets or debts, or total assets or total debts stipulated in that paragraph shall, with regard to the transfer of the business listed in item (i) of that paragraph, be calculated on or based on the book value immediately before said transfer; with regard to acceptance of the business listed in item (ii) of that paragraph, be calculated on or based on the book value (with regard to assets or debts of said acceptance, the book value to be referred at the time of said acceptance) immediately before said acceptance.

(Replacement in Reading Concerning a Foreign Holding Company Having a Bank as a Subsidiary Company)

Article 16-4 The technical replacement of terms regarding the application of provisions of the Act for a Holding Company which was established under the laws and regulations of a foreign state and has a Bank as its Subsidiary Company under the provisions of Article 52-16 of the Act as applied mutatis mutandis pursuant to Article 52-20 of the Act (hereinafter referred to as a "Foreign Holding Company Having a Bank as a Subsidiary Company") shall be as shown in the following table.

|Provisions of the Act to be replaced|Term deemed to be replaced|Term used to replace with|

|Article 52-18(1)(ii)|equity capital|equity capital or those provided by the Commissioner of the Financial Services Agency as equivalent to this|

|Heading of Article 52-19|Directors|Directors, etc.|

|Article 52-19(1)|A director ... (or executive officer, in the case of a bank which is a company with committees)|A director or an executive officer, or a person assigned to a similar duty|

|Article 52-22(1) and (5)|the total net amount of the equity capital|the total net amount of the equity capital or those specified by the Commissioner of the Financial Services Agency as equivalent to this|

|Article 52-25, Article 52-33(2)|equity capital|equity capital or those specified by the Commissioner of the Financial Services Agency as equivalent to this|

|Article 52-34(1)|articles of incorporation|articles of incorporation or provisions equivalent to this|

||director, executive officer, accounting advisor, company auditor, or accounting auditor|director, executive officer, accounting advisor, company auditor, or accounting auditor, or a person assigned to a similar duty|

|Article 53(3)(vi)|stated capital|stated capital or contributed fund|

|Article 63(vii)|a director, executive officer, accounting advisor, auditor, or accounting auditor|a director, executive officer, accounting advisor, company auditor, or accounting auditor, or a person assigned to a similar duty|

|Article 65|the director, executive officer, accounting advisor or the members who are to perform the duties of the accounting advisors, auditor, manager or liquidator|the director, executive officer, accounting advisor or the members who are to perform the duties of the accounting advisors, auditor, manager, or a liquidator, or a person assigned to a similar duty|

||the director, executive officer, accounting advisor or the members who are to perform the duties of the accounting advisors, auditor, manager, member who should executes the operation, or liquidator|the director, executive officer, accounting advisor or the members who are to perform the duties of the accounting advisors, auditor, manager, member who should executes the operation, or a liquidator, or a person assigned to a similar duty|

(Special Provision Concerning the Time Limit of Notification Pertaining to a Foreign Specified Holding Company)

Article 16-5 In cases where a specified holding company as prescribed in Article 52-17, paragraph (2) of the Act is a Foreign Holding Company Having a Bank as a Subsidiary Company, said Foreign Holding Company Having a Bank as a Subsidiary Company shall, notwithstanding the provisions of that paragraph, notify of matters prescribed in that paragraph to the Commissioner of the Financial Services Agency within six months after the end of the business year in which the date when the cause prescribed in that paragraph arose; provided, however, that in cases where that notification may not be submitted within the six months due to laws and regulations or practices in the foreign state (which means a country that has enacted laws and regulations governing the establishment of said Foreign Holding Company Having a Bank as a Subsidiary Company) or other justifiable reasons, this due date may be extended after obtaining an approval from the Commissioner of the Financial Services Agency.

(Special Provision Concerning Public notice of a Balance Sheet, etc. Pertaining to a Bank Holding Company Located in a Foreign State)

Article 16-6 With regard to the application of the provisions of Article 52-28, paragraphs (3) and (5) of the Act pertaining to a Bank Holding Company located in a foreign state (which means a Foreign Holding Company Having a Bank as a Subsidiary Company, which was established after obtaining an authorization prescribed in Article 52-17, paragraph (1) of the Act or which obtained an authorization prescribed in that paragraph or the proviso to paragraph (3) of that Article), the term "within three months" in these provisions shall be deemed to be replaced by "within six months."

(Material Matters which Have Impacts on a Customer's Judgment Concerning Contracts for Specified Deposits, etc. that a Bank Agent Represents as Its Conclusion, etc.)

Article 16-6-2 (1) Matters specified by a Cabinet Order as prescribed in Article 37, paragraph (1), item (iii) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 52-45-2 of the Act shall be the following:

(i) a matter which concerns fees, rewards, and other consideration that a customer shall pay concerning a Contracts for Specified Deposits, etc. and is specified by a Cabinet Office Ordinance;

(ii) with regard to Contracts for Specified Deposits, etc. to be concluded by a customer, in cases where a loss is likely to be caused by changes in interest rate, currency value, market price in the financial instruments exchange market, and other indexes, the following items:

(a) said index;

(b) the fact that it is likely to cause a loss due to changes pertaining to said index and the reason for it.

(iii) matters specified by a Cabinet Office Ordinance to be equivalent to the matters listed in the preceding two items.

(2) In cases where an act prescribed in Article 37, paragraph (1) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 52-45-2 of the Act is conducted by broadcast methods using the broadcasting system of a Basic Broadcaster and other methods specified by a Cabinet Office Ordinance as equivalent to this, the matters specified by a Cabinet Order as prescribed in item (iii) of that paragraph shall, notwithstanding the provisions of the preceding paragraph, be listed as follows:

(i) with regard to Contracts for Specified Deposits, etc. to be concluded by a customer, in cases where a loss would be likely to be caused by changes in interest rate, currency value, market price in the financial instruments exchange market, and other indexes , the fact that there is the existence of this possibility of loss;

(ii) items specified by a Cabinet Office Ordinance as equivalent to items listed in the preceding item.

(Provision Using Information and Communications Technology)

Article 16-6-3 (1) A Bank Agent (which means a Bank Agent prescribed in Article 2, paragraph (15) of the Act; hereinafter the same shall apply) shall, when intending to provide the matters prescribed in Article 34-2, paragraph (4) of the Financial Instruments and Exchange Act as applied mutatis mutandis in Article 37-3, paragraph (2) of that Act as applied mutatis mutandis pursuant to Article 52-45-2 of the Act, pursuant to the provisions of Article 34-2, paragraph (4) of the Financial Instruments and Exchange Act (including the cases where it is applied in Article 37-4, paragraph (2) of that Act as applied mutatis mutandis pursuant to Article 52-45-2 of the Act; hereinafter the same shall apply in this Article) as applied mutatis mutandis in Article 37-3, paragraph (2) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 52-45-2 of the Act, pursuant to the provisions of a Cabinet Office Ordinance, present in advance to the other party to whom those matters are provided, the type and the contents of the method (hereinafter referred to as "Electromagnetic Means" in this Article) to be used as prescribed in that paragraph and obtain consent in written form or via Electromagnetic Means.

(2) When a Bank Agent that had obtained the approval pursuant to the provisions of the preceding paragraph receives a notice, either in writing or by Electromagnetic Means, from the other party that it shall not accept the provision of the matters through Electromagnetic Means, the Bank Agent shall not provide the matters prescribed in Article 34-2, paragraph (4) of the Financial Instruments and Exchange Act, as applied mutatis mutandis pursuant to Article 37-3, paragraph (2) of the same Act, which is applied mutatis mutandis pursuant to Article 52-45-2 of the Act, to said other party via Electromagnetic Means; provided, however, that this shall not apply to the case where said other party once again gives consent pursuant to the provisions of the preceding paragraph.

(Replacement in Reading the Provisions of the Financial Instruments and Exchange Act as Applied Mutatis Mutandis Concerning an Agent's Act or Intermediary of Conclusion of a Contracts for Specified Deposits, etc. Conducted by a Bank Agent)

Article 16-6-4 The technical replacement of terms pursuant to the provision of Article 52-45-2 shall be as shown in the following table.

|Provision of the Financial Instruments and Exchange Act to be replaced|Term deemed to be replaced|Term used to replace with|

|Article 37-3, paragraph (1), item (i)|trade name or name|trade name|

|Article 37-6, paragraph (4) (except for proviso)|consideration|consideration (which means fees, rewards, and other consideration that a customer shall pay concerning said Contracts for Specified Deposits, etc.)|

(Holidays of a Specified Bank Agent)

Article 16-7 (1) A day specified by a Cabinet Order as prescribed by Article 52-46, paragraph (1) of the Act shall be a day listed in any item of Article 5, paragraph (1).

(2) In addition to a day specified in the preceding paragraph, a business office or an office (including facilities other than facilities where a specified Bank Agent's act is performed in a business office or an office where said specified Bank Agent's act is performed) which does not perform the specified Bank Agent's act (which means a specified Bank Agent's act as prescribed in Article 52-46, paragraph (1) of the Act) of a specified Bank Agent (which means a specified Bank Agent as prescribed in that paragraph) may determine a day other than that specified in the preceding paragraph as a holiday.

(Scope of Banks, etc. that Shall Not be Required To be a License of Banking Agency Service)

Article 16-8 A person who engages in financial business specified by a Cabinet Order as prescribed in Article 52-61, paragraph (1) of the Act shall be the following persons:

(i) a Long-Term Credit Bank;

(ii) a Shinkin Bank and Federation of Shinkin Banks;

(iii) a credit cooperative and the federation of credit cooperatives which carry out a business as prescribed in Article 9-9, paragraph (1), item (i) of the Small and Medium Sized Enterprise, etc., Cooperatives Act;

(iv) a Labor Bank and the Federation of Labor Banks;

(v) an agricultural cooperative (limited to a cooperative which carries out a business as prescribed in Article 10, paragraph (1), item (iii) of the Agricultural Cooperatives Act) and the federation of agricultural cooperative (limited to a federation which carries out a business as prescribed in that item);

(vi) a fisheries cooperative (limited to a cooperative which carries out a business as prescribed in Article 11, paragraph (1), item (iv) of the Fisheries Cooperatives Act), a federation of fisheries cooperatives (limited to a federation which carries out a business as prescribed in Article 87, paragraph (1), item (iv) of that Act), a fishery processing cooperative (limited to a cooperative which carries out a business as prescribed in Article 93, paragraph (1), item (ii) of that Act), and a federation of fishery processing cooperatives (limited to an association which carries out a business prescribed in Article 97, paragraph (1), item (ii) of that Act);

(vii) the Norinchukin Bank;

(Designation by Other Laws Pertaining to a Business Equivalent to a Dispute Resolution Business)

Article 16-9 Designation specified by a Cabinet Order as prescribed in Article 52-62, paragraph (1), item (ii) and item (iv), sub-item (d), Article 52-66, and Article 52-83, paragraph (3) of the Act shall be the following:

(i) designation by the provisions of Article 156-39, paragraph (1) of the Financial Instruments and Exchange Act;

(ii) designation listed in the items of Article 16-11.

(Ratio of the Number of Banks That Objected to the Total Number of Banks)

Article 16-10 The ratio specified by the Cabinet Order prescribed in Article 52-62, paragraph (1), item (viii) shall be one third.

(Exemption from Restriction on Use of Names)

Article 16-11 A person specified by a Cabinet Order as prescribed in Article 52-77 of the Act shall be subject to any of the following designations:

(i) designation by the provisions of Article 35-2, paragraph (1) of the Mutual Loan Business Act (Act No. 42 of 1931);

(ii) designation by the provisions of Article 12-2, paragraph (1) of the Act on Provision, etc. of Trust Business by Financial Institutions (Act No. 43 of 1943);

(iii) designation by the provisions of Article 92-6, paragraph (1) of the Agricultural Cooperatives Act;

(iv) designation by the provisions of Article 121-6, paragraph (1) of the Fisheries Cooperatives Act;

(v) designation by the provisions of Article 69-2, paragraph (1) of the Small and Medium Sized Enterprise, etc., Cooperatives Act;

(vi) designation by the provisions of Article 85-4, paragraph (1) of the Shinkin Bank Act (Act No. 238 of 1951);

(vii) designation by the provisions of Article 16-8, paragraph (1) of the Long-Term Credit Bank Act;

(viii) designation by the provisions of Article 89-5, paragraph (1) of the Labor Bank Act (Act No. 227 of 1953);

(ix) designation by the provisions of Article 41-39, paragraph (1) of the Money Lending Business Act (Act No. 32 of 1983);

(x) designation by the provisions of Article 308-2, paragraph (1) of the Insurance Business Act;

(xi) designation by the provisions of Article 95-6, paragraph (1) of the Norinchukin Bank Act (Act No. 93 of 2001);

(xii) designation by the provisions of Article 85-2, paragraph (1) of the Trust Business Act (Act No. 154 of 2004);

(xiii) designation by the provisions of Article 99, paragraph (1) of the Act Concerning Settlement of Funds (Act No. 59 of 2009).

(Authorities Excluded from Authorities Delegated to the Commissioner of the Financial Services Agency)

Article 17 Matters specified by a Cabinet Order as prescribed in Article 59, paragraph (1) of the Act shall be the following:

(i) a license pursuant to the provisions of Article 4, paragraph (1) of the Act;

(ii) rescission of the license as prescribed in Article 4, paragraph (1) of the Act pursuant to the provisions of Articles 27 and 28 of the Act;

(iii) an authorization pursuant to provisions of the proviso to Article 52-17, paragraphs (1) and (3) of the Act;

(iv) rescission of an authorization prescribed in the proviso to Article 52-17, paragraphs (1) and (3) of the Act pursuant to the provisions of Article 52-34, paragraph (1) of the Act;

(v) a public notice pursuant to the provisions of Article 56 of the Act (limited to the part pertaining to items (ii) and (vi));

(vi) a Notification pursuant to the provisions of Article 57-6 of the Act (limited to the part pertaining to items (i) and (ii) (limited to the part pertaining to an authorization pursuant to the provisions of the proviso to Article 52-17, paragraphs (1) and (3)), and items (iv) and (v) (limited to the part pertaining to rescission of an authorization as prescribed in the proviso to Article 52-17, paragraphs (1) and (3) of the Act pursuant to the provisions of Article 52-34, paragraph (1) of the Act)).

(Delegation of Authority to Director-General, etc. of Local Finance Bureaus)

Article 17-2 (1) The following authorities among authorities delegated to the Commissioner of the Financial Services Agency pursuant to the provisions of Article 59, paragraph (1) of the Act and that of the Commissioner of the Financial Services Agency (hereinafter referred to as "Commissioner's Authority") specified by this Cabinet Order shall be delegated to the Directors-General of Local Finance Bureaus (in the cases where the location is within the jurisdictional distinction of Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau) who have jurisdiction over the location of the head office of a Bank (including the principal Foreign Bank Branch (which means the principal Foreign Bank Branch as prescribed in Article 47, paragraph (1) of the Act); hereinafter the same shall apply in this Article); provided, however, that the authorities listed in item (vi) to (viii) shall not preclude the Commissioner of the Financial Services Agency from exercising them:

(i) an authorization and approval pursuant to the provisions of Article 5, paragraph (3), Article 6, paragraph (3), Article 7, paragraph (1), Article 8, paragraphs (2) and (3), the proviso to Article 13, paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to the second sentence of paragraph (2) of that Article), the proviso to Article 13-2, the proviso to Article 20, paragraph (4) (including the cases where it is applied mutatis mutandis pursuant to the second sentence of paragraph (5) of that Article), Article 30, paragraph (2) (limited to a part pertaining to that a part of business is succeeded to or is succeeded by a company split (excluding a company split which makes a Bank, etc. eligible for subsidiary company, as prescribed in Article 16-2, paragraph (7) of the Act, a Subsidiary Company)), Article 30, paragraph (3) (limited to a part pertaining to transfer or acceptance of a part of business (excluding the transfer or acceptance which makes a Bank, etc. eligible for subsidiary company, as prescribed in Article 16-2, paragraph (7) of the Act, a Subsidiary Company)) and Article 47-3 of the Act;

(ii) an approval pursuant to the provisions of the proviso to Article 55, paragraph (1) of the Act pertaining to an authorization listed in the preceding item;

(iii) the addition of conditions of an authorization or approval listed in the preceding two items pursuant to the provisions of Article 54, paragraph (1) of the Act and those changes;

(iv) an approval pursuant to the provisions of Article 5, paragraph (2), item (ii);

(v) an acceptance of Notification pursuant to the provisions of Article 8, paragraph (1), Article 16, paragraph (1), Article 49 , Article 52-2, paragraph (2), Article 52-2-9, paragraph (1) and Article 53, paragraph (1) of the Act and an acceptance of documents pursuant to the provisions of Article 19, paragraphs (1) and (2) and Article 52-50, paragraph (1) as applied mutatis mutandis pursuant to Article 52-2-10 of the Act;

(vi) an order to submit a report or materials pursuant to the provisions of Article 24, paragraphs (1) and (2), Article 48, and Article 52-2-8 of the Act;

(vii) questions and on-site inspection pursuant to the provisions of Article 25, paragraphs (1) and (2) of the Act;

(viii) an order (excluding an order to suspend all or part of business and including an order to submit an improvement program) pursuant to the provisions of Article 26, paragraph (1), Article 52-14, paragraph (2) and Article 52-33, paragraph (3) of the Act.

(2) Authorities listed in items (vi) and (vii) of the preceding paragraph pertaining to a person who is other than a Bank Agent to which a business office other than the head office of a Bank and other facilities (including a business office, office, or other facilities of a Bank Agent to which said Bank (including a Foreign Bank Branch; hereinafter the same shall apply in this paragraph) serves as an Entrusting Bank (which means an Entrusting Bank as prescribed in paragraph (16) of that Article; hereinafter the same shall apply in this paragraph), and its secondary Foreign Bank Branch (which means a secondary Foreign Bank Branch as prescribed in Article 47, paragraph (2) of the Act)),or its Subsidiary, etc. (which means a Subsidiary, etc. as prescribed in Article 24, paragraph (2) of The Act) or said Bank serves as an Entrusting Bank and is entrusted a business by said Bank (including a person who is entrusted by such person (including entrustment at two or more degrees of separation from the original entrustment)) (hereinafter referred to as "Branch Office, etc." in this Article), may be exercised by the Directors-General of Local Finance Bureaus who have jurisdiction over the location of said Branch Office, etc. (in cases where said location is within the jurisdiction of Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau), in addition to the Directors-General of Local Finance Bureaus or the Director-General of the Fukuoka Local Finance Branch Bureau as prescribed in the preceding paragraph.

(3) The Directors-General of Local Finance Bureau or the Director-General of the Fukuoka Local Finance Branch Bureau, who requested a Branch Office, etc. of a Bank to submit reports or materials, or questioned or conducted an on-site inspection (hereinafter referred to as "Inspection, etc." in this paragraph) pursuant to the provisions of the preceding paragraph, may, when he or she found necessity of Inspection, etc. with a Branch Office, etc. other than the head office of said Bank or said Branch Office, etc., conduct Inspection, etc. with a Branch Office, etc. other than the head office of said Bank or said Branch Office, etc.

(4) The provisions of the preceding three paragraphs shall not apply to the Commissioner's Authority designated by the Commissioner of the Financial Services Agency among those listed in any items of paragraph (1).

(5) The Commissioner of the Financial Services Agency shall, when he or she designated pursuant to the provisions of the preceding paragraph, give notification of these effects. The same shall apply to the case where they are abolished or changed.

Article 17-2-2 (1) The following Commissioner's Authority shall be delegated to the Directors-General of Local Finance Bureaus (in the cases where said location is within the jurisdiction of the Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau) who have jurisdiction over the location of the principal office (in cases of individuals, their address or residence)(hereinafter referred to as "Principal Office, etc." in this Article and the following Article) of the Major Holder of the Bank's Voting Rights (which means the Major Holder of the Bank's Voting Rights prescribed in Article 52-2-11, paragraph (1) of the Act; hereinafter the same shall apply in this Article); provided, however, that the authorities listed in items (iii) and (iv) shall not preclude the Commissioner of the Financial Services Agency from exercising them:

(i) acceptance of documents or notification pursuant to the provisions of Article 52-2-11, paragraph (1), Article 52-3, paragraphs (1), (3) and (4) and Article 52-4, paragraph (1) and (2) of the Act;

(ii) an order to submit a correction report and holding a hearing pertaining to said order pursuant to the provisions of Article 52-5 and Article 52-6 of the Act,;

(iii) an order to submit reports or materials pursuant to the provisions of Article 52-7 of the Act;

(iv) questions and on-site inspection pursuant to the provisions of Article 52-8, paragraph (1) of the Act.

(2) Authorities listed in items (iii) and (iv) of the preceding paragraph may be exercised by the Directors-General of Local Finance Bureaus (in the cases where said location is within the jurisdiction of the Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau) who have jurisdiction over the location of a head office or a principal office of a Bank or a Bank Holding Company pertaining to a Major Holder of the Bank's Voting Rights, in addition to the Directors-General of the Local Finance Bureaus or the Director-General of the Fukuoka Local Finance Branch Bureau prescribed in the preceding paragraph.

(3) An authority listed in items (iii) and (iv) of paragraph (1) pertaining to an office other than the Principal Office, etc. of the Major Holder of the Bank's Voting Rights and other facilities (hereinafter referred to as "Secondary Office, etc." in this paragraph and the following Article) may be exercised by the Directors-General of Local Finance Bureaus (in the cases where said location is within the jurisdictional distinction of Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau ) who have jurisdiction over the location of said Secondary Office, etc., in addition the Directors-General of the Local Finance Bureaus or the Director-General of the Fukuoka Local Finance Branch Bureau prescribed in the preceding two paragraphs.

(4) Provisions of the preceding three paragraphs shall not apply to the Commissioner's Authority designated by the Commissioner of the Financial Services Agency among those listed in each item of paragraph (1).

(5) The Commissioner of the Financial Services Agency shall, when he or she designated the Commissioner's Authority pursuant to the provisions of the preceding paragraph, give notification of these effects. The same shall apply to the case where they are abolished or changed.

(6) Provisions of each of the preceding paragraph shall apply, when the Major Holder of the Bank's Voting Rights (limited to a foreign national or foreign juridical person; hereinafter the same shall apply in this paragraph) has an office and other facility in Japan, by deeming its Principal Office, etc., and, when the Major Holder of the Bank's Voting Rights does not have an office or other facility in Japan, by deeming its Principal Office, etc. to be located within the jurisdictional distinction of the Kanto Local Finance Bureau.

Article 17-2-3 (1) The acceptance of notification pursuant to the provisions of Article 52-9, paragraph (3) and Article 53, paragraph (2) shall be delegated to the Directors-General of Local Finance Bureaus (in cases where said location is within the jurisdictional distinct of the Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau) who have jurisdiction over the location of the head office of the Bank in which a person who holds or held the voting rights which amount to the Major Shareholder Threshold or more holds or held the voting rights which amount to the Major Shareholder Threshold or more.

(2) With regard to the Commissioner's Authority listed in paragraph (1), items (i) and (ii) of the preceding Article pertaining to a holder or ex-holder of the preceding paragraph (limited to a Commissioner's Authority concerning a bank pertaining to an acceptance of notification from the preceding paragraph), the provisions of the preceding paragraph shall apply, notwithstanding the provisions of paragraph (1) of the same Article.

(3) The following Commissioner's Authority shall be exercised also by the Directors-General of Local Finance Bureaus (in cases where said location is within the jurisdictional distinct of the Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau) who have jurisdiction over the location of a Principal Office, etc. of the Major Shareholder of the Bank or that of the head office of the Bank in which the Major Shareholder of the Bank holds voting rights at or more than the number of the Major Shareholder of the Bank:

(i) an order to submit reports and materials pursuant to the provisions of Article 52-11 of the Act;

(ii) questions and on-site inspection pursuant to the provisions of Article 52-12, paragraph (1) of the Act.

(4) Authorities listed in each item of the preceding paragraph pertaining to Secondary Offices, Etc. of the Major Shareholder of the Bank may be exercised by the Directors-General of Local Finance Bureaus (in cases where said location is within the jurisdictional distinct of the Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau) who have jurisdiction over the location of said Secondary Office, etc., in addition to the Directors-General of Local Finance Bureaus or the Director-General of the Fukuoka Local Finance Branch Bureau prescribed in the preceding paragraph.

(5) The Commissioner's Authority designated by the Commissioner of the Financial Services Agency (hereinafter referred to as the "Specified Commissioner's Authority" in the following paragraph) among those prescribed in paragraphs (1) and (2) and those listed in each item of paragraph (3) shall, notwithstanding the provisions of the preceding paragraphs, be delegated to the Directors-General of Local Finance Bureaus or the Director-General of the Fukuoka Local Finance Branch Bureau designated by the Commissioner of the Financial Services Agency.

(6) The provisions of paragraph (1) to (4) shall not apply to the Commissioner's Authority designated by the Commissioner of the Financial Services Agency among those prescribed in paragraphs (1) and (2) and those listed in each item of paragraph (3) (excluding Specified Commissioner's Authority).

(7) The Commissioner of the Financial Services Agency shall, when he or she specified the Commissioner's Authority pursuant to the provisions of the preceding two paragraphs, give notification of these effects. The same shall apply to the case where they are abolished or changed.

(8) The provisions of each of the preceding paragraphs shall apply, when the Major Shareholder of the Bank (limited to a foreign national or foreign juridical person; including a person who was the Major Shareholder of the Bank when said Major Shareholder of the Bank is no longer the Major Shareholder of the Bank; hereinafter the same shall apply in this paragraph) who has an office or other facility in Japan, by deeming its Principal Office, etc., in Japan as the Principal Office, etc., and, when the Major Shareholder of the Bank does not have an office or other facility in Japan, by deeming its Principal Office, etc. to be located within the jurisdictional district of the Kanto Local Finance Bureau.

Article 17-3 (1) The following Commissioner's Authority shall be delegated to the Directors-General of Local Finance Bureaus (in cases where said location is within the jurisdictional district of the Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau) who have jurisdiction over the location of the principal office, etc. of the Holding Company which holds a Bank as a Subsidiary Company (which means a holding company prescribed in Article 2, paragraph (12) of the Act; hereinafter the same shall apply in this paragraph) or a company which was a Holding Company that had a bank as a Subsidiary Company.

(i) an Authorization and an approval pursuant to the provisions of Article 52-19, paragraph (1) and, the proviso to Article 52-22, paragraph (1) and the proviso to Article 52-28, paragraph (3) (including the cases where it is applied mutatis mutandis pursuant to the second sentence of paragraph (4) of that Article) and Article 52-35, paragraph (2) (limited to a part pertaining to that a part of business is succeeded to or is succeeded by a company split (excluding a company split which makes a Bank, Etc. Eligible for Subsidiary Company prescribed in Article 52-23, paragraph (6) of the Act, a Subsidiary Company)); and the provision of Article 52-35, paragraph (3) (limited to a part pertaining to a transfer of acceptance of a pat of business (excluding the transfer or acceptance that makes a Bank, Etc. Eligible for Subsidiary Company prescribed in Article 52-23, paragraph (6) of the Act a Subsidiary Company)), and the provisions of the proviso to Article 16-5 of this Act;

(ii) an approval pursuant to the provisions of the proviso to Article 55, paragraph (1) of the Act pertaining to an authorization listed in the preceding item;

(iii) the addition of conditions of an authorization or approval listed in the preceding two items pursuant to Article 54, paragraph (1) of the Act and these changes;

(iv) an acceptance of notification pursuant to the provisions of Article 52-17, paragraphs (2) and (4), Article 53, paragraph (3) of the Act, and the provisions of Article 16-5 of this Order, and an acceptance of documents pursuant to the provisions of Article 52-27, paragraph (1) of the Act.

(2) The following Commissioner's Authority shall be exercised also by the Directors-General of Local Finance Bureaus (in cases where said location is within the jurisdictional district of the Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau) who have jurisdiction over the location of the principal office of a Bank Holding Company or the head office of a bank which is a Subsidiary Company of said Bank Holding Company:

(i) an order to submit reports and materials pursuant to the provisions of Article 52-31, paragraphs (1) and (2) of the Act;

(ii) questions and on-site inspection pursuant to the provisions of Article 52-32, paragraphs (1) and (2) of the Act.

(3) Authorities listed in each item of the preceding paragraph pertaining to a person (hereinafter referred to as "Branch Office, etc." in this paragraph) who was entrusted a business by an office other than a principal office of a Bank Holding Company and other facility, its Subsidiary, etc. (which means a Subsidiary, etc. prescribed in Article 52-31, paragraph (2) of the Act), or said Bank Holding Company (including a person who was entrusted by such person (including entrustment at two or more degrees of separation from the original entrustment)), may be exercised also by the Directors-General of Local Finance Bureaus (in cases where said location is within the jurisdictional district of the Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau) who have jurisdiction over the location of said Branch Office, etc., in addition to the Directors-General of Local Finance Bureaus or the Director-General of the Fukuoka Local Finance Branch Bureau prescribed in the preceding paragraph.

(4) The provisions of the preceding three paragraphs shall not apply to the Commissioner's Authority designated by the Commissioner of the Financial Services Agency among those listed in each item of paragraphs (1) and (2).

(5) The Commissioner of the Financial Services Agency shall, when he or she designated the Commissioner's Authority pursuant to the provisions of the preceding paragraph, give notification of these effects. The same shall apply to the case where they are abolished or changed.

(6) The provisions of each of the preceding paragraphs shall apply, when a Foreign Holding Company Having a Bank as a Subsidiary Company (including a company which was a Foreign Holding Company Having a Bank as a Subsidiary Company; hereinafter the same shall apply in this paragraph) has an office in Japan by deeming its principal office in Japan as the principal office, and, when a Foreign Holding Company Having a Bank as a Subsidiary Company does not have an office or other facility in Japan by deeming its principal office to be located within the jurisdictional district of the Kanto Local Finance Bureau.

Article 17-4 (1) The following Commissioner's Authority shall be delegated to the Directors-General of Local Finance Bureaus (in cases where said location is within the jurisdictional district of the Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau) who have jurisdiction over the location of the principal business office or office (hereinafter referred to as "Principal Business Office, etc." in this Article) of an applicant (which means an applicant as prescribed in Article 52-37, paragraph (1) of the Act) or a Bank Agent (including a Bank, etc. (which means a Bank, Etc. prescribed in paragraph (1) of the same Article) who is deemed to be a Bank Agent pursuant to the provisions of Article 52-61, paragraph (2) of the Act; hereinafter the same shall apply in this Article); provided, however, that authorities listed in items (vii) and (viii) shall not preclude the Commissioner of the Financial Services Agency from exercising them:

(i) a permission pursuant to the provisions of Article 52-36, paragraph (1) of the Act;

(ii) the addition of conditions of permission listed in the preceding item pursuant to the provisions of Article 52-38, paragraph (2) of the Act and these changes;

(iii) an approval pursuant to the provisions of Article 52-57, item (iii) pertaining to a permission listed in item (i);

(iv) an approval pursuant to the provisions of Article 52-42, paragraph (1);

(v) acceptance of notification pursuant to the provisions of Article 52-39 of the Act, Article 52-47 and Article 52-52 and Article 52-61, paragraph (3) and Article 53, paragraph (4), and acceptance of documents pursuant to the provisions of Article 52-37, paragraph (1) and Article 52-50, paragraph (1) of the Act

(vi) public inspection pursuant to the provisions of Article 52-50, paragraph (2) of the Act;

(vii) an order to submit reports and materials pursuant to the provisions of Article 52-53 of the Act;

(viii) questions and on-site inspection pursuant to the provisions of Article 52-54, paragraph (1) of the Act;

(ix) an order pursuant to the provisions of Article 52-55 of the Act;

(x) a disposition pursuant to the provisions of Article 52-56 of The Act.

(2) The authorities listed in items (vii) and (viii) of the preceding paragraph pertaining to a business office, an office or other facility other than the Principal Office, etc. of a Bank Agent (hereinafter referred to as "Secondary Business office, etc." in this Article) may be exercised by the Directors-General of Local Finance Bureaus (in the cases where said location is within the jurisdictional district of the Fukuoka Local Finance Branch Bureau, the Director-General of the Fukuoka Local Finance Branch Bureau) who have jurisdiction over the location of said Secondary Business office, etc., in addition the Directors-General of Local Finance Bureaus or the Director-General of the Fukuoka Local Finance Branch Bureau prescribed in the preceding paragraph.

(3) The Directors-General of Local Finance Bureaus or the Director-General of the Fukuoka Local Finance Branch Bureau, who requested a Secondary Business office, etc. of a Bank Agent to submit reports or materials, or questioned or conducted an on-site inspection (hereinafter referred to as "Inspection, etc." in this paragraph) pursuant to the provisions of the preceding paragraph, may, when he or she finds the necessity of Inspection, etc. with the Principal Business Office, etc. of said Bank Agent, or, the Secondary Business office, etc. other than the Secondary Business Office, etc., conduct the Inspection, etc. with said Principal Business Office, etc. or the Secondary Business Office other than said Secondary Business Office, etc.

(4) The provisions of the preceding three paragraphs shall not apply to the Commissioner's Authority designated by the Commissioner of the Financial Services Agency among those listed in any items of paragraph (1).

(5) The Commissioner of the Financial Services Agency shall, when he or she designated the Commissioner's Authority pursuant to the provisions of the preceding paragraph, give notification of these effects. The same shall apply to the cases where they are abolished or changed.

(Exemption of Supplementary Provisions of The Act to a Foreign Bank Branch)

Article 18 Provisions of Article 2 to 4 of the Supplementary Provisions, Article 6, paragraph (1), Article 9, paragraphs (2) and (3) and Articles 13 and 18 of the Act shall not apply to a Foreign Bank Branch.