I hereby give My Sanction to the Law concerning the Forestry Association, approved by the Imperial Diet and cause the same to be promulgated.
Signed:HIROHITO, Seal of the Emperor
This ninth day of the tenth month of the twenty-first year of Showa (October 9, 1946)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Agriculture and Forestry WADA Hiroo
Minister of Finance ISHIBASHI Tanzan
The Law concerning the Forest Industry Associations
Article 1. The object of a forest industry association is to strive voluntarily through mutual co-operation of the members, for the improvement and development of the forest industry, as well as for the increased production and the fair distribution of the forest products.
The forest industry in the sense of this Law shall be the business inclusive of the business of the fostering and exploitation of forest resources and of the business of the production and the sale of the forest products, and the forest products are those forest products inclusive of timber, charcoal and firewood and such other products as may be specified by the competent Minister.
Article 2. The forest industry associations shall be Japan Forest Industry Association and prefectural forest industry associations.
Article 3. A forest industry association shall be a juristic person.
Article 4. A forest industry association shall carry on the following business for the purpose of accomplishing its objects:
1. Business relating to the guidance and encouragement of forest industry;
2. Provision of common facilities for the improvement and development of the forest industry of the members;
3. Examination of forest products;
4. Investigation and researches relating to the forest industry;
5. In addition to those contemplated in the preceding respective items, any of such business as may be necessary for the purpose of accomplishing the object of a forest industry association.
In addition to the businesses contemplated in the last preceding paragraph, a forest industry association may carry on the following businesses.
1. Business relating to the allocation of the production and distribution of the forest products in accordance with the governmental instruction;
2. Business relating to the co-operation with the governmental policies concerning price control on forest products;
3. Business relating to the allocation of the necessary materials in accordance with the governmental instruction.
Article 5. The sphere of a Metropolitan, Do (Regional) or prefectural forest industry association shall be the same as the area of the Metropolis, Do (Region) or prefecture concerned. The sphere of the Japan Forest Industry Association shall be the same as the area of the whole country.
Article 6. In the name of a Metropolitan, Do or prefectural forest industry association there shall be used the term of "Metropolitan, Do or prefectural forest industry association," and in the name of the Japan Forest Industry Association there shall be used the term of "Japan Forest Industry Association."
No association other than a forest industry association shall use any of the terms specified in the preceding paragraph in its name.
Article 7. A forest industry association must effect registrations in accordance with the provisions of an Imperial Ordinance.
Any matter which is required by the provisions of the preceding paragraph to be registered may not be set up against a third person until after registration has been effected.
Article 8. No corporate and business taxes shall be levied upon a forest industry association which does not cause its members to make contribution.
No income, corporate and business taxes shall be levied upon such forest industry association as causes its members to make contribution, (hereinafter in this Law referred to as "a contributed forest industry association." ).
Article 9. Persons who are qualified for membership of a Metropolitan, Do or prefectural forest industry assodication shall be the following:
1. A Metropolitan, Do or prefectural federation of forest owners'co-operations.
2. A Metropolitan, Do or prefectural forest products co-operations.
3. A person, co-operation or association who engages in the forest industry or in the industry relative closely to the forest industry and is qualified for membership of the forest industry association by the provision on the articles of association.
Persons who are qualified for membership of the Japan Forest Industry Association shall be the following:
1. A Metropolitan, Do or prefectural forest industry association.
2. A person, co-operation or association who engages in the forest industry or in the industry relative closely to the forest industry and is qualified for membership of the Japan Forest Industry Association by the provision of the article of Association.
Article 10. In order that a Metropolitan, Do or prefectural forest industry association may be formed, promotors shall, in accordance with the provisions of an Ordinance, held an initial general meeting with the consent of such person as are contemplated in Item 1 of Paragraph 1 of the last preceding article, and more than two-thirds of such persons as are contemplated in Item 2 of the same paragraph, decide upon the articles of Association and other matters necessary for formation and obtain the approval of the appropriate administrative office.
In order that the Japan Forest Industry Association may be formed, promotors shall, in accordance with the provision of an Ordinance, held an initial general meeting with the consent of more than two-thirds of such persons as are contemplated in Item 1 of Paragraph 2 of the last preceding article, decide upon the articles of association and other matters necessary for formation and obtain the approval of the appropriate administrative office.
Article 11. In the articles of the forest industry association the following particulars must be stated:
1. The object and businesses;
4. The localities where its offices are situated;
5. The provisions relating to the members;
6. The manner of contribution to, or sharing in, the expenses;
7. The provisions relating to meetings;
8. The provisions relating to officers;
9. The provisions relating to the administration of business and accounts;
10. The method of the public notice;
In the articles of a contributed forest industry association the following particulars must be stated in addition to the particulars mentioned in the above paragraph.
1. The amount of a unit of contribution and the manner of payment thereon;
2. The provisions relating to the disposition of a surplus fund or the disposal of a loss;
3. The amount of the reserve fund and the manner of accumulating the same.
Article 12. The forest industry association shall come into existence when registration has been effected in the locality where its principal office is situated.
Article 13. If any person who is qualified for membership proposes to enter a forest industry association, it shall not, without any justifiable ground, attach a difficult condition to entrance or refuse entrance.
Article 14. There shall be Directors and Auditors for a forest industry association as the officers thereof.
Officers shall be selected at a general meeting from among the members or the officers who perform the official duties of such juristic persons as are the members. Provided officers at the time of the formation must be selected from among the persons who consent to the formation or from among the officers who perform the official duties of such juristic persons as consent to the formation.
In a case where there exists any special circumstance, officers shall be selected from among the persons who are not contemplated in the preceding paragraph.
Article 15. The term of office of a Director shall be three years, and the term of office of an Auditor shall be two years;provided, that special provisions may be made in the articles of Association.
An officer may be removed from office at a general meeting even during his term of office.
Article 16. In a case where a forest industry association enters into any contract with its Director, its Auditor shall represent the association. The same shall apply to a litigation between the association and its Director.
Article 17, In a case where it causes vacancies of all Directors or Directors cannot perform the official duties, Auditor shall perform their duties, provided, that it shall be permitted for a period not to exceed for three months.
In a case where there is no persons who perform the official duties of Directors, the appropriate administrative office can select a provisional Director and cause him to perform the official duties of Director.
Article 18. An Auditor shall not be a Director or an employee at the same time.
Article 19. The Directors must keep the articles of Association and the minutes of general meetings at each office, and the register of members at the principal office.
In the register of members the following particulars must be stated in respect of each members,
1. Full name or designation and permanent residence;
2. In the contributed forest industry association, the number of units of contribution and the date at which each unit of contribution has been obtained, and the amount of such contribution as has been paid up and the date at which such payment as has been made.
Any member and any creditor of a forest industry association may inspect any of the documents as specified in Paragraph 1.
Article 20. In cases where a forest industry association gives notice or peremptory notice to its members, it shall be sufficient to address such notice or peremptory notice to their permanent residences which have been entered in the register of members or if they have especially notified the places for receiving such notice or peremptory notice to the forest industry association, to such places.
The notice or peremptory notice contemplated in the preceding paragraph shall be deemed to have reached at such time as it should have reached in the ordinary course of affairs.
Article 21. The Director shall submit to the Auditor a business report, an inventory, a balance sheet and aplan of the disposition of a surplus fund or of the disposal of a loss, one week prior to the day fixed for an ordinary general meeting and keep them at the principal office.
Any member or any creditor of a forest industry association may inspect the documents as specified in the preceding paragraph.
In cases where the documents as specified in Paragraph 1 are to be submitted at an ordinary general meeting, they shall be accompanied by a written opinion of the Auditor.
Article 22. The general meeting of a forest industry association shall be composed of assemblymen and special assemblymen.
Assemblymen of a Metropolitan, Do or prefectural forest industry association shall be selected from among the officers who perform the official duties of such a federation of forest owners'co-operations as is the member of the said association or of such co-operations as are the member of the said federation, at the general meeting of the said federation, and elected by a forest products co-operation from among the officers who perform the official duties of such forest products co-operations as are the member of the said association and have qualification contemplated in the provision of Item 2 of Paragraph 1 of Article 9. Assemblymen of the Japan Forest Industry Association shall be elected, by such Metropolitan, Do or prefectural associations as are the member of the Japan Forest Industry Association, from among the officers who perform the official duties of the said associations.
Special assemblymen shall be selected at the general meeting from among such members as are qualified in the provision of Item 3 of Paragraph 1 of Article 9, or of Item 2 of Paragraph 2 of the said article, from among the officers who perform the official duties of such juristic person as are the members or from among those who have knowledge and experiences with respect to forest industry.
Article 23. The Directors must convene an ordinary general meeting at least once in each business year.
Article 24. Any assemblyman or special assemblyman may upon obtaining the consent of more than one-fifth of the full number of assemblyman or special assemblymen, demand a general meeting to be convened by presenting a document stating the object and the reason for convention to the Directors.
If the Directors fail, without any justifiable ground, to take proper steps for convening a general meeting within two weeks as from the day upon which the demand has been made in accordance with the provisions of the preceding paragraph, the Auditors must convene the same.
Article 25. Any of the following matters must be submitted at a general meeting for a resolution:
1. An alteration of the articles of Association;
2. The framing or alteration of the business plan of each business year;
3. The manner of imposing or collecting of charges;
4. The highest limit to the incurring of debt by borrowing money;
5. The approval of a business report;
The following matters, in addition to the matters in the preceding paragraph, must be submitted at a general meeting for a resolution, with respect to the contributed forest industry association.
1. The approval of an inventory and a balance sheet;
2. The disposition of a surplus fund and the disposal of a loss.
Article 26. Assemblyman and special assemblyman shall respectively possess one vote at a general meeting.
Article 27. Except as otherwise provided in this Law or the articles of Association, the proceeding of a general meeting shall be determined by a majority of the votes of the assemblymen and special assemblymen present thereat. In cases where the votes have been equally divided, the President (gicho) shall have a second or casting vote.
Article 28. A resolution adopted by not less than two-thirds of the votes of the assemblymen and special assemblymen, who shall constitute not less than one-half of such persons as organize the general meeting shall be requisite for the following matters:
1. An alteration of the articles of Association;
2. The selection or removal from office of a Director or an Auditor;
3. The framing of the regulations for control or the alteration or abolition thereof.
The resolution of Item 1 of the preceding paragraph shall not take effect until after the approval of the appropriate administrative office has been obtained.
Article 29. Any assemblyman or special assemblyman may, if he considers that the procedure of convening a general meeting or the manner of adopting resolution thereat contravenes laws or ordinances or the articles of Association, demand the appropriate administrative office to annual such resolution, within one month from the day upon which that resolution has been adopted.
Article 30. There shall be an Advisory Committee of Forest Industry for the Japan Forest Industry Association.
An Advisory Committee of Forest Industry shall, in accordance with the articles of Association, be composed of such members as are selected by the Japan Forest Industry Association from among the following persons or organizations;
1. Officers who carry on the official duties of forest industry associations;
2. Officers who carry on the official duties of forest owners'co-operations;
3. Officers who carry on the official duties of forest products co-operations;
4. Persons who have close connection with forest industry or officers who carry on the official duties of their organizations;
5. Persons who have knowledge and experiences with respect to forest industry.
Article 31. The Japan Forest Industry Association may advise the Government with respect to the policies concerning the production, distribution, consumption and price of forest products.
In a case where the Japan Forest Industry Association advises as contemplated in the last preceding paragraph, it must do so after hearing the opinion of the Advisory Committee of Forest Industry.
Article 32. In a case where a forest industry association may carry the business of examination, it must have the examiners.
The approval of the appropriate administrative office must be obtained for the selection and removal from the office of the examiner.
The appropriate administrative office may, if it deems it necessary to do so, select, remove or frame the office of the examiner.
Such a forest industry association as is contemplated in Paragraph 1 shall from the regulations of the business of examiners and obtain the approval, concerning its regulations, of the appropriate administrative office.
Article 33. If a forest industry association carries on the business contemplated in Paragraph 2 of Article 4, it must frame the regulation for control.
A resolution at the general meeting shall be necessary for the framing of the regulations for control or the alteration or abolition thereof.
Article 34. A forest industry association may, in accordance with the provisions of the articles of Association, charge expenses on its members.
A forest industry association may, if it deems it necessary to do so, in accordance with the provisions of the articles of association, charge special expenses, in addition to the expenses contemplated in the preceding paragraph, on a part or the whole of its members.
Article 35. A forest industry association imposes a fine for default on any of its members who have contravened the articles of association or the regulation for control.
Article 36. The business year of a forest industry association shall be from April 1 to March 31 of the following year.
Article 37. A forest industry association which carries on the business contemplated in Item 2 of Paragraph 1 of Article 4, may, in accordance with the provisions of the articles of association, cause its members to make contribution.
Article 38. Each member of the contributed forest industry association shall posses one or more unit of contribution.
The amount of each unit of contribution must be equal.
Article 39. The liability of a member of the contributed forest industry association shall be limited to the amount of such contribution, except that he must bear expenses as provided in Article 34.
Article 40. No member may avail himself of a set-off against the contributed forest industry association in respect of the payment of contribution.
Article 41. No member of the contributed forest industry association may transfer his share without obtaining the assent of the forest industry association.
In case any person other than a member desires to acquire a share by transfer, he must take the same proceeding as in the case of admission.
Article 42. No member of the contributed forest industry association may hold a share in common with others.
Article 43. The contributed forest industry association may not acquire a share of its member or receive the same as the subject of a pledge.
Article 44. A contributed forest industry association must set aside as a reserve fund more than one-tenth of the surplus fund of each business year to such amount as shall be prescribed in the article of association.
The amount contemplated in the preceding paragraph of such reserve fund as shall be prescribed in the articles of association shall not be less than one-half of the total amount of contributions.
The reserve fund contemplated in Paragraph 1 may not be resorted to except in cases where it is to be appropriated for making up losses.
Article 45. A contributed forest industry association may not effect any distribution of surplus fund until after it has make up losses therewith and subtracted therefrom the reserve fund contemplated in Paragraph 1 of the preceding article.
Any restriction to the distribution of surplus fund shall be provided in oridinance.
Article 46. The contributed forest industry association may, in accordance with the provisions of the article of association, appropfiate such surplus fund as is to be distributed to any member who has not completed payment on his contribution for such payments.
Article 47. In calculating the surplus fund which is to be distributed to the members or the shares of the members, any fractional amount which may cause inconvenience to calculation in respect of such amount as is to be made the basis of a calculation may be omitted.
Article 48. In case a contributed forest industry has adopted a resolution for the reduction of the amount of a unit of contribution, it must prepare an inventory and a balance sheet within two weeks as from the day upon which such resolution has been adopted.
A contributed forest industry association must, within the period contemplated in the preceding paragraph, issue public notice as against its creditors to the effect that they shall raise objection, if any, within a certain period and also give peremptory notice to that effect as against each of such creditors as are known to it separately.
In the cases contemplated in the preceding paragraph, such period shall not be less than one month.
Article 49. If a creditor has failed to raise an objection within the period contemplated in Paragraph 2 of the preceding article, he shall be deemed to have approved the reduction of the amount of a unit of contribution.
If a creditor has raised an objection thereto, the forest industry association must effect performance or offer adequate security or else effect trust of adequate property with a trust company or a bank carrying on trust business, in order that such creditor may receive performance.
Article 50. A member may, in accordance with the provision of the articles of association, retire, upon obtaining the approval of his forest industry association, at the end of a business year, by giving a fixed period's notice.
The period of the notice contemplated in the preceding paragraph shall not exceed one year.
Article 51. A member shall retire by reason of any of the following events,
1. Disqualification for being a member;
2. Death (in the case of a juristic person, its dissolution);
3. Adjudication of bankruptcy;
4. Adjudication of incompetency;
Article 52. The cause of expulsion must be provided in the articles of association.
An expulsion shall be effected by a resolution adopted at a general meeting;it cannot, hoewver, be set up against a member expelled unless and until notice to that effect has been given to such member.
The provisions of Paragraph 1 of Article 28 shall apply with the necessary modifications to the resolution contemplated in the preccding paragraph.
Article 53. In a case where a member of the contributed forest industry association has ceased to be a member, he may, in accordance with the provisions of the articles of associations, demand the refundment of a part or the whole of his share.
The share contemplated in the preceding paragraph shall be determined in accordance with the assets of the said association as they stand at the end of the business year in which retirement has been effected.
Article 54. In a case where the contributed forest industry association cannot completely perform its obligations with its assets, calculating the share in accordance with the provision of Paragraph 2 of the preceding article the said association may demand, to a member who has ceased to be a member the payment of such an amount of loss as liable to him.
Article 55. The right to demand contemplated in the two preceding articles shall be extinguished by prescription, if it has not been exercised for two years.
Article 56. Until the member who has ceased to be a member complately performs his obligations to the contributed forest industry association, the same association may suspend the refundment of the share of the member.
Article 57. A member of the contributed forest industry association may, in accordance with the provisions of the articles of association, reduce the number of the units of contribution held by him.
The provisions of Articles 53 to 55 inclusive shall apply with the necessary modifications to the case contemplated in the preceding paragraph.
Article 58. The appropriate administrative office may give such order to, or effect such disposition against a forest industry association as may be requisite for the purpose of supervision.
Article 59. The appropriate administrative office may, if it deems it necessary to do so, order a forest industry association to submit a report on the condition of the business and may cause an official concerned to inspect personally at the office, place of business or any other place of the forest industry association and to examine the condition of its affairs or its books, papers and other articles:
Article 60. If it is difficult, owing to the condition of business or assets, for a forest industry association to carry on its business or a resolution, or an act of an officer, of a forest industry association has contravened any Law of Ordinance, any disposition effected under Laws or Ordinances or the articles of association or co-operation or has injured, or is likely to injure, public interests, the appropriate administrative office may rescind such resolution, or order the reelection of such officer, or suspend the business, or order the dissolution, of such forest industry association.
Article 61. A forest industry association shall be dissolved by reason of any of the following events:
1. A resolution adopted at a general meeting;
2. An order for dissolution as provided in the preceding article;
3. The reduction of the number of the members to a single one;
The provision of Paragraph 1 of Article 28 shall apply with the necessary modifications to the resolution adopted at a general meeting contemplated in Items 1 of the preceding paragraph.
Article 62. The liquidator must, without delay after he has assumed office, investigate the present state of the property of the forest industry association, make up an inventory and a balance sheet, determined the manner in which each property shall be disposed of, and submit the same at a general meeting for approval.
Article 63. The liquidator may not dispose of the property of the forest industry association unless after all or its obligatory duties have been performed.
Article 64. When the affairs of liquidation have been finished the liquidator must without delay, prepare a report of the final account and submit it at a general meeting for approval.
Article 65. The provisions of Paragraph 1 of Articles 44, 50, Paragraph 2 of Article 52, Articles 53 to 55 inclusive, Article 59, Paragraph 1 of Article 61, Articles 62, 64, 66, 70, 73 to 76 inclusive and Articles 78 to 83 inclusive of the Civil Code as well as of Paragraph 2 of Article 35, Article 36, Article 37 (2), Paragraphs 2 and 3 of Article 135 (25), Article 136, Paragraph 1 of Articles 137 and 138 of the Law concerning the Procedure of Non-contention Matters shall apply with the necessary modifications to a forest industry association.
Article 66. The object of a forest products co-operation is to strive voluntarily through mutual co-operation of the members, for the improvement and development of the business of the production and the sale of the forest products (hereinafter in this Law referred to as "forest producing industry" ), as well as for the increased production and the fair distribution of the forest products.
Article 67. A forest products co-operation may carry on the following business for the purpose of accomplishing the objects.
1. Institution relating to guidance and encouragement of the forest producing industry.
2. Business relating to processing, transporting, storing, or selling the forest products which members produce or sell.
3. Business relating to the supply of such good or the loaning of such fund as may be necessary for the business of its members.
4. In addition to the preceding two paragraphs, co-operative institutions necessary for the improvement and the development of the buisness of its members.
5. In addition to the above paragraphs, any of such business as may be necessary for the purpose of accomplishing the object of the co-operation.
In addition to the businesses contemplated in the last preceding paragraph, a forest products co-operation may carry on the following businesses;
1. Business relating to the allocation of the production and distribution of the forest products in accordance with the governmental instruction;
2. Business relating to the co-operation with the governmental policies concerning price control on forest products;
3. Business relating to the allocation of the necessary materials for the forest producing industry in accordance with the governmental instruction.
Article 68. A forest products co-operation shall be established in accordance with a kind of the business of the forest producing industry which its members may carry on, provided, that in a case where there exists any special circumstance, a forest products co-operation shall be established by two or more than two kinds of the business of the forest producing industry.
Article 69. In the name of a forest products co-operation there shall be used the term of "forest products co-operation."
No co-operation other than a forest products co-operation shall use any term of "forest products co-operation" in its name.
Article 70. No business tax shall be levied upon a forest products co-operation.
Article 71. Those persons who have qualification to be members of a forest products co-operation shall be persons as are specified a follows:
1. Persons who produce or sell forest products or any associations they organize;
2. Persons who carry on business having close connection with the forest producing industry or any associations they organize and are contemplated in the article of the forest products co-operation.
Article 72. In forming a forest products co-operation, promoters shall, giving a sphere beforehand, hold a constituent general meeting with the consent of more than two-thirds of such persons in the sphere concerned as are qualified for membership in Paragraph 1 of the precedng article and decide upon the articles of the co-operation and other matters requisite for formation and, obtain the approval of the appropriate administrative office, provided, that in a case where persons who have qualification to be members engage in two or more than two kinds of a forest producing industry, promoters shall obtain the consent of more than two-thirds of persons of respective kinds.
Article 73. A forest products co-operation which carries on the business contemplated in Items 2 to 4 inclusive of Paragraph 1 of Article 67, may, in accordance with the provisions of the articles of Association, cause its members to make contribution.
Article 74. Members shall respectively possess one vote at a general meeting of members, provided, that in such a forest products co-operation as causes, in accordance with the preceding article, its members to make contribution (hereafter in this Law referred to as "contributed forest products co-operation" ), a member may, in accordance with the provision of the article of Association, have two or more than two votes, which shall not exceed the three-tenths of the whole votes, in proportion to the amount of units of contribution.
Article 75. In a case where an alteration of the articles of Association has any bearing upon the expansion or limitation of the sphere, the consent of not less than two-thirds of such persons as are qualified for membership stated in the provisions of Item 1 of Article 71, according to the expansion of the sphere and the consent of not less than two-thirds of such persons are qualified for membership according to the limitation of the sphere shall be required besides the resolution contemplated in the provision of Paragraph 1 of Article 28.
Article 76. A forest products co-operation shall be dissolved by reason of any of the following events;
1. A resolution adopted at a general meeting;
2. An amalgamation of co-operations;
3. An order for dissolution as provided in Article 60 to which the provision of Article 82 shall apply with the necessary modifications;
4. The reduction of the number of the members to a single one;
The provision of Paragraph 1 of Article 28 shall apply with the necessary modifications to such resolution adopted at a general meeting as is contemplated in Item 1 of the preceding paragraph.
Article 77. If a forest products co-operation purports to effect amalgamation, a resolution of amalgamation must be adopted at a general meeting of members.
The provisions of Paragraph 1 of Article 28 shall apply with the necessary modifications to the resolution adopted at a general meeting of members contemplated in the preceding paragraph.
Article 78. The provisions of Articles 48 and 49 shall apply with the necessary modifications to the amalgamation of a contributed forest products co-operation.
Article 79. In order that a forest products co-operation may be organized in consequence of amalgamation, such persons as have been selected at the general meeting of the respective forest products co-operation shall jointly prepare the articles of co-operation select Directors and Auditors and decide upon, other matters which are requisite for organization.
The provisions of Paragraph 1 of Article 28 shall apply with the necessary modification to the selection at the general meeting of members contemplated in the preceding paragraph.
Article 80. The amalgamation of forest products co-operations shall take its effect when the forest products co-operation which continue to exist after the amalgamation or the forest products co-operation which comes into existence in consequence of amalgamation has effected the registration of alteration or organization in the locality in which its principal office is situated.
Article 81. The forest products co-operation which continues to exist after amalgamation or the forest products co-operation which comes into existence in consequence of amalgamation shall succeed to the rights and duties of the forest products co-operation which has ceased to exist in consequence of amalgamation (including such rights and duties as the last mentioned forest products co-operation possesses under the permission, approval or any other disposition effected by the appropriate administrative office, in respect of the businesses carried on thereby).
Article 82. The provision of Article 3, Article 7, Articles 11 to 21 inclusive, Articles 23 to 25 inclusive, Articles 27 to 29 inclusive, Articles 33 to 36 inclusive, Articles 38 to 60 inclusive and Articles 62 to 65 inclusive shall apply with the necessary modifications to the forest products co-operation, provided, that in Paragraph 1 of Article 24, for the reference to the assemblymen or special assemblymen there shall be substituted the reference to the members and for the reference to the full number of assemblymen and special assemblymen there shall be substituted the reference to the full number of members, and in Paragraph 1 of Article 33, for the reference to Paragraph 2 of Article 4 there shall be substituted the reference to Paragraph 2 of Article 67.
Article 83. A person who has refused, obstructed or evaded the examination as provided in Article 59 (including the case in which it is caused by the last preceding article to apply with the necessary modification), shall be liable to a fine not exceeding one thousand (1,000) yen.
Article 84. If a forest industry association or forest products co-operation has contravened this Law or any order issued under this Law or any disposition effected thereunder, the Directors liquidators or such person as performs the official duties of a Director as provided in Article 17 (including the case in which it is caused by Article 62 to apply with the necessary modifications) shall be liable to an administrative fine not exceeding five thousand (5,000) yen.
Article 85. A person who has contravened the provisions of Paragraph 2 of Article 6 or Paragraph 2 of Article 69 shall be liable to an administrative fine not exceeding one thousand (1,000) yen.
Supplementary Provisions:
Article 86. The date at which this Law comes into force shall be provided in an Imperial Ordinance with regard to the respective provisions.
Article 87. The Timber Control Law shall be deleted.
Article 88. The Japan Lumber Company or a local lumber company (except companies which have dissolved when the provision of the preceding article has not yet come into force) shall be dissolved at the time when the provision of the said article has come into effect.
In a case where a company has dissolved in accordance with the provision of the preceding paragraph, for "two months" in the provision of the proviso of Paragraph 1 of Article 421 of the Commercial Law there shall be substituted.
The necessary matters in addition to the matters in the provision of the preceding paragraph, concerning the liquidation of the said company, shall be provided in an Imperial Ordinance.
The provision of the preceding two paragraphs shall apply with the necessary modifications to the case where the Japan Lumber Company or a local lumber company is under the liquidation at the time when the last preceding article has come into operation.
Article 89. The provision of Articles 6, 7, 38 and the provision of the part concerning the contravention against the order of the provision of Article 6 in Articles 40 to 42 inclusive, of the Timber Control Law, remain effective for a period which is provided in the Imperial Ordinance even after the provision of Article 85 has come into effect.
Article 90. The application of penal regulations for the offences committed prior to the enforcement of the provision of Article 87 (in the case of the preceding article, for such a term as contemplated in the Imperial Ordinance of the said article shall be subject to the previous instances after the enforcement of the provision of Article 87 (in the case of the preceding article, after such a term as contemplated in the Imperial Ordinance of the said article).
Article 91. The Japan Forest Industry Association as a Corporate Juridical Person (which obtained the approval concerning the existence on May 31, 1945;this shall apply hereinafter in this Law to any case wherever the same expression arises) shall be dissolved as at the time when the Japan Forest Industry Association has come into existence and its rights and duties (inclusive of such rights and duties relating to its business as are possessed thereby under the permission, approval or any other disposition effected by the appropriate administrative office) shall be succeeded to by the Japan Forest Industry Association. In such case, the provisions relating to liquidation continued in other Law or Ordinances shall not apply to the Japan Forestry Association as a Corporate Juridical Person.
The Japan Forest Industry Association shall assume responsibility upon the payment of the liabilities succeeded to in accordance with the provision of the preceding paragraph within the limited amount of property caused by the succession.
Article 92. If, in a case where the Japan Forest Industry Association acquires rights and duties relating to an immovable by way of succession from the Japan Forest Industry Association as a Corporate Juridical Person in accordance with the preceding provision, it effects registration in respect of such acquisition, the amount of the registration tax therefor shall be four-thousandths of the value of such immoval;provided, that if the amount of registration tax as computed under the Law concerning Registration Tax is less than the amount of tax as computed in accordance with this provision, the former amount shall be adopted.
Article 93. The property which the Japan Forest Industry Association has acquired by way of succession from the Japan Forest Industry Association as a Corporate Juridical Person in accordance with the provision of Article 91 shall not be included in the profit, in so far the purpose of calculating the surplus fund as provided by the Law concerning Special Corporate Taxes is concerned.
Article 94. Such commercial co-operation which has come into existence in accordance with the Law of Commercial Co-operation and carries on the forest producing industry as specified by the appropriate administrative office (hereinafter in this Law referred to as "specified co-operation" ), shall be reorganized into a forest products co-operation, by the resolution of the general meeting in accordance with ordinance.
The provision of Article 12 shall apply with the necessary modification to the case provided in the preceding paragraph.
In a case where a forest products co-operation comes into existence in accordance with the provision of Article 12 which shall be applied to with the necessary modification contemplated in the preceding paragraph the specified co-operation shall be amalgamated into the forest products co-operation, and in such case its rights and duties of a specified co-operation (including such rights and duties relating to its business as are possessed thereby under the permission, approval or any other disposition effected by the appropriate administrative office) shall be succeeded by the forest products co-operation.
In accordance with the provisions of Article 12 which shall be applied to with necessary modification contemplated in Paragraph 2, when the specified co-operation has become a forest product co-operation, the contributions of the members of the specified co-operation shall be deemed as the contributions to the forest products co-operation concerned.
In the case of the preceding paragraph the right of pledge which exists on the share of the contribution to the specified co-operation shall be existed on the share of the contribution to the forest products co-operation.
To the case of Paragraph 3, the provisions of Article 92 shall apply with necessary modification.
Article 95. In a case where a specified co-operation has been reorganized into a forest products co-operation in accordance with the provision of Article 12 which shall be applied to with the necessary modification in the provision of Paragraph 2 of the preceding article, such specified co-operation shall be deemed to a special corporation which has been extinguished in consequence of amalgamation and such forest products co-operation a special corporation which has come into existence in consequence of amalgamation, in so far as the purpose of applying the Law concerning Income Taxes, the Law of Tax in Juristic Person, the Law concerning Extraordinary Profits Taxes and the Law of Tax in Special Juristic Person is concerned.
Article 96. The property which a forest products co-operation has acquire by way of succession from a specified co-operation with the provision of Paragraph 3 of Article 94 shall not be included in the profit, in so far the purpose of calculating income as provided by the Law of Tax in Juristic Person, profit as provided by the Law concerning Extraordinary Profits and the surplus fund as provided by the Law of Tax in Special Juristic Person is concerned.
Article 97. In the enforcement of the provisions of Article 6 or 69, a person who uses such letters in its name as contemplated in Paragraph 1 of Article 69 must alter its name within six months after the enforcement of the above articles.
The provisions of Article 85 shall not apply to a person contemplated in the above paragraph during the period contemplated in the above paragraph.
Article 98. A part of the provisions of the Forest Law shall be amended as follows.
The following two paragraphs shall be added to the provision of Article 62.
In addition to the businesses contemplated in the preceding paragraph, a forest products co-operation may carry on the following businesses;
1. Business relating to the allocation of the production and distribution of the forest products in accordance with the governmental instruction;
2. Business relating to the co-operation with the governmental policies concerning price control on the forest products;
3. Business relating to the allocation of the necessary materials for the forest producing industry in accordance with the governmental instruction.
A forest products co-operation if he carries on the business or businesses contemplated in the preceding paragraph, shall set up regulations on control in accordance with ordinance.
In Paragraph 2 of Article 70, "Paragraph 2 of Article 62" shall read "Paragraphs 2 and 3 of Article 62" and "supply of materials or" shall be added next to "necessary" in Item 2 of the same paragraph.
In Item 5 of Article 74, Paragraphs 3 and 4 of Article 64 "shall be added to before" Article 63."
Article 99. A part of the provisions of the Law of Tax in Special Juristic Person shall be amended as follows:
The following shall be added next to the provisions of Item 5-(2) of Article 2.
Item 5-(3). A Metropolitan, Do or prefectural forest industry association and Japan Forest Industry Association (Except these associations which shall not cause their members to make contributions).
Article 100. A part of the provisions of the registration tax law shall be amended as follows:
In the provisions of Item 7 of Article 19, "Forest Industry Association" shall be added next to "Fishing Industry Corporation" and "the Law Concerning Forest Industry Associations" shall be added next to "Fishing Industry Corporation Law."
Article 101. A part of the provisions of the Stamp-duty Law shall be amended as follows:
In the provisions of Item 12 of Paragraph 1 of Article 4, "Forest products co-operation, Forest industry association" shall be added next to "Silk Manufacturing Co-operation."
Article 102. A part of the provisions of the Law of the Co-operative Central Bank of Agriculture and Forestry shall be amended as follows:
In the provisions of Paragraph 1 of Article 5, "Forest Industry Association, Forest Products Co-operation" shall be added next to "Forest Association."
Article 103. Except the provisions of this Law, any necessary provisions for the enforcement of this Law, shall be decided by the Imperial Ordinance.