I hereby give My Sanction to the Imperial Ordinance concerning the enforcement for the Forest Industry Association Law and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This thirtieth day of the tenth month of the twenty-first year of Showa (October 30, 1946)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Justice KIMURA Tokutaro
Minister of Agriculture and Forestry WADA Hiroo
Imperial Ordinance No. 508
The Ordinance concerning the Enforcement of the Forest Industry Association Law.
Article 1. The formation of the Forest Industry Association must within two weeks from the date of the approval of its formation, effect registration at the seat of its principal office.
The registration of the formation of the Forest Industry Association shall contain the following particulars:
5. The full name and permanent residence of each director and auditor;
6. The method of public notice;
7. In a case of a contributed Forest Industry Association, the total number of units of the share, the amount of each unit of the share and the manner of payment thereon;
The Forest Industry Association shall register the particulars mentioned in the preceding paragraph at the seat of the branch office within two weeks after the registration of the establishment has been effected.
Article 2. If a branch office has been established after the Forest Industry Association has come into existence, the fact of the establishment of such branch offices shall be registered at the seat of the principal office within two weeks, and the matters mentioned in the para. 2 of the preceding Article, shall be registered at the seat of such branch office within three weeks, and at the seat of all other branch offices the fact of the establishment of such branch office shall be registered within the same period.
If a new branch office has been established within the jurisdiotion of a Registry governing the principal or another branch office, it shall be sufficient simply to register the fact of the establishment of such branch office.
Article 3. In cases where the Forest Industry Association has removed its principal office, the fact of removal shall be registered at the former seat within two weeks, and the particulars mentioned in Art. 1 para. 2 shall be registered at the new seat within three weeks, and in cases where any branch office has been removed, registration of the removal shall be effected within three weeks at the former seat and the particulars mentioned in Art. 1 par. 2 shall be registered within four weeks at the new seat.
In cases where the principal or branch office has been removed from one place to another within the jurisdiction of the same Registry, it shall be sufficient simply to register the fact of removal.
Article 4. In cases where any alteration has occurred in any of the particulars mentioned in Art. 1 par. 2, registration of such alteration shall be effected within two weeks at the seat of the principal office and within three weeks at the seat of the branch office.
But registration for the alteration in the total number of shares shall be effected within four weeks after the termination of each business year at the seat of the principal office and within five weeks after the termination of each business year at the seat of the branch office.
Article 5. Upon dissolution of the Forest Industry Association except a case of dissolution by bankruptcy, the registration for the dissolution shall be effected within two weeks at the seat of the principal office and within three weeks at the seat of the branch office.
Article 6. After the liquidators have assumed office, the Forest Industry Association shall register the full name and the permanent residence of each of the liquidators within two weeks at the seat of the principal office and within three weeks at the seat of each branch office.
To the registration mentioned in the preceding paragraph, Art. 4, par. 1 shall apply with the necessary modifications.
Article 7. When the liquidation of the Forest Industry Association has been completed, the liquidator shall effect registration thereof within two weeks at the seat of the principal office and within three weeks at the seat of each branch office.
Article 8. Registration of the Forest Industry Association shall be effected at the governing District Court or its branch office within the district.
Each Registry shall keep on hand a registration book of the Forest Industry Association.
Article 9. The registration of the establishment of the Forest Industry Association shall be effected upon the application by all of the directors and auditors.
Together with the application for registration mentioned in the preceding paragraph, the Articles of Association, documents certifying the appointment of directors and auditors and the total number of shares and that the first payment has been effected, shall be required.
Article 10. The registration provided for in Art. 1, par. 3 shall be effected upon the application by the directors.
Article 11. The registration of the establishment of the new office of the Forest Industry Association, or the removal of the office and other alterations in the particulars stated in Art. 1 par. 2 shall be effected upon the application by the director or the liquidator.
To the written application for registration referred to in the preceding paragraph, the attachment of a document certifying the establishment of the new office or the alteration in particulars requiring registration, shall be required.
Article 12. The registration of the dissolution shall be effected upon the application by the liquidators, except the case provided for in par. 3.
To the written application mentioned in the preceding paragraph the attachment of a document certifying the reasons for the dissolution shall be required.
In case where the Forest Industry Association has been ordered to dissolve by the Minister of Agriculture and Forestry, the registration of the dissolution, shall be effected by the commission of the Minister of Agriculture and Forestry.
Article 13. The registration provided for in Art. 6 shall be effected upon the application of the liquidators.
To the written application for registration referred to in Art. 6 par. 1, in case the director is not the liquidator, the attachment of a document certifying the qualification of the liquidator, shall be required.
To the written application of registration referred to in Art. 6 par. 2, the attachment of a document certifying the alteratios in the particulars requiring registration, shall be required.
Article 14. The registration of the completion of the liquidation of the Forest Industry Association shall be effected upon the application of the liquidators.
The written application for the registration mentioned in the preceding paragraph shall require a document certifying the approval provided in Art. 64 of the Forest Industry Association Law.
Article 15. In regards to the particulars requiring registration and approval of the appropriate administrative authorities, the period of registration shall be counted from the day of arrival of the written approval.
Article 16. Public notice of matters registered shall be given by the Court without delay.
Article 17. The provisions of Art. 142 to Art. 151-VI and Arts. 154 to 157 of the Non-Contentions Procedure Law (Hisho Jiken Tetsuzuki Ho) shall apply with the necessary modifications to the registration of the Forest Industry Association.
Article 18. After the adjournment of an initial general meeting of a contributed forest industry association a person who shall be a member shall be required to effect the first payment of the share without delay.
Article 19. When the forest products co-operations have amalgamated, as regards the co-operation which continues to exist after the amalgamation, the registration of alteration: as regards the co-operation which ceases to exist in consequence of the amalgamation, the registration of dissolution; as regards the co-operation which has come into existence in consequence of the amalgamation, the registrations of the particulars prescribed in Art. 1 par. 2, item 1-6, and in case of the contributed forest products co-operation the total number of the share, the amount of each unit of the share and the manner of payment thereon shall be effected within two weeks at the seat of the principal office and within three weeks at the seat of the branch office.
Article 20. The registration of the dissolution provided in the preceding Article shall be effected upon the application of the director of the forest Products co-operation which ceases to exist in consequence of the amalgamation.
To the written application for registration referred to in the preceding paragraph, the attachment of a document certifying the reasons for the dissolution shall be required
Article 21. To the forest products co-operations, the provisions of Art. 1-Art. 18 shall apply with the necessary modifications, provided, however, that in Art. 5 for the reference to "bankruptcy" there shall be substituted the reference to "amalgamation and bankruptcy," and in Art. 8 par. 2 for the reference to "a registration book of the Forest Industry Association," there shall be substituted the reference to "a registration book of the forest products co-operation," and in Art. 12 par. 3 for the reference to "the Minister of Agriculture and Forestry," there shall be substituted the reference to, in regards a case of a forest products co-operation whose sphere shall not extend to more than one prefecture, "the competent local governor" and in Art. 17 for the reference to "Article 142," there shall be substituted the reference to "Article 141."
Article 22. For the reference to the appropriate administrative office provided in Art. 10 of the Forest Industry Association Law, there shall be substituted the reference to the Minister of Agriculture and Forestry.
For the reference to the appropriate administrative office or the competent authorities in Art. 17 par. 2, Art 28 par. 2, Art. 29, Art. 32, par. 2-4 of the Forest Industry Association Law and in Art. 59 and Art. 83 of Civil Code which shall apply with the necessary modifications in Art. 65 of the Forest Industry Association Law, there shall be substituted the reference to, as regards the Japan Forest Industry Association, the Minister of Agriculture and Forestry, and, as regards prefectural forest industry lassociations, the competent local governor.
For the reference to the appropriate administrative office provided in Art. 58-60 of the Forest Industry Association Law, there shall be substituted the reference to, as regards the Japan Forest Industry Association, the Minister of Agriculture and Forestry, and, as regards prefectural forest industry associations, the Minister of Agriculture and Forestry or the competent local governor. But the order of the dissolution of the Forest Industry Association provided in Art. 60 of the Forest Industry Association Law, shall be given by the Minister of Agriculture and Forsetry.
For the reference to the appropriate adminstrative office provided in Art. 72, Art. 77 par. 3 and Art- 17 par. 2, Art. 28 par., 2 Art. 29 which shall apply with the necessary modifications in Art. 82 of the Forest Industry Association Law there shall be substituted the reference to, in regards the case of a forest product co-operation whose sphere shall extend to more than two prefectures, the Minister of Agriculture and Forestry, and in regards the case of other forest products co-operation, the competent local governor.
For the reference to the appropriate administrative office provided in Arts. 58-60 which shall apply with the necessary modifications in Article 82 of the Forest Industry Association Law there shall be substituted the reference to the Minister of Agriculture and Forestry or the competent local governor. But in regards the case of a forest products cooperation whose sphere shall extend to more than two prefectures, for the reference to the appropriate administrative office, there shall be substituted the reference to the Minister of Agriculture and Forestry.
Supplementary provisions:
Article 23. This Imperial Ordinance shall come into force as from the enforcement day of the Forest Industry Association Law.
Article 24. The Ordinance of the enforcement for the Timber Control Law shall be rescinded.
Article 25. A part of the provisions of the forest owners' co operation Ordinance shall be amended as follows.
Article 22-II. The provisions of Art. 21 par. 1 shall apply, with the necessary modifications, to the resolution on the formation, alteration, cancellation of the control regulations provided in Art. 62 par. 4 of the Forest Law.
Article 26. In case of the liquidation of the Japan Lumber Company and a local lumber company, the president and the vice-president shall become liquidators provided, however, that other persons have been appointed at a general meeting.
In the case of the proviso to the preceding paragraph liquidators shall not exceed to 5 persons.
In case of no liquidators or vacancies of liquidators, provided in the preceding paragraph, the Minister of Agriculture and Forestry in case of the Japan Lumber Company, or the competent local governor in case of a local lumber company, may appoint the liquidators.
The provisions of par. 1 shall not apply to the Japan Lumber Company or a local lumber company which is under the liquidation at the time when the Art. 87 of the Forest Industry Association Law has come into operation.
Article 27. In regards to the liquidation and the method of disposal of the property, the liquidators shall receive the santion of the Minister of Agriculture and Forestry in case of the Japan Lumber Company, or of the competent local governor in case of a local lumber company.
The Minister of Agriculture and Forestry may order to the liquidator of the Japan Lumber Company or of a local lumber company and the competent local governor may order to the liquidator of a local lumber company, necessary matters for the liquidation and the method of disposal of the property, or he may remove the liquidators.
Article 28. Upon completion of the liquidation, the liquidators, shall present the books of the company and the important documents concerning the business and the liquidation to the Minister of Agriculture and Forestry.
The books and the documents presented as provided in the preceding paragraph shall be kept by the Minister of Agriculture and Forestry.
Article 29. In regards to the liquidation of the Japan Lumber Company and a local lumber company, in Art. 418, Art. 419 par. 2, Art. 423 par. 2 and Art. 426 par. 1 of the Commercial Law, for the reference to "the Court," there shall be substituted the referenc to "the Minister of Agriculture and Forestry," in case of the Japan Lumber Company, or "the competent local governor," in case of a local lumber company.
Article 30. The period provided in Art. 89 of the Forest Industry Association Law shall be from the day of the enforcement of Art. 87 of the Law to April. 1, 1948.
Article 31. The provisions of Art. 14 and Art. 5 of the Ordinance for the enforcement of the Timber Control Law, shall remain effective for a period only provided in the preceding Article, regardless of the provisions of Art. 24.
Article 32. The Japan Forest Industry Association shall prepare an inventory on the property which has been acquired by way of succession in accordance with the provisions of Art. 91 of the Forest Industry Association Law within two months from the time of succession and shall present it to the Minister of Agriculure and Forestry for approval.
On the inventory mentioned in the preceding paragraph, the statement of such property as personal property, seal estate, claims, and other property together with their respective value shall be required.
The value shall be in accord with the value at the time of succession as provided in Art. 91 of the Forest Industry Association Law.
The Minister of Agriculture and Forestry, if he shall effect his approval as provided in par. 1, shall ask for the opinions of judges whom he shall appoint.
Article 33. The provisions of Arts. 645, 646, 650 pars. 1 and 2, and Art. 1028 par. 1 of Civil Code, shall apply with the necessary modifications to the management of the property succeeded to in accordance with the provision of Art. 91 of the Forest Industry Association Law.
Article 34. The Japan Forest Industry Association shall, within one week after the succession of rights and duties as contemplated in the provisions of Art. 91 of the Forest Industry Association Law, give public notices to all obligees of the Japan Forest Association as a corporate juridical person at the time of succession as provided in the same Article to the effect that they are called upon to present their claims within two months.
The provisions of Art. 79 pars. 2 and 3 of the Civil Code, shall apply with the necessary modifications to the preceding paragraph.
Article 35. The Japan Forest Industry Association may refuse performance to obligees mentioned in par. 1 of the preceding Article until the expiration of the period mentioned in the same paragraph.
Article 36. Upon the expiration of the period mentioned in Art. 34 par. 1, the Japan Forest Industry Association shall effect performance to those obligees who have presented their claims within such period and to all other obligees known to him, at the limit of the value of the property mentioned in the inventory which has been approved as provided in Art. 32, in proportion to the amount of their respective obligations, but the rights of obligees who have priority may not be prejudiced thereby.
Article 37. The Japan Forest Industry Association shall perform in accordance with the provisions of the preceding Article even those obligations which are not yet due.
Conditional obligations and obligations of uncertain duration or value shall be performed according to the valuation of the judges who shall be appointed by the Minister of Agriculture and Forestry.
Article 38. If the Japan Forest Industry Association has neglected to give the public notice as prescribed in Art. 34 par. 1 or the peremptory notice as prescribed in Art. 79 par. 3 of the Civil Code which shall apply with the necessary modifications in Art. 34, par. 2, or has effected performance to some obligees within the period to present their claims mentioned in Art. 34 par. 1 and in consequence has become unable to effect performance to the other obligees, he shall be bound to make compensation for any damage arising therefrom.
The same shall apply where performance has been effected in contravention of any of the provisions of Art. 36 or 37. The provisions of the preceding paragraph shall not prejudice the right of the other obligees to demand reimbursement from such obligees as have improperly received performance with knowledge of the circumstances.
The provisions of Art. 1036, par. 3 of the Civil Code, shall also apply in the cases of the preceding two paragraphs with the necessary modifications.
Article 39. Obligees who have failed to present their claims within the period mentioned in Art. 34 par. 1 and who are unknown to the Japan Forest Industry Association, can exercise their rights at the limit of the balance which has been carred by the deduction of the amount of performance which has been effected as provided in Art. 36 and 37 from the value of the property mentioned in the inventory which has been approved as provided in Art. 32, except those who have special securities in respect of the property succeeded to as prescribed in the provisions of Art. 91 of the Forest Industry Association Law.
Article 40. In regards to the application of the provisions of Art. 94 of the Forest Industry Association Law, such commercial cooperation which has come into existence in accordance with the Law of Commercial Co-operation and carries on the forest producing industry and has been deemed as commercial co-operative association which has come into existence in accordance with the Law of Commercial Co-operative Association, shall be deemed as a commercial co-operation.
Article 41. In case where a specified co-operation mentioned in Art. 94 par. 1 of the Forest Industry Association Law has been approved in accordance with ordinance, the registration of the particulars mentioned in Art. 1 par. 2, items 1-6 and as regards a contributed forest products co-operation, of the total number of the share, the amount of each unit of the share and the manner of its payment shall be effected at the seat of the principal office within two weeks.
The provisions of Art. 1 par. 3 and Art. 9, shall apply with the necessary modifications to the registration mentioned in the preceding paragraph.
Article 42. To the written application for registration referred to in the preceding Article, except the registration at the seat of the principal office of the specified co-operation concerned, the attach ment of a copy of a registration book of the spe cified co-operation concerned shall be required.
Article 43. When the registration as contemplated in the provisions of Art. 41 par. 1, has been effected a Registry at the seat of the principal office of the specified co-operation mentioned in Art. 94 par.1 of the Forest Industry Association Law, the registration officer with his official right, shall state the reason in the registration paper of the specified co-operation concerned and close the same.
When the registration as contemplated in the provisions of Art. 41 par. 1 has been effected, except the case mentioned in the preceding paragraph, the registration officer shall notify the matter to the Registry at the seat of the principal office of the specified co-operation concerned.
The provisions of par. 1, shall apply with the necessary modifications to the case where the notice mentioned in the preceding paragraph has been received.
Article 44. In case where the procedure mentioned in the preceding Art. par. 1 or 3 has been effected, the registration officer shall notify the matter to the Registry at the seat of the branch office of the specified co-operation concerned.
The provisions of the preceding Art. par. 1 shall apply with the necessary modifications to the case where the notice mentioned in the preceding paragraph has been received.
Article 45. In Art. 94, par. 1 of the Forest Industry Association Law, for the reference to the appropriate administrative office, there shall be substituted the reference to in regards the case of a commercial co-operation whose sphere shall extend to more than two prefectures, the Minister of Agriculture and Forestry and in regards the case of other commercial co-operation, the competent local governor.