法令番号: 法律第109号
公布年月日: 昭和22年9月20日
法令の形式: 法律

審議経過

I hereby promulgate the Law concerning the Transfer, etc., of the Insurance Business of the Central Life Insurance Corporation and the Central Non-life Insurance Corporation.
Signed:HIROHITO, Seal of the Emperor
This twentieth day of the ninth month of the twenty-second year of Showa (September 20, 1947)
Prime Minister　KATAYAMA Tetsu
Law No.109
Article 1.　The rights and obligations held by the Central Life Insurance Corporation in connection with its insurance business shall be succeeded by the Kyoei Life Insurance Company, Ltd., on the day of enforcement of this Law on the term stipulated by the competent Minister.
In case the Kyoei Life Insurance Company, Ltd., has a claim or claims upon the Central Life Insurance Corporation, succeeding to the rights and obligations in accordance with the provisions of the preceding paragraph, the repayment of the liabilities concerning the insurance contracts, cancellation of the insurance contracts, reduction of the amount of insurance or alterations of the other insurance terms, or granting of a loan based on the insurance contracts which previously belonged to the old account (meaning the old account established in accordance with the provisions of Paragraph 1, Article 1 of the Law concerning the Emergency Measures for Financial Institutions Account) of the Central Life Insurance Corporation, cannot be made until the Company has received settlement of the entire amount of its claims.
Article 2.　When the Kyoei Life Insurance Company, Ltd., has sustained a loss or losses from the rights and obligations concerned with the contracts of the war death and accident insurance and the contracts of reinsurance of the war risks (meaning death caused by war or other disturbances;the same shall apply hereunder) involved in the life insurance which the Company has acquired by succession from the Central Life Insurance Corporation in accordance with the provisions of Paragraph 1 of the preceding Article, the Government will indemnify the Kyoei Life Insurance Company, Ltd., for the loss or losses sustained.
When the Kyoei Life Insurance Company, Ltd., has derived a profit from the business of the preceding paragraph, the amount of profit must be delivered up to the Government.
In the cases of the preceding two paragraphs, the necessary matters concerning the standard for determining loss or profit, the indemnification for the loss and the delivery of the amount of the profit and others shall be fixed by the competent Minister.
Article 3.　The rights and obligations held by the Central Non-life Insurance Corporation in connection with its insurance business shall be succeeded by the Toa Fire and Marine Insurance Company, Ltd., on the day of enforcement of this Law on the terms stipulated by the competent Minister.
Article 4.　When the Toa Fire and Marine Insurance Company, Ltd., has sustained a loss or losses from the business based on the rights and obligations which the Company has acquired by succession from the Central Non-life Insurance Corporation in accordance with the provisions of the preceding Article, the Government will indemnify the Toa Fire and Marine Insurance Company, Ltd., for the loss or losses sustained.
When the Toa Fire and Marine Insurance Company, Ltd., has derived a profit from the business of the preceding paragraph, the amount of the profit must be delivered up to the Government.
The provisions of the preceding two paragraphs shall apply mutatis mutandis to the insurance companies which succeeded the rights and obligations from the Toa Fire and Marine Insurance Company. Ltd., in connection with the business stipulated in the First paragraph, according to the provisions of Paragraph 2 of Article 26, Paragraph 1 of Article 40 or Paragraph 1 or 2 of Article 41 of the Financial Institution Reconstruction and Adjustment Law.
The provisions of Paragraph 3 of Article 2 shall apply mutatis mutandis to the cases of the preceding three paragraphs.
Article 5.　The Kyoei Insurance Company, Ltd. must administer and keep accounts, separate and distinct, of the revenues and disbursements based on the insurance business carried on in pursuance of the former Law concerning war death and accident insurance;of the revenues and disbursements based on the business concerning reinsurance of war risks involved in the life insurance contracts;and of the properties in connection with the business concerning insurance contracts formerly contracted with the Allied insurance companies as insurers;and also of the revenues and disbursements based on the business concerned.
The Toa Fire and Marine Insurance Company, Ltd. and the insurance companies stipulated in Paragraph 3 of the preceding Article must administer and keep accounts, separate and distinct, of the revenues and disbursements based on the business of Paragraph 1 of the preceding Article.
Article 6.　No Stamp Duty shall be levied on the documents concerning the business provided in Paragraph 1 of Article 4 of the Toa Fire and Marine Insurance Company, Ltd. and the insurance companies stipulated in Paragraph 3 of the same Article.
Article 7.　With respect to the calculation of incomes under Corporation Tax Law and net profit on which the business is to be imposed by the Local Tax Law, the following amounts shall be deducted from the gross profits of each account:i. e., of the Kyoei Life Insurance Company, Ltd., the revenues based on the business of insurance in accordance with the former Law concerning war death and accident insurance;the revenues based on the business of reinsurance of war risks involved in the life insurance, as well as the indemnity received from the Government for losses sustained from this business;and of the Toa Fire and Marine Insurance Company, Ltd. and the insurance companies stipulated in Paragraph 3 of Article 4, the revenues based on the business of Paragraph 1 of the same Article, as well as the indemnity received from the Government for losses sustained from the business concerned;and, on the contrary, the following amounts shall be reducted from the gross losses of each account:i. e., of the Kyoei Life Insurance Company, Ltd., the disbursements based on the business of insurance in accordance with the former Law concerning war death and accident insurance, the disbursements based on the business of reinsurance of war risks involved in the life insurance, as well as the payment to the Government as to the profit due to the business concerned;and of the Toa Fire and Marine Insurance Company, Ltd., and the insurance companies stipulated in Paragraph 3 of Article 4, the disbursements based on the business of Paragraph I of the same Article, as well as the payment to the Government as to the profit due to the business concerned.
Article 8.　In case the Central Life Insurance Corporation and the Central Non-life Insurance Corporation transfer the securities in their possession in accordance with the provisions of Paragraph 1 of Article 1 and Article 3, the Securities Transfer Tax shall not be levied.
Article 9.　The Central Life Insurance Corporation and the Central Non-life Insurance Corporation are to be dissolved on the day the competent Minister designates.
The Central Life Insurance Corporation and Central Non-life Insurance Corporation shall be regarded as exist after the date specified by the competent Minister concerned by virtue of the provisions of preceding paragraph in the scope of objects of liquidation, and until its conclusion.
Necessary matters relating to the First paragraph and those not provided in the preceding paragraph shall be provided by Cabinet Orders.
Supplementary Provision:
The present Law shall come into force as from the day of its promulgation. However, the provisions of Second paragraph of the Supplementary Provisions shall come into force as from the date specified by the competent Minister concerned in accordance with the provisions of Paragraph 1 of Article 9.
The Central Association of Life Insurance Corporation Law and the Central Non-life Insurance Corporation Law shall be abolished. However, for applications of penalties against acts done before the abolishment of these two Laws and during the existence of these central corporations the Laws are effective.
Minister for Home Affairs　KIMURA Kozaemon
Minister of Finance　KURUSU Takeo
Prime Minister　KATAYAMA Tetsu