法令番号: 法律第204号
公布年月日: 昭和22年12月18日
法令の形式: 法律

審議経過

I hereby promulgate the Law concerning the Partial Amendments to the Holding Companies Liquidation Commission Ordinance.
Signed:HIROHITO, Seal of the Emperor
This eighteenth day of the twelfth month of the twenty-second year of Showa (December 18, 1947)
Prime Minister　KATAYAMA Tetsu
Law No.204
The Holding Company Liquidation Commission Ordinance shall be partially amended as follows:
In Article 1 Paragraph 1, "and eliminate the excessive concentration of economic power pursuant to the Elimination of Excessive Concentration of Economic Power Law which forms the basis for the reconstruction of a democratic and healthy national economy" shall be added next to "shall over enterprises dy designated persons" and the following paragraph shall be added to the same Article.
The Commission shall be a public agency and be under the supervision of the Prime Minister.
In Article 3 Item 5, "Executive Commissioners and Auditing Commissioners" shall read "and Executive Commissioners."
In Article 5 Paragraph 3, "Executive Commissioners or Auditing Commissioners" shall read "or Executive Commisioners," and Paragraphs 4 and 5 of the same Article shall be deleted.
In Article 6 Paragraphs 1 and 2, "Executive Commissioners and Auditing Commissioners" shall be corrected into "and Executive Commissioners," and in Paragraph 3 of the same Article, "Auditing Commissioners" and "two (2) years," shall be deleted.
Paragraphs 4 and 7 of the same Article shall be deleted.
In Article 9 Paragraph 1 Item 8 shall be Item 10, and the following two items shall be added next to Item 7.
8.　Designate excessive concentration of economic power pursuant to the regulations of Article 3 of the Elimination of Excessive Concentration of Economic Power Law.
9.　Take measures necessary for the elimination of excessive concentration of economic power pursuant to the regulations of Article 7 of the Elimination of Excessive Concentration of Economic Power Law.
In Article 9 Paragraph 2, "Item 8" shall read "Item 10" and the following paragraph be added to the same Article.
Decisions in the meeting in the preceding paragraph shall be made in closed session.
Article 10-(2) shall be deleted.
Article 21.　The Commission shall collect fees from Holding Companies, Designated Persons, and persons who have transferred their properties to the Commission under the regulations in Item 5 of Paragraph 2 of Article 7 of the Elimination of Excessive Concentration of Economic Power Law.
Fees in the preceding paragraph shall be deducted from the income accruing from transferred properties or properties which the Commission received under the regulations in Item 5 of Paragraph 2 of Article 7 of the Elimination of Excessive Concentration of Economic Power Law, and the amount resulting from disposal of such properties.
The Commission shall collect fees in cases companies or persons other than Holding Companies and Designated Persons mandate to the Commission the exercise of voting rights attached to their respective stocks or partnership shares held by them.
The Commission shall establish and make public regulations in regard to the collection of fees prescribed in Paragraph 1 and the preceding paragraph.
Article 22.　Expenditures of the Commission necessary for the execution of the business in Paragraph 1 of Article 9 shall be defrayed with the fees collected by the Commission in accordance with Paragraphs 1 and 3 of the preceding Article and accessory miscellaneous incomes, and also from amount which shall be delivered the Commission from the Government Treasury as prescribed in each Fiscal Budget.
Article 23.　The accounting of the Commission shall be subject to the audit of the Board of Audit.
The fiscal year of the Commission shall be divided into two periods, namely, the first and second period, and within three (3) months after the close of each period the Commission shall submit to the Prime Minister and the Board of Audit an Income and Expenditure Statement for the Commission, and an Inventory and an Income and Expenditure Statement concerning transferred properties and properties received under the provisions of Item 5 of Paragraph 2 of Article 7 of the Elimination of Excessive Concentration of Economic Power Law for each period.
The Board of Audit shall submit to the Prime Minister and the Chairman a statement concerning the result of auditing.
Unless objection is made by the Board of Audit in accordance with the preceding paragraph to the accounts for each competent period of the Commission within six (6) months after presentation of the documents in Paragraph 2, the responsibilities of the Chairman and Executive Commissioners who are in charge of the accounts of the Commission shall be considered relieved, except in case of illegitimate acts of those Chairman and Executive Commissioners.
The Chairman shall keep in the principal office of the Commission a copy of the document, in which the statement of the Board of Audit prescribed in Paragraph 3 shall be described, for inspection by any interested persons.
The Prime Minister shall compile the documents of Paragraph 2 for each fiscal year of the Commission and attach the Statement of the Board of Audit prescribed in Paragraph 3 and submit such documents to the Ordinary Session of the Diet of the year following such fiscal year of the Commission.
Article 24.　The Prime Minister may, at any time, request the Commission to submit a report of the business of the Commission.
In Article 25, "Executive Commissioner or Auditing Commissioners" shall read "or Executive Commissioner," and "subject to the approval of the Supervising Committee," shall be deleted.
In Article 29 Paragraph 3, "The Holding Companies" shall read "the Holding Companies prescribed by separate ordinance," and in Paragraph 4 of the same Article "the preceding paragraph" and "the Holding Companies" shall read "in the same paragraph" and "the Holding Companies prescribed in the preceding paragraph," respectively.
Article 30.　Deleted.
In Article 35 Paragraph 1, "Article 21" shall read "Article 23 Paragraph 2," "second paragraph of Article 23" shall read "Article 24" and "In case an Examiner failed to submit reports or submitted untrue reports in contravention of the provisions of the first paragraph of Article 23, be shall be subject to the same penalty as provided in the preceding paragraph of this Article" shall be deleted.
Paragraph 2 of the same Article shall be deleted.
In Article 36, "from Article 32 to Article 35" shall read "the preceding five (5) Articles."
Article 36-(2).　Should the Commissioners, Chairman, Executive Commissioners or personnel of the Commission or persons who have held such positions in the Commission divulge or make surreptitious use of secrets of juridical persons, organizations or individuals, which they learned from their duty, they shall be subject to a penal servitude for not more than one (1) year or a fine of not more than five thousand yen (\5,000.00).
In Article 37, "reports as provided for in Article 24" shall read "the document of Paragraph 5 of Article 23."
Supplementary Provisions:
The present Law shall come into force as from the day of its promulgation.
The Commissioners and the Executive Commissioners of the Holding Company Liquidation Commission who are in service at the time of enforcement of the present Law and whose period of service expires before December 31, 1948 shall extend their term until said date, notwithstanding the provisions of Paragraph 3 of Article 5 and Paragraph 3 of Article 6 of the Holding Company Liquidation Commission Ordinance.
The Holding Company Liquidation Commission shall prepare an Income and Expenditure Statement for the Commission and an Inventory and an Income and Expenditure Statement concerning transferred properties for the term from April 1, 1947 to September 30, of the same year and submit the same to the Prime Minister within three (3) months from the date of enforcement of the present Law.
The Holding Company Liquidation Commission shall within the period of time as prescribed by the preceding paragraph, submit to the Board of Audit for auditing such documents as prescribed by preceding paragraph, and an Income and Expenditure Statement for the Commission and an Inventory and an Income and Expenditure Statement concerning transferred properties in the fiscal 1946-47 year of the Commission as prescribed by the provisions of Article 21 of the old Commission Ordinance.
The provisions of Paragraphs 3, 5 and 6 of Article 23 and Article 37 of the revised Commission Ordinance shall apply mutatis mutandis to the case of the preceding paragraph.
In case the Holding Company Liquidation Commission, in violation of the regulations of Paragraph 3 or 4 fails to submit such documents or submits documents with falsified entries, the violating Chairman and Executive Commissioners of the Holding Company Liquidation Commission shall be subject to penal servitude for not more than one (1) year or a fine of not more than ten thousand yen (\10,000.00).
In accordance with circumstances, penal servitude and fine shall jointly be imposed upon such persons who have committed such offences as prescribed by the preceding paragraph.
The provisions of Article 30 of the old Commission Ordinance shall still be effective after the enactment of the present Law in relation to the ordinance which had been already issued according to the provisions of the same Article.
The provisions of Article 35 of the old Commission Ordinance shall still be effective as far as imposition of penalties upon such persons who have committed such offences as prescribed by the same Article before the enactment of the present Law is concerned.
The Imperial Ordinance No.567, 1946 (re:Ordinance Concerning Restriction of Securities Holdings etc. by Companies) shall be partially amended as follows:
In Article 9 Paragraphs 2, 9, after "stocks issued by companies as may be designated by a separate Ordinance and" shall be added next to "with regard to."
Minister of Finance　KURUSU Takeo
Minister of Justice　SUZUKI Yoshio
Prime Minister　KATAYAMA Tetsu