法令番号: 法律第211号
公布年月日: 昭和22年12月19日
法令の形式: 法律
I hereby promulgate the Law concerning the partial amendments of the Financial Institution Reconstruction and Reorganization Law.
Signed:HIROHITO, Seal of the Emperor
This nineteenth day of the twelfth month of the twenty-second year of Showa (December 19, 1947)
Prime Minister KATAYAMA Tetsu
Law No.211
A part of the Financial Institutions Reconstruction and Reorganization Law shall be amended as follows:
Article 42-(2). The financial institutions, transferring whole or part of business or insurance contract belonging to the new accounts (hereinafter referred to as the assignor financial institutions) to another financial institutions (hereinafter referred to as the assignee financial institutions) pursuant to the provisions of Art.26, Par.2, Art.40, Par.1 or Art.41, Par.1, shall not pay retirement allowances, notwith standing the provisions of laws, orders, articles of incorporation or contracts, to officers or employees who retire from service (hereinafter referred to as the retired) on or after the day when the approval of Art.27, Par.1 is given as to the assignor financial institutions to which the provision of Art.26, Par.2 applies and on or after the date of approval as prescribed by the provision of Art.40, Par.1 or the date when the order pursuant to the provision of Art.41, Par.1 is issued as to other assignor financial institutions.
The assignor financial institutions may pay retirement allowances after the day following the date of the abrogation of segregation of new and old accounts, notwithstanding the provisions of the foregoing paragraph, to such prersons who are the retired and have not become officers or employees of the assignee financial institutions up to the said date.
The interests may be paid in addition to the retirement allowances pursuant to the provisions of the foregoing paragraph on and after the date of retirement.
Article 42-(3). With regard to persons who are the retired of the assignor financial institutions and who have become officers or employees of the assignee financial institutions between the date approval as prescribed in Art.27, Par.1 or the date of approval as prescribed in Art.40, Par.1 or the date when the order pursuant to the provisions of Art.41, Par.1 is issued and the date of the abrogation of segregation of new and old accounts, the tenure of service as of officers or employees of the said assignor financial institutions shall be regarded as the tenure of service as of officers or employees of the said assignee financial institutions, as far as the computation of retirement allowances is concerned.
Article 42-(4). The financial institutions may, with the approval of the competent Minister, determine the amount of reserves required to reserve for the purpose of the said financial institutions or the assignee financial institutions paying the retirement allowances to persons who are the employee of the former on the date of approval as prescribed in the provisions of Art.27 Par.1, or the date of approval as prescribed in the provisions of Art.40 Par.1 or the date when the order pursuant to the provisions of Art.41, Par.1 is issued, within the limit of the total amount of amount equivalent to a third of voluntary reserves and amount of reserves for retirement allowances or preparatory reserves set aside in accordance with the abrogated Reserves for Retirement Allowances and Retirement Allowances Law based on the provisions of Art.10 to Art.12 of Supplementary Provisions of the Welfare Pensions Insurance Law.
The amount of reserves determined pursuant to the provision of the foregoing paragraph shall be added to the total amount as prescribed in Art.13, Par.1, Item 2, and shall not be included in the reserves as prescribed in Art.18, Item 1 (1), Art.20, Par.1, Item 2, Art.24, Par.1, Item 2 and Art.25, Par.1, Item 2.
Should the amount of reserves to be set aside pursuant to the provisions of Par.1 be determined, when the said financial institutions have transferred whole or part of the business or the instrance contracts belonging to the new accounts to the assigne financial institutions, the said financial institutions shall, with the approval of the competent Minister use whole or part of the said reserves and assign the assets corresponding to the amount to the said assignee financial institutions.
In the case of the preceding paragraph, the assignee financial institutions shall reserve the amount equivalent to the assets which they succeeded to pursuant to the provisions of the same paragraph.
With the exception of the case of Par.3 or the case of liquidation or bankruptcy, the reserves, which are set aside by financial instituions pursuant to the provisions of Par.1 or counted up by the assignee financial institutions pursuant to the provisions of the foregoing paragraph, shall not be used for any purpose other than the payment of retirement allowances to employees, who were in service of the financial institutions of Par.1 on the date of approval as prescribed in Art.27, Par.1 or the date of approval as prescribed in Art.40, Par.1 or the date when the order pursuant to the provisions of Art.41, Par.1 is issued, unless approved by the competent Minister.
Article 42-(5). The amount, equivalent to the assets which the assignor financial institutions let the assignee financial institutions succeed to pursuant to the provisions of Par.3 of the preceding Article, or the amount which the assignee financial institutions have reserved pursuant to the provisions of Par.4 of the preceding Article, shall not be included in the profit or loss on the computation of the ordinary income in every business term under the Corporation Tax Law, of surplus income in every business term under the Special Corporation Tax Law or of the net profit in every business term in case where the business tax is imposed based on the Local Tax Law.
Supplementary Provision:
This Law shall come into force as from the day of its promulgation.
Minister of Agriculture and Forestry HATANO Kanae
Minister of Commerce and Industry MIZUTANI Chozaburo
Prime Minister KATAYAMA Tetsu