I hereby give My sanction to the Imperial Ordinance relating to the Enforcement of the Law concerning Adjustment and Coordination of Disposal of Securities, and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This seventh day of the third month of the twenty-second year of Showa (March 7, 1947)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Justice KIMURA Tokutaro
Minister of Finance ISHIBASHI Tanzan
Imperial Ordinance No. 73
Article 1. The terms "designated securities," "special accounting companies, etc.," "the Securities Coordinating Liquidation Committee," and "designated juridical persons" in the present Imperial Ordinance shall mean "designated securities," "special accounting companies, etc.", "the Securities Liquidating Coordination Committee," and "designated juridical persons" as stipulated in Law No. 8 of 1947, on Adjustment and Coordination of Disposal of Securities (hereinafter referred to as the Law).
Article 2. The following shall be included among the securities as provided for by each item of paragraph 1 of Article 2 of the Law:
1. Debentures issued by a juridical person (company excluded) established by special laws or ordinances;
2. Public bonds, stocks, corporate debentures, and other similar certificates, issued by a foreign country or by an alien juridical person.
Article 3. The chief of the Industry Reconstruction Bureau of the Ministry of Commerce and Industry shall hereby be designated pursuant to the provisions of item 5 of paragraph 2 of Article 4 of the Law.
Article 4. Cases where submission of a plan with regard to transfer of designated securities to the Securities Coordinating Liquidation Committee (hereinafter referred to as the Committee) is not required in accordance with the provisions of paragraph 1 of Article 7 of the Law are as follows:
1. In case of transfer of designated securities which are in the possession of the State;
2. In case of transfer of stocks or partnership shares in possession of special accounting companies, etc. in accordance with the provisions of the approved reorganization plan as provided for by the Enterprise Reconstruction and Reorganization Law (hereinafter referred to as the approved reorganization plan) to the employees of the said companies issuing the said stocks or partnership shares (the definition of employees shall be persons who are continuously in the service of the company; with the exception of officers, hereinafter the same shall apply);
3. In case of transfer of designated securities in possession of special accounting companies, etc., to a company as stipulated in item 7 of Article 6 of Enterprise Reconstruction and Reorganization Law, in accordance with the provisions of the approved reorganization plan, or to a company which is entirely or partially entrusted with the business management of special accounting companies, etc., or which wholly or partially rents the assets of said companies, or which increases its capital to double or more of the original one in order to receive their investments or transfer of titles;
4. In case of transfer of designated securities by special accounting companies, etc., for the purpose of redeeming old claims to such persons holding such old claims as provided for by paragraph 1 of Article 14 of the Law concerning the Emergency Measures for the Account of Companies (hereinafter referred to as old claims) in accordance with the provisions of the approved reorganization plan;
5. In case of transfer of designated securities by the special accounting companies of such securities less than ten thousand yen (¥10,000) in face value in accordance with the provisions of the approved reorganization plan;
6. In case of transfer of designated securities which are Allied National property under the provisions of Article 1 of the Imperial Ordinance No. 294 of 1946 re. "Restitute of Allied National Property" for the purpose of restituting such property.
Article 5. Cases where entrustment of transfer of designated securities in accordance with the provisions of paragraph 1 of Article 10 of the Law is not required are as follows:
1. In case of transfer of stocks to such persons as provided for by item 2 of paragraph 1 of Article 6 of Imperial Ordinance No. 567 of 1946 on the basis of the provisions of the said Imperial Ordinance;
2. In case of transfer of designated securities to a juridical person who issued the said securities for the purpose of redemption of the said securities by means of purchase by the said juridical person;
3. In case of transfer of stocks or partnership shares to the employees of a juridical person issuing the said stocks or partnership shares excluding such stocks or partnership shares as provided for by item 2 of the preceding Article;
4. With the exception of such cases as provided for in the preceding two paragraphs, in case where approval of the Committee is obtained for the plan of disposal of stocks provided for by Article 7 of the Law, with the fact that such entrustment of transfer is not to be made being embodied in the said plan;
5. In case those who have received approval of the plan for disposal of stocks as provided for by Article 8 of Imperial Ordinance No. 567 of 1946 obtain the approval of the Committee with respect to the non-entrustment of transfer.
Article 6. The period of time as stipulated in paragraph 1 of Article 11 of the Law shall be two (2) weeks of the date of notice of approval with respect to the plan as provided for by paragraph 3 of Article 8 of the Law (including such cases as stipulated in paragraph 2 of Article 11 of the Law, wherein the said provisions are applied to mutatis mutandis).
Article 7. Persons who shall be required to submit reports to the Committee in accordance with the provisions of paragraph 3 of Article 14 of the Law shall be as follows:
1. In case of dissolution of a juridical person as consequence of amalgamation, the juridical person in existence after the amalgamation or the juridical person newly created as the result of the amalgamation;
2. With the exception of such a case as provided for in the preceding paragraph, in case of dissolution of a juridical person, the liquidator or the administrator of bankruptcy property;
3. In case where a juridical person that was a designated juridical person ceases to be such a juridical person, the said juridical person.
Article 8. In case a stockholder of a designated juridical person has in his possession uninscribed stocks and he desires to exercise his voting rights, he shall demand of the said designated juridical person to convert the said uninscribed stocks into inscribed stocks at least one (1) week previous to the stockholders' general meeting in accordance with the provisions of paragraph 2 of Article 15 of the Law.
Supplementary Provision:
The present Ordinance shall come into force as from the day of the enforcement of the Law.