Certified Public Accountant Law
法令番号: 法律第103号
公布年月日: 昭和23年7月6日
法令の形式: 法律

審議経過

I hereby promulgate the Certified Public Accountant Law.
Signed:HIROHITO, Seal of the Emperor
This sixth day of the seventh month of the twenty-third year of Showa (July 6, 1948)
Prime Minister　ASHIDA Hitoshi
Law No.103
Certified Public Accountant Law Contents
Chapter 1. General Provisions
Chapter 2. Certified Public Accountant Examination
Chapter 3. Registration
Chapter 4. Obligation of Certified Public Accountant and Junior Public Accountant
Chapter 5. Liabjility of Certified Public Accountant and Junior Public Accountant
Chapter 6. Public Accountant Administration Commission
Chapter 7. Regulation of Business
Chapter 8. Penal Provisions
Suplementary Provisions
Certified Public Accountant Law
Chapter 1. General Provisions
(Definition)
Article 1.　The term "financial statements" as used in this Law shall mean inventory, balance sheet, profit and loss statement and/or any other document pertaining to financial matters.
The term "to make public" shall mean to publish or otherwise make available to stock-holders, creditors or others.
(Business of Certified Public Accountant)
Article 2.　A Certified Public Accountant shall upon the request from others, and on a remunerative basis, make it his or her business to make, auditing or verification of financial statements.
In addition to the business as prescribed by the foregoing paragraph, Certified Public Accountant may, upon the request from others and on a remunerative basis, make it his or her business to make, under the title of Certified Public Accountant, preparation of financial statements, or investigation or preperation with respect to financial matters or to make consultation with respect to financial matters;provided, however, that the above shall not apply to the carrying out of such business with respect to matters which are subject to restriction under any other Law.
The provisions of Paragraph 1 shall not prevent any Certified Public Accountant from engaging, as an assistant of another Certified Public Accountant, in the business as prescribed by the same paragraph.
(Junior Public Accountant)
Article 3.　A Junior Public Accountant shall make it his or her business to assist, under the title of a Junior Public Accountant, a Certified Public Accountant in regard to the business as prescribed by Paragraph 1 of the foregoing Article for the purpose of mastering the practices necessary to become a Certified Public Accountant.
Any Junior Public Accountant may, upon the request from others and on a remunerative basis, engage, as his or her business, in such business as prescribed by Paragraph 2 of the foregoing Article under the title of Junior Public Accountant.
The proviso to Paragraph 2 of the foregoing Article shall apply mutatis mutandis to the case of the foregoing paragraph.
(Disqualification)
Article 4.　Any person coming under any of the following items may not become a Cartified public Accountant or a Junior Public Accountant:
1.　A minor, or a person who is legally incompetent or quasi-incompetent;
2.　A. person who has been santenced to a panalty heavier than imprisonment and for whom two years have not elapsed from the day on which execution was complated, or on which he or she was exempted from execution;
3.　A bankrupt who is not reinstated;
4.　A person who has been given an action of disciplinary dismissal under the Public Service Law, (Law No.120, 1947) and for whom two (2) years have not elapsed from the day of such action;
5.　Any person who has heen given an action of effacement of registration in accordance with the provisions of Article 30 or Article 31;
6.　A person who has been given an action of suspension of business under the provisions of Article 30, Article 31 and whose registration has been effaced during the period of such suspension of business and for whom such period of time has not expired;
7.　A person who has been given an action of cancellation of license, expulsion or prohibition of business under the Tax Consultant Law, (Law No.46, 1942) or the Lawyears Law, (Law No.53, 1933) or the Patent Agent Law, (Law No.100, 1922).
Chapter 2. Certified Public Accountant Examination
(Classes of Certified Public Accountant Examination)
Article 5.　Certified Public Accountant Examination shall be divided into Primary, Secondary and Third Examinations.
Any person who has passed secondary examination or who has been exempted from secondary examination in accordance with the provisions of various items of Article 9 with respect to all of the subjects shall be qualified as a Junior Public Accountant.
Any person who has passed their examination shall be qualified as a Certified Public Accountant.
(Primary Examination)
Article 6.　The purpose of the primary examination shall be to examine whether persons concerned have general educational knowledge appropriate for taking Secondary Examination, and the examination shall be held with respect to National Language, Mathematics and Essay.
(Exemption from the Primary Examination)
Article 7.　Any person coming under any of the following items shall be exempted from primary examination:
1.　A person who has graduated from university in accordance with the provisions of the School Education Law (Law No.26, 1947) or who is deemed to have educational knowledge same as or higer than the abovementioned person in accordance with the provisions of Paragraph 2 of Article 57 of the said Law;
2.　A person who has graduated from, or completed the routine at, Senior Departments of a Higher School under the old Higher School Ordinance, or a Junior Course of a University under the old University Ordinance or a Higher Technical School under the old Higher Technical School Ordinance;
3.　A person who has passed Civil Service Primary Examination;
4.　Besides these coming under the foregoing two items, a person who is, as may be provided for by the Public Accountant Administration Commission, deemed as having general educational knowledge same as or higher than a person coming under the foregoing two items.
(Secondary Examination)
Article 8.　The purpose of secondary examination shall be to examine whether persons concerned have technical knowledge necessary to become a Junior Public Accountant, and the examination shall be held with respect to Accounting, Book keeping, CostCalculation, Economics, Enterprise Management, Finance, Money and Banking, Civil Code (excluding parts on Relations and on Succession) and Commercial Code (excluding parts on Marine Merchantile Commerce, Bills and Cheques).
Only such persons who have passed primary examination and or persons who have been exempted from primary examination in accordance with the provisions of the foregoing Article are qualified to take secondary examination.
(Partial Exemption from the Secondary Examination)
Article 9.　Any person coming under any of the following items shall be exempted from Secondary Examination with respect to various subjects as prescribed by the provisions of the respective items:
1.　As to any person who held the post of a professor or an assistant professor of the subjects under the category of Commercial Science at a University under the School Education Law, a university under the old University Ordinance (including Junior Department, hereinafter the same), Senior Departments of a Higher School under the old Higher School Ordinance, or a Higher Technical School under the old Higher Technical School Ordinance for more than three (3) years or any person who has been honoured a scholarship for his or her study on any subject coming under the category of Commercial Science, Accounting, Book-keeping, Cost Calculation, Management Economics, and Money and Banking shall be exempted;
2.　As to any person who held the post of a professor or an assistant professor of a subject under the category of Economics at a University under the School Education Law, a University under the old University Ordinance, Senior Departments of a Higher School under the old Higher School Ordinance, or a Higher Technical School under the old Higher Technical School Ordinance for more than three (3) years, or any person who has been honoured a sholarship for his or her study on any subject coming under the category of Economics, Finance, and Money and Banking shall be exempted;
3.　As to any person who held the post of a professor or an assistant professor on a subject under the category of Jurisprudence at a University under the School Education Law, a University under the old University Ordinance, Senior Departments of a Higher School under the old Higher School Ordinance, or a Higher Technical School under the old Higher Technical School Ordinance for more than three (3) years, or any person who has been honoured a scholarship for his or her study on any subject coming under the category of Jurisprudence, Civil Code and Commercial Code shall be exempted;
4.　As to any person who has taken the Main Examination of the Civil Service Examination with respect to one, or two or more, of the subjects prescribed by the provisions of Paragraph 1 of the foregoing Article, and who has passed such examination, the subject or subjects which he or she has passed shall be exempted.
(Third Examination)
Article 10.　The purpose of Third Examination shall be to examine whether persons concerned have a highly technical practical ability necessary to become a Certified Public Accountant and the examination shall be held with respect to auditing, analysis or any other practical works relating to financial matters.
(Requirements for taking the Third Examination)
Article 11.　Only such persons who have undertaken the supplement course of study for practical works as prescribed by the provisions of Article 12 for more than one (1) year, and who have assisted a Certified Public Accountant with respect to the business as provided for by Paragraph 1 of Article 2 as a Junior Public Accountant for more than two years in addition to the period of his supplement course of study for practical works are qualified to take the third examinations.
(Supplement Course of Study for Practical Works)
Article 12.　Supplement course of study for practical work shall be given to Junior Public Accountants at the office of a Certified Public Account or at such institutes as may be provided by the Public Accountant Administration Commission for the purpose of having them master practical works necessary to become a Certified Public Accountant.
Matters necessary for supplement course of study for practical works shall be prescribed by a Public Accountant Administration Commission Regulations.
(Examination Fee)
Article 13.　Any person who desires to take the primary examination shall pay in an examination fee of \200, and any person who desires to take the secondary or the third examination shall pay in the fee of \500.
Examination fees which have been paid pursuant to the provisions of the foregoing paragraph shall not be returned even in case where the persons concerned have given up the Certified Public Accountant Examination.
(Certificate)
Article 14.　Any person who has passed various classes of Certified Public Accountant Examination shall be furnished with a certificates showing that the person concerned has passed the respective Examination.
(Execution of Examination)
Article 15.　The Certified Public Accountant Examinations shall, as may be prescribed by a Public Accountant Admistration Commission Regulations, be executed by an examination institute as may be provided for by the Public Accountant Administration Commission.
The Certified Public Accountant Examination shall be held at least once a year.
(Detail Rule for the Examination)
Article 16.　Besides these provided for in this Law, matters necessary for the Certified Public Accountant Examination shall be prescribed by a Certified Public Accountant Administration Commission Regulations.
Chapter 3. Registration
(Obligation for Registration)
Article 17.　In order that a person who is qualified as a Certified Public Accountant or a Junior Public Accountant becomes a Certified Public Accountant or a Junior Public Accountant, he or she shall register, on a Certified Public Accountants'List, or on a Junior Certified Public Accountants'list, name, date of birth, office and such other matters as may be prescribed by a Certified Public Accountant Administration Commission Regulations.
Registration prescribed by the foregoing paragraph shall be held effective for three (3) years.
Any person who desires to continue to be a Certified Public Accountant or a Junior Public Accountant after the effective period of registration as prescribed by Paragraph 1 has been expired shall get registration renewed.
(List)
Article 18.　A Certified Public Accountants'List or a Junior Public Accountants'List shall be kept in the hands of the Public Accountant Administration Commission.
(Procedure for Entry)
Article 19.　Any person who desires to register as a Certified Public Accountant or a Junior Public Accountant under Paragraph 1 or 3 of Article 17 shall submit an application for registration to the Public Accountant Administration Commission.
The application for registration under Paragraph 1 of Article 17 shall be accompanied by a document certifying the qualification of Certified Public Accountant or Junior Public Accountant.
Should the Public Accountant Administration Commission receive the application for registration as provided for by the foregoing two paragraphs, it shall effect registration as prescribed by Paragraph 1 or 3 of Article 17 without delay.
(Modification on Registration)
Article 20.　Should any modification be required to matters which have been registered pursuant to the provisions of Paragraph 1 of Artitle 17, a Certified Public Accountant or a Junior Public Accountant shall apply for getting registration modified without delay.
(Effacement of Registration)
Article 21.　In case of coming under any of the following items, the Public Accountant Administration Commission shall efface the registration of a Certified Public Accountant or a Junior Public Accountant:
1.　When a Certified Public Accountant or a Junior Public Accountant ceased his or her business.
2.　When a Certified Public Accountant or a Junior Public Accountant is dead.
3.　When the person concerned falls under any of items of Article 4.
4.　When no application is made for renewal of registration at the time of expiration of the effective period of registration.
(Detail Rules for Registration)
Article 22.　Desides those provided for in this, Law, matters relating to procedure of registration, effacement of registration, a Certifled Public Accountants'list, a Junior Public Accountants'list and such other matters relating to registration shall be prescribed by a Public Accountant Administration Commission Regulations.
(Special Instances for Persons who are qualified under Laws or Orders of any Foreign Country)
Article 23.　The Public Accountant Administration Commission may, by a Public Accountant Administration Commission Regulations, provide for matters relating to exemption from the Qualified Public. Accountant Examination of persons who have qualification equivalent to a Certified Public Accountant under, Laws or Orders of any foreign Country, and matters relating to registration of such persons.
Chapter 4. Obligation of a Qualified Public Accountant and Junior Public Accountant
(Restriction on Auditing and Verification under Specific Cases)
Article 24.　Of financial statements, no Certified Public Accountant shall carry out his or her business as prescribed by Paragraph 1 of Article 2 with respect to any of those coming under the following items:
1.　Financial statements of a company or other organization in which the Certified Public Accountant himself or herself, or his or her spouse, holds, or held within one (1) year, the post of director, any person similar thereto, or personnel responsible for financial matters.
2.　Financial Statement of a company or other person in which the Certified Public Accountant himself or herself is, or was within one (1) year, an employee or in which he or she has or had within one (1) year, an interest to a considerable extent.
No person who holds or held a post of National Public Service, or that of a Local Public service can, during the term of office or, for two (2) years after retiring from such post, carry out the business as provided for by Paragraph 1 of Article 2 with respect to financial matters of a profit-making enterprise which is closely related in course of business to the public office which he or she holds, or hold for two years before the retiring.
(Indication of Extent of Certification and Interest held by a person who makes certification)
Article 25.　Should a Certified Public Accountant certify to a financial statement of a company or other person, he or she shall indicate in what extent he or she has certified.
Should a Certified Public Accountant certify to a financial statement of a company or other persons, he or she shall indicate whether he or she has any interest in the companies or other persons, and if he or she has any interest, he or she shall indicate the contents thereof on the certificate.
(Prohibition of Acts which would injure Confidence)
Article 26.　A Certified Public Accountant or a Junior Public Accountant shall not make any act which might injure confidence of Certified Public Accountant or Junior Public Accountant, or which might bring disgrace upon Certified Public, Accountant or Junior Public Accountant in general.
(Obligation to observe Business Secret)
Article 27.　A Certified Public Accountant or Junior Public Accountant shall not divulge, or make surreptitious use of any secret which he or she might have acquired in course of business, without just cause. The same shall apply even after he or she no longer is a Certified Public Accountant or a Junior Public Accountant.
(Restrictions on Advertisement)
Article 28.　A Certified Public Accountant and a Junior Public Accountant shall not made advertisament on his or her ability or record except title of a Certified Public Accountant or a Junior Public Accountant and expert business.
Chapter 5. Liability of Certified Public Accountant and Junior Public Accountant
(Kinds of Disciplinary Punishment)
Article 29.　Disciplinary actions against Certified Public Accountant and Junior Public Accountant shall be as the following three types:
1.　Warning;
2.　Suspension of business for not more than one (1) year;
3.　Effacement of registration.
(Disciplinary Punishment on False or Unfaithful Certification)
Article 30.　Should a Certified Public Accountant wilfully and knowingly verify a financial statement which has substantial false, error or omission as having no substantial false, error or omission, the Public Accountant Administration Commission may take such action as suspension of his or her business for not more than one (1) year or of effacement of registration.
Should it be proved that a Certified Public Accountant verified with gross negligence a financial statement which has substantial false, error or omission as having no substantial false, error or omission, the Public Accountant Administration Commission may take such action as warning, or suspension of his or her business for not more than one (1) year.
(Disciplinary Punishment in General)
Article 31.　Should a Certified Public Accountant or a Junior Public Accountant violate the provisions of this Law or of a Public Accountant Administration Commission Regulations, the Public Accountant Administration Commission may take such disciplinary action as provided for by various items of Article 29.
(Procedure for Disciplinary Punishment)
Article 32.　Any one can, if he thinks that there is a fact coming under the foregoing two Articles with respect to a Certified Public Accountant or a Junior Public accountant, inform the Public Accountant Administration Commission of such fact, and ask for its appropriate action.
Should information as prescribed by the foregoing paragraph be given, the Public Accountant Administration Commission shall carry out necessary investigation on such case.
The Public Accountant Administration Commission may, if it is deemed that there exists such fact coming under the foregoing two Articles with respect to a Certified Public Accountant or Junior Public Accountant, carry out necessary investigation ex officio.
When disciplinary action under the foregoing two Articles is to be taken, the Public Accountant Administration Commission shall notify Certified Public Accountant or Junior Public Accountant concerned of such fact, in advance and give hearing to him or her in order to give him or her an opportunity to present evidence for explanation.
After hearing prescribed by the foregoing paragraph, if it is deemed with sufficient evidence that there is such a fact coming under the foregoing two Articles, disciplinary action prescribed by the foregoing two Articles shall be taken.
(Authority for Investigation)
Article 33.　In order to carry out necessary investigation for cases pursuant to the provisions of Paragraph 2 or Paragraph 3 of the foregoing Article, the Public Accountant Administration Commission may take any of the following actions:
1.　To request the attendance of, and give inquiries to, interested persons and witnesses, or to collect opinions of, or reports from, such persons;
2.　To request the attendance of an expert witness and, to ask him for his expert opinion;
3.　To order the owners of financial statements or other articles, to present such articles, or to keep in hands such articles that have been presented.
The Public Accountant Administration Commission may, if deemed necessary, cause personnel of the secretariat of the Public Accountant Administration Commission to execute such action as prescribed by the foregoing paragraph.
(Preparation and Making Public of Investigation Report and Report on Disciplinary Actions)
Article 34.　When the Public Accountant Administration Commission carried out necessary investigations on cases, the summary of such investigation shall be stated on the investigation report and if an action prescribed by the foregoing Article was taken, the result of such action shall be indicated clearly.
Any interested person may request the Public Accountant Administration Commission the perusal of investigation record as prescribed by the foregoing paragraph, or by paying the cost of preparation, may obtain deliver of a copy of, or an extract from, such investigation record;provided, however, that any person other than such Certified Public Accountant, Junior Public Accountant, his or her proxy cannot ask for perusal of investigation record prescribed by the same paragraph, or delivery of copy, of, or extract from, such record before the disciplinary action has been taken, or decision has been made that the disciplinary action shall not be taken.
When the Public Accountant Administration Commission took an action of disciplinary punishment in accordance with the provisions of Article 30 or Article 31, it shall make public of such fact.
Chapter 6. Public Accountant Administration Commission
(Establishment of Public Accountant Administration Commission)
Article 35.　In order to administe matters pertaining to Certified Public Accountant, Junior Public Accountant, and Certified Public Accountant Examination, and to supervise Certified Public Accountant and Junior Public Accountant, there shall be established a Public Accountant Administration Commission.
The Public Accountant Administration Commission shall be placed under the jurisdiction of Minister of Finance.
(Commissioners)
Article 36.　The Public Accountant Administration Commission shall be composed of five (5) commissioners,
Commissioners shall be appointed by Minister of Finance, from among Certified Public Accountants of thirty-five or more of age, who have noble character, and have understanding and insight as to matters pertaining to Certified Public Accountant.
The Commissioners shall be of special service as prescribed by Item 13 of Paragraph 3 of Article 2 of the National Public Service Law.
(Term of office of Commissioners)
Article 37.　The term of office of a commissioner shall be three (3) years;provided, however, that the term of office of a Commissioner who is appointed to fill vacant seat shall be the remainder of his or her predecessor.
Commissioner may be reappointed.
(Status Guarantee of Commissioner)
Article 38.　No Commissioners shall be dismissed from the office against his or her will, except cases coming under any of the following items:
1.　Where registration as Certified Public Accountant is effaced:
2.　Where a Commissioner is sentenced to punishment due to violation of this Law;
3.　Where a Commissioner is given such action as suspension of business for not more than one (1) year;
4.　When a Commissioner is proved by the Public Accountant Administration Commission as being unable to execute business due to mental or physical defect;
5.　When a Commissioner is proved by the the Public Accountant Administration Commission as having violated the rules of duties in course of business or having, carried out an unjustifiable act as a Commissioner.
(Dismissal)
Article 39.　In case of coming under any of items of the foregoing Article, Minister of Finance shall dismiss such Commissioner or Commissioners.
(Chairman of the Commission)
Article 40.　The Chairman shall be appointed by Minister of Finance from among Commissioners.
The chairman shall preside over the affairs of the Public Accountant Administration Commission and shall represent the Public Accountant Administration Commission.
Minister of Finance shall in advance select from among Commissioners a person who shall act as the Chairman in case the chairman is absent.
(Meeting)
Article 41.　Unless the chairman and two or more Commissioners are present, the Public Accountant Administration Commission shall not hold its meeting and make any decision therein.
Decision of the Public Accountant Administration Commission shall be made by majority;provided, however, that if the vote is equally devided, decision shall be made by the chairman.
No Commissioner shall participate in vote with respect to matters in which he or she has interest.
In order that the Public Accountant Administration Commission makes decision as to matters coming under Item 4 or 5 of Article 38, unanimous vote except of the person concerned shall be required, notwithstanding the provisions of Paragraphs 1 and 2.
(Remuneration for Commissioner)
Article 42.　A Commissioner shall be given remuneration of an amount higher than the highest salary given to a National Public Servant of a general serviced, but less than that of State Minister, which may be determined by Minister of Finance, within the amount appropriate in the budget.
(Secretariat)
Article 43.　In order to have the business of the Public Accountant Administration Commission handled, the Public Accountant Administration Commission shall have a Secretariat office.
(Local Office)
Article 44.　The Public Accountant Administration Commission may, under its supervision, have a part of the business of the Secretariat of the Public Accountant Administration Commission handled by a Regional Financial Bureau.
(Obligation to Keep Secrets)
Article 45.　Any person who is or was a Commisioner shall not divulge or make surreptitious use of secret without just course, which he may have acquired in exercise of the duties stipulated in this Law.
(Public Accountant Administration Commission Regulations)
Article 46.　The Public Accountant Administration Commission may establish, amend or rescind a Public Accountant Administration Commission Regulations with respect to matters delegated in this Law such matters necessary for carrying but its function.
Public Accountant Administration Commission Regulations shall be promulgated on the Official Gazette.
Chapter 7. Regulation of Business
(Restriction on Business of Persons other than Certified Public Accountant)
Article 47.　Except those cases as provided for by Law, no person other than Certified Public Accountant shall carry out business as prescribed in Paragraph 1 of Article 2 upon the request from others and on a remunerative basis.
(Prohibition of Publication on the Facts that Auditing and Verification have been made)
Article 48.　Except those cases as audited or varified by a Certified Public Accountant, no person shall publish whole or a part of his or her statement as has been audited or varified;provided however, that the above shall not apply to such cases where, after audited or varified under other Laws, publication is to be made regarding such auditing or verification.
(Restriction on Use of Title)
Article 49.　No person other than Certified Public Accountant shall use the title of Certified Public Accountant, Public Auditor, Public Accountant (Keirishi) or any other title which is apt to mislead Certified Public Accountant.
No person other than junior Public Ac, countant shall use the title of Junior Public Accountant, Junior Public Auditor, Junior Public Accountant (Keirishiho) or any other title which is apt to mislead junior Public Accountant.
The provisions of the foregoing two paragraphs shall not prevent the use of such title as stipulated by a Law.
Chapter 8. Penal Provisions
Article 50.　Any person who is not qualified to become a Certified Public Accountant, and who has violated the provisions of Article 47, or any person who has violated the provisions of Article 48 shall be subject to imprisonment not exceeding one (1) year, or a fine not exceeding ten thousand yen (\10,000).
Article 51.　Should a representative of a juridical person, or a proxy, employee or other person of a juridical person or an individual make an act in contravention to the provisions of the foregoing Article with respect to the business of such juridical person or individual, not only the actual offender, but also such juridical person or individual shall be subject to a fine as prescribed by the same Article.
Article 52.　Any person who has violated the provisions of Article 27 shall be subject to an imprisonment not exceeding one (1) year or a fine not exceeding five thousand yen (\5,000).
The punishment as prescribed by the foregoing paragraph shall be prosecuted when accused.
Article 53.　Any person who has violated the provisions of Article 49 shall be subject to a penalty not exceeding ten thousand yen (\10,000).
Article 54.　Should a person who is qualified to become a Certified Public Accountant carry out the business, prescribed by Paragraph 1 of Article 2 without registration as prescribed by Article 17, he shall be subject to a penalty not exceeding ten thousand yen (\10,000).
Article 55.　Any person coming under any of the following items shall be subject to a penalty not exceeding one thousand yen (\1,000):
1.　One who failed to attend, to make opinion or made false opinion, or to make report, or made false report in violation of the action against interested person or witness under the provisions of Item 1 of Paragraph 1 of Article 33 or Paragraph 2 of the same Article;
2.　One who failed to attend, to give expert opinions, or gave false opinions in violation of the action against an expert person under the provisions of Item 2 of Paragraph 1 of Article 33 or Paragraph 2 of the same Article;
3.　One who failed to present articles in violation of the action against owner of articles under the provisions of Item 3 of Paragraph 1 of Article 33 or Paragraph 2 of the same Article.
Supplementary Provisions:
Article 56.　The provisions of Article 62 of this Law shall come into force as from the day of its promulgation and the rest of the provision of this Law shall come into force as from August 1, 1948;provided, however, that the provisions of Articles 47 and 48 shall come into force as from April 1, 1949.
Article 57.　A Special Examinations for Certified Public Accountant may be held at such time designated by the Public Accountant Administration Commission during the period of three (3) years after August 1, 1948.
Any person who is honoured with a scholarship for his study upon a subject coming under the category of Commercial Science and any person who has held one or two or more, of the posts prescribed by the following items and who has held such post for three (3) years or more inclusive may be qualified to take a Special Examination for Certified Public Accountant:
1.　Public Accountant (Keirishi);
2.　A professor, assistant professor, lecturer of a subject coming under the category of Commercial Science at a University under the School Education Law, a University under the old University Ordinance, Senior Department of a Higher School under the old Higher School Ordinance or a Higher Technical School under the old higher Technical School Ordinance;
3.　Post of Public Servant directly in charge at an administrative agency of administration business relating to inspection on corporate accounts, inspection on banking, taxation on juridical persons and/or financial matters of companies and other organization, and which may be designated by the Public Accountant Administration Commission;
4.　Post which is in charge of supply of funds or operation of funds at banks, trust companies, insurance companies, or juridical persons established under special Laws, which are similar to the above (including examination with respect to accounting of a borrower), or business relating to accounting and which is equivalent to or higher than the post a section chief;
5.　Besides those provided for by the foregoing item, post which is in charge of business on accounting at companies or juridical persons established under special Law, and which is same as or higher than the post of a section chief;
6.　Responsible post on study or investigation of an institute whose object is to study or investigate Commercial or Financial Science, as may be prescribed by the Public Accountant Administration Commission.
In case of post of a first-grade official or of second-grade official as of prior to the enforcement of the National Public Service Law, posts which have directly been in charge of administrative business on auditing of accounting, bank inspection, or corporate tax or any other business relating to financial matters of companies or other organizations shall be construed as such post as designated by the Public Accountant Administration in accordance with the provisions of Item 3 of the foregoing paragraph, so far as the application of the same paragraph is concerned.
Any person who has passed the Special Examination for Certified Public Accountant shall be qualified to become a Certified Public Accountant.
Any person who desires to take a Special Examination for Certified Public Accountant shall pay in the examination fee of\500. In this case, the provisions of Paragraph 2 of Article 13 shall apply mutatis mutandis thereto.
Any person who has passed the Special Examination for Certified Public Accountant shall be furnished with a certificate showing that the person concerned has passed the Special Examination for Public Accountant.
Article 58.　Special Examination for Certified Public Accountant shall, as may be provided by a Public Accountant Administration Commission, be executed by an examination institute as may be provided, by the Public Accountant Administration Commission.
Article 59.　In regard to time, place, subject and methods of the Special Examination for Certified Public Accountant, it shall be set forth, by the Public Accountant Administration Commission.
Article 60.　Notwithstanding the provisions of Paragraph 2 of Article 36, the initial Commissioners of the Public Accountant Administration Commission may be selected from among persons other than Certified Public Accountants, who meet such other requirements as provided for in the same paragraph.
The term of office of the initial Commission shall be two (2) years, notwithstanding the provisions of Paragraph 1 of Article 37.
Notwithstanding the provisions of Paragraph 1 of Article 37, the term of office of the second term Commissioners of the Public Accountant Administration Commission shall be one (1) year for one, two (2) years for two, and three (3) years for the other two.
The term of office of each Commissioner under the foregoing paragraph shall be designated by Minister of Finance.
Article 61.　The Public Accountant Law (Law No.31, 1927) shall hereby be abrogated;provided, however, that so far as the application of the penal provisions to any act which has been made before the abrogation of said Law is concerned, said Law shall still be held effective.
Article 62.　No application for registration as Public Accountant as prescribed by the provisions of Article 5 of the Public Accountant Law shall be received on and after the day of promulgation of this Law.
Article 63.　Any person who is a Public Accountant at the time when the Public Accountant Law is abrogated, may carry out, under the name of Keirishi, the business (excluding the business as prescribed by Paragraph 1 of Article 2 of the Law;hereinafter the same) as prescribed by Article 1 of the Public Accountant Law till July 31, 1951.
Article 64.　With respect to parsons who engage in the business as prescribed by the provisions of Article 1 of the Public Accountant Law pursuant to the provisions of the foregoing Article, the provisions of Article 4, Paragraph 2 of Article 5, Article 7, Article 8, Paragraph 1 of Article 9, Paragraph 1 of Article 10 and Article 11 shall still be held effective. In this case, in Article 4 and Article 8, "the competent Minister" shall read "the Public Accountant Administration Commission," and in Article 9, "The competent Minister may, upon the decision of the Public Accountant Disciplinary punishment Commission" shall read "the Public Accountant Administration Commission may."
Article 65.　As regards the application of the provisions of Article 4, a disposition of disciplinary dismissal under the Public Officials Disciplinary Punishment Ordinance (Imperial Ordinance No.63, 1899), the old Judge Disciplinary Punishment Law (Law No.68, 1890), the old Public Auditor Disciplinary Punishment Law (Law No.21, 1800) or the old Administrative Court Directors Disciplinary Punishment Ordinance (Imperial Ordinance No.354, 1899), shall be regarded as disposition of disciplinary dismissal under the National Public Service Law, and disposition of prohibition of business as prescribed by the provisions of the Public Accountant Law shall be regarded as a disposition of effacement of registration under the provisions of Article 30 or Article 31.
As regards the application of the provisions of Article 11, the period of time during which a person has engaged, as a Public Accountant, in the business of auditing or verification relating to accounting shall be regarded as the term of his assistance, as Junior Public Accountant, to Certified Public Accountant with respect to the business prescribed by Paragraph 1 of Article 2 besides the term of his supplement course of study or the abovementioned period.
Article 66.　The primary Certified Public Accountant Examination shall be exempted for persons who have passed the Public Accountant Examination as provided for by the Public Accountant Law.
Article 67.　The Regulations governing the Organization of the Ministry of Finance (Imperial Ordinance No.743, 1942) shall partially be amended as follows:
In Article 1, "public accountant" shall be deleted.
Item 13 of Article 7 shall read as follows:
13.　Deleted.
Article 68.　The Securities and Exchanges Law (Law No.25, 1948) shall partially be amended as follows:
In Article 193, "Public Accountant" shall read "Certified Public Accountant."
Article 69.　The Registration Tax Law shall partially be amended as follows:
Article 7-(2).　Any person who desires to register the following matters in the Certified Public Accounts'List or the Junior Public Accountants'List shall pay the registration fee as follows:
1.　Registration under Article 17 of the Certified Public Accountant Law (Law No.103, 1948):
Certified Public Accountant　\3,000
Junior Public Accountant　1,500
2.　Registration under Article 20 of the Certified Public Accountant Law:
Certified Public Accountant　\120
Junior Public Accountant　60
Article 70.　The Tax Consultant Law shall partially be amended as follows:
Item 2 of Article 2 shall read as follows:
2.　Certified Public Accountant.
In Item 2 of Article 5, "Public Accountant" shall read "Certified Public Accountant," and "Public Accountant Registry" shall read "Certified Public Accountants'List."
In case of a tax consultant being a person who engages in the business as prescribed by the provisions of Article 1 of the Public Accountant Law pursuant to the provisions of Article 63, it effacement of registration in the Public Accountant Registry is made, permission under Paragraph 1 of Article 4 of the same Law shall become invalid, notwithstanding the provisions of Article 5 of the Tax Consultant Law.
Article 71.　The Lawyers Law shall partially be amended as follows:
In Item 2 of Article 5, "or person who has been prohibited from his business pursuant to the provisions of the Lawyers Law or the Public Accountant Law," shall read "person who has been prohibited from his business pursuant to the provisions of the Lawyers Law, or person who has been given a disposition of effacement of registration pursuant to the provisions of Article 30 or Article 31 of the Certified Public Accountant Law (Law No.103, 1948) and," prohibition, of business "shall read" prohibition of business or effacement of registration."
Persons who have been given a disposition of prohibition of business under the Public Accountant Law (including the provisions of the same Law which are held effective pursuant to the provisions of Article 64), and for whom two year have not elapsed from the day of such disposition shall not be qualified as a solicitor, notwithstanding the revised provisions of Article 5 of the Lawyers Law.
Article 72.　The Patent Agent Law shall partially be amended as follows:
In Item 3 of Article 5, "person who has been prohibited from his business pursuant to the provisions of this Law or the Public Accountant Law" shall read "person who has been prohibited from his business pursuant to the provisions of this Law, person who has been given a disposition of effacement of registration pursuant to the provisions of Article 30 or Article 31 of the Certified Public Accountant Law (Law No.103, 1948), and after," prohibition of business, "shall be added" effacement of registration."
Any person who has been given a disposition of prohibition of business pursuant to the provisions of the Public Accountant Law (including the provisions of the same Law which are held effective pursuant to the provisions of Article 64), and for whom two years have not elapsed from the day of such disposition, notwithstanding the revised provisions of Article 5 of the Patent Agent Law.
Minister of Finance　KITAMURA Tokutaro
Prime Minister　ASHIDA Hitoshi