(Date of Enforcement)
Article 102. The day on which this Law shall come into force shall be determined by Cabinet Order by October 31, 1948, provided, however, provisions in this Law governing the Federation of Consumer's Livelihood Cooperative Associations shall come into force after six months have elapsed from the date of enforcement of this Law.
(Abolition of Industrial Cooperative Association Law)
Article 103. Industrial Cooperative Association Law (Sangyo Kumiai Ho)(Law No.34 of 1900) shall be abolished.
The Industrial Cooperative Association Law shall be still effective even after the enforcement of this Law so far as the Industrial Cooperative Association and the Federation of Industrial Cooperative Associations existing at the time of enforcement of this Law are concerned.
The Industrial Cooperative Association and the Federation of Industrial Cooperative Associations referred to in the preceding paragraph which still exist (excepting those under liquidation) at the time when two years have elapsed from the day of enforcement of this Law, shall be disolved at the abovementioned time.
(Reorganization into Consumer's Livelihood Cooperative Association)
Article 104. The Industrial Cooperative Association (Sangyo Kumiai) prescribed in Par.2 of the preceding Article which is engaged in similar functions as those carried on by the Consumer's Livelihood Cooperative Association shall be able to become the Consumer's Livelihood Cooperative Association within the period as prescribed in Par.3 of the preceding Article.
It shall be at the decision of the general meeting that the Industrial Cooperative Association (Sangyo Kumiai) shall become the Consumer's Livelihood Cooperative Association under the provisions of the preceding paragraph.
The alteration in the articles of incorporation, the election of officers and others acts necessary for the reorganization into the Consumer's Livelihood Cooperative Association in the case of Par.1, shall be performed by the collaboration of all the members of the special committee elected from among members of the Industrial Cooperative Association (Sangyo Kumiai) who have the qualification for membership in the Consumer's Livelihood Cooperative Association.
The provisions of Arts.46 to 47 inclusive shall, despite the provisions of the Industrial Cooperative Association Law (Sangyo Kumiai Ho), apply mutatis mutandis to the alteration of articles of incorporation prescribed in the preceding paragraph;provided that the meeting of representatives prescribed in the provisions of Article 38-(2), Par.1 of the Industrial Cooperative Association Law (Sangyo Kumiai Ho), with respect to the mutatis mutandis application of the provisions of Art.47, shall be deemed to be the meeting of representatives prescribed in the provisions of Art.47.
The officers prescribed in Par.3 shall be elected from among the members of the Industrial Cooperative Associations (Sangyo Kumiai) who have the qualification for the membership in the Consumer's Livelihood Cooperative Association.
The term of office of officers who are elected in accordance with the provisions of Par.3 shall, despite the provisions of Art.30, Par.1, be that which is decided by the special committee;provided that the period shall not exceed one year.
The special committee shall, without delay after the completion of the acts necessary for reorganization, make application to the administrative authorities for approval on such reorganization. In this case, the provisions of Arts.57 to 59 inclusive and Art.97 shall apply mutatis mutandis, provided that in Art.97, "the Minister of Welfare" shall read "the Minister of Welfare and the Minister of Agriculture and Forestry."
The reorganization of the association shall take its effect when the association has effected the registration in the locality where its principal office is situated.
The provisions of Art.74 shall apply mutatis mutandis to the registration as stated in the preceding paragraph. In this case, in Par, 1 of the same Article, "of the day of the first payment of investment" shall read "of the day when the approval for reorganization is given."
A letter of application for registration prescribed in the preceding paragraph shall be accompanied with a copy of a register of the Industrial Cooperative Association (Sangyo Kumiai), excepting the case where the registration is made at the seat of the main office of the Industrial Cooperative Association.
When the registration as prescribed in Par.9 has been made at the seat of the main office of the Industrial Cooperative Association (Sangyo Kumiai), the register shall, by virtue of this authority cancel, the registeration sheet of the Industrial Cooperative Association (Sangyo Kumiai) entering thereupon the reasons therefor.
When the registration as prescribed in Par.9 has been made at a place other than the seat of the main office of the Industrial Cooperative Association (Sangyo Kumiai), the registrar shall notify to that effect to the registration office of the place where, the principal office of the Industrial Cooperative Association (Sangyo Kumiai) is located.
The provisions of Par.11 shall apply mutatis mutandis to the case where such a notification as prescribed in the preceding paragragh has been made.
The necessary matters governing the reorganization of the Industrial Cooperative Association (Sangyo Kumiai) into a Consumer's Livelihood Cooperative Association under the provisions of Par.1 shall be prescribed by the Ordinance with the exception of the provisions fixed in this Article.
Article 105. In case where the Industrial Cooperative Association (Sangyo Kumiai) has become the Consumer's Livelihood Cooperative Association, the members of the Industrial Cooperative Association (Sangyo Kumiai) who have no qualification for membership in the Consumer's Livelihood Cooperative Association shall be regarded as having retired at the date when the reorganization becomes effective.
In case of Par.1 of the preceding Article, the pledge right which existed on the shares of the members of the previous Industrial Cooperative Association (Sangyo Kumiai) shall be deemed when these members have become members of the Consumer's Livelihood Cooperative Association to exist on the right to demand refund of investment under the provisions of Art.21, on the right to demand refund of surplus fund under the provisions of Art.52, and on the right to demand the share in the disposition of the assets, to which rights they shall be entitled.
In the case of Par.1 of the preceding Article, if the Industrial Cooperative Association (Sangyo Kumiai) is an Association with unlimited liability or quaranteed liability, the members of such an Industrial Cooperative Association (Saugyo Kumiai) who become the members of the Consumer's Livelihood Cooperative Association, shall not be free from responsibility, under the provisions of Art.2, Par.2 of the Industrial Cooperative Association Law (Sangyo Kumiai Ho), on the liability of the Association coming into existence before the reorganization.
The responsibility described in the preceding paragraph shall become extinct when no claim or no previous notice of claim is made by the creditors within two years after the reorganization under Par.1 of the preceding Article after the lapse of such a period.
In the case of Par.1 of the preceding Article, when the Consumer's Livelihood Cooperative Association cuts down the scope of business which has been previously the function of the Industrial Cooperative Association (Sangyo Kumiai), it may perform the necessary action to adjust the remaining affairs of the business which was cut down, despite the provisions of Art.10.
(Transition to the Urban Credit Union)
Article 106. The Industrial Cooperative Association (Sangyo Kumiai) which carries on credit business under the provisions of Industrial Cooperative Association Law existing at the time of the enforcement of the present Law, or the Industrial Cooperative Association (Sangyo Kumiai) which was organized by persons who are provided by Art.24, Par.2 of the Urban Credit Union Law (Law No.45 of 1948)(exclusive of the Industrial Cooperative Association to which Art.63, Par.1 of the same Law is applicable) may, within the period prescribed in Art.103, Par.3, become the Urban Credit Association at the decision of the general meeting prescribed in Art.28 of the Urban Credit Union Law.
In the case of the preceding paragraph, the provisions of Art.63, Pars.2 to 4 inclusive and of Arts.64 to 70 inclusive shall apply mutatis mutandis.
(Industrial Cooperative Association and Federation of Industrial Cooperative Associations to be disbanded)
Article 107. The Industrial Cooperative Association or the Federation of Industrial Cooperative Associations existing at the time of enforcement of this Law and which falls under any of the items listed below shall be required to disband within two months from the day on which this Law comes into force, in spite of the provisions contained in Article 103 to the preceding Article inclusive:
1. That which compels, by any means, other individuals or juridical persons in a given industrial field to:
(a) Be members of its organization;
(c) Adhere to a given set of rules of trade.
2. That which controls the distribution or sale of any materials or product (other than its own) by any of the following:
(a) Exclusive right of purchase or sale;
(b) Mandatory inspection;
(c) Preparation of schedules of allocation, rationing or other distribution;
(d) Extension of credit or credit gurantees to its members.
The Industrial Cooperative Association or the Federation of Industrial Cooperative Association as mentioned in the preceding paragraph, which does not disband within the period of time stated in the same paragraph, shall be disbanded as of the date of the expiration of the said period of time.
Further necessary stipulations concerning the disbanding as mentioned in the preceding two paragraphs shall be fixed by order.
(Succession of Assets of the Dissolved Industrial Cooperative Association)
Article 108. The cooperative organizations under other laws, being organized by more than half of those who were members of the Industrial Cooperative Association (Sangyo Kumiai) at the time of its dissolution, which took place after the enforcement of this Law, may, within two months after the dissolution, ask the Industrial Cooperative Association for negotiation on the transfer of the assets which the Industrial Cooperative Association (Sangyo Kumiai) possessed at the time of its dissolution.
In the case of the preceding paragraph, if the negotiation fails to reach an agreement or is unfeasible, the administrative authorities may, upon application by one or both of the negotiating parties and after consultation with the negotiating parties, establish terms for and order the transfer of the assets concerned.
When the order of the transfer of the assets concerned prescribed in the preceding paragraph is issued, it shall be regarded that a negotiation has reached an agreement.
No action to call for revocation or alteration of the order issued under Par.2 may be brought after the lapse of one month from the day of issuance of such order.
The administrative authorities prescribed in Par.2 shall, despite the provisions of Art.97, mean the prefectural governor who exercises jurisdiction over the place where its main office is located.
The matters necessary for the enforcement of the provisions of Par.1 shall be determined by Cabinet Order outside of those prescribed in Pars.2 to 5 inclusive.
(Transitory Provisions concerning Effect of the Industrial Cooperative Association Law)
Article 109. The Industrial Cooperative Association Law shall still remain effective after the enforcement of this Law concerning the application of the provisions prescribed in the following:
1. Art.16, Par.2 of the Union of House Demanders Law (Law No.66 of 1926);
2. Art.7 of the Central Bank of Agriculture and Forestry Law (Law No.42 of 1923);
3. Art.26 of the Sericultural Union Law (Law No.24 of 1931);
4. Art.20, Pars.1 and 3, and Art.24 of the Farm Village Debts Readjustment Association Law (Law No.21 of 1933);
5. Art.23 of the Central Bank of Commercial and Industrial Union Law (Law No.14 of 1936);
6. Art.17, Art.22, Art.27, Art.31, Art.33 and Art.40 of the Union of Owners of House for Rent Law (Law No.74 of 1941).
Article 110. With respect to application of penal provisions to the conduct committed before the enforcement of this Law (or before nullification of the Industrial Cooperative Association Law effective according to the provisions in Par.2, Art.103 relative to the Industrial Cooperative Association and the Federation of Industrial Cooperative Associations prescribed in Par.2, Art.103), the Industrial Cooperative Association Law (Sangyo Kumiai Ho) shall still remain effective after the enforcement of this Law (or after the nullification of the Industrial Cooperative Association Law effective in accordance with the provisions in the same paragraph relative to the Industrial Cooperative Association and the Federation of the Industrial Cooperative Associations prescribed in the same paragraph).
(The Former Name)
Article 111. Any organization which has in its official name the term "Consumer's Livelihood Cooperative Association" or "Livelihood Cooperative Association," or "the Federation of Consumer's Livelihood Cooperative Assciation" or "the Federation of Livelihood Cooperative Associations" at the time of the enforcement of this Law may use its official name during three months after the enforcement of this Law, in spite of the provisions in Art.3, Par.2.
(Partial Amendment to the Registration Tax Law)
Article 112. A part of the Registration Tax Law (Law No.27 of 1896) shall be amended as follows:
In Item 7, Art.19, next to "the Industrial Cooperative Association, the Federation of Indurstrial Cooperative Associations" shall be added "Consummer's Livelihood Cooperative Association, the Federation of Consumer's Livelihood Cooperative Associations," and next to "the Industrial Cooperative Association Law (Sangyo Kumiai Ho)" shall be added "the Consumer's livelihood Cooperative Association Law."
(Partial Amendment to the Stamp Tax Law)
Article 113. A part of the Stamp Tax Law (Law No.54 of 1899) shall be amended as follows;
In Item 12, Par.1, Art.4 next to "the Federation of Industrial Cooperative Associations" shall be added "the Federation of Consumer's livelihood Cooperative Associations."
In Item 6, Art.5, next to "the Industrial Cooperative Association" shall be added "the Consumer's Livelihood Cooperative Association."
(Partial Amendment to the Trust Business Law)
Article 114. A part of the Trust Business Law (Law No.65 of 1922) shall be amended as follows:
In Item 6, Par.1, Art.11, "or the Industrial Cooperative Association" shall be changed to read "the Industrial Cooperative Association, the Consumer's Livelihood Cooperative Association or the Federation of Consumer's Livelihood Cooperative Association."
(Partial Amendment to the Local Tax Law)
Article 115. A part of the Local Tax Law (Law No.110 of 1948) shall be amended as follows:
In Par.2, Art.67, item 2 shall be amended to read as follows:
2. The Industrial Cooperative Association, the Federation of Industrial Cooperative Associations, the Consumer's Livelihood Cooperative Association and the Federation of Consumer's Livelihood Cooperative Associations.
(Partial Amendment to the National Savings Society Law)
Article 116. A part of the National Savings Society Law (Law No.64 of 1941) shall be amended as follows:
In Art.1, item 3, next to "the Industrial Cooperative Association" shall be added "the Consumer's Livelihood Cooperative Association."
(Partial Amendment to the Juridical Person Tax Law)
Article 117. A part of the Juridical Person Tax Law (Lass No.28 of 1947) shall be amended as follows:
In Par.5, Art.9, next to "the Industrial Cooperative Association, the Federation of Industrial Cooperative Associations" shall be added "the Consumer's Livelihood Cooperative Association, the Federation of Consumer's Livelihood Cooperative Associations."
(Partial Amendment to the Trade Association Law)
Article 118. A part of the Trade Association Law (Law No.191 of 1948) shall be amended as follows:
In item 2, Par.1, Art.6, the following item shall be added:
(T) Consumer's Livelihood Cooperative Association Law (Law No.200 of 1948).