(Promoter)
Article 24. In case where formation of a Common Facility Cooperative Credit Cooperative or Joint Enterprise Cooperative (Kigyo) is intended, four or more persons proposing to be its members shall be its promoters, and in case a Federation of Cooperatives is intended two or more Cooperatives proposing to be its members shall be its promoters.
2 Credit Cooperative may not be composed of less than 300 members.
(Preliminary Constituent Meeting)
Article 25. Promoters shall prepare in advance a business prospectus stating the proposed business, area and qualification for membership of the Cooperative and shall convene a preliminary consitutent meeting, giving public notice designating the date and place of the meeting together with the business prospectus.
2 The public notice mentioned in the previous paragraph shall be given in a proper manner at least two weeks prior to the day of the meeting.
(Drafter of the Article of the Cooperative)
Article 26. The Preliminary Consituent Meeting shall be attended by persons who are qualified for membership in accordance with the prospectus mentioned in the previous Article and at this meeting, drafters shall be selected from among them. In addition, such basic matters shall be decided as are necessary to draw the Articles of the Cooperative as area, qualification for membership, etc.
2 The number of drafters of Articles of the Cooperative shall be at least four in the case of a Common Facility Cooperative, Credit Cooperatvie or Joint Enterprise Cooperative (Kigyo) and at least two in the case of Federation of Cooperatives.
3 The resolution at a preliminary constitutent meeting shall be carried by a majority of consent of those present at this meeting under the provision of paragraph 1.
(Constituent General Meeting)
Article 27. Promoters shall, upon completion of formulation of the Articles of the Cooperative by drafters, hold a Constituent General Meeting, giving public notice, designating the date and place of the meeting together with the proposed Articles of the Cooperative.
2 The public notice mentioned in the preceding paragraph shall be given in a proper manner at least two weeks prior to the day of the meeting.
3 The approval of the Article of the Cooperative formulated by the drafters, determination of business program and other matters necessary for the formation of Cooperative shall be resolved at the Constituent General Meeting.
4 The Articles of the Cooperative mentioned in the preceding paragraph may be amended at the Constituent General Meeting, except the provisions concerning area and qualification for membership.
5 The agenda of the Constituent General Meeting shall be decided by two thirds or more of the votes of those present at the said meeting attended by one haif or more of those qualified for membership who have given their consent for the formation of Cooperative by the day of the said meeting.
6 The provisions of Article 11 of this Law, Article 239 paragraph 4, Article 240 (votes of interested parties), Article 244 (minutes) and Articles 247 to 253 (annulment or cancellation of resolution) inclusive of the Commercial Code shall apply mutatis mutandis to the Constituent General Meeting;in this case "Article 343" in Article 247 paragraph 1 of the Commercial Code shall read "Article 53 of the Smaller Enterprise, etc. Cooperative Law" .
(Transfer of Business to Directors)
Article 28. Promoters shall, after the conclusion of the Constituent General Meeting, transfer without delay the business of the Cooperative to the directors elected by the meeting.
Article 29. Directors shall, when they take over the business in accordance with the provisions of the preceding paragraph, cause members to make first payment on their shares.
2 The amount of the first payment mentioned in the preceding paragraph shall not be less than one fourth of the amount of each share.
3 Those who make investment in kind shall transfer on the date fixed for the first payment the entire assets subscribed for investment. However, any legal procedure such as registration or others necessary to set up against, the third person in respect of creation or transfer of rights may be allowed to be done after the formation of the Cooperative.
4 Notewithstanding the provisions of paragraphs 1 and 2 directors of Credit Cooperatives or Federation of Cooperatives carrying on the business mentioned in Article 77 paragraph 1 item (1) shall as soon as they have received the transfer mentioned in the preceding Article let the member make the payment in whole of their shares.
(Time of Formation of Cooperative)
Article 30. The formation of the Cooperative shall become effective upon the registration of its formation at the locality of its principal office.
(Report)
Article 31. The Cooperative shall submit to the Administrative Agency, the report on its formation together with the Articles of the Cooperative and the names of its officers within the period of two weeks after the formation:The same shall apply in case the matters mentioned above were altered.
(Application mutatis mutandis of the Commercial Code)
Article 32. The provisions of Article 428 (Annulment of Formation of Company) of the Commercial Code shall apply mutatis mutandis to the formation of the Cooperative.