Article 1. An agricultural cooperative association or any other kind of association (hereinafter referred to as an association, an industrial association excepted) established under the Agricultural Cooperative Association Law (Law No.132 of 1947) or any other law intended to promote the development of cooperative organizations, of which the members comprise the whole or a part of the members of an industrial association and which aims at conduct of business identical with those of the industrial association, may, with an approval of the administrative authorities, request the industrial association to hold a conference concerning the transfer of the property or the transfer of the property and succession to the liabilities of the industrial association.
2 The ratio of the amount of the property to be transferred under the provision of the preceding paragraph to the total amount of the property of the industrial association shall not exceed that of the amounts of the shares which the members of the association, to which the administrative authorities have given an approval prescribed in the same paragraph, hold as the members of the industrial association, to the total amount of the shares of members of the industrial association.
3 In the application of the provision of tine preceding paragraph, the amounts of the shares referred to in the same paragraph shall be the values of shares calculated as prescribed in the Articles of the industrial association at the most proximate time prior to the approval prescribed in paragraph 1.
4 In case of paragraph 1, if the conference cannot be held or no agreement is reached therein, the association which has received an approval prescribed in the same paragraph may request a decision of the administrative authorities.
5 前項の申請があつたときは、行政廳は、遅滯なく、当事者の意見をきいて、裁定をしなければならない。
5 In case a request prescribed in the preceding paragraph has been made, the administrative authorities shall without delay hear the views of the parties concerned and give its decision.
6 前項の裁定は、その申請の範囲をこえることができない。
6 The decision prescribed in the preceding paragraph shall not proceed beyond the scope of the request.
7 In case a decision prescribed in paragraph 5 has been made, an agreement to the same effect shall be deemed as to have been reached in accordance with the decision between the parties concerned on the day of the decision.
8 行政廳は、第五項の裁定をしたときは、遅滯なく、その旨を当事者に通知しなければならない。
8 When the administrative authorities have made a decision prescribed in paragraph 5, they shall inform the parties concerned to that effect without delay.
9 Those who are not satisfied with the price of the property determined under the provision of paragraph 5, may request an increase in the prices by making an appeal:provided, however, that this provision shall not apply when three months have passed after the day on which the notice prescribed in the preceding paragraph was received.
10 The appeal either for withdrawal of the approval given under paragraph 1 or for cancellation or alteration of the decision rendered under paragraph 5 may not be made at the expiration of three months following the date on which the said approval or the notification under paragraph 8 has been received.
(産業組合連合会からの資産の讓受等)
(Transfer, etc. of Property from the Federation of Industrial Associations)
Article 2. A federation of agricultural cooperative associations and other federations (hereinafter referred to as "federation" , federation of industrial assocations excepted) established in accordance with the Law mentioned in par.1 of the preceding Article, may, with an approval of the administrative authorities and in pursuance of each item mentioned hereinunder in this Article, request the federation of industrial associations to hold a conference concerning the transfer of the property or the transfer of the property and the succession to the liabilities:
(1) Such a federation as its members comprise the whole or a part of the members of the federation of industrial associations and its businesses are similar to those of the said federation of industrial associations may request the said federation of Industrial associations to hold a conference;
(2) Such a federation as its members comprise associations who were transferred the property or took over the property and liabilities from industrial associations under the provisions of the preceding Article and its businesses are similar to those of the federation of industrial associations comprising the said industrial associations, may request the said federation of industrial associations to hold a conference;
(3) Such a federation as its members comprise consumer's livelihood cooperative associations which have been transformed from industrial associations is accordance with the provisions of Article 104 of the Consumer's Livelihood Cooperative Association Law (Law No.200 of 1946) and its businesses are similar to those of the federation of industrial associations comprising the said industrial associations, may request the said federation of industrial associations to hold a conference;
(4) Such a federation as its members comprise associations which were transformed from industrial associations to the urbancredit unions in accordance with the provisions of Article 106 of the Consumer's Livelihood Cooperative Association Law and then became associations other than urban credit unions under other laws prescribed by paragraph 1 of the preceding Article, and its businesses are similar to those of the federation of industrial associations comprising these industrial association, may request the said federation of industrial associations to hold a conference.
2 The provisions in paragraphs 2 to 10 of the preceding Article shall apply mutatis mutandis to the cases mentioned in the foregoing paragraph (except item (2).) In such cases, "the preceding paragraph" in paragraph 2 of the same Article and "paragraph 1" in paragraphs 3, 4, and 10 of the sane Article shall read "Article 2 paragraph 1" ;and "industrial association" in the same Art. pars.2 to 4 inclusive shall read "federation of industrial associations" ; "members of the association" shall read "members" , and "association" shall read "federation" .
3 Tne ratio of the amount of the property to be transferred from a federation of industrial associations to the federation under the provision of paragraph 1 item 2 to the total amount of the property of the federation of industrial association shall not exceed the product of the ratio, which is calculated in pursuance to Article 1 paragraph 2 which shall be applicable mutatis mutandis under the preceding paragraph as to the industrial associations who are members of the federation of industrial associations, multiplied by the ratio equivalent to that calculated in accordance with Art.1 paragraph 2 as for the members of federation who obtained the property or procured the property and took over the liabilities from the industrial association under the provisions of Article 1.
4 To the case as mentioned in paragraph 1 item (2), shall apply mutatis mutandis the provisions of paragraph 3 to paragraph 10 of the foregoing Article. In this case, "paragraph 1" as stated in paragraph 3, paragraph 4, and paragraph 10 of the same Article shall read "Art.2 paragraph 1" ; "the preceding paragraph" as stated in paragraph 3 of the same Article, "Article 2 paragraph 3" ; "industrial association" as stated in paragraph 4 of the same Article shall read "federation" .
(有價証券移轉税及び地方税の免除)
(Exemption from the Securities Transfer Tax and the Local Tax.)
Article 3. In cases where an association or a federation acquires securities by means of transfer of the property as prescribed in Article 1 or the foregoing Article, no securities transfer tax shall be imposed thereon.
2 地方公共團体は、前項の資産の讓受により財産を取得する場合には、地方税を課することができない。
2 When properties are acquired by means of the transfer of the property as mentioned in the foregoing paragraph, local public entities shall not collect local taxes therefrom.
3 In cases where an association, which has been transformed from an industrial association into a consumer's livelihood cooperative association or an urban credit union according to the provisions of Article 104 or Article 106 of the Consumer's Livelihood Cooperative Association Law, succeeds to the properties of the said industrial association, the provisions of the foregoing two paragraphs shall apply thereto mutatis mutandis.
Article 4. When an association or a federation applies for registration regarding the acquisition of rights pertaining to real estates or vessels obtained by transfer in accordance with Article 1 or Article 2, the amount of the registration taxes thereon shall be 0.4 per cent of the values of the real estates or the vessels so obtained. However, when the amount of the registration tax computed according to the Registration Tax Law (Law No.27 of 1896) is less than the amount of the tax computed under this Law, the former shall apply.
2 前項の不動産又は船舶の價格は、産業組合又は産業組合連合会の讓渡直前の帳簿價格による。
2 The values of real estates or vessels as mentioned in the foregoing paragraph shall be commensurate with their book-values immediately prior to their transfer from an industrial association or a federation of industrial associations.
3 In cases where an association, which has been transformed from an industrial association into a consumer's livelihood cooperative association under the provisions of Article 104 of the Consumer's Livelihood Cooperative Association Law, applies for registration as to the acquisition of rights pertaining to the real estates or vessels inherited from the said industrial association, the provisions of the foregoing two paragraphs shall apply thereto.
4 The provisions of paragraph 2 shall apply mutatis mutandis to the Computation of the registration taxes when an association, which has been transformed from an industrial association into an urban credit union under the provisions of Article 106 of the Consumer's Livelihood Cooperative Association Law, applies for registration as to the acquisition of rights pertaining to the real estates inherited from the said industrial association.
Article 5. The term "the administrative authorities" in Articles 1 and 2 shall be taken as "the Minister of Agriculture and Forestry" in cases where the jurisdiction of an industrial association or a federation of industrial associations with which consultation is required in accordance with Article 1 or 2 goes beyond the limits of a prefecture or a special city, and as "a prefectural governor" or "a mayor of a special city" in other cases.
The present Law shall come into force as from the day of its promulgation. However, Articles 3 and 4 shall also be retrospectively applied to the properties transferred to a consumer's livelihood cooperative association or an urban credit union from the industrial association from which the former has transformed itself into such, prior to the day of the enforcement of this Law, in accordance with Article 104 or 106 the Consumer's Livelihood Cooperative Law.
大藏大臣 池田勇人
Minister of Finance IKEDA Hayato
厚生大臣 林讓治
Minister of Welfare HAYASHI Joji
農林大臣 森幸太郎
Minister of Agriculture and Forestry MORI Kotaro
通商産業大臣 稻垣平太郎
Minister of International Trade and Industry INAGAKI Heitaro