Chapter I General Provisions
(Purpose of this Law)
Article 1. The purpose of this Law is, in view of the special character of the private schools, to promote their sound development by guaranteeing their autonomy and enhancing their public nature.
(Definition)
Article 2. In this Law, "Schools" shall mean the schools provided for in Article 1 of the School Education Law (Law No.26 of 1947).
2 In this Law, "miscellaneous schools" shall mean the miscellaneous schools provided for in Article 83 paragraph 1 of the School Education Law.
3 In this Law "private schools" shall mean the private schools established by school Juridical persons.
Article 3. In this Law, "school juridical persons" shall mean the juridical persons established, in accordance with the provisions of this Law, with a view to establishing private schools.
(Competent Authorities)
Article 4. In this Law, the competent authorities shall be governors of To, Do, Fu and prefectures in case of private schools other than private universities and the school juridical persons that establish them, and Minister of Education in case of private universities, the school juridical persons that establish private universities and the school juridical persons that establish both private universities and other schools.
Chapter II Educational Administration in regard to Private Schools
(Powers of the Competent Authorities)
Article 5. The competent authorities shall be invested with the powers listed in the following items over the private schools despite the provisions of Articles 4 and 13 off the School Education Law:
(1) To make approval of the establishment or abolition of private schools (including the establishment or abolition of the ordinary course, the evening course and the course in which teaching is conducted at special period or time of upper secondary schools;the establishment or abolition of faculties and graduate schools of universities, and of the elementary school section, the lower secondary school section, the upper secondary school section and the kindergarten section of schools for the blind, schools for the deaf and schools for the otherwise handicapped;and the establishment or abolition of correspondence courses under the provision of Article 45 of School Education Law (including the cases where it applies mutatis mutandis in Articles 70 and 76 of the same Law));and the change of the establishers of those private schools;
(2) To order the closing of private schools in cases where they have violated the provisions of laws and orders or in cases where they have acted against the orders given by the competent authorities in accordance with the provisions of laws and orders, or in cases where they have not conducted teaching for more than six months.
2 Article 14 of the School Education Law shall not apply to the private schools.
(Submission of Reports)
Article 6. The competent authorities may request private schools to submit necessary reports concerning educational research, statistics and others.
(Functions of Governors of To, Do, Fu or Prefectures)
Article 7. The governor of To, Do, Fu or prefecture shall handle the following functions concerning private schools other than private universities, besides those provided for in this Chapter:
(1) Functions concerning the certificates of principals including the heads of kindergartens and teachers performed in accordance with the Educational Personnel Certification Law (Law No.147 of 1949) and the Enforcement Law of the Educational Personnel Certification Law (Law No.148 of 1949);
(2) Authorization of the text-books in compliance with the standards fixed by the Minister of Education in accordance with provisions of the School Education Law.
(Inquiry to Private School Council or Private University Council)
Article 8. The governor of To, Do, Fu or prefecture in performing the functions listed in each item of Article 5 in regard to private schools other than private universities, shall hear the opinion of the Private School Council in advance.
2 The Minister of Education, in performing the functions listed in each item of Article 5 (excluding the matters to be inquired to the University Chartering Council in accordance with the provision of Article 60 paragraph 1 of the School Education Law) shall hear the opinion of the Private University Council in advance.
(Private School Council)
Article 9. The Private School Council shall be established in each To, Do, Fu or prefecture in order to make it discuss the matters placed under its powers in accordance with the provisions of this Law.
2 The Private School Council may make suggestions to the governor of To, Do, Fu or prefecture on the important matters concerning private schools other than private universities, and private miscellaneous schools.
(Members of Council)
Article 10. The Private School Council shall consist of the number of the members to be determined by the governor of To, Do, Fu or prefecture which shall not exceed 20 but not be less than 10.
2 Members of the Council shall be appointed by the governor of To, Do, Fu or prefecture from among those listed in the following items:
(1) The principals of private elementary schools, lower secondary schools or upper secondary schools, heads of private kindergartens, within the area of To, Do, Fu or prefecture concerned, the teachers thereof, or the directors of school juridical persons that establish the abovementioned schools;
(2) Persons of learning and experience.
3 The governor of To, Do, Fu or prefecture shall determine the fixed number respectively in such a manner that the number of members to be appointed from among those provided for in item (2) of the preceding paragraph shall be one-third or less of the number of members to be appointed from among those provided for in item (1) of the same paragraph.
4 The governor of To, Do, Fu or prefecture may, regardless of the provision of paragraph 2 item (1), appoint one out of the fixed number of members to be appointed from among those provided for in the same item, from among the principals or teachers of the private schools for the blind, schools for the deaf, schools for the otherwise handicapped or the miscellaneous schools within the area of To, Do, Fu or prefecture concerned, or from among the directors of school juridical persons that establish those schools or those of juridical persons under Article 64 paragraph 4 within the same area.
5 Of the members to be appointed from among those provided for in paragraph 2 item (1) or in the preceding paragraph, the number of those who are appointed from among the directors other than those who are principals or kindergarten heads, or teachers shall not exceed half of the fixed number of members to be appointed from among those provided for in paragraph 2 item (1).
(Recommendation of Candidates for the Members)
Article 11. When the members are to be appointed by the governor of To, Do, Fu or prefecture from among those provided for in paragraph 2 item (1) of the preceding Article, the appointment shall, in case there is an organization the purpose of which is to improve and promote the education in general of the private schools other than private universities located in the area of To, Do, Fu or prefecture concerned and which is constituted with two-thirds or more of the total number of these private schools, be made from among the candidates recommended by that organization. The said organization, however, shall be such as the number of school-children and pupils enrolled in the private schools which constitute the said organization is more than two-thirds of the total number of school-children and pupils enrolled in the private schools other than private universities located in the area of To, Do, Fu or prefecture concerned.
2 The number of candidates to be recommended by the organization under the preceding paragraph in accordance with the provision of the same paragraph shall be 1.5 or more times the fixed number of the members to be appointed from among those provided for in paragraph 2 item (1) of the preceding Article.
3 The governor of To, Do, Fu or prefecture shall fix the period not shorter than one month and ask the organization under paragraph 1 to make the recommendation of the candidates provided for in the same paragraph within that period. In case, however, the candidates are not recommended within that period, the governor may appoint ex officio the members, regardless of the provision of paragraph 1.
4 In case there are two or more of the private school organizations which come under the provision of paragraph 1, the organization that has the greatest number of private schools as its constituent members shall be asked to recommend the candidates.
5 In case there are two or more of the private school organizations which come under the provision of the preceding paragraph, those organizations shall be asked to recommend respectively the same number of candidates provided for in paragraph 2.
6 The provisions of the preceding five paragraphs shall apply mutatis mutandis to the recommendation of substitute members to fill up vacancies that occur in the members appointed from among those provided for in paragraph 2 item (1) of the preceding Article. In this case, "the fixed number of the members" in paragraph 2 shall read "the number of substitute members" .
(Term of Office of the Members)
Article 12. The term of office of the members of the Private School Council shall be four years. However, the term of office of the substitute members in case of vacancies, shall be the remainder of the term of office of their predecessors.
2 Members of the Council can be re-appointed.
(Chairman of the Council)
Article 13. The Private School Council shall have a chairman.
2 The member elected by mutual vote of the members shall be appointed chairman by the governor of To, Do, Fu or prefecture.
3 The chairman shall preside over the affairs of the Council.
(Release of the Members from their Office)
Article 14. The governor of To, Do, Fu or prefecture may, after the deliberation of the Private School Council release the members of the said Council from their office, when they are recognized to be unable to discharge their duties on account of mental or physical impediment, or to have come to lack in qualifications necessary for the members.
(Restriction on Participation in the Proceedings)
Article 15. The members of the Private School Council shall not participate in the decision in the proceedings of the matters concerning the personal affairs of their own, their spouses, or their relatives within the third degree of relationship, or the matters concerning the schools, the miscellaneous schools, the school juridical persons or the juridical persons under Article 64 paragraph 4, in which they are concerned. However, they shall not be prevented from attending the conferences and getting the floor.
(Compensation for the Expenses of the Members)
Article 16. The members of Private School Council may receive the compensation for the expenses required for carrying out their duties.
2 Expenses under the preceding paragraph shall be borne by To, Do, Fu or prefecture.
3 The amount of the compensation for the expenses and the method of its payment shall be provided for by the by-law of To, Do, Fu or prefecture.
(Details of Operation)
Article 17. The procedures for the proceedings and other necessary matters other than those provided for in this Law concerning the operation of the Private School Council shall be prescribed by the Private School Council after getting the approval of the governor of To, Do, Fu or prefecture.
(Private University Council)
Article 18. The Private University Council shall be established in the Ministry of Education in order to discuss the matters placed under its powers in accordance with the provisions of this Law.
2 The Private University Council may make suggestions to the Minister of Education on the important matters concerning private universities.
(Members of the Council)
Article 19. The Private University Council shall consist of twenty members.
2 The members of the Council shall be appointed by the Minister of Education from among those listed in each of the following items:
(1) The presidents or teachers of private universities, or the directors of school juridical persons that establish private universities.
(2) Persons of learning and experience.
3 The Minister of Education shall determine the fixed number respectively in such a manner that the number of members to be appointed from among those provided for in item (2) of the preceding paragraph shall be one-third or less of the number of members to be appointed from among those provided for in item (1) of the same paragraph.
4 Of the members to be appointed from among those provided for in paragraph 2 item (1), the number of those who are appointed from among the directors other than those who are presidents or teachers shall not exceed half of the fixed number of the members who are appointed from among those provided for in the same item.
(Recommendation of the Candidates of the Members)
Article 20. When the members are to be appointed by the Minister of Education from among those provided for in paragraph 2 item (1) of the preceding Article, the appointment shall, in case there is an organization the purpose of which is to improve and promote the education in general of the private universities and which is constituted with two-thirds or more of the whole number of the private universities, be made from among the candidates recommended by that organization. The said organization, however, shall be such as the number of students enrolled in the private universities which constitute the organization is more than two-thirds of the whole number of students enrolled in the private universities.
2 The provisions of Article 11 paragraphs 2 to 6 inclusive shall apply mutatis mutandis to the recommendation of the candidates of the members of the Private University Council. In this case, "governor of To, Do, Fu or prefecture" in paragraph 3 of the same Article shall read "Minister of Education" , and "private schools" in paragraphs 4 and 5 of the same Article shall read "private universities" .
(Dismissal of the Members)
Article 21. In case the Minister of Education is going to dismiss any member of the Private University Council against his will, or dismiss him for the purpose of disciplinary punishment, he shall hear the opinion of the Private University Council.
(Compensation for the Expenses of the Members)
Article 22. The members of the Private University Council shall be of part-time service.
2 The members of the Council shall receive no remuneration for their duties. They may, however, receive the compensation for the expenses required for carrying out their duties.
3 The amount of the compensation for the expenses and the method of its payment shall be determined by the Minister of Education after consulting with the Minister of Finance.
(Miscellaneous Affairs)
Article 23. The miscellaneous affairs of the Private University Council shall be disposed of in the Administrative Bureau of the Ministry of Education.
(Provisions to Apply Mutatis Mutandis)
Article 24. The provisions of Articles 12, 13, 15 and 17 shall apply mutatis mutandis to the Private University Council.In this case, "the governor of To, Do, Fu or prefecture" in Article 13 paragraph 2 and Article 17 shall read "the Minister of Education" .
Chapter III School Juridical Person
Section 1 General Provisions
(Property)
Article 25. School juridical persons shall have necessary equipment and facilities for the private schools they establish, or funds necessary for them as well as properties necessary for the management of the private schools they establish.
2 The standards regarding the equipment and facilities necessary for the private schools provided for in the preceding paragraph shall be as provided for by a law separately.
(Enterprise)
Article 26. Any school juridical person may conduct enterprises that aim at profits in order to use the profits for the management of the private schools, so long as they do not interfere with the educational purposes of the school it establishes.
2 The kinds of the enterprises under the preceding paragraph shall be determined by the competent authorities, after hearing the opinions of the Private School Council or the Private University Council. The competent authorities shall give a public notice of the kinds of such enterprises.
3 The accounts of the enterprises under paragraph 1 shall be strictly separated from the accounts for the management of the private school established by the school juridical person concerned, and shall be handled as special accounts.
(Address)
Article 27. The address of a school juridical person shall be where its main office is located.
(Registration)
Article 28. School juridical persons shall register themselves in accordance with the provisions of Cabinet Order.
2 Any matter which is required to be registered in accordance with the provision of the preceding paragraph can not be set up against a third person until after the registration has been effected.
3 The registry office shall give a public notice of the registered matters without delay.
(Provisions to Apply Mutatis Mutandis)
Article 29. The provisions of Articles 43 and 44 (Capacity of Enjoyment of Rights and of Illegal Acts of a Juridical Person) of the Civil Code (Law No.89 of 1896) shall apply mutatis mutandis to a school juridical person.
section 2 Establishment
(Application)
Article 30. Any person who intends to establish a school juridical person shall stipulate at least the following items by an act of endowment for the purpose of establishing a school juridical person, and apply for the approval of the competent authorities concerning the said act of endowment, in compliance with the procedures provided for in Ministry of Education Ordinance:
(3) Name of the private school to be established;
(4) Location of the office;
(5) Provisions concerning officers;
(6) Provisions concerning the board of councillors and the councillors;
(7) Provisions concerning property and accounts;
(8) Provisions concerning the kind of enterprise and other matters regarding the enterprise, in case the school juridical person performs an enterprise that aims at profits;
(9) Provisions concerning dissolution;
(10) Provisions concerning the changes in the act of endowment;
(11) Method of giving a public notice.
2 The officers at the time of the establishment of a school juridical person shall be stipulated by the act of endowment.
3 In case a provision is to be included in the provisions mentioned in paragraph 1 item (9) concerning the person to whom the ownership of the residue shall belong, it shall be so made as to proviie that the said person shall be selected from among school juridical persons or other persons engaging in educational undertakings.
(Authorization)
Article 31. The competent authorities, when there was the application under the provision of paragraph 1 of the preceding Article, shall decide upon the authorization of the act of endowment, after examining whether or not the property of the school juridical person concerned fulfils the requirements under Article 25, or whether or not the contents of the act of endowment are against the provisions of laws and orders.
2 When the competent authorities authorize the act of endowment in accordance with the provision of the preceding paragraph, they shall hear the opinion of the Private School Council or the Private University Council in advance.
(Supplementation of the Act of Endowment)
Article 32. In case a person who intended to establish a school juridical person has deceased without determining the matters designated in any of the items of Article 30 paragraph 1, except the items concerning the object and the property of the said juridical person, the competent authorities shall determine those matters by the request of those who are interested therein.
2 The provision of paragraph 2 of the preceding Article shall apply mutatis mutandis to the case under the preceding paragraph.
(Time of Establishment)
Article 33. A school juridical person shall come into existence when it has effected the registration, in accordance with the provisions of Cabinet Order, in the place where its main office is located.
(Provisions to Apply Mutatis Mutandis)
Article 34. The provisions of Articles 41 (Application of the Provisions relating to Donation and Bequest) and 42 (Ownership of Endowed Property), and Article 51 paragraph 1 (Inventory)(that part only which is related to the time of the establishment of a juridical person) of the Civil Code shall apply mutatis mutandis to the establishment of a school juridical person. In this case, "the time when the establishment of a juridical person is authorized" in Article 42 paragraph 1 of the same Law shall read "the time when a school juridical person comes into existence."
Section 3 Administration
(Officers)
Article 35. A school juridical person shall have five directors or more and two inspectors or more, as the officers.
2 One of the directors shall be the chief director in accordance with the stipulations of the act of endowment.
(Decision of the Businesses)
Article 36. The businesses of a school juridical person shall be decided by a majority vote of the directors, unless otherwise stipulated in the act of endowment.
(Duties of Officers)
Article 37. The directors shall represent a school juridical person in all the businesses thereof. The right of their representation, however, may be limited by the act of endowment.
2 The chief director shall perform the duties provided for in this Law, and preside over other businesses inside the school juridical person.
3 In case the chief director is prevented from discharging his duties, or in case his position becomes vacant, another director shall act for him of perform his duties, in accordance with the stipulations of the act of endowment.
4 The duties of inspectors shall be as follows:
(1) To inspect the state of property of the school juridical person;
(2) To inspect the business management of the directors;
(3) To made reports of tie defects they found when they inspected the state of property and the business management of the directors, to the competent authorities or to the board of councillors;
(4) To request, the chief director to convene a meeting of the board of councillors, when deemed necessary for making the reports under the preceding item;
(5) To express opinions about the state of property or the business management of the directors to the directors.
(Selection of Officers)
Article 38. Those who are to bocome directors shall be those listed in the following items:
(1) The principal of the private school established by the school juridical person concerned (including the president of a university and the head of a kindergarten;the same shall apply hereinafter);
(2) Those who are selected from among the councillors in accordance with the stipulations of the act of endowment (including those who are stipulated in the act of endowment;the same shall apply in this paragraph and Article 44 paragraph 1);
(3) Besides those provided for in the prededing items those who are selected in accordance with stipulations of the act of endowment.
2 In casa a school juridical person establishes two or more schools, regardless of the provisions of item (1) of the preceding Paragraph, one or more of the principals may be made directors in accordance with the stipulations of the act of endowment.
3 The director provided for in paragraph 1 items (1) and (2) shall lose his position as director, in case he has retired from the position of principal or councillor.
4 Among officers shall not he included more than one of the relatives within the third degree of relationship including spouse, of each officer.
5 The provisions of Article 9 of the School Education Law (Causes of the Disqualification of Principals and Teachers) shall apply tnutatis mutandis to the officers.
(Prohibition of Officers'Holding Additional Position)
Article 39. No inspector shall hold concurrently the position of director or any other position (including that of principal, teacher and other personnel of the private school established by the school juridical person concerned;the same shall apply hereinafter) of a school juridical person.
(Supplementation of Officers)
Article 40. Directors or inspectors shall be supplemented within a month, in case over one-fifth of the fixed number of them has become vacant.
(Board of Councillors)
Article 41. A school juridical person shall have a board of councillors.
2 The board of councillors shall be composed of the councillors whose number shall be more than twice the fixed number of directors.
3 The board of councillors shall be convened by the chief director.
4 The board of councillors shall have a chairman.
5 The chief director shall convene a meeting of the board of councillors, when requested by one-third or more of the whole number of councillors stating the matters to be discussed at the meeting, within twenty days from the day when the request is made.
6 The board of councillors can not open its proceedings and make decisions, unless a majority of the councillors are present.
7 The proceedings of the board of councillors shall be decided by a majority vote of the members present, and, in case of a tie, the decision shall be made by the chairman.
8 In the case under the preceding paragraph, the chairman shall not participate in the decision as a councillor.
Article 42. With regard to the matters listed below, the chief director shall hear the opinion of the council in advance:
(1) Matters concerning budget, loans (excluding the temporary loans redeemable with the income of the current fiscal year) and disposal of important property;
(2) Changes in the act of endowment;
(4) Dissolution effected by the cause mentioned in Article 50 paragraph 1 item (1)(excluding the cases where the decision of the council is necessary) and item (3);
(5) Important matters concerning the enterprises that aim at profits;
(6) Other important matters concerning the business of the school juridical person which are stipulated in the act of endowment.
2 Matters listed in each of the items of the preceding paragraph may be made matters that need the decision of the board of councillors by the stipulations of the act of endowment.
Article 43. The board of councillors may express its opinions to the officers, answer their inquiries, or demand their reports, concerning the businesses, the state of property, or the business management of the officers of the school juridical person.
(Selection of Councillors)
Article 44. Those who are to become councillors shall be those listed in the following items:
(1) Those who are selected from among the personnel of the school juridical person concerned in accordance with the stipulations of the act of endowment;
(2) Those who are selected from among the graduates, over 25 years of age or older, of the private school established by the school juridical person in accordance with the stipulations of the act of endowment;
(3) Besides those provided for in the preceding items, those who are selected in accordance with the stipulations of the act of endowment.
2 Any councillor provided for in item (1) of the preceding paragraph shall lose his position as councillor, in case he has retired from his position as personnel.
(Authorization of the Changes in the Act of Endowment)
Article 45. The changes in the act of endowment shall not become effective unless they are authorized by the competent authorities.
(Report of Settlement of Accounts to the Board of Councillors)
Article 46. The chief director shall report the settlement of accounts to the board of councillors within two months after the closing of every fiscal year, and ask for the opinion thereof.
(Providing the Inventory, etc.)
Article 47. The school juridical person shall prepare the inventory of property, the balance sheet, and the statement of accounts for revenue and expenditure within two months after the closing of every fiscal year, and shall provide every office with a copy of these to be kept there always.
(Fiscal Year)
Article 48. The fiscal year of a school juridical person shall begin on April 1, and end on March 31 of the next year.
(Provisions to Apply Mutatis Mutandis)
Article 49. The provisions of Articles 54 to 57 inclusive of the Civil Code (Limitation and Delegation of the Representative Right, Temporary Director, Special Deputy) shall apply mutatis mutandis to the school juridical person. In this case, "Court of justice, upon request of those who are interested therein, or of a public procurator," in Article 56 of the same Code shall read "competent authorities, upon request of those who are interested therein, or ex officio" .
Section 4 Dissolution
(Causes of Dissolution)
Article 50. A school juridical person shall be dissolved by any of the following causes:
(1) Agreement by two-thirds or more of the directors, and, where it is stipulated in the act of endowment that the decision of the board of councillors is necessary in addition, its decision;
(2) Occurrence of the causes for dissolution stipulated in the act of endowment;
(3) Impossibility of the success of the undertaking which is the object;
(4) Amalgamation with other school juridical person or with juridical person under Article 64 paragraph 4;
(6) Order of the competent authorities for dissolution under the provision of Article 62.
2 The dissolution by any of the causes listed in items (1) and (3) of the preceding paragraph shall not become effective unless the authorization or recognition of the competent authorities is obtained.
3 The provision of Article 31 paragraph 2 shall apply mutatis mutandis to the case of authorization or recognition under the preceding paragraph.
4 In case of dissolution by the cause designated in paragraph 1 item (2) or (5) the liquidator must report the competent authorities to that effect.
(Ownership of Residue)
Article 51. The ownership of the residue of the dissolved school juridical person excepting the cases of amalgamation and bank ruptcy, shall be transferred to the person to whom, it ought to belong in accordance with the stipulations of the act of endowment, at the time when the completion of liquidation is reported to the competent authorities.
2 Properties not disposed of in accordance with the provision of the preceding paragraph shall belong to the National Treasury.
3 The State shall transfer or loan gratis to a school juridical person the properties (money excluded) that have come to belong to the National Treasury in accordance with the provision of the preceding paragraph, in order to aid private school education. However, the State may, instead, disburse the amount of money corresponding to the value of the said properties, as the subsidy under the provision of Article 59 paragraph 1.
4 In case a property which has come to belong to the National Treasury in accordance with the provision of paragraph 2 is money, the State shall take the action under the proviso to the preceding paragraph with regrard to the amount of the money in question.
5 Properties (money excluded) which have come to belong to the National Treasury in accordance with the provision of paragraph 2 shall be under the custody of the Minister of Education, and the disposition under the principal text of paragraph 3 shall be made by the Minister of Education. In case, however, the action under the proviso to the same paragraph has been taken regarding the said properties, these properties shall be transferred to the custody of the Minister of Finance.
(Procedures for Amalgamation)
Article 52. When a school juridical person intends to amalgamate consent of two-thirds or more of the directors shall be required. In case, however, it is stipulated in the act of endowment that the decision of the board of councillors is necessary, the said decision shall be required in addition.
2 Amalgamation shall not become effective unless the authorization of the competent authorities is obtained.
Article 53. When the authorization of the competent authorities provided for in paragraph 2 of the preceding Article is obtained, an inventory of the property and a balance sheet shall be prepared within two weeks after the day when the authorization is notified.
2 A school juridical person shall give a public notice within the period under the preceding paragraph to its creditors to the effect that they shall raise objection, if any, in a certain definite period of time, and, with respect to the known creditors, it shall call for objection individually. The definite period of time, however, shall not be less than two months.
Article 54. When the creditors did not raise any objection to the amalgamation within the period of time under paragraph 2 of the preceding Article, the amalgamation shall be deemed to have been approved.
2 When the creditors raised objection, the school juridical persons shall make payment or offer adequate security to them, or leave adequate property in trust of a trust company or a bank carrying on trust business for the purpose of making such creditors receive payment.
Article 55. When a school juridical person is to be established by amalgamation the act of endowment and other businesses concerning the establishment of the school juridical person shall be performed by the cooperation of those who were selected by all the school juridical persons concerned or the juridical persons under Article 64 paragraph 4.
(Effect or Amalgamation)
Article 56. The school juridical person which continues to exist after the amalgamation or the school juridical person which has been established in consequence of the amalgamation shall succeed to the rights and obligations of the school juridical persons or the juridical persons under Article 64 paragraph 4, which have ceased to exist in consequence of the amalgamation (including such rights and obligations as the said school juridical persons or the juridical persons under Article 64 paragraph 4 possess regarding their enterprises in accordance with the authorization or any other disposition of the competent authorities).
(Time of Amalgamation)
Article 57. The amalgamation of school juridical persons shall become effective, when registration is effected, in accordance with the provisions of Cabinet Order, at the place where the main office of the school juridical person that continues to exist after the amalgamation or of the juridical person that is newly established in consequence of the amalgamation is located.
(Provisions to Apply Mutatis Mutandis)
Article 58. The provisions of Articles 70, 73 to 76 inclusive, Article 77 paragraph 2 (only the part related to reporting) and Articles 78 to 83 inclusive (Dissolution and Liquidation of a Juridical Person) of the Civil Code, and Article 35 paragraph 2, Articles 36, 37-(2), Articles 136 to 137 inclusive and Article 138 (Supervision over the Liquidation of a Juridical Person) of the Non-Litigant Case Procedure Law (Law No.14 of 1898) shall apply mutatis mutandis to the dissolution and the liquidation of a school juridical person. In this case, "the government offices in charge thereof" in Article 77 paragraph 2 and Article 83 of the Civil Code shall read "the competent authorities."
Section 5 Aid and Supervision
(Aid)
Article 59. To school juridical persons which applied for assistance, in accordance with the procedure to be provided for by Ministry of Education Ordinance or the by-law of the local public entity concerned, the State or a local public entity may, if deemed necessary for the promotion of education, grant subsidies, or make loans, transfer or lease other properties, with conditions more favorable to school juridical persons than those in ordinary cases, in order to give aid to private school education. However, provisions of the National Property Law (Law No.73 of 1948) and that of Article 8 paragraph 1 of the Local Finance Law (Law No.109 of 1948) shall not be precluded from application.
2 The State or a local public entity shall, in giving:aid to a school juridical person in accordance with the provision of the preceding paragraph or Article 51 paragraph 3, examine whether or not the purpose of giving aid is to be effectively attained with regard to the conditions of the private school established by the said school juridical person.
3 The competent authorities shall have such powers as listed in each of the following items over the school juridical persons to whom the aid is given under the provision of paragraph 1 or Article 51 paragraph 3:
(1) To require the school juridical person concerned to submit the reports of its business or the state of its accounts, in case they deem it necessary concerning giving aid;
(2) To recommend that necessary alterations should be made in the budget, in case the budget of the said school juridical person is inappropriate in the light of the purpose of giving aid;
(3) To recommend that the officers of the school juridical person should be dismissed from their offices, in case the officers have violated the provisions of laws or orders, the dispositions made by the competent authorities in accordance with the provisions of laws or orders, on the act of endowment.
4 In case the State or a local public entity has given aid to a school juridical person in accordance with the provision of paragraph 1 or Article 51 paragraph 3, the State or the local public entity shall cease to give further aid to the school juridical person, if the competent authorities have recognized that the private school established by the school juridical person concerned has come not to fulfil the conditions which it had fulfilled at the time of the decision for giving aid and become inappropriate to continue to receive aid, or if the said school juridical person did not comply with the measures of the competent authorities taken in accordance with the provision of the preceding paragraph.
5 The Minister of Education or the chief of a local public entity may express his opinion to the competent authorities concerning whether or not the aid which the State or the said local public entity has given to a school juridical person in accordance with the provision of paragraph 1 or Article 51 paragraph 3 is effectively attaining its aim.
6 In case the competent authorities intend to take measures or make recognition under the provision of paragraph 3 item (2) or (3) or paragraph 4, they shall, in advance, give notice thereof to the directors of the school juridical person concerned or to the officers to be dismissed in order to give them an opportunity for defending themselves, and, at the same time, hear the opinion of the Private School Council or the Private University Council. In this case, the directors or the officers of the said school juridical person or their proxies may defend themselves against the competent authorities or attend the meeting of the Private School Council or the Private University Council to defend themselves.
(Exemption from Taxes)
Article 60. The income tax and juridical person tax shall not, be imposed upon the income of a school juridical person, except upon what is accrued from the enterprises aiming at profits.
(Suspension of the Enterprise)
Article 61. The competent authorities may order a school juridical person that conducts enterprises which aim at profits in accordance with the provision of Article 26 paragraph 1 to suspend its enterprises, when they recognize that there is a cause to fall under any of the following items:
(1) That the enterprises other than those stipulated in the act of endowment are conducted by the school juridical person concerned;
(2) That profits accrued from the enterprises are used for objects other than that of the management of the private school established by the school juridical person concerned;
(3) That the continuation of the enterprises in question interferes with education of the private school established by the school juridical person concerned.
(Order of Dissolution)
Article 62. The competent authorities may order dissolution of a school juridical person, in case it has violated the provisions of laws and orders, or the dispositions made by the competent authorities in accordance with the provisions of laws and orders, only when the object of supervision cannot be attained by any other means.
(Hearing Opinions, etc.)
Article 63. The provision of Article 59 paragraph 6 shall apply mutatis mutandis to the cases of dispositions under the provisions of the preceding two Articles.
Chapter IV Miscellaneous Provisions
(Private Miscellaneous Schools)
Article 64. The provisions of Articles 4 to 6 inclusive, and Article 8 paragraph 1 shall apply mutatis mutandis to private miscellaneous schools. In this case, "private schools other than private universities" in Article 4 and in Article 8 paragraph 1 shall read "private miscellaneous schools" .
2 A school juridical person may establish miscellaneous schools besides schools.
3 When the provisions of Chapter III apply to a school juridical person that establishes miscellaneous schools in accordance with the provision of the preceding paragraph, private schools in the provisions of the same Chapter shall include private miscellaneous schools.
4 Any person who intends to establish a miscellaneous school may establish a school juridical person that aims only at establishing a miscellaneous school.
5 The provisions of Chapter III (including the penal provisions related to that Chapter) shall apply mutatis mutandis to the juridical person under the preceding paragraph. In this case, "private school" in the same Chapter shall read "private miscellaneous schools" .
6 Any school juridical person or any juridical person under paragraph 4 may respectively become a juridical person under paragraph 4 or a school juridical person, in case it has effected the necessary changes in act of endowment and obtained the authorization of the competent authorities.
7 The provisions of Articles 31 and 33 (including the cases where they apply mutatis mutandis in paragraph 5) shall apply mutatis mutandis to the case under the preceding paragraph.
(Prohibition of the Use of Similar Title)
Article 65. Any person other than school juridical person shall not use the appellation of school juridical person in his title. However, this shall not apply to the juridical person under paragraph 4 of the preceding Article.
Chapter V Penal Provisions
Article 66. The directors, inspectors or liquidators of a school juridical person shall be punished with a non-criminal fine not exceeding ten thousand yen, in case they come under any of the following items:
(1) In case they have neglected the registration under the provisions of the Cabinet Order based upon this Law, or registered a false fact;
(2) In case they have neglected to provide an inventory of property under the provision of Article 51 paragraph 1 of the Civil Code that applies mutatis mutandis in Article 34, failed to enter matters which should be entered therein, or made a false statement therein;
(3) In case they have neglected to provide the documents under the provision of Article 47, failed to enter matters which should be entered therein, or made a false statement therein;
(4) In case they have violated the provisions of Article 53 and Article 54 paragraph 2;
(5) In case they have neglected to make an application for adjudication of bankruptcy under the provision of Article 70 or Article 81 praragraph 1 of the Civil Code that applies mutatis mutandis in Article 58;
(6) In case they have neglected to give public notice under the provision of Article 79 paragraph 1 or Article 81 paragraph 1 of the Civil Code that applies mutatis mutandis in Article 58 or has given public notice of a false fact;
(7) In case they have conducted enterprises in violation of the order under the provision of Article 61.
Article 67. Those who have violated the provision of Article 65 shall be punished with a non-criminal fine not exceeding five thousand yen.
Supplementary Provisions:
1. This Law shall come into force as from the date three months after the day of its promulgation.
2. Foundational juridical persons under the Civil Code which are actually maintaining private schools (private schools which continue to exist in accordance with the provision of Article 98 of the School Education Law included) and private schools which continue to exist in accordance with the provision of Article 98 of the School Education Law and are foundational juridical persons under the Civil Code at the time of the enforcement of this Law, (to be referred to wholly as "foundational juridical persons" hereinafter) may become school juridical persons by reorganizing themselves within a year after the day of the enforcement of this Law.
3. In order that a foundational juridical person becomes a school juridical person by reorganizing itself in accordance with the provision of the preceding paragraph, it shall make changes in the act oc endowment necessary for its reorganization in accordance with the stipulations of the act of endowment of the foundational juridical person and obtain the authorization of the competent authorities. In this case, even when there is no stipulation in the act of endowment of the foundational juridical person concerning changes in the act of endowment, changes may be made in the act of endowment in compliance with the procedures determined by the directors after obtaining the approval of the competent authorities.
4. The reorganization under the preceding paragraph shall become effective when the registration thereof is effected in the place where the main office of the school juridical person is located.
5. Necessary matters concerning the registration under the provision of the preceding paragraph shall be provided for by Cabinet Order.
6. Foundational juridical persons under the Civil Code which actually exist at the time of the enforcement of this Law and which are maintaining only miscellaneous schools may become juridical persons under Article 64 paragraph 4 by reorganizing themselves within the period under paragraph 2.
7. The provisions of paragraphs 3 to 5 inclusive shall apply mutatis mutandis to the case under the preceding paragraph.
8. In the provisions of Article 4, Article 9 paragraph 2, Article 10 paragraph 2 item (1), Article 11, Article 18 paragraph 2, Article 19 paragraph 2 item (1), and Article 20, private schools, private upper secondary school and private universities shall include respectively the private schools, the private secondary schools, and the private universities (the preparatory courses of the universities included), higher schools and colleges that continue to exist in accordance with the provision of Article 98 of the School Education Law.
9. In the provisions of Article 10 paragraph 2 item (1) and paragraph 4, Article 15 and Article 19 paragraph 2 item (1), school juridical persons shall include foundational juridical persons during the period under paragraph 2.
10. In case a foundational juridical person has become a school juridical preson by reorganizing itself in accordance with the provision of paragraph 2, the said school juridical person may consecutively maintain the school concerned, if the said foundational juridical person has been maintaining a private school which continues to exist in accordance with the provision of Article 98 or if it has been a private school which continues to exist in accordance with the provision of the same Article.
11. When the provisions of Chapter III apply to a school juridical person that maintains a school under the preceding paragraph in accordance witn the provision of the same paragraph, private schools mentioned in the provisions of the same Chapter shall include schools under the preceding paragraph.
12. In Article 5 item (1), "Article 45 of the School Education Law (including the cases where it applies mutatis mutandis in Articles 70 and 76 of the same Law)" shall read, for the time being, "Article 45 of the School Education Law (including the cases where it applies mutatis mutandis in Articles 70 and 76 of the same Law) and Article 105 of the same Law" .
13. The functions concerning the authorization of textbook as provided for in Article 7 item (2) shall be performed by the Minister of Education, until the system of paper allocation is abolished.
14. The term of office for the half of the number of the members (fraction incidental to the half of the number being cut off when the fixed number of the members is odd) of the Private School Council and of the Private University Conucil who are appointed for the first time after the enforcement of this Law shall be two years, regardless of the provision of Article 12 paragraph 1 (including the cases where it applies mutatis mutandis in Article 24).
15. The members whose term of office shall be two years in accordance with the provision of the preceding paragraph shall be determined by lot.
16. The equipment and facilities which shall be possessed by a school juridical person or a juridical person under Article 64 paragraph 4, shall be as heretofore, regardless of the provision of Article 25 paragraph 2 (including the cases where it applies mutatis mutandis in Article 64 paragraph 5), until such time as a law which provides for the equipment and facilities of schools separately is enacted and enforced.
17. Those who are actually using the term "school juridical person" in their title at the time of the enforcement of this Law may use it, regardless of the provision Article 65 for the period of three months after the day of the enforcement of this Law.
18. The School Education Law shall be partially amended as follows:
In Article 2 paragraph 1, "incorporations provided for in a separate law" shall be amended as "school juridical persons provided for in Article 3 of the Private School Law (hereinafter to be referred to as school juridical persons)" , and "incorporations provided for in the separate law" in paragraph 2 of the same Article shall be amended as "school juridical persons" .
Article 15 shall be amended as follows:
In Article 34, "the prefectural competent authorities" shall be amended as "governor of To, Do, Fu or prefecture" .
The following one paragraph shall be added to Article 84:
The prefectural competent authorities shall be the governor of To, Do, Fu or prefecture, in case what is recognized as conducting education of a miscellaneous school is maintained by a private person.
Article 102 shall be amended as follows:
Article 102. Private schools for the blind, private schools for the deaf, private schools for the handicapped or private kindergartens shall not be required, for the time being, to be established by school juridical persons, regardless of the provision of paragraph 1 of Article 2.
Private schools which actually exist at the time of the enforcement of the Private School Law may be established by foundational juridical persons under the provisions of the Civil Code, regardless of the provision of paragraph 1 of Article 2 within the period of one year after the day of the enforcement of the Private School Law.
19. The Ministry of Education Establishment Law (Law No.146 of 1949) shall be partially amended as follows:
In Article 12 paragraph 1 item (4), "by the law providing for private schools separately" shall be amended as "by the Private School Law (Law No.270 of 1949)" .
In Article 24 paragraph 1, "Japanese Language Council To make research and deliberation on matters concerning the Japanese Language." shall be amended as
"Japanese Language Council |
To make research and deliberation on matters concerning the Japanese Language. |
Private University Council |
To make research and deliberation, upon inquiry of the Minister of Education, on matters provided for in the Private School Law, concerning private universities and school juridical persons that establish private universities, and to make suggestions to the Minister of Education on important matters concerning, private universities." |
20. The Registration Tax Law (Law No.27 of 1896) shall be partially amended as follows:
In Article 19 paragraph 7, "school juridical persons" shall be added next to "Japan Scholarship Society" and "Private School Law" shall be added next to "Japan Scholarship Society Law" .
21. The Local Tax Law (Law No.110 of 1948) shall be partially amended as follows:
In Article 63 paragraph 1, "and the school juridical persons under Article 3 of the Private School Law (Law No.270 of 1949), and the juridical persons under paragraph 4 of Article 64 of the same Law" shall be added next to "juristic persons under Article 34 and religious juristic persons."