(Scope of Business)
Article 17. In order to attain the aims enumerated in Article 1, the Corporation shall conduct the loaning of funds necessary for construction of dwelling units (including purchase of dwelling units newly built and not yet provided for the use of dwelling;hereinafter the same) to those enumerated below:
(1) A person who is in need of a dwelling unit for his own dwelling use;
(2) Housing Association established under the Housing Association Law (Law No.66 of 1921), (hereinafter referred to as the "Housing Association" );
(3) Corporation or other juridical person who conducts the business of constructing and renting dwelling units to those who need dwelling units for their own dwelling use.
2 In case a person enumerated in each of the items of the preceding paragraph needs to acquire the site or leasehold in connection with construction of the dwelling unit, the Corporation may extend loans necessary for the acquisition of the dwelling unit.
3 In addition to the business prescribed in the preceding two paragraphs, the Corporation may also conduct the following business with the approval of the competent Minister:
(1) Guidance for dwelling unit designs and construction works;
(2) Intermediary concerning acquisition of the site or leasehold necessary for the construction of a dwelling unit;
(3) Management and disposal of the dwelling unit, site or leasehold acquired in connection with the refundment of loans.
(Selection of Loanees)
Article 18. In case the Corporation conducts the business of loaning funds prescribed in the preceding Article paragraphs 1 and 2, the Corporation shall select the loanees fairly by examining fully and respectively the amount of loan money requested by the applicants, anticipation of the applicants refundment of the principal and its, interest, reason for needing the dwelling units as regards the applicants falling under the provision of the preceding Article paragraph 1 item (1), reason for needing the dwelling units by the members of Housing Associations as regards the applicant Housing Associations falling under the provision of item (2) of the same paragraph, contents of business as regards the applicants falling under item (3) of the same paragraph, and taking into consideration the total number of applicants and the total amount of loan money requested in the applications.
(Dwelling Unit for which Loan Can Be Made)
Article 19. The dwelling unit for which the Corporation can extend the loan in accordance with the provisions of the preceding Article paragraph 1, shall be the one of which the floor area per unit does not exceed 100 sq. m. and of which the building cost (purchase price, in a case of purchase;hereinafter the same) does not exceed the amount of 1.2 times the standard building cost provided for in Article 20 paragraph 1.
(Limits of Amount of Loans)
Article 20. The amount of loan per unit under the provision of Article 17 paragraph 1 shall be 75 per cent or less of the building cost of the dwelling unit, provided that in case the building cost exceeds the standard building cost, the amount of loan shall not exceed the amount equivalent to 75 per cent of the standard building cost.
2 In case the floor area of the dwelling unit exceeds 60 sq. m. in the case of the preceding paragraph, the floor area concerned shall, in calculation, be deemed to be 60 sq. m.
3 The amount of loan per unit under the provision of Article 17 paragraph 2 shall be 75 per cent or less of the price of the site or the leasehold, provided that in case the price of the site or the leasehold exceeds the amount of the standard price of the site or the leasehold, the amount of loan shall not exceed the amount equivalent to 75 per cent of the standard price of the site or the leasehold.
4 The standard building cost mentioned in paragraph 1 shall be fixed by taking into consideration the ordinary cost, for each classified geographical district and structure of the dwelling unit, which is necessary for the construction of a dwelling unit suitable enough for the mass of the people to maintain wholesome and cultured living;and the standard price mentioned in the preceding paragraph shall be fixed by taking into consideration the average market price per unit area of the site or the leasehold for each classified geographical district as well as the floor area of the dwelling unit to be built or already built on the site, respectively by the Corporation with the approval of the competent Minister. The same shall apply to the case of changing the above standard building cost or the standard price.
5 The Corporation, upon fixing or changing the standard building cost or the standard price under the provision of the preceding paragraph, shall make public announcement to that effect according to the procedure to be fixed by the competent Ministerial Ordinance.
(Interest Rate of Loan, and Term and Method of Refundment)
Article 21. The interest rate of loans mentioned in Article 17 paragraphs 1 ane 2 shall be 5.5 per cent per annum, and its term of refundment shall be as follows:
Classification by the Structure of Dwelling Unit |
Term of Refundment |
Loans for construction of dwelling units of wooden structure, wooden frame fire-resisting or similar structure, and for acquisition of the site or leasehold appertaining thereto |
Not exceeding 15 years |
Loans for construction of dwelling units whose exterior work is made of concrete, concrete block, brick or other fire-proof structure;or dwelling units whose principal structural part is made of metal plate or other non-combustible structures;and for acquisition of the site or leasehold appertaining thereto |
Not exceeding 20 years |
Loans for construction of dwelling units whose principal structural part is reinforced concrete or other fire-proof structure, and for acquisition of the site or leasehold appertaining thereto. |
Not exceeding 30 years |
2 Necessary technical matters concerning the structural classification of dwelling units mentioned in the preceding paragraph shall be fixed by the competent Ministerial Ordinance.
3 The refundment of the loan extended by the Corporation shall be made by instalments, provided that a person who obtains a loan from the Corporation (including the successor in succession en bloc;hereinafter referred to as the "loanee" ) may, at any time, make full-settlement prior to the term of payment or due date of payment.
4 Notwithstanding the provision of the preceding paragraph, the Corporation may at any time demand full-settlement of the outstanding loan from the loanee in the following cases, provided that the amount of such settlement, in cases of falling under the provision of item (5) or (6), shall not exceed the amount of loan pertinent to the dwelling unit or the site or the leasehold for which the loan was made and in case of falling under the provision of item (7), it shall not exceed the amount pertinent to the dwelling unit for which the loan was made:
(1) In case the loanee has failed to pay the instalment money more than 6 months or in case he is considered to have failed to pay the instalment money without justifiable reason;
(2) In case the loanee was delinquent in payment of taxes and/or assessments on the dwelling unit and/or site which is mortgaged to cover the loan;
(3) In case the loanee used the loaned money for any use other than the purpose of the loan;
(4) In case the loanee falling under the provision of Article 17 paragraph 1 item (1) or (3) transferred the dwelling unit, or the dwelling unit and the site or the leasehold, for which the loan was made, to other person;
(5) In case a member of the Housing Association, to whom the dwelling unit, or the dwelling unit and the site or the leasehold has been transferred from the Housing Association which is a loanee, transferred the said dwelling unit, or the dwelling unit and the site or the leasehold to other person;
(6) In case the Housing Association which is a loanee gave consent to its member to transfer to other person his share of co-ownership with reference to the dwelling unit, or the dwelling unit and the site or the leasehold to be transferred to him from the said Association;
(7) In case the dwelling unit constructed with the loan from the Corporation was used for purpose other than that fixed at the time the loan was made;
(8) In case the loanee falling under the provision of Article 17 paragraph 1 item (3) acted in contravention of the provision of Article 35 paragraph 1 or 2;
(9) Other than those enumerated in the preceding items, in case the loanee acted in contravention of the provisions of the contract without justifiable reasons.
5 In case the person responsible for the refundment failed to make payment after demand in accordance with the provision of the preceding paragraph, the Corporation may foreclose the mortgage set up to cover the loan.
(Alteration of Conditions of Loan, etc.)
Article 22. In the case where the loanee finds it extremely difficult to pay the principal and its interest, due to a disaster or other special sort of reason, the Corporation may, with the approval of the competent Minister, alter the conditions of the loan or the payment method of the principal and its interest in arrears.
(Entrusting of Business)
Article 23. The Corporation may, with the approval of the competent Minister, entrust the business concerning the receiving and examining of applications for loan, the loaning, the collection of the principal and its interest, and other business concerning the loaning and collection to banks (excluding the Bank of Japan) or other financial institutions (hereinafter to be collectively referred to as the "financial institution" ) having necessary and adequate organization and competency to be entrusted with the abovementioned business, and the inspection of construction work of dwelling units built with the loan, to local public bodies, provided that this shall not apply to the decision of whether or not to extend a loan.
2 In case the Corporation intends to entrust a part of its business as provided for in the preceding paragraph, it shall prescribe standard rules concerning the entrusted business to those to whom the business is entrusted (hereinafter referred to as "trustee" ).
3 In case the Corporation has entrusted its business in accordance with the provision of paragraph 1, it shall pay a commission to the trustee.
4 The rate of commission under the preceding paragraph for the entrusted business, excepting the collection of the principal and its interest, shall be fixed by the Corporation after obtaining the approval of the competent Minister on the basis of the amount of expenditure needed in connection with such business;and that for the business relating to the collection of the principal and its interest, on the basis of the amount of expenditure needed in connection with such business plus the amount computed by applying the ratio, which shall be fixed by the Corporation according to the collection percentage of the principal and interest (this shall mean the percentage of the amount of the principal and its interest collected to its amount to be collected).
5 The Corporation may, when it deems it necessary, order submission of reports from the trustee with respect to the management of the entrusted business or order its officers or employees to conduct necessary investigation with respect to the entrusted business.
6 The officers or the employees engaging in the entrusted business under the provision of paragraph 1 of the financial institution which is a trustee, shall be regarded as the personnel engaged in the public service by laws and orders in respect to the application of the provision of the Penal Code (Law No.45 of 1907) or other penal provisions.
(Methods of Conducting Business)
Article 24. The Corporation shall prepare in writing, at the opening of its business, methods of conducting business and submit it to the competent Minister for approval. The same shall apply to the case where any alteration thereof is made.
2 In the business methods mentioned in the preceding paragraph there shall be stated the methods of loans of the fund, the methods of collection of the principal and its interest, the criteria for size and standard of dwelling units for which loans can be made, the standard rules concerning the entrusted business mentioned in the preceding Article paragraph 2, as well as requirement of a mortgage, conclusion of a fireinsurance contract, obligation of maintenance and repair of the dwelling units constructed with the loan from the Corporation, permission of the Corporation for major repair or rebuilding of the dwelling units constructed with the loan from the Corporation, and other conditions of loans of the fund.
(Business Plan and Fund Employment Plan)
Article 25. The Corporation, in each business year, shall obtain the approval of the competent Minister by submitting the business plan and the finance plan of each quarter year so as to fit the plan prescribed in the annexed papers of the budget of the business year concerned. The same shall apply to the case where the Corporation intends to alter these plans.
2 The Corporation shall, in preparing the business plan and the finance plan mentioned in the preceding paragraph, fix the ratio of the total amount of loans to those falling under Article 17 paragraph 1 item (3) in any business year to the total amount of loans for the business year concerned so as not to exceed 30 per cent.