(Requirements for Commodity Commission Merchant)
Article 41. The commodity commission merchant who can conduct transactions on the said commodity market shall be limited to those members who can conduct transactions on the commodity market and have been registered on the Commodity Commission Mar-chants Registration Ledger provided for each exchange by the competent Ministry.
(Property Qualification)
Article 42. An exchange shall, with respect to each listed commodity, prescribe in its Articles of Association the minimum amount of net assets of a commodity commission merchant who effects transactions of the commodity concerned in the commodity market;provided, however, that the minimum amount shall not fall below the amount as prescribed by the Cabinet Order with respect to each commodity, trading unit, trading amount or other trading situation of the commodity and the protection of the client being taken into consideration.
2 In the case where the commodity commission merchant effect transactions of two or more commodities on a commodity market, the minimum amount of net assets of the commodity commission merchant shall be the highest amount of the minimum amounts as prescribed under the preceding paragraph with respect to each commodity.
3 If the amount of the net assets of any commodity commission merchant falls below the minimum amount as prescribed by the preceding two paragraphs, the competent Minister shall, showing the cause, without delay, order the suspension of the commodity commission merchant from being entrusted with transactions on the commodity market and at the same time notify such fact to the exchange he belongs to.
4 In the case of the preceding paragraph, if the amount of net assets of the commodity commission merchant recovers not more than six months from the date on which he was ordered suspension from being entrusted with transaction, not less than the minimum amount as prescribed under the provisions of paragraph 1 or 2, the competent Minister shall release the suspension from being entrusted with transactions as prescribed under the preceding paragraph.
5 In the case where the amount of net assets of a commodity commission merchant who is entrusted with transactions of two or more commodities on the commodity market and who has been suspended from being entrusted with transaction in accordance with the provision of paragraph 3 not less than the minimum amounts as prescribed in paragraph 1 with respect to any one of the commodities be transacted, even if it does not amount to the minimum amounts as prescribed in paragraph 2, if the commodity commission merchant submits to the competent Minister within the term as prescribed in the preceding paragraph an application stating therein that he desires to transact on the commodity market only the commodity concerning the said minimum amount, the competent Minister shall release the suspention from being entrusted transaction under the provision of paragraph 3 with respect to said commodity.
6 In the case of paragraph 3, if the amount of net assets of the commodity commission merchant does not recover, within the term as prescribed in paragraph 4 not less than the minimum amount as prescribed in paragraph 1 or if it does not recover within the term as prescribed in paragraph 4 to the extent of ever and above the minimum amount as prescribed in paragraph 2 and moreover, the commodity commission merchant does not submit the application as prescribed in the preceding paragraph, the competent Minister shall cancel the registration of the said commodity commission merchant.
7 In the case of paragraph 5, if there is any commodity, with respect to which the suspension from being entrusted with transaction has not been released under the provision of paragraph 3, the competent Minister shall strike out the part relating to the said commodity of the registered matters of the commodity commission merchant concerned as soon as possible after the lapse of the term provided for in paragraph 4.
8 If the competent Minister releases the suspension of entrustment in accordance with the provisions of paragraph 4 or paragraph 5, or cancel registration in accordance with the provision of paragraph 6, or strike out the registered matters in accordance with the provision of the preceding paragraph, the competent Minister shall notify, by giving the reason for such action, such fact to the person himself and the exchange he belongs to without delay.
9 The provisions of Article 15 paragraphs 2 to 6 inclusive shall, in accordance with the provisions of paragraphs 3 to 7 inclusive, apply mutatis mutandis to the case where the competent Minister orders the suspension of the entrustment or release it or strike out the registered matter, and the provision of Article 25 paragraph 8 shall apply mutatis mutandis to the computation of net assets as referred to in paragraph 1. In this case, "notify beforehand the applicant for registration of such fact, order the attendance of the applicant for registration" in Article 15 paragraph 2 shall read "notify beforehand the commodity commission merchant of such fact, order the attendance of the commodity commission merchant (in cases where it is a corporation, its officers)."
(Privilege of Commodity Commission Merchant)
Article 43. No person other than commodity commission merchants shall be entrusted with transactions on the commodity market.
(Application for Registration)
Article 44. Any person who intend to become a commodity commission merchant shall make an application statement for registration, stating therein the following particulars, with respect to each exchange which provides commodity markets whereon he desires to effect transactions as a commodity commission merchant, and submit it to be competent Minister through an exchange which he belongs to:
(2) Titles and locations of the head office or main office, branch offices and other subordinate offices or business offices wherein entrustments with transactions on commodity market are to be effected;
(3) Commodity to be transacted by him as a commodity commission merchant on a commodity market and name of an exchange which provides the commodity market;
(4) If the applicant is a corporation, the amount of capital (meaning total amount of shares, or total amount of stocks or the total of the total amount of shares and the total amount of stocks) and the names of officers;
(5) If the applicant is an individual, his name.
2 In the case of the preceding paragraph, the exchange concerned shall accept the application statement if the applicants for registration are members who can transact the commodity mentioned in item (3) of the preceding paragraph on the commodity market, and send it, without delay, to the competent Minister.
3 The application for registration as prescribed in paragraph 1 shall be accompanied by the following documents:
(1) If the applicant is a corporation, the Articles of Association, a copy of the registry of corporation, curriculum vitae of officers, copies of their abstract of register of certificate of census register and statement vowing that the corporation concerned does not come under the provisions of Article 24 paragraph 1 items (1) to (3) inclusive, (6) and (8), a balance sheet and a profit and loss statement as of the end of the previous business year and statement concerning the net assets as prescribed in the provision of Article 42 paragraph 1;
(2) If the applicant is an individual, curriculum vitae of the same person (if he has a legal proxy, of the same person and his legal proxy;hereinafter the same in this item) copy of his abstract of register, certificate of census register, and statement vowing that he does not come under the provisions of Article 24 paragraph 1 items (1) to (6) inclusive and statement concerning net assets as prescribed in the provision of Article 42 paragraph 1.
4 The statement concerned the net assets as prescribed in each item of the preceding paragraph, shall be made as of the date not more than thirty days before the date of application for registration.
(Registration and its Notification)
Article 45. When an application for registration has been made in accordance with the provision of paragraph 1 of the preceding Article, the competent Minister shall, except the cases where registration is to be denied under the provisions of Article 48, enter the matters provided for in each item of paragraph 1 of the preceding Article and date of registration in the Commodity Commission Merchant Registration Ledger by the date on which sixty days have elapsed from the date of acceptance of the application for registration.
2 In cases where the competent Minister has made entry in accordance with the provision of the preceding paragraph, he shall notify, without delay, such fact to the applicant and the exchange which he belongs to.
(Registration Fee and Commission Merchant Guarantee Money)
Article 46. The applicant who has received the notice under paragraph 2 of the preceding Article, shall, as may be prescribed by Cabinet Order, pay three thousand yen as the registration fee not more than thirty days from the day of his receipt of the notice
2 The applicant shall not be entrusted with transaction on the commodity market before the payment of the registration fee referred to in the preceding paragraph and the deposit on the commission merchant guarantee money referred to in Article 47 paragraph 1.
(Commission Merchant Guarantee Money)
Article 47. A commodity commission merchant shall, when he has received the notice under of Article 45 paragraph 2, deposit, in accordance with the provisions of the Article of Association, the commission merchant guarantee money as prescribed by the Articles of Association with the exchange pursuant to provision of paragraph 2, for each of the commodities registered under Article 45 paragraph 1 and for each of the head office or main business office and branch offices or other subordinate offices or business offices registered under the same paragraph.
2 The amount of a commission merchant guarantee money as prescribed in the preceding paragraph and Article 50 paragraph 1 shall not be less than three hundred thousand yen for head office or main business office and fifty thousand yen for each branch office, other subordinate office or business office as prescribed in the preceding, paragraph.
3 A person who has entrusted a commodity commission merchant with transaction on the commodity market shall, with respect to the commission merchant guarantee money concerning the commodity to be transacted on the commodity market, have a preferential right over any other or editors regarding the claims arising from such entrustment.
4 The provisions of Article 38 paragraphs 3, 4 and 6 shall apply mutatis mutandis to the commission merchant guarantee money.
(Denial of Registration)
Article 48. The competent Minister shall, deny the registration, if he deems the applicant for a commodity commission merchant to come under any of the following items:
(1) Any person who comes under any of items of Article 24 paragraph 1;
(2) Any person whose amount of net assets is below the amount as prescribed by the exchange in accordance with the provision of Article 42 paragraph 1;
(3) Any person who intend to use the same trade name as the one which is being used by other member or a trade name which may be misunderstood as the business or enterprise of any other member, without the consent of such member;
(4) Any person whose application for registration or documents as enumerated in each item of Article 44 paragraph 3 include false statements material facts or omit the statement of material facts.
2 The provisions of Article 15 paragraphs 2 to 6 inclusive and Article 45 paragraph 2 shall apply mutatis mutandis to the denial of registration under the provisions of the preceding paragraph. In this case, "the attendance of applicant for registration or" as mentioned in Article 15 paragraph 2 shall read "the attendance of applicant for registration (in case he is a corporation, its officer) or."
(Alteration of Registration)
Article 49. If any change occurs in matters in Article 44 paragraph 1 item (1), (2), (4) or (5), a commodity commission merchant shall file a notice for alteration with the competent Minister, without delay, through an exchange which he belongs to.
2 To the notice for alteration mentioned in the preceding paragraph shall be attached the documents certifying such change, and, if the notice for alteration is concerned with the officer newly appointed, curriculum vitae of the officers, copy of his abstract of census register or certificate of census register and the statement vowing that he does not come under any of Article 24 paragraph 1 items (1) to (6) inclusive;provided, that this shall not apply to the change of matters as prescribed in Article 44 paragraph 1 item (2).
3 In cases where a commodity commission merchant intends to change the matters enumerated in Article 44 paragraph 1 item (3), he shall file an application statement for alteration of registration with the competent Minister through the exchange which he belongs to.
4 The provisions of Article 15 paragraphs 2 to 6 inclusive, Article 14 paragraph 2, Article 45, Article 46 paragraph 2 and paragraph 1 of the preceding Article as well as the stipulations of the same Article paragraph 2 concerning the application mutatis mutandis of Article 45 paragraph 2 shall apply mutatis mutandis to the filing of a notice for alteration under paragraph 1 and the notice for alteration under the preceding paragraph. In this case, "Applicant for registration" as mentioned in Article 15 paragraph 2, Article 44 paragraph 2, Article 45 paragraph 2, and item (4) of paragraph 1 of the preceding Article shall read "sender of notice for alteration or applicant for alteration of registration," "notify beforehand the applicant for registration, of such fact, order the attendance of the applicant for registration" in Article 15 paragraph 2 shall read "notify beforehand the sender of notice for alteration or applicant for alteration of registration of such fact, order the attendance of the sender of notice for alteration or applicant for alteration of registration (in case he is a corporation, its officer)" ; "application for registration" in Article 45 paragraph 1 and paragraph 1 item (4) of the preceding Article shall read "notice for alteration or application for alteration of registration" ; "entry in accordance with the provisions of the preceding paragraph" in Article 45 paragraph 2 shall read "alteration of registration or denial of alterations registration under the provision of the preceding paragraph or Article 48 paragraph 1 which applies mutatis mutandis in Article 49 paragraph 4," and "applicant for registration of commodity commission merchant" in paragraph 1 of the preceding Article shall read "sender of notice for alteration or applicant for alteration of registration."
(Commission Merchant Guarantee Money for New Office)
Article 50. In the case where a commodity commission merchant established a new branch office or other subordinate office of business office wherein he may be entrusted with transactions, if he received a notice from the competent Minister regarding alteration of registration thereof, he shall deposit a commission merchant guarantee money for such office or business office with the exchange in accordance with provisions of the Articles of Association.
2 The commodity commission merchant shall not be entrusted with transactions on the commodity market in the said branch office, other subordinate office or other bnsiness office, before the deposit of the commission merchant guarantee money as referred to in the preceding paragraph.
(Matters to be Filed)
Article 51. If a commodity commission merchant comes under any of the following items, he shall report such fact to the competent Minister without delay, excepting the case where they report in accordance with the provisions of Article 42 paragraph 5 and Article 49 paragraph 1:
(1) When he comes under any of those mentioned in Article 24 paragraph 1 items (1), (2) and (6) to (8) inclusive or Article 48 paragraph 1 item (2) or finds that he was coming under any of those mentioned in items of Article 24 paragraph 1 or Article 48 paragraph 1 item (2) at the time of registration;
(2) When he withdraws on account of the reasons other than death or dissolution;
(3) When he stopped being entrusted with transactions on the commodity market;
(4) When he opened, suspended or reopened the entrustment business on the commodity market.
2 If a commodity commission merchant comes under any of the following items, the person enumerated respectively in each of such items shall report such fact to the competent Minister without delay:
(1) In the case Where a corporation has been dissolved on account of amalgamation merger, a person who was an officer executing the business thereof;
(2) In the case where a corporation has been dissolved on account of bankruptcy or an individual has become bankrupt, the bankruptcy administrator;
(3) In the case where a corporation has been dissolved on account of causes other than amalgamation or bankruptcy, the liquidator;
(4) In the case of death of an individual, his successor.
(Cancellation of Registration)
Article 52. In the case where a commodity commission merchant comes under any of the following items, the competent Minister shall cancel the registration, excepting the case where the cancellation of registrations is made in accordance with the provisions of Article 42 paragraph 6:
(1) When he has come under any of those mentioned in items (1), (2) and (6) to (8) inclusive of Article 24 paragraph 1 or it is found that he was coming under any of those mentioned in items of Article 24 paragraph 1 at the time of registration;
(2) When he effected registration under Article 45 paragraph 1 by fraudulent means.
2 If a commodity commission merchant comes under any of the following items, the competent Minister may cancel his registration, excepting the case where the cancellation of his registration is made in accordance with the provisions of Article 123:
(1) When they do not deposit within the term as prescribed in Article 46 paragraph 1 in accordance with the provisions of the same paragraph;
(2) When they fail to start business without due cause not more than three months from the date on which the opening of the business of entrustment becomes possible or suspend their business for not less than three months continuously.
3 The provisions of Article 15 paragraphs 2 to 6 inclusive or Article 42 paragraph 8 shall apply mutatis mutandis to the cancellation of registration under the provisions of the preceding two paragraphs. In this case, "notify beforehand the applicant for registration of such fact, order the attendance of the applicant for registration" as mentioned in Article 15 paragraph 2 shall read "notify beforehand the commodity commission merchant of such fact, order the attendance of the commodity commission merchant (if he is a corporation, its officer)," and "applicant for registration" in Article 45 paragraph 2 shall read "the commodity commission merchant concerned."
(Striking out of Registration)
Article 53. In such cases as enumerated in any of following items, the competent Minister shall strike out the registration of the commodity commission merchant of the Commodity Commission Merchants Registration Ledger:
(1) When the registration of a commodity commission is cancelled in accordance with the provision of Article 42 paragraph 6, the preceding Article paragraph 1 or 2 or Article 123;
(2) When the filing is made in accordance with the provision of Article 51 paragraph 1 item (2) or item (3), or the same Article paragraph 2;
(3) When the competent Minister finds that a commodity commission merchant comes under the case enumerated in Article 51 paragraph 1 item (2) or (3) or in each item of the same Article paragraph 2 and such fact was confirmed after giving notice to him or a person enumerated in each item of the same Article paragraph 2 demanding the appearance of the same person or his proxy and having caused the personnel to conduct hearing in order to give him or his proxy the opportunity to produce evidence.
2 In the case coming under any of the following items, if the competent Minister designated the period not exceeding thirty days counting from the respective date prescribed in each of the following items, and notifies it to the commodity commission merchant concerned, the cancellation of registration under the preceding paragraph may not be made until the lapse of the said period, notwithstanding the provision of the same paragraph:
(1) In the case of item (2) of the preceding paragraph, the day on which the competent Minister accepted the filing of the report;
(2) In the case of item (3) of the preceding paragraph, the day on which the competent Minister confirmed the such fact.
3 The provisions of Article 15 paragraphs 3 to 6 inclusive shall apply mutatis mutandis to the hearing as prescribed in paragraph 1 item (3) and the provision of Article 45 paragraph 2 to the case where the registration is striken out due to the reason as prescribed in paragraph 1 item (2) or (3). In this case, "applicant for registration" in Article 45 paragraph 2 shall read "the commodity commission merchant concerned."
(Separate Accounting of Books)
Article 54. In the case where a commodity commission merchant is required to keep separate accounting in accordance with the provision of Article 39, they shall, in accordance with the provisions of the competent Ministerial Ordinance, keep account of the transactions for their own accounts separately from the transactions for their clients accounts with respect to the transactions on the commodity market.