(Purpose of Establishment)
Article 100-(2). Fisheries Cooperative Associations may, for the purpose of mutual relief of losses to be suffered from disasters, in order to stabilize and improve their management, establish a Mutual Relief Corporation of Fisheries Cooperative Associations (hereinafter referred to as "Mutual Relief Corporation" ).
(Title of Mutual Relief Corporation)
Article 100-(3). Any Mutual Relief Corporation shall use in its title such letters as Mutual Relief Corporation of Fisheries Cooperative Associations.
2 No person other than a Mutual Relief Corporation shall use in its title such letters as Mutual Relief Corporation of Fisheries Cooperative Associations.
(Business)
Article 100-(4). A Mutual Relief Corporation shall conduct the business of receiving mutual relief contribution from its members, and giving mutual relief benefit to its members for the damage from disasters, such as fire (excluding one owing to earthquake), flood or wind, suffered by buildings, structures or other properties provided for by Ministerial Ordinance, used by the members for their business, or by the commodities under their control concerning their business.
2 As to the application of the provision of the preceding paragraph, in the case of the member coming under the provision of Art.100-(6) par.2 item (3), the business of the member shall be limited to fisheries and marine products processing operated by him.
3 With respect to the business of the Mutual Relief Corporation corresponding with the insurance enterprise, the Insurance Enterprise Law (Law No.41 of 1939) shall not apply.
(Limit of the Amount of Mutual Relief Benefit and Supervisory Instructions)
Article 100-(5). In case it is deemed necessary, the competent Minister may fix the maximum amount of mutual relief benefit. In this case, the Mutual Relief Corporation shall not give the benefit in excess of the maximum amount concerned.
2 The competent Minister may instruct a Mutual Relief Corporation the matters necessary for the supervision concerning the business thereof.
(Qualifications for Membership)
Article 100-(6). Any person qualified for membership of a Mutual Relief Corporation shall be the person that comes under any one of the following items:
1. Fishermen's Cooperative Associations, Federations of Fishermen's Cooperative Associations, Marine Products Processing Cooperative Associations or Federations of Marine Products Processing Cooperative Associations who have the whole or part of the jurisdictional area of the Mutual Relief Corporation as their sphere;
2. Fishermen's Production Associations who have their official address in the jurisdictional area of the Mutual Relief Corporation.
2 In addition to those prescribed in the preceding paragraph, any Mutual Relief Corporation may admit, in accordance with the articles of incorporation, the person that comes under any one of the following items:
1. Cooperative organizations which have their official address in the jurisdictional area of the Mutual Relief Corporation and have been set up in accordance with other laws, and carry on the same business as those mentioned in item (1) of the preceding paragraph;
2. Enterprise Cooperatives having their official address in the jurisdictional area of the Mutual Relief Corporation and conducting the marine products processing as well;
3. Members of the Association or the cooperative organization prescribed in the preceding paragraph or in the preceding two items.
(Particulars to be Included in Articles of Incorporation)
Article 100-(7). The articles of incorporation of any Mutual Relief Corporation shall include the following particulars:
1. Title of the Mutual Relief Corporation;
2. Area of the Mutual Relief Corporation;
3. Location of the Office;
4. Qualifications for membership and provisions for admission to and secession from the Mutual Relief Corporation;
5. Provisions relating to mutual relief contribution, responsibility of mutual relief and other matters regarding mutual relief relations;
6. Provisions for charge of assessments;
7. Provisions relating to the disposition of surplus funds and losses;
8. Provisions regarding the amount and accumulation of reserve funds;
9. Provisions relating to the fixed number and election of officers;
11. Method of public notice.
2 In addition to the particulars mentioned in the preceding paragraph, in the event that any Mutual Relief Corporation has determined the period of duration of the Mutual Relief Corporation, the period shall be included in the articles of incorporation.
3 The competent Minister may provide for model forms to be used in drafting articles of incorporation for Mutual Relief Corporations.
(Promoters)
Article 100-(8). Twenty or more persons who have the qualifications for membership in accordance with the provision of Art.100-(6) par.1 shall be required to become promoters in organizing a Mutual Relief Corporation.
(Approval of Establishment)
Article 100-(9). The administrative authorities shall, upon receipt of the application for approval of the establishment under Art.63 par.1 which applies with the necessary modifications in Art.100-(11) par.4, approve the establishment, in case it does not come under any one of the following items and in case the business is deemed to be conducted soundly:
1. In case the procedures of establishment, or the contents of the articles of incorporation or the business plan do not accord with the provisions of laws and orders or measures taken by the administrative authorities under laws and orders;
2. In case there are false statements relating to important matters, or omission of statements relating to important matters, in the articles of incorporation or in the business plan.
2 The administrative authorities shall, in case they have or have not given an approval for the establishment under the preceding paragraph, notify, without delay, the promoters to that effect in writing.
(Effect of Dissolution)
Article 100-(10). When a Mutual Relief Corporation is dissolved, except the cases of amalgamation, all the mutual relief relations shall come to an end.
2 In the case of the preceding paragraph, mutual relief contribution paid up by members for the unexpired term shall be paid back to the members concerned.
(Modified Application of Provisions)
Article 100-(11). In addition to the provisions of Arts.100-(4) and 100-(5), to the matters relating to the business of the Mutual Relief Corporation, the provisions of Arts.631 to 633 inclusive, Art.635, Arts.639 to 645 inclusive, Art.649, Arts.654 to 656 inclusive and Arts.661 to 663 inclusive of the Commercial Code shall apply with the necessary modifications.
2 In addition to the provisions of Art.100-(6), to the matters relating to the members of the Mutual Relief Corporation, the provisions of Art.21, Art.22 and Arts.25 to 27 inclusive shall apply with the necessary modifications. However, in this case, in the proviso to Art.21 par.1, "any member as prescribed in Art.18 par.3 (hereinafter referred to as" associate member "in this Chapter and Chapter IV)" shall read "any member coming under the provision of Art.100-(6) par.2 (hereinafter referred to as" associate member "in the provisions which apply with the necessary modifications in Art.100-(11))" ;and in Art.22 par.2, "assessment mentioned in the preceding paragraph" shall read "assessment mentioned in the preceding paragraph or mutual relief contrilbution."
3 In addition to the provisions of Art.100-(7), to the matters relating to the administration of the Mutual Relief Corporation, the provisions of Art.33, Art.34 pars.1 to 7 inclusive, Arts.35 to 52 inclusive, Art.55 pars.1 and 3 and Art.56 shall apply with the necessary modifications. However, in this case, in Art.34 par.7, "its members (excluding associate members)" shall read "individuals who constitute directly or indirectly the Fisheries Cooperative Associations as members of the Mutual Relief Corporation (excluding the members of the Association coming under the provision of Art.18 par.3 or Art.94 par.2 and those who organize such members as well as those who organize the members of the Federation coming under the provision of Art.88 item (3) or Art.98 item (2))" ;in the proviso to the same paragraph, "those fishermen" shall read "individuals who constitute directly or indirectly those Fisheries Cooperative Associations (excluding the members of the Association coming under the provision of Art.18 par.3 or Art.94 par.2 and those who organize such members as well as those who organize the members of the Federation coming under the provision of Art.88 item (3) or Art.98 item (2))" ;and in Art.48 par.3, "Art.63, par.2, Art.64 and Art.65" shall read "Art.63 par.2 and Art.100-(9)."
4 In addition to the provisions of Arts.100-(8) and 100-(9), to the matters relating to the establishment of the Mutual Relief Corporation, the provisions of Arts.60 to 63 inclusive, Art.66 par.1 and Art.67 shall apply with the necessary modifications. However, in this case, in Art.61 pars.1 and 3, "the fishermen" shall read "the directors of the Fisheries Cooperative Associations" ;and in the proviso to Art.21 par.1 which applies with the necessary modifications in Art.62 par.6, "and member as prescribed in Art.18 par.3 (hereinafter referred to as" associate member "in this Chapter and Chapter IV)" shall read "any associate member."
5 In addition to the provisions of the preceding Article, to the matters relating to the dissolution and liquidation of the Mutual Relief Corporation, the provisions of Art.68, Art.69 pars.1 to 3 inclusive, and Arts.70 to 77 inclusive shall apply with the necessary modifications. However, in this case, in Art.69 par.3, "Art.63, par.2, Arts.64 and 65" shall read "Art.63 par.2 and Art.100-(9)" ;in Art.70 par.1, "members (excluding associate members of each Association)" shall read "the directors of members (excluding associate members)" ;in par.2 of the same Article, "the principal clause of Art.34, par.7 and par.8" shall read "the principal clause of Art.34 par.7" ;and in the principal clause of Art.34 par.7 which applies with the necessary modifications in the same paragraph, "its members (excluding associate members)" shall read "individuals who constitute directly or indirectly the Fisheries Cooperative Associations as members of the Mutual Relief Corporation (excluding the members of the Association coming under the provision of Art.18 par.3 or Art.94 par.2 and those who organize such members as well as those who organize the members of the Federation coming under the provision of Art.88 item (3) or Art.98 item (2))."
6 Other than the matters prescribed in the preceding paragraphs, to the matters relating to the Mutual Relief Corporation, the provisions of Arts.5, 6, 8 and 9 shall apply with the necessary modifications.