Law for Partial Amendments to the Certified Public Accountant Law
法令番号: 法律第51号
公布年月日: 昭和26年3月29日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Certified Public Accountant Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-ninth day of the third month of the twenty-sixth year of Showa (March 29, 1951)
Prime Minister YOSHIDA Shigeru
Law No.51
Law for Partial Amendments to the Certified Public Accountant Law
The Certified Public Accountant Law (Law No.103 of 1948) shall be partially amended as follows:
In Article 4 items (2) and (4), "two (2) years" shall be amended as "three (3) years" ;in item (4) of the same Article, "or the Local Public Service Law (Law No.261, 1950)" shall be added next to "National Public Service Law (Law No.120, 1947)" ;in item (5) of the same Article, "and for whom three (3) years has not elapsed from the day of such action" shall be added next to "Article 30 or Article 31" ;in item (7) of the same Article, "Law No.53, 1933" shall be amended as "Law No.205, 1949" , and next to "the patent Agent Law (Law No.100, 1922)" shall be added "except those who have come to be authorized to resume the business under the laws concerned" .
In Article 10, "(including practical works relating to taxes;hereinafter the same)" shall be added next to "relating to financial matters" .
Article 11 shall be amended as follows:
(Requirements for Taking the Third Examination)
Article 11. Only such persons who are Junior Public Accountants or are qualified as Junior Public Accountant and have undertaken the supplement course of study for practical works as prescribed in the provisions of Article 12 for more than one (1) year, and for whom the term enumerated in the following each item after they get the qualification to become Junior Public Accountant is more than two (2) years in total (excluding the term overlapping the term during which those persons have undertaken the supplement course of study for practical works as prescribed in the same provisions.) may be qualified to take the third examination:
(1) Term of assisting a Certified Public Accountant with respect to the business as prescribed in paragraph 1 of Article 2;
(2) Term of making auditing, analysis and other practical works in relation to financial matters as prescribed by Certified Public Accountant Administration Commission Regulation.
In Article 12 paragraph 1, "persons who have the qualification to become a Junior Public Accountant" shall be added next to "Junior Public Accountants" .
In Article 24 paragraph 2, "officials of local public bodies" shall be amended as "local public service personnel" .
In Article 32 paragraph 5, the following proviso shall be added:
;provided that in cases where the Certified Public Accountant or Junior Public Accountant concerned, or his proxy does not attend without good reason, such action may be taken without giving the hearing as prescribed in the preceding paragraph.
Article 37 item (10) shall be made item (11) of the same Article, and the numbering of item (11) and its succeeding items shall be moved down by one;and next to item (9) of the same Article, the following one item shall be added:
(10) To ask for report from, and to make recommendation to the associations organized by foreign Certified Public Accountants, if deemed necessary, with respect to the business which they carry out.
In Article 46-(6) paragraph 2, "not exceeding 6 in the Third Division" shall be amended as "not exceeding 8 in the Third Division" ;and "not exceeding 12 in the Fourth Division" shall be amended as "not exceeding 14 in the Fourth Division" .
In Article 47, "or a foreign Certified Public Accountant" shall be added next to "a Certified Public Accountant" , and next to the same Article the following one Article shall be added.
(Restriction on Business of Hon-Certified Public Accountant)
Article 47-(2). Any person other than Certified Public Accountant shall not be allowed to conduct the business as prescribed in paragraph 1 of Article 2, upon the request from others and on a remunerative basis;except cases as prescribed by law.
In Article 50, "or any person who is not qualified to become a Certified Public Accountant or foreign Certified Public Accountant (including the person who is qualified to become a Certified Public Accountant or foreign Certified Public Accountant, and comes under any one of the items of Article 4), and has violated the provisions of Article 47-(2)" shall be added next to "who has violated the provisions of Article 47" ;and "not exceeding ten thousand yen (\10,000)" shall be amended as "not exceeding thirty thousand yen (\30,000)" .
In Article 51, the following proviso shall be added:
However, when it is proved that considerable attention and supervision have been paid for the above business to prevent the illegal act of agents or employees of juridical or natural persons, the same shall not apply for those juridical or natural persons.
In Article 52 paragraph 1, "not exceeding one (1) year" shall be amended as "not exceeding two (2) years" , and "not exceeding ten thousand yen (\10,000)" shall be amended as "not exceeding thirty thousand yen (\30,000)" .
In Article 53, "not exceeding ten thousand yen (\10,000)" shall be amended as "not exceeding thirty thousand yen (\30,000)" ;and in the same Article, the following one paragraph shall be added:
2 With respect to the person who comes under item (2) or item (3) of Article 54, the provision of the preceding paragraph shall not apply.
Article 54 shall be amended as follows:
Article 54. The person who comes under any one of the following items shall be punished with a non-penal fine not exceeding thirty thousand yen (\30,000):
(1) The person who is qualified to become Certified Public Accountant of foreign Certified Public Accountant (excluding the person who comes under any one of the items of Article 4;hereinafter the same in item (2).), and has violated the provisions of Article 47-(2);
(2) The person who is qualified to become Certified Public Accountant or foreign Certified Public Accountant, and has violated the provisions of Article 48;
(3) The person who is qualified to become Junior Public Accountant (excluding the person who comes under any one of the items of Article 4.), and has violated the provision of Article 48 paragraph 2.
In Article 55, "not exceeding one thousand yen (\1,000)" shall be amended as "not exceeding ten thousand yen (\10,000)" .
In Article 57 paragraph 1, "during the period of three (3) years" shall be amended as "during the period of five (5) years" .
In Article 63 paragraph 3, "and Article 49" shall be amended as "Article 47, paragraph 1 of Article 48 and Article 49" , and "'Certified Public Accountant'as mentioned in these provisions shall read'Public Accountant (Keirishi)'" shall be added next to "in this case," .
In paragraph 4 of the same Article, "not exceeding one (1) year" shall be amended as "not exceeding two (2) years" ; "not exceeding five thousand yen (\5,000)" shall be amended as "not exceeding thirty thousand yen (\30,000)" ;and the following three paragraphs shall be added after paragraph 5 of the same Article:
6 Any person who violates the provisions of Article 47 which applies mutatis mutandis in paragraph 3 shall be subjected to penal servitude not exceeding one (1) years or a fine not exceeding thirty thousand (30,000) yen.
7 In cases where a representative of juridical person, or a proxy or an employee of juridical or natural person makes the violating act as prescribed in the preceding paragraph in connection with the business of the juridical or natural person concerned, not only the subject violator shall be punished, but also the juridical or natural person concerned shall be imposed with the fine of the same paragraph. However, when it is proved that considerable attention and supervision have been paid for the above business to prevent the illegal act of agents or employees of juridical or natural persons, the same shall not apply for those juridical or natural persons.
8 Any person who violates the provision of paragraph 1 of Article 48 which applies mutatis mutandis in paragraph 3, shall be punished with a fine not exceeding thirty thousand (30,000) yen.
In paragraph 6 of the same Article "not exceeding ten thousand (10,000) yen" shall be amended as "not exceeding thirty thousand (30,000) yen" , and the same paragraph shall be made paragraph 9 of the same Article, and in paragraph 7 of the same Article, "not exceeding one thousand (1,000) yen" shall be amended as "not exceeding ten thousand (10,000) yen" , and the same paragraph shall be made paragraph 10 of the same Article.
Supplementary Provisions:
1 This Law shall come into force as from the day of its promulgation.
2 The amended provisions of Article 4 item (2) and item (4) of the Certified Public Accountant Law shall not affect the status which is actually held by Certified Public Accountant or Junior Public Accountant at the time of enforcement of this Law.
3 With respect to the application of the penal provisions to any act which has been done prior to the enforcement of this Law, the precedents under the former provisions shall still prevail.
Minister of Finance IKEDA Hayato
Prime Minister YOSHIDA Shigeru