The Japan Development Bank Law
法令番号: 法律第108号
公布年月日: 昭和26年3月31日
法令の形式: 法律
I hereby promulgate the Japan Development Bank Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-sixth year of Showa (March 31, 1951)
Prime Minister YOSHIDA Shigeru
Law No.108
The Japan Development Bank Law
Contents
Chapter I General Provisions(Articles 1-9)
Chapter II Officers and Employees(Articles 10-17)
Chapter III Business(Articles 18-22)
Chapter IV Accounting(Articles 23-39)
Chapter V Supervision(Articles 40-42)
Chapter VI Complementary Provisions(Articles 43-49)
Chapter VII Penal Provisions(Articles 50-52)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose)
Article 1. The purpose of the Japan Development Bank is to supplement and encourage the financing of ordinary financial institutions by supplying the long-term funds, in order to promote the economic reconstruction and industrial development of Japan.
(Status of Juridical Person)
Article 2. The Japan Development Bank shall be a juridical person in public Law.
(Business Office)
Article 3. The Japan Development Bank shall have its principal office in Tokyo.
2 The Japan Development Bank may have its subordinate office wherever it is deemed necessary.
(Capital)
Article 4. The capital of the Japan Development Bank shall be the total of the amount of ten billion (10,000,000,000) yen to be invested by the Government from the U. S. Aid Counterpart Fund Special Account and the amount to be considered to have been invested by the Government from the General Account in accordance with the provision of Article 47 paragraph 1 or 3.
2 The amount invested from the U. S. Aid Counterpart Fund Special Account under the preceding paragraph shall be invested in the fiscal year 1951-52.
3 The Japan Development Bank may increase its capital, if necessary, with the approval of the Minister of Finance.
4 In case the Japan Development Bank increases its capital in accordance with the provision of the preceding paragraph, the Government may invest in the Japan Development Bank within the limits of the amount appropriated in the budget.
5 None other than the Government may invest in the Japan Development Bank.
(Articles of Corporation)
Article 5. The Japan Development Bank shall provide for the following matters in its Articles of Corporation:
(1) Purpose;
(2) Name;
(3) Places of Offices;
(4) Capital;
(5) Matters concerning Officers;
(6) Matters concerning Business and its Execution;
(7) Matters concerning Accounting;
(8) Methods of Public Notice.
2 In case the Japan Development Bank has changed the Articles of Corporation, it shall report to that effect to the Minister of Finance without delay.
(Registration)
Article 6. The Japan Development Bank shall make registration as provided for by Cabinet Order.
2 The matters to be registered in accordance with the provision of the preceding paragraph cannot be set up against a third party unless they have been registered.
(Limitation on the Use of the Name)
Article 7. None other than the Japan Development Bank shall use the name of the Japan Development Bank or any other like names.
2 The provisions of Article 4 paragraph 2 of the Banking Law (Law No.21 of 1927) shall not apply to the Japan Development Bank.
(Dissolution)
Article 8. The dissolution of the Japan Development Bank shall be provided for by Law separately.
2 In case the Japan Development Bank is dissolved, the residual property shall belong to the National Treasury as prescribed by Law separately.
(Application Mutatis Mutandis of the Provisions concerning the Juridical Persons)
Article 9. The provisions of Article 44 (Juridical Persons'Capacity for Torts), Articles 50 (Permanent Residence of Juridical Persons) and 54 (Limitation on Representation of Directors) of the Civil Code (Law No.89 of 1896) shall apply mutatis mutandis to the Japan Development Bank.
CHAPTER II Officers and Employees
(Officers)
Article 10. The Japan Development Bank shall have one President, one Vice-President, not more than seven Directors, not more than two Auditors and not more than five Councillors as its officers.
(Function and Authority of Officers)
Article 11. The President shall represent the Japan Development Bank and exercise general control over its affairs.
2 The Vice-President shall represent the Japan Development Bank as prescribed by the President, assist the President in managing the affairs of the Japan Development Bank, act on behalf of the President if he is prevented from performing his duties, and execute his functions if his post is vacant.
3 The Directors shall represent the Japan Development Bank as prescribed by the President, assist the President and Vice-President in managing the affairs of the Japan Development Bank, act on behalf of the President if he and the Vice-President are prevented from performing his duties, and execute his functions if his and the Vice-President's post are vacant.
4 The Auditors shall audit the business of the Japan Development Bank.
5 The councillors may, in response to the inquiry of the President, express their opinions on the important matters concerning the business of the Japan Development Bank or express freely their opinions concerning the business of the Japan Development Bank.
(Appointment of Officers)
Article 12. The President, Vice-President and Auditors shall be appointed by the Prime Minister.
2 The Directors and Councillors shall be appointed by the President.
(Terms of Office of Officers)
Article 13. The term of office of the President, Vice-President, Directors and Auditors shall be four years and that of the Councillors shall be two years.
2 The President, Vice-President, Directors, Auditors and Councillors may be reappointed.
3 In case the post of President, Vice-President, Director, Auditor and Councillor has become vacant, an officer filling the vacancy shall be appointed without delay. The term of office of an officer filling a vacancy shall be the remainder of his predecessor's.
(Limitation on the Right of Representation)
Article 14. With respect to the matters on which the interest of the Japan Development Bank and the President, Vice-President or Directors conflict with each other, those persons shall have no right of representation. In this case, the Auditors shall represent the Japan Development Bank.
(Appointment of Attorney)
Article 15. The President, Vice-President and Directors may appoint from among the employees of the Japan Development Bank an attorney or attorneys with full power to act for the Japan Development Bank generally or before the court with respect to the business of its subordinate offices.
(Appointment of Employees)
Article 16. The employees of the Japan Development Bank shall be appointed by the President.
(Status of Officers and Employees)
Article 17. The officers and employees of the Japan Development Bank shall be deemed to be public officials engaged in public service in accordance with laws and orders in so far as the application of the Penal Code (Law No.45 of 1907) and other penal provisions is concerned.
CHAPTER III Business
(Scope of Business)
Article 18. In order to attain the purpose mentioned in Article 1, the Japan Development Bank shall be engaged in the following business:
(1) To make loan of funds which are necessary for the acquisition, improvements and major repairs (as to the major repairs, only those which entail the increment of value of the equipment) of such equipment (including ships and rolling stock) as will contribute to the economic reconstruction and industrial development (hereinafter referred to as "development funds" in this paragraph) and which are difficult to be supplied from banks and other financial institutions; provided that, the term of redemption of such loan shall not be less than one year;
(2) To subscribe for debentures (including the debentures issued by institutions which are juridical persons formed under special laws, but are not companies;hereinafter the same) which are issued for raising development funds and which are difficult to be subscribed for or underwritten by security dealers, etc.; provided that, the term of redemption of the debentures which are thus subscribed for shall not be less than one year;
(3) To make loan of funds which are necessary for repayment of development funds loaned by banks and other financial institutions (hereinafter referred to as "repayment funds" in this item), or to subscribe for debentures which are issued for raising the repayment funds and which are difficult to be subscribed for or underwritten by security dealers, etc.; provided that, the term of redemption of a loan of the repayment funds or the debentures thus subscribed for shall not be less than one year;
(4) Business incidental to the business under each of the preceding items.
2 Making of loans or subscribing for debentures provided for in items (1) to (3) inclusive of the preceding paragraph may be done only in cases where the redemption of the loans and of the debentures subscribed for is deemed to be reliable.
(Interest Rates on Loaned Funds)
Article 19. The interest rates on loaned funds provided for in paragraph 1 item (1) or (3) of the preceding Article shall be so fixed as to yield sufficient interests on loaned funds, and sufficient interests of debentures subscribed for in accordance with the provisions of items (2) and (3) of the same paragraph to cover the operating expenses of the Japan Development Bank, its entrusting commissions, interests on Government loans provided for in Article 46 paragraph 1 and other incidental expenses and loss incurred with respect to the utilization of assets, taking into consideration the interest rates on loans of the banks.
2 The rates of interest on loan of the Japan Development Bank under the preceding paragraph shall be equal for such loaning of funds, as are of the same kind in regard to the object of loaning, the term of redemption of loans and its security, etc.
(Statement of Business Methods)
Article 20. The Japan Development Bank shall prepare the statement of business methods and state therein the methods, the interest rate and the term of loans, the methods of subscribing for debentures, the methods of collecting the principal and interest, other methods of operations and the working rules of the entrusting of business, etc.
(Entrustment of Business)
Article 21. The Japan Development Bank may entrust its business referred to in each item of Article 18 paragraph 1 to none other than the banks.
2 In case the banks are entrusted with the business of the Japan Development Bank, the officers and employees of such entrusted bank engaged in its entrusted business shall be deemed to be public officials engaged in public service in accordance with laws and orders in so far as the application of the Penal Code and other penal provisions is concerned.
(Prohibition of Competition with Financial Institutions)
Article 22. In view of the purpose mentioned in Article 1, the Japan Development Bank shall not compete with the banks and other financial institutions with respect to its business operations.
CHAPTER IV Accounting
(Business Year)
Article 23. The business year of the Japan Development Bank shall commence in April every year and end in March of the following year.
(Budget)
Article 24. The Japan Development Bank shall draft a budget of the revenues and expenditures for each business year and submit it to the Minister of Finance.
2 The revenues under the preceding paragraph shall be the interest on loans, the interest on debentures, the revenues from other utilizations of assets and other miscellaneous incidental revenues, and the expenditures under the same paragraph shall be the expenses for business and entrusting business, the interest on Government loans provided for in Article 46 paragraph 1 and other miscellaneous incidental expenses.
3 On receipt of the budget according to the provision of paragraph 1, the Minister of Finance shall examine it and make necessary adjustment and obtain the decision of the Cabinet thereon.
4 In case the decision of the Cabinet under the provision of the preceding paragraph has been made, the Cabinet shall submit it to the Diet.
5 The form and contents of the budget and the procedure for its drafting and submission shall be determined by the Minister of Finance.
(Reserve Fund)
Article 25. The Japan Development Bank may include a reserve fund in its budget to cover such shortage of appropriations as may arise on account of unforeseeable causes.
(Decision of Budget)
Article 26. The decision of the budget of the Japan Development Bank by the Diet shall follow the instance of the decision of the national budget.
Notification of Budget)
Article 27. In case the budget has been decided upon by the Diet, the Cabinet shall notify to that effect to the Japan Development Bank without delay through the Minister of Finance.
2 The Japan Development Bank shall not put the budget into effect unless it has received the notification under the provision of the preceding paragraph.
3 In case the notification under the provision of paragraph 1 has been made, the Minister of Finance must notify to that effect to the Board of Audit without delay.
(Supplementary Budget and Revision of Budget)
Article 28. Only in those cases where there exists the necessity on account of such inevitable causes as may have arisen after the drafting of the budget, the Japan Development Bank may draft a supplementary budget and submit it to the Minister of Finance.
2 Besides the cases under the preceding paragraph, the Japan Development Bank may revise the budget and submit it to the Minister of Finance if there exists the necessity to alter the budget already determined on account of causes which have arisen after its determination.
3 The provisions of Article 24 paragraphs 2 to 5 inclusive and the preceding two Articles shall apply mutatis mutandis to the supplementary budget and the revision of the budget under the preceding two paragraphs.
(Provisional Budget)
Article 29. The Japan Development Bank may, as occasion may require, draft a provisional budget for a specified period within a business year and submit it to the Minister of Finance.
2 The provisions of Article 24 paragraphs 2 to 5 inclusive, Articles 26 and 27 shall apply mutatis mutandis to the provisional budget under the provision of the preceding paragraph.
3 The provisional budget shall become ineffective when the budget for each business year has been decided by the Diet, and if expenditure has been made on the basis of the provisional budget, it shall be considered to have been made according to the budget for that business year.
(Execution of Budget)
Article 30. With respect to the appropriations for expenditure, the Japan Development Bank shall not use them for purposes other than specified in the relevant budget.
Article 31. With respect to the amount of expenditure specified in the budget, the Japan Development Bank may not divert funds without the approval of the Minister of Finance.
2 In case the Minister of Finance has given his approval under the preceding paragraph he must immediately notify to that effect to the Board of Audit.
Article 32. When the reserve fund is to be used, the Japan Development Bank must immediately notify to that effect to the Minister of Finance.
2 Upon receipt of the notification under the provision of the preceding paragraph, the Minister of Finance must immediately notify to that effect to the Board of Audit.
(Financial Statements)
Article 33. The Japan Development Bank shall prepare every business year the inventory and balance sheet, for the half terms from April to September and from October to March, and the statement of profit and loss for each half term and for each business year and submit these papers (hereinafter referred to as "financial statements" ) to the Minister of Finance within two months after the end of the relevant half or the relevant business year.
2 In case the Japan Development Bank has submitted the financial statements under the provision of the preceding paragraph, it shall give public notice of such financial statements and keep them in each office.
(Settlement of Accounts)
Article 34. The Japan Development Bank must complete the settlement of its accounts for each business year not later than July 31 of the following business year.
Article 35. After the settlement of accounts has been completed, the Japan Development Bank shall prepare a report of settlement of accounts for each business year according to the classification in the budget and submit it to the Minister of Finance without delay, together with the financial statements submitted in accordance with the provision of Article 33 paragraph 1.
2 On receipt of the report of settlement of accounts and financial statements under the provision of the preceding paragraph, the Minister of Finance shall forward them to the Cabinet.
3 On receipt of the report of settlement of accounts and financial statements as provided for in the preceding paragraph, the Cabinet shall forward them to the Board of Audit not later than November 30 of the following business year and, after its examination, submit them to the Diet together with the settlement of the national revenues and expenditures.
4 The form and contents of the report of settlement of accounts provided for in paragraph 1 shall be determined by the Minister of Finance.
(Disposal of Profit)
Article 36. If there is profit upon settlement of profit and loss accounting each business year, the Japan Development Bank shall accumulate it as Reserve Fund.
2 Reserve Fund under the preceding paragraph shall not be disposed of unless it is devoted to compensation for losses.
(Limitation of Borrowing of Funds)
Article 37. The Japan Development Band shall not borrow funds.
(Use of Dormant Money)
Article 38. The Japan Development Bank shall not make use of temporarily dormant business funds, except in the following manner:
(1) Purchase of national bonds;
(2) Deposit with the Trust Fund Bureau;
(3) Deposit with the Bank of Japan.
(Audit by the Board of Audit)
Article 39. The Board of Audit may, if it is deemed necessary, audit the accounting concerning the entrusted business of such banks as have been entrusted by the Japan Development Bank with its business.
CHAPTER V Supervision
(Supervision)
Article 40. The Minister of Finance shall supervise the Japan Development Bank in accordance with the provisions of this Law.
2 The Minister of Finance may, if it is deemed necessary for the enforcement of this Law, give the Japan Development Bank such orders concerning its business as are necessary for supervision, on the basis of the reports submitted by the Japan Development Bank and/or the result of the examination under the provision of Article 42 paragraph 1.
(Discharge of Officers)
Article 41. In case the President, Vice-President and Auditors of the Japan Development Bank have come under one of the following items, the Prime Minister may discharge them:
(1) In case they have violated this Law, Cabinet Orders issued thereunder, or orders of the Minister of Finance issued under such law and orders;
(2) In case they have been sentenced guilty in a criminal case;
(3) In case they have been declared bankrupt;
(4) In case they cannot perform their duties on account of mental and/or physical disability.
2 When the Directors or Councillors of the Japan Development Bank have come under any of the items of the preceding paragraph, the Prime Minister may order the President to discharge the Directors or Councillors concerned.
(Collection of Report and Examination)
Article 42. The Minister of Finance may, if it is deemed necessary, cause the Japan Development Bank to make reports or cause the officials under him to enter offices of the Japan Development Bank and examine the state of business or books, documents and other necessary items.
2 In case the officials make spot examination in accordance with the provision of the preceding paragraph, they shall carry with them identification cards certifying their status and present them to the parties concerned.
3 The authority to obtain reports and make spot examination under the provision of paragraph 1 shall not be construed to have been recognized for crime detection.
CHAPTER VI Complementary Provisions
(Dissolution of the Reconversion Finance Bank)
Article 43. The Reconversion Finance Bank shall be dissolved on the date prescribed by Cabinet Order by March 31, 1952, and its right and obligation (excluding those on Government investment) shall be taken over by the Japan Development Bank on the same day.
2 The amount equivalent to the amount of reserves of the Reconversion Finance Bank at the time of dissolution thereof shall be deemed to be the reserves which have been set aside in accordance with the provision of Article 36 paragraph 1 on the day when the Japan Development Bank has taken over right and obligation in accordance with the provision of the preceding paragraph.
3 In cases where the Reconversion Finance Bank has been dissolved, if the total amount of the amount of surplus as provided for in Article 2 of the Law concerning Government Investment, Etc. to the Reconversion Finance Bank (Law No.114 of 1949;hereinafter referred to as "the Law concerning Government Investment, Etc." ) which accrued in the fiscal year 1951-52 and the amount of the said surplus which accrued in the fiscal year 1950-51 and which has not been required to pay into the National Treasury in accordance with the provision of paragraph 4 of the Supplementary Provisions of the Law for Partial Amendments to the Law Concerning Government Investment, Etc. to the Reconversion Finance Bank (Law No.107 of 1951;hereinafter referred to as "the Law No.107 of 1951" ) has come to exceed 4,532,802,000 yen the amount equivalent to the excess shall be deemed to have been set aside as reserves in accordance with the provision of Article 36 paragraph 1 on the day prescribed in the preceding paragraph.
(Liquidation Business of Credits and Liabilities Taken Over from the Reconversion Finance Bank)
Article 44. When the Japan Development Bank has taken over the credits and liabilities of the Reconversion Finance Bank in accordance with the provision of paragraph 1 of the preceding Article, the Bank may, in addition to the business prescribed in each item of Article 18 paragraph 1, carry out the business on the liquidation thereof.
2 The Japan Development Bank may entrust the business provided for in the preceding paragraph with none other than banks and the Central Co-operative Bank for Commerce and Industry.
3 The provisions of Article 21 paragraph 2 and Article 39 shall apply mutatis mutandis to the Central Co-operative Bank for Commerce and Industry in case it is entrusted with business provided for in paragraph 1.
(Capital of the Reconversion Finance Bank at the Time of its Dissolution)
Article 45. The amount of capital of the Reconversion Finance Bank at the time of its dissolution shall be the amount of capital at the end of the fiscal year 1950-51 less the amount cut off in accordance with the provision of the proviso to Article 3 of the Reconversion Finance Bank Law (Law No.34 of 1946), less the amount paid into the National Treasury in the fiscal year 1951-52 in accordance with the provisions of Article 3 of the Law concerning Government Investment, Etc., less the amount paid into the National Treasury by the Reconversion Finance Bank in the fiscal year 1950-51 in accordance with the provisions of the same Article, which is paid into the National Treasury in accordance with the provision of paragraph 4 of the Supplementary Provisions of Law No.107 of 1951, the amount paid into the National Treasury in Accordance with the provision of paragraph 5 of the Supplementary Provisions of the same Law and less the amount of its unpaid capital.
(Government Loan)
Article 46. The Government investment to the Reconversion Finance Bank at the time of its dissolution shall be regarded as Government loan obtained by the Japan Development Bank on the day prescribed in Article 43 paragraph 1, notwithstanding the provision of Article 37.
2 The Japan Development Bank shall pay every business year (excluding the fiscal year 1951-52), interest on the Government loan under the preceding paragraph, according to the rates, method of calculation and procedures prescribed by Cabinet Order.
(Legal Investment)
Article 47. In case there are collections out of such credits taken over by the Japan Development Bank from the Reconversion Finance Bank as credits on the accommodated funds, credits obtained as the result of the performance of guarantee for liabilities, and credits on the expenses necessary for securing the credits as prescribed by Cabinet Order (hereinafter referred to as "collections of the Reconversion Finance Bank" ) in each quarter of the fiscal year (excluding quarters of the fiscal year 1951-52) the Government loan as prescribed in paragraph 1 of the preceding Article equivalent to such collections of the Reconversion Finance Bank shall be considered to have been repaid in the relevant quarter, and the amount equivalent to the Government loan which is thus considered to have been repaid shall be considered to have been invested to the Japan Development Bank from the General Account of the Government in the relevant quarter of the year.
2 In so far as the fiscal year 1951-52 is concerned, the Japan Development Bank shall pay into the National Treasury by April 30, 1952, as the repayment of the Government loan as prescribed in paragraph 1 of the preceding Article, out of the assets taken over in accordance with the provision of Article 43 paragraph 1, the collection or the repayments prescribed in items (1) to (3) inclusive and the collections prescribed in item (4)(hereinafter generally referred to as "collections, etc. of the Reconversion Finance Bank" in this Article) up to the limit of 7,619,633,000 yen (in cases where there is an amount paid into the National Treasury by the Reconversion Finance Bank in the fiscal year 1951-52 in accordance with the provisions of Article 3 of the Law concerning Government Investment, Etc. or paragraph 5 of the Supplementary Provisions of Law No.107 of 1951 or the amount which has been paid into the National Treasury in accordance with the provision of paragraph 4 of the Supplementary Provisions of Law No.107 of 1951 out of the amount which ought to have been paid into the National Treasury in the fiscal year 1950-51 under the provisions of Article 3 of the Law concerning Government Investment, Etc., the total of such amounts shall be deducted therefrom;hereinafter the same in this Article):
(1) The collections provided for in Article 3 of the Law concerning Government Investment, Etc., which have not been required to pay into the National Treasury during the fiscal year 1950-51 in accordance with the provision of paragraph 4 of the Supplementary Provisions of Law No.107 of 1951;
(2) The repayments of Agriculture and Forestry Debenture provided for in paragraph 5 of the Supplementary Provisions of Law No.107 of 1951;
(3) The collections of the Reconversion Finance Bank for the fiscal year 1950-51 provided for in Article 3 of the Law concerning Government Investment, Etc.;
(4) The collections of the Reconversion Finance Bank for the fiscal year 1951-52.
3 In case the collections etc. of the Reconversion Finance Bank for the fiscal year 1951-52 under the preceding paragraph exceed 7,619,633,000 yen, the Government loan provided for in Article 46 paragraph 1 reaching the amount equivalent to the excess shall be considered to have been repaid on March 31, 1952, and the amount equivalent to the amount of Government loan considered to have been repaid shall be considered to have been invested by the Government from the General Account on the same day.
(The Fiscal Year when the Revenues of Money Are to Be Paid into the National Treasury and the Procedures on Payment Thereof)
Article 48. Money to be paid into the National Treasury in accordance with the provision of paragraph 2 of the preceding Article shall be the revenues of the General Account in the fiscal year 1951-52.
2 The procedures of payment of money into the National Treasury provided for in the preceding paragraph shall be prescribed by Cabinet Order.
(Details on the Taking-over of the Business)
Article 49. Other than those provided for by this Law, matters necessary for the taking over of the business of the Reconversion Finance Bank by the Japan Development Bank shall be prescribed by Cabinet Order.
CHAPTER VII Penal Provisions
Article 50. In case the officers and employees of the Japan Development Bank have made false reports on the matters to be reported according to the provision of Article 42 paragraph 1, they shall be punished with a fine not exceeding 30,000 yen.
Article 51. In the following cases, the officers and employees of the Japan Development Bank shall be punished with a non-penal fine not exceeding 30,000 yen:
(1) When they have failed to make report to the Minister of Finance in cases where such report is required by this Law;
(2) When they have failed to obtain the approval of the Minister of Finance in cases where such approval is required by this Law;
(3) When they have neglected to make registration in violation of the provision of Article 6 paragraph 1 or made false registra tions;
(4) When they have conducted business other than the business enumerated in the items of Article 18 paragraph 1 and the business provided for in Article 44 paragraph 1;
(5) When they have entrusted business in violation of the provision of Article 21 paragraph 1 or Article 44 paragraph 2;
(6) When they have borrowed funds in violation of the provision of Article 37;
(7) When they have utilized dormant business funds in violation of the provision of Article 38;
(8) When they have violated the orders of the Minister of Finance under the provision of Article 40 paragraph 2.
Article 52. A person who has violated the provision of Article 7 paragraph 1 shall be punished with a non-penal fine not exceeding 10,000 yen.
Supplementary Provisions:
1 In this Law, the provisions other than those of paragraphs 2, 21, 22, 24, 28, and 31 to 33 inclusive of the Supplementary Provisions shall come into force as from the day of its promulgation, and the provisions of paragraphs 2, 21, 22, 24, 28, and 31 to 33 inclusive of the Supplementary Provisions shall come into force as from the day of the dissolution of the Reconversion Finance Bank.
2 The following Laws shall be abolished:
The Reconversion Finance Bank Law;
The Law concerning Government Investment in the Reconversion Finance Bank, Etc.
3 The Minister of Finance shall appoint the members of the organizing committee and make them manage the business concerning the establishment of the Japan Development Bank.
4 The organizing committee shall prepare the Articles of Corporation and report them to the Minister of Finance.
5 The organizing committee shall request without delay the Government to pay the amount to be invested from the U. S. Aid Counterpart Fund Special Account, when the report under the preceding paragraph has been made.
6 On the date of the payment of the capital provided for in the preceding Article (on the date of the first payment in case the capital is paid in parts), organizing committee shall hand over the business to the President of the Japan Development Bank.
7 On the date the President has taken over the business under the preceding paragraph, the President, Vice-President, all Directors and Auditors shall make registration of establishment.
8 The Japan Development Bank shall come into existence by the registration of establishment.
9 As to the term of office of the Directors, Auditors and Councillors to be appointed initially after the enforcement of this Law, the term of office of three Directors and one Auditor shall be two years as decided by the President or the Prime Minister and that of two Councillors shall be one year as decided by the President, both notwithstanding the provision of Article 13 paragraph 1.
10 In so far as the fiscal year 1951-52 is concerned, the Japan Development Bank shall pay into the National Treasury the amounts mentioned in the following items up to 4,532,000,000 yen (in case there is the amount paid into the National Treasury by the Reconversion Finance Bank in the fiscal year 1951-52 in accordance with the provisions of Article 2 of the Law concerning Government Investment, Etc. to the Reconversion Finance Bank or the amount paid into the National Treasury in accordance with the provision of the same Article, which is paid into the National Treasury in accordance with the provision of paragraph 4 of the Supplementary Provisions of Law No.107 of 1951, the total amount of such amount shall be deducted therefrom), provided that the order of payments shall follow the order enumerated in each item:
(1) The amount equivalent to the amount to be counted as profit on the balance sheet of the Japan Development Bank as of the day under the provision of Article 43 paragraph 1, as the result of the succession of right and obligation of the Reconversion Finance Bank provided for in the same paragraph;
(2) The amount of profit on the settlement of profit and loss of the Japan Development Bank in the business year 1951-52.
11 The provision of Article 36 paragraph 1 shall not apply to such profit on the settlement of profit and loss as has been paid into the National Treasury in accordance with the provision of the preceding paragraph.
12 The provisions of Article 48 shall apply mutatis mutandis to the payment into the National Treasury under the provision of paragraph 10 of the Supplementary Provisions. In this case, "payment" mentioned in Article 48 paragraph 2 shall read "method of calculation and payment" .
13 The amount paid into the National Treasury by the Japan Development Bank in accordance with the provision of paragraph 10 of the Supplementary Provisions shall be reckoned into loss in the calculation of income during the business year in which the payment has been made in accordance with the provisions of the Corporation Tax Law (Law No.28 of 1947).
14 In cases where the added value tax is to be imposed upon in accordance with the provisions of Local Tax Law (Law No.226 of 1950), the amount paid into the National Treasury by the Japan Development Bank in accordance with the provision of paragraph 10 of the Supplementary Provisions shall be reckoned into loss in the calculation of income during the business year in which the payment has been made when the amount of the added value is computed by the adding method in accordance with the provisions of the same Law, or when the amount of the added value tax is computed through the amount equivalent to the business tax in accordance with the provisions of the same Law, and it shall be reckoned into specified outgoes when the amount of the added value is computed by the deducting method in accordance with the provisions of the Local Tax Law.
15 The Minister of Finance shall entrust the registration of dissolution of the Reconversion Finance Bank with the Registry Offices under whose jurisdiction come its main and subordinate offices.
16 The Registry Offices shall, when they have been entrusted as prescribed in the preceding paragraph, make the registration without delay.
17 The registration under the preceding paragraph shall be free from the registration tax and the registration for the acquisition of rights and the preservation of properties, which the Japan Development Bank is to take over in accordance with the provision of Article 43 paragraph 1, shall be deemed to be the registration of the alteration of the registered matters with regard to the application of the provisions of the Registration Tax Law (Law No.27 of 1896).
18 The "banks" as used in other laws and orders shall not include the Japan Development Bank.
19 The Registration Tax Law shall be partially amended as follows:
In Article 19 item 7, "the Reconversion Finance Bank" shall be amended as "the Export Bank of Japan, Japan Development Bank," and "the Reconversion Finance Bank Law" as "the Export Bank of Japan Law, Japan Development Bank Law" ;and in item 18 of the same Article, "the Reconversion Finance Bank" shall be amended as "the Export Bank of Japan, Japan Development Bank" .
20 The Stamp Duty Law (Law No.54 of 1899) shall be partially amended as follows:
Article 5 item 6-(2) shall be amended as follows:
6-(2) Notes and Books provided by the Export Bank of Japan.
Next to item 6-(8) of the same Article, the following one item shall be added:
6-(9) Notes and Books provided by the Japan Development Bank.
21 The Income Tax Law (Law No.27 of 1947) shall be partially amended as follows:
Article 3 item 6 shall be amended as follows:
6 Deleted.
22 The Corporation Tax Law shall be partially amended as follows:
In Article 4 item 2, "the Housing Finance Corporation and the Reconversion Finance Bank" shall be amended as "and the Housing Finance Corporation" .
23 The Industrial Reconstruction Kodan (Law (Law No.57 of 1947) shall be partially amended as follows:
Article 3 paragraph 3 shall be deleted.
24 The Law concerning Temporary Measure for Budget and Settlement of Kodan, Etc.(Law No.27 of 1949) shall be partially amended as follows:
In Article 1, "the Reconversion Finance Bank" shall be deleted.
25 The Ministry of Finance Establishment Law (Law No.144 of 1949) shall be partially amended as follows:
In Article 12 paragraph 1 item (4), "the Reconversion Finance Bank" shall be deleted;and item (4)-2) of the same paragraph shall be amended as follows:
(4)-2) Supervision over the Export Bank of Japan and Japan Development Bank.
26 The Law concerning Control of Money Lending Business, Etc.(Law No.170 of 1949) shall be partially amended as follows:
In Article 2 paragraph 1 item (2), "the Reconversion Finance Bank" shall be amended as "the Japan Development Bank" .
27 The Law for Calculation of Fractions of Receipts and Disbursements, Etc. of the Treasury (Law No.61 of 1950) shall be partially amended as follows:
In Article 1 paragraph 1, "the Reconversion Finance Bank" shall be amended as "the Japan Development Bank" .
28 The Assets Revaluation Law (Law No.110 of 1950) shall be partially amended as follows:
Article 5 item (6) shall be amended as follows:
(6) Deleted
29 The Law concerning Security for Loan front U. S. Aid Counterpart Fund, Etc. for Electric Enterprise (Law No.145 of 1950) shall be partially amended as follows:
In Article 1 paragraph 2, "the Reconversion Finance Bank" shall be amended as "the Japan Development Bank" .
30 The Law concerning the Responsibility of the Budget Executing Officer, Etc.(Law No.172 of 1950) shall be partially amended as follows:
In Article 9 paragraph 1, "the Reconversion Finance Bank" shall be amended as "the Japan Development Bank" .
31 The Local Tax Law shall be partially amended as follows:
In Article 24 item (3) and Article 743 item (3), "the Reconversion Finance Bank" shall be deleted.
32 The Law for Abolition of the Japan Iron and Steel Manufacturing Company Law (Law No.240 of 1950) shall be partially amended as follows:
In paragraph 7 of the Supplementary Provisions, "The Reconversion Finance Bank" shall be amended as "The Japan Development Bank" .
33 The Emergency Financial Measures Ordinance (Imperial Ordinance No.83 of 1946) shall be partially amended as follows:
In Article 8, "Pension Bank, People's Bank, National Welfare Bank, Reconversion Finance Bank" shall be deleted.
34 The provisions of Article 19 items 7 and 18 of the Registration Tax Law before amendments, Article 5 item 6-2 of the Stamp Duty Law before amendment, Article 12 paragraph 1 item (4) of the Ministry of Finance Establishment Law before amendment, Article 2 paragraph 1 item (2) of the Law concerning Control of Money Lending Business, Etc. before amendment, Article 1 paragraph 1 of the Law for Calculation of Fractions of Receipts and Disbursements, Etc. of the Treasury before amendment, Article 1 paragraph 2 of the Law concerning Security for Loans from U. S. Aid Counterpart Fund Etc. for Electric Enterprise before amendment, and Article 9 paragraph 1 of the Law concerning the Responsibility of the Budget Executing Officer, Etc. before amendment shall still prevail about the Reconversion Finance Bank, until the day of the dissolution of the Reconversion Finance Bank even after the enforcement of the provisions amending the said provisions.
Prime Minister YOSHIDA Shigeru
Attorney-General OHASHI Takeo
Minister of Finance IKEDA Hayato
Minister of International Trade and Industry YOKOO Shigemi