A "life insurance solicitor" as used in this Law shall mean an officer (excluding an officer who has power to represent his company and an auditor) or an employee of a life insurance company or an employee of these persons, or a person who is commissioned by a life insurance company (including unincorporated "Shadan" (Associational entity) and "Zaidan" (Foundation)) or his officer (excluding an officer who has power to represent his company and an auditor) administrator or employee, and who acts as an intermediary in making life insurance contracts for the said insurance company.
同條第二項中「締結の代理をなす者」の下に「（法人でない社団及び財団を含む。以下同じ。）」を加える。
In paragraph 2 of the same Article, "(including unincorporated" Shadan "and" Zaidan ";hereinafter the same)" shall be added next to "shall mean a person."
同條第四項を次のように改める。
Paragraph 4 of the same Article shall be amended as follows:
4 An "insurance company concerned" as used in this Law shall mean an insurance company which shall become an insurer of an insurance contract solicited by a life insurance solicitor, an officer or employee of a non-life insurance company, or a non-life insurance agent or its officers or employees.
In Article 3 paragraph 2 item 3, "by which he is commissioned" shall be amended as "concerned" ;paragraph 3 items 1 and 2 of the same Article shall be amended as follows;and paragraph 4 of the same Article shall be deleted:
1. Documents certifying that the applicant is an insurance solicitor or a non-life insurance agent. However, in the case of a life insurance solicitor who is commissioned and a non-life insurance agent the above documents shall be the contract of commission for soliciting;
2. In the case of incorporated or unincorporated "Shadan" or "Zaidan" , Articles of Incorporation or Act of Endowment (in the case of unincorporated "Shadan" or "Zaidan" , the documents of similar nature;hereinafter the same in Article 7), the personal history, copy of the family register or the documents of similar nature, of an officer or an administrator, and the written oath that the incorporated or unincorporated "Shadan" or "Zaidan" does not fall under any one of items 2, 3 and 5 of Article 5 paragraph 1;
3. In the case of an individual person, the personal history and copy of the family register or the documents of similar nature of that person (in case the said person has his legal representative, of that person and also that legal representative) and the written oath that he does not fall under any one of items 1 to 4 inclusive of Article 5.
The heading of Article 4 shall be amended as "(The Register and Notice of Registration)" ;in paragraph 2 item 3 of the same Article, "by which he is commissioned" shall be amended as "concerned" ;and the following one paragraph shall be added to the same Article:
3 In case the Minister of Finance has registered in accordance with the provision of the preceding paragraph, he shall give notice in writing, without delay, to the applicant to that effect.
In Article 5 paragraph 1, "after investigating facts in regard to the applicant" shall be deleted;and in item 5 of the same paragraph "or administrators" shall be added next to "the officers" , and paragraph 2 of the same Article shall be amended as follows:
2 In case the Minister of Finance intends to refuse registration in accordance with the provision of the preceding paragraph, he shall beforehand give notice to the applicant for registration to that effect and request the attendance of the applicant or his deputy and shall make the official designated by him hold a hearing in order to give opportunity to present evidence for explanation.
3 In the case of the preceding paragraph, if the person to be heard, does not appear for the hearing without a proper reason, the Minister of Finance may refuse registration without a hearing.
第六條中「遅滯なく、」の下に「理由を記載した文書をもつて、」を加える。
In Article 6, "in writing stating the reason" shall be added next to "to that effect" .
第七條及び第八條を次のように改める。
Articles 7 and 8 shall be amended as follows:
（生命保險募集人又は損害保險代理店の届出事項）
(Matters to be Reported by Life Insurance Solicitor or Non-Life Insurance Agent)
Article 7. When a change has taken place pertaining to the matters enumerated in any one of the items of Article 3 paragraph 2 or in documents mentioned in paragraph 3 item 1 of the same Article or matters stated in the Articles of Incorporation or Act of Endowment mentioned in item 2 of the same paragraph, a life insurance solicitor or non-life insurance agent must, without delay, report to the Minister of Finance to that effect.
2 A life insurance solicitor or non-life insurance agent shall report, without delay, to the Minister of Finance to that effect when he has come to fall under any one of items 1, 2, 4 and 5 of Article 5 paragraph 1 or when it has been made clear that he fell under any one of items 1 to 5 inclusive of the same paragraph at the time of registration.
3 In case a life insurance solicitor or a non-life insurance agent has come to fall under any one of the following items, persons mentioned therein shall report, without delay, to the Minister of Finance to that effect:
一 募集の業務を廃止した場合においては、当該生命保險募集人又は損害保險代理店であつた者
1. In case the business of soliciting has been discontinued, the said life insurance solicitor or non-life insurance agent;
二 個人が死亡した場合においては、その相続人
2. In the case of death of an individual person, the heir;
三 個人が破産し、又は法人が破産に因り解散した場合においては、その破産管財人
3. In the case of bankruptcy of an individual person or dissolution of a juridical person by bankruptcy, the bankruptcy administrator;
四 法人が合併に因り解散した場合においては、その業務を執行する役員であつた者
4. In the case of dissolution of a juridical person by amalgamation, persons who was executive officers;
五 法人が合併又は破産以外の事由に因り解散した場合においては、その清算人
5. In the case of a dissolution of a juridical person by reason other than amalgamation or bankruptcy, its liquidator;
六 法人でない社団又は財団が消滅した場合においては、その管理人であつた者
6. In case unincorporated "Shadan" or "Zaidan" has ceased to exist, persons who was administrators.
Article 7-(2). The Minister of Finance shall cancel the registration if a life insurance solicitor or non-life insurance agent falls under any one of the following items, except the case where he cancels the registration in accordance with the provision of Article 20 paragraph 1:
1. In case the person has come to fall under any one of items 1, 2, 4 and 5 of Article 5 paragraph 1 or when it has been made clear that the person fell under any one of items 1 to 5 inclusive of the same paragraph at the time of registrations;
二 登録当時第五條第一項第六号に掲げる者に該当していたことが判明したとき。
2. When it has been made clear that the person fell under Article 5 paragraph 1 item 6 at the time of registration;
三 不正の手段により第四條第二項の規定による登録を受けていたとき。
3. When the person has been registered in accordance with the provisions of Article 4 paragraph 2 by false means.
2 The provisions of Article 5 paragraphs 2 and 3 shall apply mutatis mutandis to the cancellation of registration under the provision of the preceding paragraph. In this case, "Applicant for registration" mentioned in Article 5 paragraph 2 shall read "the said life insurance solicitor or non-life insurance agent" .
Article 7-(3). In the following cases, the Minister of Finance shall withdraw the registration of matters in regard to the said life insurance solicitor or non-life insurance agent from the Life Insurance Solicitors Register or Non-Life Insurance Agents Register:
一 前條又は第二十條第一項の規定により登録を取り消したとき。
1. When the registration has been cancelled in accordance with the provisions of the preceding Article or Article 20 paragraph 1;
二 第七條第三項の規定による届出があつたとき。
2. When the report has been made in accotdance with the provision of Article 7 paragraph 3;
3. When it is deemed by the Minister of Finance that it comes under any one of the items of Article 7 paragraph 3 and the same is confirmed after having issued a notice to any of those persons as mentioned in items of the same paragraph requesting him to appear either in himself or by deputy and holding a hearing by the designated official to give the above person a chance to present evidence for explanation.
（損害保險代理店の役員又は使用人の届出）
(Filing of Officer or Employee of Non-Life Insurance Agent)
Article 8. When a non-life insurance agent causes its officers (officers other than auditors, having no power to represent the company;hereinafter the same, except the cases under Article 10 and Article 16) or employees engage in soliciting, the agent shall file their names and addresses with the Minister of Finance.
2 The non-life insurance agent shall report, without delay, to the Minister of Finance, any changes of matters filed in accordance with the provision of the preceding paragraph or in case the officers or employees filed in accordance with the provisions of the same paragraph has ceased to engage in soliciting or in the case of deaths of these persons.
第九條中「保險会社」を「損害保險会社」に改める。
In Article 9, "an insurance company" shall be amended as "a non-life insurance company" .
In Article 10 paragraph 1, "commissioned by" shall be deleted;in paragraph 2 of the same Article, "or employee of these persons" shall be added next to "officer or employee of another life insurance company" , and "nor to be engaged in soliciting as an officer or employee of the person engaged in soliciting for another life insurance company under commission" shall be added next to "to do the soliciting" .
In the heading of Article 11, "(...... the Consignor-Insurance Company)" shall be amended as "(...... the Insurance Company concerned)" ;in paragraph 1 of the same Article "A consignor-insurance company" and "or non-life insurance agent" shall be respectively amended as "The insurance company concerned" and "an officer or employee of a non-life insurance company, or a non-life insurance agent" ;the proviso to the same paragraph shall be deleted;in paragraph 2 of the same Article, "the preceding paragraph" and "or non-life insurance agent" shall be respectively amended as "paragraph 1" and "an officer and employee of a non-life insurance company, or a non-life insurance agent" ;paragraphs 2 and 3 of the same Article shall be made respectively paragraphs 3 and 4;and the following one paragraph shall be added next to paragraph 1 of the same Article as paragraph 2:
２ 前項の規定は、左に掲げる場合においては、これを適用しない。
2 The provision of the preceding paragraph shall not apply to the following cases:
1. In the case of life insurance solicitor who is an officer or employee of a life insurance company and an officer of a non-life insurance company who is engaged in soliciting, if the insurance company concerned has paid due care in nominating the said officer and further has taken proper care for the prevention of less inflicted to the insured in connection with the soliciting of these persons;
2. In the case of a life insurance solicitor who is an employee of a life insurance company or an employee of the said employee and an employee of a non-life insurance company who is engaged in soliciting, if the insurance company concerned haspaid due care concerning the employment of the said employee (excluding an employee of the employee of a life insurance company) and further has taken proper care for the prevention of loss inflicted to the insured in connection with the soliciting of these persons;
3. In the case of a life insurance solicitor commissioned by a life insurance company and a life insurance solicitor who is an officer or employee of the said insurance solicitor and a non-life insurance agent, if the insurance company concerned has paid due care in commissioning the life insurance solicitor or non-life insurance agent and further has taken proper care for the prevention of loss inflicted to the insured in connection with the soliciting of these persons.
第十二條第一項及び第十三條中「委託保險会社」を「所属保險会社」に改める。
In Article 12 paragraph 1 and in Article 13, "the company by which he is commissioned" and "The consignor-insurance company" shall be both amended as "the insurance company concerned" .
In Article 14, "...... by the officers, employees or life insurance solicitors of an insurance company......" shall be amended as "...... by the officers, employees of a non-life insurance company or life insurance solicitors......" and "(including an officer or employee of a non-life in-surance agent filed in accordance with the provision of Article 8 paragraph 1;hereinafter the same in this Article and in Article 19" shall be added next to "non-life insurance agent" , and "of the insurance company to which these persons belong or of the insurance company by which they are commissioned" shall be amended as "of the insurance company concerned to which these persons belong" .
第十六條第一項中「保險会社の役員」を「損害保險会社の役員」に改め、同項に次の一号を加える。
In Article 16 paragraph 1, "The officers, employees or life insurance solicitors of an insurance company" shall be amended as "The officers and employees of a non-life insurance company or life insurance solicitors" ;and the following one item shall be added to the same paragraph:
5 The act to obtain an application for a new insurance contract from a person effecting insurance or insured by improperly nullifying the insurance contract then in force (hereinafter referred to as "existing insurance contract" in this item or to improperly nullify the existing insurance contract by obtaining an application for a new insurance contract or to improperly nullify the existing insurance contract or to improperly obtain an application for a new insurance contract or any act persuading such acts.
In Article 18 paragraph 1, "Excepting its officers and employees and the life insurance solicitors or non-life insurance agents registered in accordance with the provisions of Art.4,......" shall be amended as "Excepting the life insurance solicitors registered in accordance with the provisions of Article 4 paragraph 2 in the case of a life insurance company, or the officers, employees or non-life insurance agents registered in accordance with the provisions of the same paragraph in the case of a non-life insurance company, a life insurance company or non-life insurance company......" ;and in paragraph 3 of the same Article, "Excepting the officers or employees reported in accordance with the provisions of Art.8 or the life insurance solicitors or non-life insurance agents registered in accordance with the provisions of Art.4......" shall be amended as "Excepting the life insurance solicitors registered in accordance with the provision of Article 4 paragraph 2 in the case of a life insurance solicitors, or the officers or employees filed in accordance with the provision of Article 8 paragraph 1 or the non-life insurance agents registered in accordance with the provisions of Article 4 paragraph 2 in the case of a non-life insurance agents,......" .
Article 20 paragraph 1 item 1 shall be amended as follows: 1. When he has acted in contravention of this Law or orders issued by the Minister of Finance based upon this Law, and other laws and orders. Paragraphs 2 to 5 inclusive of the same Article shall be amnede as follows:
2 The provisions of Article 5 paragraphs 2 and 3 and Article 6 shall apply mutatis mutandis to the suspension of business and cancellation of registration under the provision of the preceding paragraph. In this case, "applicant for registration" mentioned in Article 5 paragraph 2 shall read "the said life insurance solicitor or non-life insurance" agent ";and in paragraph 3 of the same Article," if does not appear for the hearing "shall read" if he does not appear within one month from the day requested to appear".
第二十一條を次のように改める。
Article 21 shall be amended as follows:
（外国生命保險事業者の役員等に対する規定の適用除外）
(Exemption of Application of the Law to Officers, etc. of Foreign Life Insurers)
Article 21. The provisions of Article 3 to Article 7-(3), inclusive, Article 9, and Article 20 (confined only to the part referring to the cancellation of registration) shall not apply to the officers and employees of the foreign life insurers.
第二十三條中「生命保險会社」の下に「又は損害保險会社」を加える。
In Article 23, "or non-life insurance company" shall be added next to "of the life insurance company" .
第二十五條第二号中「（第二十一條において準用する場合を含む。以下同じ。）」を削る。
In Article 25 item 2, "(including the cases where they apply with the necessary modifications to those of Art.21;hereinafter the same)" shall be deleted.
第二十六條を次のように改める。
Article 26 shall be amended as follows:
第二十六條 第七條又は第八條の規定による届出を怠つた者は、これを五千円以下の過料に処する。
Article 26. Any one who has neglected to file or report as provided for in Article 7 or 8 shall be liable to a non-criminal fine not exceeding \5,000.
附 則
Supplementary Provisions:
１ この法律は、公布の日から施行する。
1 This Law shall come into force as from the day of its promulgation.
2 At the time of enforcement of this Law, those who have been registered in the Officer and Employee Register in accordance with the provisions of Article 21 of the Law concerning the Control of Insurance Soliciting, before amendment, shall be deemed, after the enforcement of this Law, to have been registered in the Life Insurance Solicitors Register in accordance with the provision of Article 4 paragraph 2 of the Law concerning the Control of Insurance Soliciting, after amendment.
3 At the time of enforcement of this Law, those who have been reported (excluding the officers and employees of a non-life insurance agent) in accordance with the provision of Article 8 (including the case when this applies mutatis mutandis in Article 21) of the Law concerning the Control of Insurance Soliciting, before amendment, shall be deemed to have been registered, until three months from the day of enforcement of this Law have elapsed, in the Life Insurance Solicitors Register in accordance with the provision of Article 4 paragraph 2 of the Law concerning the Control of Insurance Soliciting, after amendment.
４ この法律施行前にした行為に対する罰則の適用については、なお従前の例による。
4 With respect to the application of the penal provisions for the acts committed prior to the enforcement of this Law, the former provisions shall still prevail.