I hereby promulgate the Law for the Partial Amendments to the Smaller Enterprise Credit Insurance Law.
Signed:HIROHITO, Seal of the Emperor
This thirtieth day of the eleventh month of the twenty-sixth year of Showa (November 30, 1951)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Smaller Enterprise Credit Insurance Law
The Smaller Enterprise Credit Insurance Law (Law No.264 of 1950) shall be partially amended as follows:
Before Article 1, the following contents and title of chapter shall be added:
Contents
Chapter I General Provisions(Articles 1・2)
Chapter II Insurance Making Financial Institution the Other Party(Articles 3-9)
Chapter III Insurance Making the Designated Juridical Person the Other Party(Articles 9-(2)-9-(5))
Chapter IV Miscellaneous Provisions(Articles 10-12)
Supplementary Provisions
CHAPTER I General Provisions
In Article 1, next to "loans made by financial institutions to smaller entrepreneurs" shall be added "and guarantee on obligations of the smaller enterpreneurs to the financial institutions made by the designated juridical person" , and "credit insurance" shall be amended as "insurance" .
In Article 2 paragraph 2, "a capital (the total of shares, the total of capital investment, or the aggregate of the total of shares and the total of capital investment)" shall be amended as "an amount of capital or total amount of capital investment" , the same paragraph shall be made paragraph 3;and next to paragraph 1 of the same Article, the following one paragraph shall be added:
2 The term, "designated juridical person" as used in this Law shall mean the juridical person established in accordance with the provisions of Article 34 of the Civil Code (Law No.89 of 1896) with an object of making guarantee on the obligations of the smaller enterpreneurs to the financial institutions, and designated by Cabinet Order.
Next to Article 2, the following title of chapter shall be added:
CHAPTER II Insurance Making Financial Institution the Other Party
In Article 4 paragraph 2, "3 million yen" shall be amended as "5 million yen" , and "10 million yen" as "20 million yen" .
Next to Article 9, the following chapter shall be added:
CHAPTER III Insurance Making the Designated Juridical Person the Other Party
(Insurance Contract)
Article 9-(2). The Government may, every half term of the fiscal year, conclude a contract with a designated juridical person, which provides that insurance relations is established between the Government and such a designated juridical person, upon notification from such designated juridical person to the Government that it has made a guarantee on obligation of loans obtained by a smaller enterpreneur from the financial institution, until its amount reaches to a fixed amount.
2 In the insurance relations under the preceding paragraph, the amount of loan guaranteed shall be the insurance value, the repayment of the whole or a part of the loans made in place of the smaller entrepreneur shall constitute an insurance accident and 50 per cent of the insurance value shall be the amount insured.
3 The Government many not conclude the contract under paragraph 1 unless it is within the limit that the sum total of loans by all the designated juridical persons, on which the guarantee is made for constituting the insurance relations provided in paragraph 1 does not exceed the amount decided upon the Diet for each fiscal year.
(Loans Guaranteed Constituting Insurance Relations)
Article 9-(3). The loans which are guaranteed constituting the insurance relations under paragraph 1 of the preceding Article shall be limited to those which are necessary for the promotion of business of the smaller enterpreneurs.
2 The amount of loan under the preceding paragraph shall not exceed 5 million yen it total for each smaller entrepreneur (20 million yen in case of a smaller enterprises, etc. cooperative).
(Insurance Money)
Article 9-(4). The amount of insurance money to be paid by the Government in accordance with the insurance relations under Article 9-(2) paragraph 2 shall be 50 per cent of the balance obtained after deducting from the amount of loans repaid by the designated juridical person in place of the smaller entrepreneur, the amount obtained (in case repayment was made, besides the amount loaned, on interest or expense as well by the designated juridical person, the amount obtained by multiplying the amount obtained by the exercise of right to indemnity by the ratio of the amount of loan repaid on the total amount repaid) by the exercise of the right to indemnity by the designated juridical person on the smaller entrepreneurs by the time of making the application for that payment (excluding the legal interest after the repayment and unavoidable expenses and other reparations;hereinafter the same).
(Application Mutatis Mutandis)
Article 9-(5). The provision of Article 5 shall apply mutatis mutandis to an insurance making the designated juridical person the other party.
2 The provisions of Article 7 and Article 9 small apply mutatis mutandis to the designated juridical person.
3 The provision of Article 8 shall apply mutatis mutandis to a case where the designated juridical person has made repayment in place of the smaller entrepreneur if the Government has paid the full amount of insurance money. In this case, "75 per cent" shall read "50 per cent" .
Next to Article 9-(5), the following title of chapter shall be added:
CHAPTER IV Miscellaneous Provisions
In Article 10, "financial institution" shall be amended as "financial institution or designated juridical persons" , "contract under Article 3 paragraph 1" shall be amended as "insurance contract under Article 3 paragraph 1 or Article 9-(2) paragraph 1" , "insurance relations under the same paragraph" as "insurance relations under Article 3 paragraph 1 or Article 9-(2) paragraph 1" and "contract under the same paragraph" as "insurance contract" .
In Article 11 paragraph 1, Article 3 paragraph 1 "shall be amended as" Article 3 paragraph 1 or Article 9-(2) paragraph 1 ";in the same Article paragraph 2," loans made by the financial institution provided for in Article 8 "as" provided for in Article 8 (including the case of making application mutatis mutandis under Article 9-(5) paragraph 3 ", and" financial institution concerned "as" financial institution or the designated juridical person concerned ";and in the same Article paragraph 3," financial institution "as" financial institution or the designated juridical person".
In Article 12 paragraph 2, "contract under Article 3 paragraph 1" shall be amended as "insurance contract under Article 3 paragraph 1 or Article 9-(2) paragraph 1" .
Supplementary Provisions:
1 This Law shall come into force as from December 1, 1951.
2 The Government may, notwithstanding the provisions of Article 9-(2) paragraph 3, conclude, only in the 1951 fiscal year, the contract provided in the same Article paragraph 1 within the limit that the total amount of loans on which guarantee is made to constitute the insurance relations provided in the same Article paragraph 1 by all the designated juridical persons shall not exceed 10,000 million yen.
3 The Special Account for Smaller Enterprise Credit Insurance Law (Law No.265 of 1950) shall be partially amended as follows:
In Article 4 paragraph 1, "money collected from loan obligation subrogated by the Government in accordance with the provisions of Article 8 of the Law" shall be amended as "money collected by subrogation as provided by Article 8 of the Law (including the case in which application mutatis mutandis is made in Article 9-(5) paragraph 3 of the Law)" .
Minister of Finance IKEDA Hayato
Minister of Agriculture and Forestry NEMOTO Ryutaro
Minister of International Trade and Industry TAKAHASHI Ryutaro
Prime Minister YOSHIDA Shigeru