Law for Partial Amendments to the Law concerning Non-Life Insurance Rating Organizations
法令番号: 法律第305号
公布年月日: 昭和26年12月10日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Law concerning Non-Life Insurance Rating Organizations.
Signed:HIROHITO, Seal of the Emperor
This tenth day of the twelfth month of the twenty-sixth year of Showa (December 10, 1951)
Prime Minister YOSHIDA Shigeru
Law No.305
Law for Partial Amendments to the Law concerning Non-Life Insurance Rating Organizations
The Law concerning Non-Life Insurance Rating Organizations (Law No.193 of 1948) shall be partially amended as follows:
The following one paragraph shall be added to Article 2:
6 In the premium rate shall be included a rate allowing an increase or decrease to or from the standard proportion as provided for in paragraph 1 by not more than ten per cent of such proportion.
In Article 8, "Any interested persons" shall be amended as "Any company, person effecting insurance, insured or any other interested persons (hereinafter referred to as the" interested persons").
In Article 9, ", and shall not be binding upon the members" shall be deleted.
Article 10 shall be amended as follows:
(Application for Approval of Premium Rates)
Article 10. When a rating organization computed premium rates, it shall obtain an approval of the Minister of Finance with regard to such premium rates. The same shall apply when it intends to revise the premium rates which have already been approved.
2 When a rating organization applies for an approval of the premium rates as mentioned in the preceding paragraph, it shall file with the Minister of Finance the documents containing the following matters in respect to the proposed rates together with the application for approval:
(1) Matters concerning the expected loss ratio;
(2) Matters concerning the expected business expense ratio;
(3) Matters concerning the method of the computation of premium rates;
(4) Any other matters used as basis for the computation of premium rates.
3 When a rating organization filed the application for approval in accordance with the provision of the preceding paragraph, it shall give a notice, without delay, to its members (excluding member whose aim to join is other than the use of these premium rates;hereinafter the same) about the premium rates applied for approval and the date when the application for approval has been accepted by the Minister of Finance.
(Request for Reviewal by the Interested Person)
Article 10-(2). In case a member has complaints about the premium rates which the rating organization he belongs to applied for approval in accordance with the provision of paragraph 2 of the preceding Article, he may, within two weeks after the day when the Minister of Finance has accepted the application for approval, file the complaints with the Minister of Finance and request to review such premium rates.
2 In case an interested person other than a member has complaints about the premium rates for which an application for approval was made in accordance with the provision of paragraph 2 of the preceding Article, he may, within two weeks after the day when the Minister of Finance has accepted the application for approval, file the complaints with the Minister of Finance and request to review such premium rates.
3 The requests for reviewal mentioned in the preceding two paragraphs shall be made in writing stating the grounds for such complaints.
4 In the case of natural calamity or other exceptional circumstances, the Minister of Finance may extend the period mentioned in paragraph 1 or 2.
(Reviewal by the Minister of Finance)
Article 10-(3). If a request for reviewal mentioned in paragraph 1 of the preceding Article is made concerning the premium rates, the Minister of Finance shall review the rates by requesting the attendance of the applicant, all directors of the rating organization to which the applicant belongs who have agreed to the computation of the premium rates in question, or his or their attorneys, by making enquiries as to the circumstances.
2 In the case of the preceding paragraph, if the applicant mentioned in the same paragraph or his attorney does not appear on the day requested to appear without proper reason, it shall be deemed that the applicant has waived the request for reviewal mentioned in paragraph 1 of the preceding Article, and if all directors who have agreed to the computation of the premium rates in question or their attorneys do not appear on the day requested to appear without proper reason, it shall be deemed that the application for approval under the provision of Article 10 paragraph 2 has been withdrawn.
3 The Minister of Finance shall, upon receipt of the request for reviewal under paragraph 2 of the preceding Article, review by holding a public hearing and making enquiries as to the circumstances; provided that, in the case where an urgent approval of the premium rate requested for reviewal is deemed necessary, or where the consequence following the approval of the said premium rate is deemed so small as to become noticed, or in the case provided for by other Cabinet Orders, the Minister of Finance may review the case without holding a public hearing.
4 When the Minister of Finance holds a public hearing and review matters as mentioned in the preceding paragraph, he shall give notice to the applicant of the reviewal and the rating organization which computed the premium rates requested for reviewal about the reason of holding a hearing and the date and place of the hearing and shall give a public notice regarding the outline of the matter for the hearing and the date and place of the hearing.
5 A person other than those provided for in the preceding paragraph who intends to express his opinion, attending the hearing mentioned in paragraph 3, shall file with the Minister of Finance the documents stating the reason why he was interested.
6 At the hearing mentioned in paragraph 3, the opportunities shall be given to the interested persons to present evidence and express the opinion concerning matters for the hearing.
7 The Minister of Finance may, for the purpose of carrying out necessary investigation concerning the matters for the hearing mentioned in paragraph 3, request the presence of the interested person or a witness and make enquiries or request their opinions or reports, or order the presence of an expert for an advice, on the request of the interested person or on his authority.
(Approval of Premium Rates)
Article 10-(4). In case no request for reviewal mentioned in Article 10-(2) paragraphs 1 and 2 was made, the Minister of Finance shall approve, without delay, the premium rates applied for an approval if he deems the same to be in conformity with the requirements provided for in Article 9. The same shall apply if he deems, after the reviewal mentioned in paragraphs 1 and 2 of the preceding Article, the premium rates computed by the rating organization requested for reviewal to be in conformity with the provision of Article 9.
2 In case a rating organization has obtained an approval in accordance with the provision of the preceding paragraph concerning the premium rates, it shall be deemed that the members belonging to the said rating organization have obtained an approval mentioned in Article 10 paragraph 1.
3 The Minister of Finance shall give a public notice when he gives an approval mentioned in paragraph 1.
(Notice of Disapproval and Order for Re-examination)
Article 10-(5). In the case mentioned in paragraph 1 of the preceding Article, if the Minister of Finance deems the premium rates applied for an approval not to be in conformity with the requirements provided for in Article 9, he shall without delay, give notice to the applicant in writing of the disapproval stating the reason.
2 The Minister of Finance shall, if he regards the complaint of the applicant for reviewal to be reasonable after his reviewal mentioned in Article 10-(3) paragraph 1 or 3, order the rating organization which computed the premium rates under the reviewal, to re-examine the computation of the premium rates applied for the reviewal.
(Order for Revision of the Approved Premium Rates)
Article 10-(6). When the Minister of Finance deems the premium rates approved in accordance with the provision of Article 10-(4) paragraph 1 to have become unfit to the requirement provided for in Article 9 because of the change since the approval of the conditions used as basis for computation, he shall order the rating organization which computed the premium rates in question to revise the said premium rates by documents stating the reason. In this case, the said rating organization shall apply for revision of the said premium rates in accordance with the provision of the latter part of Article 10 paragraph 1.
(Obligation to Abide by Premium Rates)
Article 10-(7). The member shall abide by the premium rates which have been approved by the Minister of Finance in accordance with the provision of Article 10-(4) paragraph 1 for the rating organization to which such member belongs.
(Special Premium Rates)
Article 10-(8). Notwithstanding the provision of the preceding Article, a member may, in respect to the subject matters of insurance having the same basis of calculating premium rates, use special rates which have increased or decreased, by a specific ratio, those rates which have been approved by the Minister of Finance in accordance with the provision of Article 10-(4) paragraph 1, in case there exist special circumstances in the expense ratio of the insurance business which is operated by the said member or in other conditions which have been the basis of calculating premium rates.
2 A member shall obtain approval of the Minister of Finance in respect to such special premium rates when it intends to use such special premium rates provided for in the preceding paragraph.
3 Necessary matters pertaining to the range of the subject matters of insurance mentioned in paragraph 1 shall be prescribed by Order.
(Application for Approval, Request for Reviewal and Reviewal of Special Premium Rates)
Article 10-(9). In case a member intends to obtain approval of special premium rates mentioned in the preceding Article, it shall file with the Minister of Finance an application for approval stating the reasons therefor together with the documents describing the matters mentioned in Article 10 paragraph 2 items (1) to (3) inclusive and also such materials as are used as a basis of calculating such special premium rates.
2 When a member has filed an application for approval in accordance with the provision of the preceding paragraph, he shall, without delay, notify the rating organization to which he belongs, of the date on which the Minister of Finance has accepted the special premium rates contained in the said application for approval and the said application for approval, and also he shall give a public notice to that effect.
3 The provisions of Article 10-(2) paragraphs 2 to 4 inclusive shall apply mutatis mutandis to the request for reviewal of premium rates which are applied for approval in accordance with the provision of paragraph 1, and the provisions of Article 10-(3) paragraphs 3 to 7 inclusive shall apply mutatis mutandis to the case where a request for such reviewal is made. In these cases, "an interested person other than a member" mentioned in Article 10-(2) paragraph 2 shall read "interested persons" .
(Approval of Special Premium Rates)
Article 10-(10). In case no request for reviewal mentioned in Article 10-(2) paragraph 2 which applies mutatis mutandis in Article 10-(9) paragraph 3 within two weeks after the receipt of an application for approval under the provision of paragraph 1 of the same Article, if the Minister of Finance deems that there is a sufficient reason in respect to the application for approval under the provisions of paragraph 1 of the preceding Article, he shall approve, without delay, the special premium rates pertaining to such application, fixing a limit of effective period not exceeding one year. The same shall apply also when it is deemed that there is a sufficient reason regarding the application for approval of the special premium rates requested for reviewal, after the reviewal under Article 10-(3) paragraph 3 which applies mutatis mutandis in paragraph 3 of the preceding Article.
2 When a member has obtained an approval of the special premium rates mentioned in the preceding paragraph, it is deemed that an approval pertaining to the said special premium rates mentioned in Article 10 paragraph 1 has been obtained in respect to the Insurance Business Law.
3 In case the Minister of Finance deems that there is no sufficient reason in the application for approval of the special premium rates mentioned in paragraph 1 of the preceding Article, he shall, without delay, notify the applicant to the effect that said special premium rates are not approved, in writing with the reason therefor.
4 The provision of Article 10-(4) paragraph 3 shall apply mutatis mutandis to the approval mentioned in paragraph 1.
(Request for Re-reviewal by Interested Persons and Re-reviewal)
Article 10-(11). In case interested persons have complaints about the premium rates approved in accordance with the provision of Article 10-(4) paragraph 1 or paragraph 1 of the preceding Article, they may, within two weeks after the date when notification under the provision of Article 10-(4) paragraph 3 (including the cases where the said provision applies mutatis mutandis in paragraph 4 of the preceding Article) pertaining to the said approval, complain to the Minister of Finance and request for re-reviewal of the said premium rates.
2 The provisions of Article 10-(2) paragraphs 3 and 4 shall apply mutatis mutandis to the request for re-reviewal mentioned in the preceding paragraph, and the provisions of Article 10-(3) paragraphs 3 (excluding the proviso) to 7 inclusive shall apply mutatis mutandis to the case where the said request for re-reviewal is made. In these cases, "paragraph 1 or 2" as mentioned in Article 10-(2) paragraph 4 shall read "Article 10-(11) paragraph 1" .
(Action by the Minister of Finance pertaining to Re-reviewal)
Article 10-(12). In case the Minister of Finance has received request for re-reviewal mentioned in paragraph 1 of the preceding Article, if he deems, after reviewal mentioned in Article 10-(3) paragraph 3 which applies mutatis mutandis in paragraph 2 of the same Article, that there is a sufficient reason in the request for the said re-reviewal, he shall order the rating organization or the member which obtained approval of the said premium rates, to revise such premium rates.
2 In case a rating organization has revised premium rates in accordance with the order by the Minister of Finance as mentioned in the preceding paragraph, such revised premium rates shall be deemed to have been given the approval mentioned in Article 10 paragraph 1 of the Insurance Business Law for the member belonging to the said rating organization, and in case a member has revised premium rates in accordance with the order by the Minister of Finance as mentioned in the preceding paragraph, such revised premium rates shall be deemed to have been given the approval mentioned in Article 10 paragraph 1 of the Insurance Business Law for the said member.
3 In case the Minister of Finance has received request for re-reviewal mentioned in paragraph 1 of the preceding Article, if he deems, after reviewal mentioned in Article 10-(3) paragraph 3 which applies mutatis mutandis under paragraph 2 of the same Article, that there is no sufficient reason in the request for the said re-reviewal, he shall decide to refuse such request and shall notify the person who requested for the said re-reviewal in writing with the reason therefor.
(Bringing of Actions)
Article 10-(13). Any person dissatisfied with the disposition of the Minister of Finance based on the provisions of this Law may bring an action to the Court in accordance with the provisions of the Law for Special Regulations concerning Procedure of Administrative Litigations (Law No.81 of 1948) in respect to the judgement of the facts and the application of the Law by the Minister of Finance, for such disposition.
In Article 12, "in accordance with the provisions of the Articles of Incorporation" shall be amended as "as provided for by Order" .
In Article 14 paragraph 1, "this Law or" shall be added next to "has violated" , and "this or other laws or ordinances," shall be amended as "this Law, or other laws or orders," .
Article 26 item (2) shall be deleted;item (1) of the same Article shall be made item (3) of the same Article;and the following two items shall be added as items (1) and (2) of the same Article:
(1) One who violated the order issued under the provisions of Article 10-(5) paragraph 2, Article 10-(12) paragraph 1 or Article 14;
(2) One who failed to apply for approval in violation of the provision of Article 10-(6).
In Article 28, "a non-life insurance rating organization" shall be amended as "a rating organization" ;and item (4) of the same Article shall be made item (5) of the same Article, and the numbering of the subsequent items shall be moved down by one;and the following one item shall be added next to item (3):
(4) For violating the provision of Article 10 paragraph 3;
Next to Article 28, the following one Article shall be added:
Article 28-(2). Any person who has neglected to notify or make public notice under the provision of Article 10-(9) paragraph 2, or who has wrongly notified or made wrong public notice, shall be liable to a fine not exceeding five thousand yen.
Supplementary Provision:
This Law shall come into force as from the day of its promulgation.
Minister of Finance IKEDA Hayato
Minister of International Trade and Industry TAKAHASHI Ryutaro
Minister of Transportation YAMAZAKI Takeshi
Prime Minister YOSHIDA Shigeru