(Business)
Article 22. The Promotion Association shall be engaged in the following business to attain the purpose under Article 1:
(1) Loaning funds, to school juridical persons, necessary for the operation of private schools established thereby (including the fund necessary for facilities of such schools);
(2) Giving aids to school juridical persons, with regard to works conducted by private schools established thereby, for the promotion of education;
(3) Loaning fund or giving aid necessary for facilities, etc. concerning works for inservice training and for the benefit and welfare, of private school personnel, and concerning other works deemed necessary for the promotion of private school education to those who carry out such works;
(4) Business incidental to the business mentioned in each of the preceding items.
2 In addition to the business mentioned in each item of the preceding paragraph, the Promotion Association may conduct such business as necessary for attaining the purpose under Article 1, after obtaining the authorization thereof from the Minister of Education.
3 The Promotion Association may give aids in accordance with the provision of paragraph 1 item (2) or item (3) only within the limit of the amount equivalent to the amount of profit upon settlement of profit and loss account for the preceding business year less the amount devoted to compensation for the loss carried over and the amount accumulated as the special reserve fund under the provision of Article 32 paragraph 1 and as the ordinary reserve fund under the provision of paragraph 2 of the same Article, in the business year concerned.
(Fundamental Principle of Executing Business)
Article 23. The business of the Promotion Association must be executed with confidence in its fair and trustworthy operation in accordance with the purpose of the Promotion Association provided for in Article 1.
(Statement of Business Management)
Article 24. The Promotion Association shall, at the commencement of its business, determine the statement of business methods and obtain the approval thereof from the Minister of Education. The same shall apply to the case of proposing change therein.
2 The statement of business methods under the preceding paragraph shall refer to the extent of loaning, the interest rate and the term of loans, the extent and aim of aid, and the standards concerning business by proxy under the provision of Article 28 paragraph 2.
(Examination relative to Loaning or Aiding)
Article 25. The Promotion Association shall, in loaning or aiding in accordance with the provision of Article 22, examine into the conditions of school juridical persons or others which desire to get loan or aid whether or not the purpose of such loaning or aiding can be attained effectively.
(Restriction of Loaning or Aiding)
Article 26. In the case where a school juridical person which is under an obligation towards the Promotion Association (including a school juridical person to which To, Do, Fu or prefecture has loaned funds of the former obligatory right which were loaned to To, Do, Fu or prefecture concerned) does not perform the repayment of the principal and interest of such obligation, the Promotion Association shall not make a new loan of funds nor give other aids for the school juridical person concerned, except the case where such non-performance is due to calamity or other special causes.
(Dealing with the Former Obligatory Right)
Article 27. In the case where disaster or other special cause has made it very difficult for an establisher of a private school to pay the principal and interest of the former obligatory right, or of the obligatory right of a loan which To, Do, Fu or prefecture made with the funds of the former obligatory right, and when the Promotion Association or To, Do, Fu or prefecture proposes to change the condition of loan of the obligatory right concerned or the method of paying the principal and interest for delay, the authorization thereof must be obtained from the Minister of Education in the case of the Promotion Association, and the approval thereof from the Promotion Association in the case of To, Do, Fu or prefecture.
2 In the case where calamity or other special cause has made it impossible for an establisher of a private school to perform wholly or partially the obligation due to the former obligatory right or to the obligatory right of a loan which To, Do, Fu or prefecture made with the funds of the former obligatory right, and when the Promotion Association or To, Do, Fu or prefecture proposes to exempt wholly or partially the obligation concerned, the authorization thereof must be obtained from the Minister of Education in the case of the Promotion Association, and the approval thereof from the Promotion Association in the case of To, Do, Fu or prefecture.
3 In the case where the Promotion Association proposes to give the approval under the two preceding paragraphs, it shall obtain the authorization thereof, in advance, from the Minister of Education.
4 In the case where To, Do, Fu or prefecture has changed the condition or loan or the method of paying the principal and interest for delay in accordance with the provision of paragraph 1, or exempted the obligation wholly or partially in accordance with the provision of paragraph 2, the Promotion Association shall enact the same measure in regard to the part, of the former obligatory right toward To, Do, Fu or prefecture concerned, equivalent to the obligatory right of which such measure of changing the condition of loan or other measure has been done.
(Loaning Business by Proxy)
Article 28. The Promotion Association may, after obtaining the authorization from the Minister of Education, cause a bank or other financial organs to act as a proxy concerning a part of the loaning business under Article 22 paragraph 1 item (1) or item (3).
2 When the Promotion Association intends to cause a bank or other financial organs to act as a proxy concerning a part of the loaning business in accordance with the preceding paragraph, the former shall give the latter the standards for the delegated business.