In Article 6 paragraph 1 item (1), "(including Joint Enterprise Cooperatives and excluding Cooperatives other than Joint Enterprise Cooperatives)" shall be deleted;and, in the same item, "100" shall be amended as "300" , and, "20" shall be amended as "30" .
第七條第二項中「(組合を含む。)」を削る。
In Article 7 paragraph.2, "(including cooperative)" shall be deleted.
第二十三條第一項を次のように改める。
Article 23 paragraph 1 shall be amended as follows:
The member may, in case he has suspended his business or has abolished a part of his business or in case there exist other unavoidable circumstances, reduce the number of shares of his subscription at the close of business year in accordance with the provisions of the Articles of the Cooperative.
第二十五條及び第二十六條を次のように改める。
Article 25 and Article 26 shall be amended as follows:
In Article 27 paragraph 1, "Promoters shall, upon completion of formulation of the Articles of the Cooperative by drafters," shall be amended as "Promoters shall draw up the Article of the Cooperative and" , and, in paragraph 3 of the same Article, "drafters" shall be amended as "promoters" , and paragraph 6 of the same Article shall be amended as follows:
第三十三條第一項第十四号を削る。
第三十五條第三項を次のように改める。
6 The provisions of Article 11 of this Law, Article 239 paragraph 5, Article 240 paragraph 2 (Votes of Interested Parties), Article 244 (Minutes), Articles 247 to 250 inclusive and 243 (Annulment or Cancellation of Resolution) of the Commercial Code shall apply mutatis mutandis to the Constituent General Meeting. In this case, "directors" in Article 244 paragraph 2 of the Commercial Code and "Article 343" in Article 247 paragraph 1 of the same Code shall respectively read "promoters" and "Article 53 of the Smaller Enterprise, Etc. Cooperative Law" .
Article 33 paragraph 1 item (14) shall be deleted.
Article 35 paragraph 3 shall be amended as follows:
3 Officers shall be elected at a General Meeting in accordance with the provisions of the Articles of Cooperative;provided, however, that officers at the time of formation of the Cooperative shall be elected at the Constituent General Meeting.
第三十五條中第四項を第七項とし、第五項を第八項とし、第三項の次に次の三項を加える。
In Article 35, paragraph 4 and paragraph 5 shall be respectively made paragraph 7 and paragraph 8;and, next to paragraph 3, the following three paragraphs shall be added:
4 At least two-thirds of the fixed number of directors (excluding the directors of Joint Enterprise Cooperatives, hereinafter the same in this paragraph) shall be members or officers of any juridical person who is a member;provided however, that at least two-thirds of the fixed number of directors at the time of formation of the same Cooperative shall be those intending to be its members or officers of any juridical person intending to be its member.
5 The officers of the Joint Enterprise Cooperatives shall be its members;provided, however, that the officers of the same Cooperatives at the time of formation of the Cooperatives shall be those intending to be its members.
6 When more than one-third of the fixed number of directors or auditors become vacant, the vacancy shall be filled up within three months.
第三十六條の二の次に次の一條を加える。
The following one Article shall be added next to Article 36-(2):
第三十六條の三 理事会の議事は、理事の過半数が出席し、その過半数で決する。
Article 36-(3). The resolution of the board of directors shall be adopted by a majority of the directors present constituting not less than one half of the total number of directors.
2 The Cooperative may, in accordance with the provision of the Articles of the Cooperative, stipulate that the directors have the right to vote at the board of directors by letter.
第三十七條第二項を次のように改める。
Article 37 paragraph 2 shall be amended as follows:
2 左に掲げる者は、その組合の理事となつてはならない。
2 The following person shall not be a director of the Cooperative:
(1) The person (officers, in case of juridical person), who is engaged in any business which is in competition in substance with those of the Cooperative and which is not prescribed by the Articles of Cooperative as one of conditions for qualification for membership;
(2) The person (officers, in case of juridical person), not being qualified for members, who is engaged in any business which is prescribed by the Articles of Cooperative as one of condition for qualification for membership or in any business which competes in substance with the above business (excluding the small entrepreneur mentioned in Article 6 paragraph 1 or 2).
In Article 42, "Article 259" shall be amended as "Article 239 paragraph 5, Article 240 paragraph 2 (Vote of Interested Parties), Article 259" , and, ", Articles 260-(2) and.260-(3)(Resolution and Minutes of Meeting)" shall be amended as "and Article 260-(3)(Minutes of the Board of Directors)" .
In Article 51 paragraph 1 item (3), next to "amendment of" shall be added "budgets for revenue and expenditure and" ;and the following proviso shall be added to paragraph 2 of the same Article:
但し、信用協同組合及び第七十七條第一項第一号の事業を行う協同組合連合会にあつては、この限りでない。
;provided, however, that the same provisions shall not apply to the Credit Cooperative and the Federation of Cooperatives which is engaged in the business mentioned in Article 77 paragraph 1 item (1).
In Article 55 paragraph 3, "Credit Cooperative" shall be amended as "Cooperative" ;and, in paragraph 4 of the same Article, "Article 35 paragraphs 4 and 5" shall be amended as "Article 35 paragraphs 7 and 8" ;and, paragraph 6 of the same Article shall be amended as follows:
6 The provisions concerning General Meeting shall apply mutatis mutandis to meeting of representatives. In this case, "no person other than members, kinsmen or employees" in Article 11 paragraph 2 shall read "no person other than members" ;and in paragraph 4 of the same Article, "four proxies" shall read as "one proxy" .
第五十五條に次の一項を加える。
The following one paragraph shall be added to Article 55:
7 Notwithstanding the provision of the preceding paragraph, no resolution shall be adopted at a meeting of representatives, regarding the election of representatives (excluding a by-election) or the matter prescribed in Article 53 item (2) or (4).
第五十九條第三項中「六分」を「一割」に改める。
In Article 59 paragraph 3, "six per cent" shall be amended as "ten per cent" .
第六十四條第二項を次のように改める。
Article 64 paragraph 2 shall be amended as follows:
2 前項の規定による役員の任期は、最初の通常総会の日までとする。
2 The term of office of the officers under the provision of the preceding paragraph shall be until the next annual General Meeting.
第六十四條に次の一項を加える。
The following one paragraph shall be added next to Article 64:
4 第一項の規定による役員の選任については、第三十五條第四項本文及び第五項本文の規定を準用する。
4 The provisions of the principal clause of Article 35 paragraphs 4 and 5 shall apply mutatis mutandis to the selection of the officers prescribed in paragraph 1.
第六十六條中「第百四條、第百五條」を「第百四條から第百六條まで」に改める。
In Article 66, "Articles 104,105" shall be amend-ed as "Articles 104 to 106 inclusive" .
In Article 69, "Articles 37 to 40-(2) inclusive" shall be amended as "Articles 36-(2) to 40-(2) inclusive" , and, "Article 254 paragraph 3" shall be amended as "Article 239 paragraph 5, Article 240 paragraph 2 (Vote of Interested Parties), Article 254 paragraph 3" , and, "Articles 259 to 261-(2) inclusive (Board of Directors and Execution and Representation)" shall be amended as "Articles 259 to 259-(3) inclusive (Convening of Board of Directors), Articles 260-(3) to 261-(2) inclusive (Minutes of the Board of Directors and Representation of the Company)" .
第七十一條第四項中「第四條(許可の附款)、」を削る。
In Article 71 paragraph 4, "Article 4 (Additional Condition of Permission)," shall be deleted.
第七十七條中第三項を削り、第四項を第三項とし、第五項を第四項とする。
In Article 77, paragraph 3 shall be deleted;and paragraph 4 and paragraph 5 shall be made respectively paragraph 3 and paragraph 4.
第八十二條第一項中「第五十一條第四号」を「第五十一條第一項第四号」に改める。
In Article 82 paragraph 1, "Article 51 item (4)" shall be amended as "Article 51 paragraph 1 item (4)" .
第百五條の二の次に次の一條を加える。
The following one Article shall be added next to Article 105-(2):
Article 105-(3). The Administrative Authority may collect from the Cooperatives once a year reports concerning their members, officers, employees, quantity of business and general situation, which are especially necessary for the purpose of carrying out fairly and appropriately administration of the Cooperatives.
In the heading of Article 106, "Recommendation" shall be amended as "Order" ;and, in paragraph 1 of the same Article, "paragraph 1 of the preceding Article" shall be amended as "Article 105-(2) paragraph 1" , and, "preceding Article, paragraph 2" shall be amended as "Article 105-(2) paragraph 2" , and, "recommend the Cooperative to take, within certain period, a corrective measure" shall be amended as "order the Cooperative to take, within certain period, necessary corrective action" ;and, paragraph 2 of the same Article shall be deleted.
第百七條中「五十人」を「百人」に改める。
In Article 107, "50" shall be amended as "100" .
第百十條中「第二項」の下に「並びに第五十九條」を加える。
In Article 110, "and Article 59" shall be added next to "paragraph 2" .
第百十一條第一項を次のように改める。
Article 111 paragraph 1 shall be amended as follows:
この法律中「行政庁」とあるのは、第六十五條第二項の場合を除いては、左の各号に定めるところによる。
The term "Administrative Authority" as used in this Law shall be as provided for in each of the following items, with the exception of the case under Article 65 paragraph 2:
(1) In the case of the Common Facility Cooperatives and the Federation of Cooperatives (excluding such one as performs the business mentioned in Article 77 paragraph 1 item (1)), with respect to such one as does not extend its business area beyond the jurisdictional area of To, Do, Fu or Prefecture and as performs the business, not under the jurisdiction of the Minister of Finance or Minister of Transportation and prescribed by the Articles of Cooperative as one of the conditions for the qualification for membership, the Governor of To, Do, Fu or Prefecture administering the locality of its principal office (hereinafter referred to as "jurisdictional Governor of To, Do, Fu or Prefecture" );with respect to such one as does not extend its business area beyond the jurisdictional area of To, Do, Fu or Prefecture and as performs the business under the jurisdiction of the Minister of Finance or Minister of Transportation and other business, and prescribed by the Articles of Cooperative as one of the conditions of the qualification for membership, the Minister of Finance or Minister of Transportation and the jurisdictional Governor of To, Do, Fu or Prefecture concerned;and with respect to other ones, the competent Minister over the business prescribed by the Articles of Cooperative as one of the conditions for qualification for membership;
(2) In the case of the Credit Cooperative and the Federation of Cooperatives performing the business mentioned in Article 77 paragraph 1 item (1), with respect to such one as does not extend its business area beyond the jurisdictional area of To, Do, Fu or Prefecture, the jurisdictional Governor of To, Do, Fu or Prefecture concerned;and with respect to other ones, the Minister of Finance;
(3) In the case of the Joint Enterprise Cooperative, with respect to such one as performs all its business under the jurisdiction of the Minister of Finance or Minister of Transportation, the Minister of Finance or Minister of Transportation;with respect to such one as performs the business under the jurisdiction of the Minister of Finance or Minister of Transportation and other business, the Minister of Finance or Minister of Transportation and the jurisdictional Governor of To, Do, Fu or Prefecture concerned;and with respect to other ones, the jurisdictional Governor of To, Do, Fu or Prefecture concerned.
第百十四條の次に次の一條を加える。
The following one Article shall be added next to Article 114:
Article 114-(2). In case any Cooperative has violated the provision of Article 106, its Directors shall be punished with a fine not exceeding ten thousand yen.
第百十五條中「理事」を「発起人、理事」に改め、第六号の次に次の一号を加える。
In Article 115, "officer" shall be amended as "promoter, director" ;and, the following one item shall be added next to item (6):
六の二 第三十五條第六項の規定に違反したとき。
(6)-2) In case the provision of Article 35 paragraph 6 was violated;
In Article 115 item (18), "Article 77 paragraph 4" shall be amended as "Article 77 paragraph 3" ;and, in item (19) of the same Article, "or 3" shall be deleted;and, the following one item shall be added to the same item:
二十 第百五條の三の規定による報告をせず、又は虚偽の報告をしたとき。
(20) In case he has neglected to make report or he has made false report under the provision of Article 105-(3).
1 This Law shall come into force as from May 1, 1952;provided, however, that the amended provisions of Article 6 paragraph 1 item (1), Article 77 paragraph 3 and Article 107 shall come into force as from the day of promulgation of this Law.
2 The Articles of Cooperative which has before the enforcement of this Law, been given public notice in accordance with the provision of Article 27 paragraph 1 before amendment, shall be deemed to be the Articles which has been drawn up and given public notice by the promoters in accordance with the provision of Article 27 paragraph 1 after amendment.
(訴の提起等についての担保)
(Securities with Respect to Institution of Action, Etc.)
3 With respect to the application for, or the institution of action made, before the enforcement of this Law, in accordance with the provisions of Article 247 of the Commercial Code which apply mutatis mutandis in Article 27 paragraph 6 or Article 54 before amendment, or, Article 104 of the Commercial Code which apply mutatis mutandis in Article 66 before amendment, or, Article 58 of the Commercial Code which apply mutatis mutandis in Article 110 before amendment, the old provisions shall still prevail even after the enforcement of this Law.
4 In the case where more that one third of the fixed number of derictors or auditors are vacating at the time of enforcement of this Law, the vacancy shall be fille up within three months from the day of enforcement of this Law.
(罰則)
(Penal Provision)
5 この法律の施行前にした行為に対する罰則の適用については、この法律の施行後もなお従前の例による。
5 With respect to the application of penal provisions to the acts committed before the enforcement of this Law, the old provisions shall still prevail, even after the enforcement of this Law.
大蔵大臣 池田勇人
Minister of Finance IKEDA Hayato
厚生大臣 吉武恵市
Minister of Welfare YOSHITAKE Eichi
農林大臣 広川弘禅
Minister of Agriculture and Forestry HIROKAWA Kozen
通商産業大臣 高橋龍太郎
Minister of International Trade and Industry TAKAHASHI Ryutaro