The Smaller Enterprise, Etc. Cooperative Law (Law No.181 of 1949) shall be partially amended as follows:
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" .
In Article 7 paragraph.2, "(including cooperative)" shall be deleted.
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.
Article 25 and Article 26 shall be amended as follows:
Article 25 and Article 26. Deleted.
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:
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.
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.
The following one Article shall be added next to Article 36-(2):
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.
Article 37 paragraph 2 shall be amended as follows:
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:
;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 54, "Articles 247,248,250" shall be amended as "Articles 247 to 250 inclusive" .
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" .
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).
In Article 59 paragraph 3, "six per cent" shall be amended as "ten per cent" .
Article 64 paragraph 2 shall be amended as follows:
2 The term of office of the officers under the provision of the preceding paragraph shall be until the next annual General Meeting.
The following one paragraph shall be added next to Article 64:
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.
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)" .
In Article 71 paragraph 4, "Article 4 (Additional Condition of Permission)," shall be deleted.
In Article 77, paragraph 3 shall be deleted;and paragraph 4 and paragraph 5 shall be made respectively paragraph 3 and paragraph 4.
In Article 82 paragraph 1, "Article 51 item (4)" shall be amended as "Article 51 paragraph 1 item (4)" .
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.
In Article 107, "50" shall be amended as "100" .
In Article 110, "and Article 59" shall be added next to "paragraph 2" .
Article 111 paragraph 1 shall be amended as follows:
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.
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.
In Article 115, "officer" shall be amended as "promoter, director" ;and, the following one item shall be added next to item (6):
(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:
(20) In case he has neglected to make report or he has made false report under the provision of Article 105-(3).
Annexed Table shall be deleted.