Article 31. Location and Viewing
of the Articles of Incorporation
(Compare
Articles 263 of the former
Commercial Code)
1. The incorporators (after the kabushiki kaisha has been
incorporated, then the said kabushiki kaisha) must locate the articles of
incorporation at the place decided by the incorporators (at the head office and
branches of the kabushiki kaisha after it has been incorporated).
2. The
incorporators (after incorporation of the kabushiki kaisha, its shareholders
and creditors) at a time decided by the incorporators (after incorporation of
the kabushiki kaisha, during regular business hours) can make any of the demands
listed hereunder. Provided, however, for the demands listed in items 2 and 4,
expenses as set by the incorporators ( by the said kabushiki kaisha after
incorporation) must be paid.
(1) Where the articles of incorporation are prepared in paper format,
then the demand to view the said document.
(2) Demand
for delivery of certified copies or abridgement of the document of the previous item.
(3) When
the articles of incorporation are prepared in an electromagnetic recording, the
demand to peruse that showing the contents of the information recorded in the
said electromagnetic recording based on the method provided for in Ministry of
Justice Ordinance.
(4) The
demand to be provided by that decided by the incorporators (by the kabushiki
kaisha after incorporation) of matters recorded in an electromagnetic medium of
the previous item by electromagnetic methods or the demand to be delivered the
documents in which are recorded such matters.
3. After the incorporation of the kabushiki kaisha, the corporate
members (meaning shareholders or other corporate members of the parent
corporation. Hereinafter the same) of the parent corporation of the said
kabushiki kaisha when necessary to exercise their rights as such, with the
consent of a court, the said parent corporation corporate members can make the
demands listed in the items of the previous paragraph with respect to the
articles of incorporation of the said kabushiki kaisha. Provided, however, for
the demands of items 2 and 4 of the previous paragraph, expenses as determined
by the said kabushiki kaisha must be paid.
4. In
those situations where the articles of incorporation are prepared in an
electromagnetic medium, with respect to the application of the provisions of
paragraph 1 concerning the kabushiki kaisha which take measures as provided for
by Ministry of Justice of ordinance as measures in order to make possible
response to the demands listed in items 3 and 4 of paragraph 2 at a branch, the
“head office and branches” in that paragraph shall be read “head office.”
Disclaimer: This translation is for general reference purposes only and is provided on an “as is” basis with no warranties made whatsoever. Attorney Roderick H. Seeman (licensed in the USA) shall not be responsible for any consequences resulting from the use of this translation. Reliance must be placed on the original Japanese text of the laws. In the text of the translation article headings are added in parenthesis are not in the Japanese language original and are added only for the purposes of enhanced comprehension.
Click here to see a copy of Attorney Seeman’s Japanese stockbroker’s license that he passed on the first attempt in Japanese (becoming the first qualifying Westerner). The exam is now available in English due to claims that it was too difficult in Japanese.
Computerized translations of
financial statements from securities reports on 4000++ Japanese corporations?
www.JapanCompany.info