Article 70. Delivery of the General Meeting of Establishment Reference Documents and Vote Exercise Documents

(Compare Article 180 of the former Commercial Code)

1. In the situation where the matters listed in Article 67. (Decisions on Calling the General Meeting of Establishment), Paragraph 1, Item 3 have been determined, the incorporators must, at the time of the notice of Article 68. (Notice of Calling of General Meeting of Establishment), Paragraph 1, in accord with the provisions of Ministry of Justice Ordinance, deliver to the establishment shareholders, documents in which are entered matters to serve as reference concerning the exercise of the vote (hereinafter in this sub-section called “general meeting of establishment reference documents”) and the documents for the establishment shareholders to exercise their voting rights (hereinafter in this sub-section called “vote exercise documents.”)

2. The incorporators may, when they send notice to establishment shareholders who have given the consent of Article 68. (Notice of Calling of General Meeting of Establishment), Paragraph 3 via electromagnetic means, in substitution for the delivery of the general meeting of establishment reference documents and the vote exercise documents, provide the information entered in these documents via electromagnetic means. Provided, however, when establishment shareholders so request, the documents must be delivered to the said establishment shareholders.

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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.

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