Article 71. Reference Documents and Vote Exercise Documents

(Compare Article 180 of the former Commercial Code)

1. When the matters listed in Article 67. (Decisions on Calling the General Meeting of Establishment), Paragraph 1, item 4, are decided, in accord with the provisions of Ministry of Justice ordinance, at the time of the notice of Article 68. (Notice of Calling of General Meeting of Establishment), paragraph 1, the incorporators must deliver to the establishment shareholders the general meeting of establishment reference documents.

2. When the incorporator has sent notice by electromagnetic means to the establishment shareholders who gave the consent of Article 68. (Notice of Calling of General Meeting of Establishment), Paragraph 3, in substitution for the delivery of the general meeting of establishment reference documents based on the provisions of the previous paragraph they can supply the matters which should be noted in the general meeting of establishment reference documents by electromagnetic means. Provided, however, when the establishment shareholder so requests, the said general meeting of establishment reference documents must be supplied to the establishment shareholder.

3. In the situation of Paragraph 1, at the time of the notice to establishment shareholders who have given the consent of Article 68. (Notice of Calling of General Meeting of Establishment), paragraph 3, based on the electromagnetic means of the same paragraph, in accord with the provisions of Ministry of Justice ordinance, the incorporators must supply the information to be supplied in the vote exercise document via the said electromagnetic means.

4. In the situation of paragraph 1, when the incorporators have received a demand from an establishment shareholder who has not given the consent of Article 68. (Notice of Calling of General Meeting of Establishment), Paragraph 1, one week prior to the date of the general meeting of establishment, to receive the matters entered in the votes exercise document via electromagnetic means, they must immediately, in accord with the provisions of Ministry of Justice ordinance, supply the said matters via electromagnetic means.

__________________________________________________________________________________________________

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?