Article 76. Exercise of Voting Rights by Electromagnetic Methods

(Compare Article 180 of the former Commercial Code)

1. The exercise of voting rights by electromagnetic means, in accord with the provisions of cabinet order, with the consent of incorporators, is accomplished by submitting to the said incorporator by electromagnetic means, the matters to be entered in the voting exercise documents by the time set by Ministry of Justice ordinance.

2. In the situation where the establishment shareholder is a party giving the consent of Article 68, paragraph 3, the incorporators may not, without suitable reason, refuse to give the consent of the previous paragraph.

3. The number of votes exercised by electromagnetic means based on the provisions of paragraph 1, shall be added to the number of votes of establishment shareholders attending.

4. For a period of 3 months from the date of the general meeting of establishment, the incorporators must store the electromagnetic medium in which is recorded the matters submitted based on the provisions of paragraph 1, at a location as determined by the incorporators.

5. Establishment shareholders, at any time during a time period set by the incorporators, can demand to view that indicating, based on methods determined by Ministry of Justice ordinance, matters recorded in the electromagnetic medium of the previous paragraph. or demand copies thereof.

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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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