Article 94. Special Case of Establishment Directors Being Incorporators

(Compare Article 184 of the former Commercial Code)

1. In the situation where all or part of the establishment directors (where the kabushiki kaisha to be established is a corporation with statutory auditors, then the establishment directors and establishment statutory auditors) are incorporators, based on a resolution at the general meeting of establishment, a party who makes the inspections of each of the items of the previous Article, Paragraph 1, can be appointed.

2. The party appointed based on the provisions of the previous paragraph, must carry out the necessary inspections and give reports on the results thereof to the general meeting of establishment.

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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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