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商業登記所における法人の実質的支配者 情報の把握促進に関する研究会~有識者 による議論の取りま...

sunao11
August 13, 2020

商業登記所における法人の実質的支配者 情報の把握促進に関する研究会~有識者 による議論の取りまとめ~(試訳)

令和2年7月法務省HP閲覧http://www.moj.go.jp/content/001324022.pdf 商業登記所における法人の実質的支配者情報の 把握促進に関する研究会 ~有識者による議論の取りまとめ~の試訳

sunao11

August 13, 2020
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  1. 20200721 法務省HP閲覧 令和2年7月 商業登記所における法人の実質的支配者情報の把握促進に関する研究会参加有識者 (座長)早 稲 田 大 学 大 学

    院 法 務 研 究 科 教 授 岩 原 紳 作 一 般 社 団 法 人 全 国 銀 行 協 会 コ ン プ ラ イ ア ン ス 部 長 阿 部 耕 一 弁 護 士 ( 第 二 東 京 弁 護 士 会 ) 片 山 達 東 京 大 学 大 学 院 法 学 政 治 学 研 究 科 教 授 加 藤 貴 仁 一 橋 大 学 法 学 研 究 科 教 授 角 田 美 穂子 司 法 書 士 ( 京 都 司 法 書 士 会 ) 内 藤 卓
  2. Information on the effective ruler of a corporation in a

    commercial registry study Group on Grasping Promotion-Summary of discussions by experts-July 2nd Reiwa. Information on the effective ruler of a corporation in a commercial registry Experts participating in study group on grasp promotion(Chair) Professor Waseda University College of Law Legal study Gen HaraProduct General corporate judicial person National Banking Association General Manager of Compliance APart one Attorney (The Second Tokyo metropolitan Attorneys Association)Piece Mountain Reach Professor, Graduate School of Law and Politics, University of Tokyo Addition Takashi FujiJin Hitotsubashi University Faculty of Education Research Course Mihoko Kakuda Judicial scrivener (Kyoto Judicial Scrivener Association)Within Wisteria Table.
  3. 1Domestic and international situation as the first background1 It is

    an international request to know the effective ruler of a corporation, and moneyEfforts are being made in each country from the viewpoint of preventing the financing of tendering/terrorism.ing. In a country where such efforts are not adequately implemented,Finances that companies, especially financial institutions, are counterparties of overseas transactions Institutions may be evaluated as high risk and transaction costs may increase. It, Therefore, the financial institutions of each country are highly interested in the status of their efforts.doing.2 Money laundering/terrorist financing, including the understanding of the effective ruler of the corporation plays a major role in promoting international efforts regarding measures the FATF (Financial Activities Working Group).
  4. The FATF announced in 1989 that the G7 Arsh SaIt

    is an intergovernmental framework that has been agreed to be established after receiving the Mitt Economic Declaration.Establish international standards and make member countries also promotes effective compliance and system construction. The FATF provides a “comprehensive and coherent framework for Member States to observe. The status of compliance by each country is subject to laws, enforcement measures,It will be evaluated from a technical perspective such as the powers and procedures of the competent authorities.
  5. In addition, the FATF is responsible for dealing with money

    laundering/terrorism financing in each country."Direct effect" (Immediate Outcome, IO), which is an index of effectiveness, was also created. Each country is evaluated from this perspective.The main recommendations and direct effects regarding the grasp of the effective ruler of a corporation are: Recommendation 10, Recommendation 24, and Direct Effect 5 are listed, and the contents are as follows.
  6. ① Recommendation 10This Recommendation states that financial institutions may, in

    certain cases, take customer control measures.What is required and what is required of customer management including the following items: Is.“The beneficiary's identity is confirmed and the financial institution determines who the beneficiary is.Rational steps to verify the identity of the beneficiary, so that to take. This includes financial institutions that are legally and legally should also include understanding the ownership and management structure of the. "It should be noted that, according to Recommendation 22, This obligation is subject to designated non-financial conditions under certain conditions.It will also apply to traders and professionals.
  7. ② Recommendation 24This Recommendation contains the following with regard to

    corporate transparency and true beneficiaries: It is a request for measures."Countries prevent abuse of corporations for money laundering or terrorist financing 2 Measures should be taken to Each country has legal authority sufficient, accurate and timely information about the beneficial ownership and control of a person to obtain or access such information should be secured. "The FATF also evaluates not only from the technical point of view but also from the perspective of effectiveness. 4 The following indicators are set in relation to the grasp of the effective ruler.
  8. ③ Direct effect 5 (IO5) Direct effect 5 is defined

    as follows."Abuse of legal entities and legal arrangements for money laundering and terrorist financing information on the substantive ruler that is being prevented is also available to competent authorities. It is available without any problems. 3 The FATF is committed to promoting efforts by countries to comply with Recommendation 24 in 2019.In October 2010, “Introduction of recommended measures, etc. Best Practices on Beneficial Ownership for legal Persons)" (hereinafter referred to as "FATF Best Practices")It was the FATF best practices include multiple sources (registrative Method (the Registry Approach), a method using the company as the information source (the Company Approach), a method of utilizing existing information sources (the Existing Information Approach)) can be used by a corporation for criminal purposes. Measures to prevent and ensure sufficient transparency regarding the substantive control of corporations recommended as effective for implementation.
  9. The Registry Approach is a method of registering a corporation.

    Acquire and maintain the latest information regarding the effective ruler of the corporation at the recording agency is something. The Company Approach is a method of making a company a shareholder. Or by maintaining and updating the list of members, It seeks to obtain and maintain up-to-date information about distributors. With the method of utilizing existing information sources (the Existing Information Approach)In relation to the substantive control of a corporation in order to identify the substantive ruler of the corporation.
  10. It utilizes the existing information collected.4 In Japan, in order

    to know the actual ruler of a corporation, a notary public with a substantial ruler of a stock company, etc. established for a trustee when the articles of incorporation are certified effort are being made to request the declarations of those who should be, and this is the FATF best plan. Has received international acclaim, including being taken up by Curtis. Also crime Act on Prevention of Revenue Transfer by Law (Law No. 22 of 2007.3Profit Transfer Prevention Law". ), a specific business operator such as a financial institution (criminal Refers to a specified business operator stipulated in Article 2, Paragraph 2 of the Act on Prevention of Transfer of Profit of Offense. same as below. )Is working to identify the actual ruler of the customer.
  11. In addition, regarding the continuous grasp of the effective ruler

    after the establishment of the corporation, And the competent authorities have been updated in this regard. Providing access to information about the effective substance of a corporation is an international requirement. (See Recommendation 24), and the General Bankers Association of Japan in the questionnaire conducted by the grasping, adding substantial ruler information to the entry, registered by a financial institution take action to realize direct access to the information on the actual ruler there were many opinions that asked for things.5.
  12. Looking at international trends regarding the grasp of the effective

    ruler of a corporation, In accordance with the EU Directive (2015/849) of 2015, member countries are accurate, up-to-date, and sufficient information about the effective ruler of the corporation to obtain and retain information on the effective rulers of these legal entities is collected to facilitate the process. It is required to establish a unified registration agency. In addition, according to the 2018 EU Directive (2018/843), Member States expand the number of people who have access to information, and if you find any discrepancies between your information and your registration information, you will be required to report to the registration agency.
  13. Is required. In the EU (when the EU joined), Germany,

    France, etc. Is being implemented in line with the EU Directive of the UK has received the inspection results (December 2018), and is recommended by Recommendation 24 and IO5. It is highly evaluated. The United Kingdom is in the third round of mutual examination in 2007 in this case, the PC is evaluated for Recommendation 33 at that time, which is equivalent to Recommendation 24 at present. I had received it (there was no IO indicator at that time), but at the 4th mutual examination in 2018 Evaluates LC for Recommendation 24 and Substantial for direct effect 5. Has been evaluated (*). In addition, Japan was therefore, NC is evaluated for Recommendation 33 at that time.*The recommendations are evaluated from the top, C (Compliant), LC (Largely Compliant), PC (Partially Compliant), NC (Non-Compliant) 4 stages.
  14. With regard to Recommendation 24, no country has received a

    C rating yet among the evaluations, LC has the highest evaluation. The evaluation of the direct effect is from the top, High, Substantial, Moderate, and Low. On the other hand, in the United States, it is practical at both the federal and state levels. further seems to be no registration system for ruler information. The outline of the system in each European country and the United States is as follows. *"BO" is an abbreviation for the actual ruler. “R24” is an abbreviation for Recommendation 24.
  15. “IO5” is an abbreviation for direct effect 5.6 In light

    of the above situation, regarding the continuous grasp of the effective ruler of the corporation after its establishment order to make efforts to improve since it was considered to be beneficial to consider his study group was launched by the chairman and was also observed by the Ministry of Finance and the Financial Services Agency.A meeting was held with participation. Assumption and subject of discussion assumptions of 1 discussion(1) Framework of the Act on Prevention of Transfer of Criminal Proceeds for Confirmation of Substantial Ruler of Customer when a specified business operator conduct specified transactions with a customer, etc.
  16. Is a corporation (excluding countries, local governments, listed companies, etc.)Substantially

    managing the business by the method of receiving a report from a representative such as a customer what is specified by an ordinance of the competent ministry as having a relationship that allows control(Hereinafter referred to as "substantial ruler.") Personal identification items (name, residence and year of birth)It is said that it is necessary to confirm the date and time (prevention of transfer of criminal proceeds).To prevent the transfer of profits by crime, Article 4, Paragraph 1, Item 1, Item 1, Item 4, Item 5 Law Enforcement Regulations (2008 Cabinet Office, Ministry of Internal Affairs, Ministry of Justice, Ministry of Finance, Welfare)Ministry of Labor, Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and Industry, Ministry of Land, Infrastructure, and Transport Ordinance No. 1. Below "criminal proceeds Five Transfer Prevention Law Enforcement Rules". ) Article 11, paragraph 1).
  17. Then, the transaction concerned may be a transaction suspected of

    impersonation or a transaction suspected of being false. By trade, transactions with residents of specific countries (Iran, North Korea), important foreign public and it is a high-risk transaction such as a transaction with a person with a position (PEPs), The Specified Business Operator shall use the shareholder list, It is supposed to be confirmed by documents such as securities reports(Article 4 Paragraph 2 of the Act on Prevention of Transfer of Criminal Proceeds, Regulation No. 14 of the Enforcement Act on Prevention of Transfer of Criminal Profit)Article 3). The significance of the effective ruler is as follows (prevention of transfer of criminal proceeds)Law Enforcement Regulations Article 11). In addition, the country, local public bodies, listed companies, etc. and their child associations company is considered to be a natural person in the determination of whether it is a substantial ruler (Article Item 4).
  18. A. If the customer is a corporation, etc.In the case

    of a majority voting corporation (hereinafter referred to as a "majority voting corporation")Combined any one of the following ① to ④ becomes the effective ruler. ① Direct or interim voting rights exceeding one-half of the total voting rights of the corporation.If there is a natural person who is recognized as having the contact person, Below, it is called "substantial ruler type ①". ) (2) If there is no person (1), a quarter of the total voting rights of the corporation natural person who is recognized as having one or more voting rights directly or indirectly there is, the natural person concerned (hereinafter referred to as “substantial ruler type ②”)
  19. ③ If there is no person of ① and ②,

    investment, loan, transaction, and others recognized as having a dominant influence on the business activities of the corporation.If there is a natural person who is assigned (hereinafter, “substantial ruler type ③”)Say. ) ④ If there is no person from ① to ③, represent the relevant corporation and Natural person who executes duties (hereinafter referred to as “substantial ruler type ④”)When the customer is a corporation other than the majority voting corporation the following (1) or (2) will be the effective ruler. ① The following (A) or (B) will be the effective ruler(A) The person in (a) or (b) becomes the effective ruler.
  20. (a) Revenue from the business of the corporation or total

    amount of property related to the business the right to receive a dividend of more than one half of theIf there is a natural person that is recognized as having the natural person, (b) Revenue from the business of the corporation in the absence of person (a)6Or, the dividend of profit exceeding one-quarter of the total amount of property related to the business or a natural person who is recognized as having the right to receive the distribution of property there is, the natural person(B) Support the business activities of the corporation through investment, financing, transactions, and other relationships.
  21. If there is a natural person recognized as having a

    co-ordinated influence, Natural person② If there is no person of ①, execute the business on behalf of the corporation.The natural person(2) Financial Services Agency Maneron Guideline Framework“Money laundering and terrorism,” created by the Financial Services Agency in April 2019.Guidelines for financing measures” (hereinafter referred to as “Financial Services Agency Manneron Guideline". ), substantive control over customer management by financial institutions. Regarding the confirmation of the person concerned, "a book that includes matters that identify the customer and his/her substantial ruler when investigating matters such as person confirmation items and transaction purposes, seek a reliable trail.
  22. To do this."And what is the method of confirming and

    confirming this "trustworthy trail"?As for whether to take this into consideration, apply the lowest standard uniformly to all customers. Instead, go deeper when the risk is high and ask for a trail is thought that measures such as taking measures should be taken according to the risks (financial as a result of public comment on Agency Manerolon Guidelines, FSA's approach to the outline and comments of the statement” on page 15 (*).* Https://www.fsa.go.jp/news/30/20180206/gaiyou.pdf
  23. (3) Practice of confirmation of the actual control of the

    customer by the bank confirmation of the effective ruler of the customer by the bank is as follows.It is carried out according to the legal framework.In the case of high-risk transactions under Article 4, Paragraph 2 of the Act on Prevention of Transfer of Criminal Profit for each high-risk transaction based on the declaration, regarding the relationship between the effective ruler and the customer, Confirmed by legally required documents such as books and securities reports there is.In the case of normal specific transactions to identify the substance of the substance and the relationship between the substance and the customer this has been confirmed based on the customer's declaration.In addition, even in the case of ordinary specific transactions, each bank at the beginning of transactions and in continuous customer management, the relationship between the actual ruler and the customer and the actual reliable evidence of the qualitative rulers identity, depending on the risk 7 May check the material that becomes.
  24. (4) Declaration of a person who should be a substantial

    ruler in the certification of articles of incorporation by a notary public when establishing a corporation such as a stock company, The contractor (subcontractor) becomes a substantial ruler of the stock company, etc. with respect to the notary public.It is supposed to declare the appropriateness of the person to be a person who should be a person and the person who acts like a gangster.(Notarization Law Enforcement Regulations (Law Office Ordinance No. 9 of 1948) Article 13 Paragraph 4). The notary shall based on the Articles of Incorporation and other materials, report the declared effective ruler.
  25. And determine the appropriateness of the actual ruler, Confirm whether

    you are not a gangster, etc., and also report the actual ruler identity of the person is confirmed by a document confirming the identity. In addition, the notary public shall, after certification of the articles of incorporation, accept the request from the contractor at the request of the contractor. As a result of examining the contents of the filing declaration and its contents, the reason for refusal of the contract is not recognized."Declaration acceptance and certification certificate" certifying that the articles of incorporation have been certified Issuing.
  26. (5) Commercial registry office regarding the business of commercial registration,

    the location of the business office of the party is under the jurisdiction (registration Including cases in which administrative work is delegated. ) Legal Affairs Bureau or District Legal Affairs Bureau or this these branch offices or their branch offices are in charge of registration (commercial registration Law (Law No. 125 of 1958), Article 1-3), this registration office is a business registry office. As of June 1, 2012, there are 84 commercial registration offices nationwide. Exists here. The basic information of the corporation after establishment is registered in the commercial registry office, The Registrar in charge has a high level of expertise in the field of commercial/corporate registration.
  27. There is.2 Examination subject task of this study group is

    to collect information on the effective ruler of a corporation in a commercial registry. As a grip promotion measure, the commercial registration office created it by the request of the corporation. Substantial Ruler List (Regarding the substantive ruler, refers to a document containing information regarding availability. ) According to the prescribed attachment system that confirms the contents, creates a copy, and certifies that it is a copy (below is called "this system" below. ) Of the need and system , the contents will be examined.The issues on the issues to be examined are as follows.
  28. (1) The necessity of establishing this system. Internationally, like the

    systems of EU member states, corporations, substantive rulers, We impose certain obligations on those who are required to confirm qualitative ruler information, and8In in some cases, the information is collected by the registration agency and the accuracy is ensured. Is it possible to anticipate the use of this system on the premise of intentional use?In what situations is this system expected to be used? (2) The target of this system oh, about corporations that can use this system, we are capital majority corporation how to target only limited stock companies and special limited liability companies?
  29. Do you think(A) Regarding the types of substantive rulers covered

    by this system, the business of the commercial registry office Substantial ruler type that allows for a written examination that is familiar to the business and substantive ruler type ② only, and the shareholders are foreign companies what do you think about the case not being subject to the system? (3) Workflow for issuing a copy of the Substantive Ruler List how do you think about this system as the next work?, Ruka? (1) The entity that intends to use this system (hereinafter referred to as the “application entity”) is actually an official ruler list and register it at the commercial registry with the attached documents. Submit to the public office to request the storage and copy of the Substantive Ruler List.
  30. (2) The Registrar who received the request is the attached

    document and information held by the Commercial Registry Office, etc. The contents of the Substantive Ruler List based on If it is confirmed that the In addition to control lingIs added to the register, and on that basis, a substantial ruler is given to the corporation. Deliver a copy of the list with a certificate of registration by the registrar It (4) Method of confirming the accuracy of the requested Substantive Ruler Information A. Confirming the applicability of a substantial controller regarding the proposed substantial controller What kind of attachment should be requested in order to do so?-Refer to the current practice of confirming the effective control of the bank's customers, and register the shareholder list.
  31. A copy of the statement of final tax return (corporate

    tax) Appendix 2 approach (plan 1) for requesting acceptance of declaration and submission of certification certificate, It is assumed that the confirmation method is different from the conventional bank practice, and the third party there is a way of thinking (draft ②) of requesting the submission of a copy of a certified shareholder register. Which idea should be used?– In cases where the effective ruler indirectly holds the voting rights of the corporation, What should be done when the cooperation of the subsidiary company and the actual ruler cannot be obtained? Should it be? 9-Should we ask for a written confirmation of the identity of the claimed Substantive Ruler?(A) What are the possible sanctions for making false statements?Is it done?
  32. (5) Items to be included in the Substantive Ruler List

    What should be included in the substance list? (6) How to promote understanding of corporations using this system This system functions as an effective system for grasping the effective ruler of a corporation.To do this, understanding about this system will spread among corporations that use this system, Promote such understanding where it needs to be fully utilized what kind of method can be considered? (7) The expected size of demand for a copy of the expected list of effective rulership corporation can be used by any corporation in any occasion and at any frequency.Is it supposed? (8) Access to information on effective rulers managed by the commercial registry office The effective ruler list contains personal information and is only exchanged by the requesting corporation.How about having a system that allows you to request an attachment? (9) Ground law Regarding this system, how about making provisions in the Ordinance of the Ministry of Justice?
  33. (10) Other future issues This system will first focus on

    the items that can be implemented by the end of next year.Therefore, it is possible to introduce it quickly, but as a future issue after that, it will be further What can you think of? Summary of the third discussion 1 Ideal way of this system at the start of this system(1) Necessity of establishing this system The need to develop a method that uses the registration agency like the information sources mentioned above, it is necessary to know the effective ruler of a corporation from Japan and overseas. Being contracted. In Japan, a specific business operator Checking the ruler. In addition, when the notary public certifies the articles of incorporation, To a person who should become a substantial ruler of a stock company and its gang members the FATF Ves.
  34. It has been internationally acclaimed, such as being featured in

    industry practices. On the other hand, in the case of other advanced compared with the efforts, It seems that grasping is left as an issue,Ten The banking industry is also demanding that these measures be taken. This system deals with the above issues by the commercial registry office. Among the three methods described in the first 3 above, the method of using the registration agency as the information source. Corresponding to the law (the Registry Approach)As an approach to improve the accuracy and precision of gripping, other methods in Japan in combination with the efforts by Is possible.
  35. his system can be used by corporations to prove their

    effective control.In addition, the bank can assist in identifying the customer's effective control.If necessary, as a material for confirming the accuracy of the customer's declaration content, It can also be used in the form of requiring submission. Therefore, The banking industry is also using “a credible testimony” when identifying the actual ruler of a customer.So that a copy of the Substantive Ruler List can be used as a "trace" Is expected to increase the reliability of confirmation of the actual ruler. Has been. The necessity of using the commercial registry as a registration agencyA commercial registry office is a business that registers basic information about a corporation (commercial/corporate registration)The Registrar who is responsible for since it has a high degree of specialization, the commercial registry office is a corporation after its establishment.
  36. Considered to be suitable as an institution that continuously grasps

    information on the actual rule ravailable. When the Registrar of Commercial Registries issues a copy of the Substantive Ruler List, Regarding the attached document to be approved, the substantive support that each bank is currently carrying out. Refer to the document that each customer is required to submit when confirming the distributor Even if it is decided to stipulate Become a hub to confirm the information of the effective ruler with a uniform attachment By making a judgment, each financial institution confirms at the counter each time. Compared to the current situation, operational uniformity and a certain level of judgment are guaranteed.
  37. Will improve reliability and reduce the burden on financial institutions

    and customers.Reduce the cost of society as a whole, and the transactions can be carried out more quickly.The expected effect is expected.C Summary This system is based on the premise that corporations can use it voluntarily. It does not impose obligations on related parties like the system of allies, but will be described later. As shown in the figure, it is appropriate in the overall system for grasping the actual ruler in Japan. By placing it in the 11It is expected that the introduction of this system will be of great significance. It(2) Target of this systemA. Types of legal entities subject to the system and types of effective rulership system is a new initiative by the commercial registry office, the registry office may conduct a written examination of a type that is familiar to its work.
  38. In light of what has been considered to be the

    institution responsible for the work that can be done, first of all, Of the stock companies and special limited companies that are majority voting companies, Consider that the ruler is a substantive ruler type ① and a substantive ruler type ②. Like an elephant, and also when the shareholders are foreign companies process of starting is considered appropriate. On the other hand, corporations other than capital majority corporations such as joint-venture companies, corporations and special cases Substantial ruler of the limited company is a substantive ruler type ③ or substantive ruler Substantial ruler for type ④ and foreign share holders It is also the case that the centralized and continuous grasp of the issue is an issue.
  39. Therefore, regarding the types of corporations and substantive rulers who

    are not covered by this system, However, as a future issue, considering the operational status after the introduction of this system,It is considerable to examine the way of life. At that time, the work of the registry office is generally a type of book familiar to the work.Since it is supposed to be carried out by face-to-face examination, For confirmation of the effective ruler of the outside corporation, see the balance sheet or income statement. It is necessary to check the materials that clarify the status of dividend distribution and property distribution.
  40. Necessary, and in the first stage of the examination, investment,

    financing, transactions and other relationshipsWhether there is a natural person who has a dominant influence on the business activities of the corporation throughTherefore, a more substantive examination is required. However, in consideration of the fact that a written examination is possible, Whether it is suitable for work, and if it is not, what kind of organizationIt is necessary to consider including whether it should be carried.B. Types of transactions covered by this system this system are for high-risk transactions under Article 4, Paragraph 2 of the Act on Prevention of Transfer of Criminal Proceeds, usually can be used for any type of specific transaction ofIt(3) Business flow for issuing a copy of the effective ruler list regarding the business flow for issuing a copy of the Substantive Ruler List, see 2(2)(2)As described above, the registrar must correct the accuracy of the document prepared by the applicant corporation.
  41. 12-It is also consistent with.In addition, the registrar scans and

    saves the list of effective rulers requested As for what to do, information on the effective ruler is stored at the commercial registry office.And effective measures from the perspective of continuously grasping the actual ruler.It is believed that there is. In addition, the registrar shall maintain a list of effective rulers for the proposed corporation.Regarding the fact that the information is added to the register, as described below, It is thought to have the effect of promoting use. (4) Method of confirming the accuracy of the requested Substantive Ruler Information The accuracy of the actual list of rulers submitted by the requesting corporation at the time of application is registered.For information on how the clerk can confirm, see Determining Substantive Control of Current Bank Customers.
  42. Copy of shareholder register, statement of final tax return (corporate

    tax), Schedule 2A copy of the document, acceptance of the declaration issued by the notary, and submission of a certification certificate method (plan 1) should be adopted. In addition, if the effective ruler indirectly holds the voting rights of the corporation, The relationship between the effective ruler and the corporation, Regarding the way of confirmation, we will continue to check it in light of practical needs. The debate should be done. If the applying corporation makes an application using false materials, etc.
  43. Depending on the case, sanctions may be imposed in accordance

    with relevant laws and regulations. For example, the requesting corporation Is false in the shareholder registry, the Companies Act (Law No. 86 of 2005)According to the provisions of Article 976 No.7, fines of 1 million yen or less will be imposed. It(5) Items to be included in the Substantive Ruler List The list of effective rulers is a financial institution under the framework of the Act on Prevention of Transfer of Criminal Proceeds. As a confirmation record, the specific business operator, etc., confirms the actual control of the customer. It is necessary to cover the items that must be stored for a certain period of time.
  44. It is appropriate to describe the matters (see the attached

    sample of substantial rulerSee).-Trade name of the requesting corporation, head office location, corporate corporation number, etc.-At the time of confirming the effective ruler information- Author-The reason for the effective ruler-Name (and furigana), residence, etc.Nationality, date of birth, gender-Proportion of voting rights of the proposed corporation owned by the effective ruler and whether or not there is indirect holding 13-If the effective ruler indirectly holds the voting rights of the proposed corporation, engagement-Types of attached documents regarding eligibility as a substantial ruler-Type of the ment confirming the identity of the substantive ruler(6) How to promote understanding of corporations using this system this system is used by corporations to prove their own effective control.
  45. In addition to the ability of the bank to identify

    the effective control of the customer, As a material for confirming the accuracy of the declaration content of the is expected to be used in the form of requesting a copy of the list. However, in order to carry out such operations, the customer of the bank must manage the system.It is important to deepen the solution. Regarding this point, first of all, as described in the above 3(1)Regarding the corporations used, it is registered that the list of effective rulers is stored. It is added to the book, and it is assumed that it will be stated in the entry certificate.Therefore, the applying corporation, when conducting transactions with parties other than financial institutions, By hand, a copy of the Substantive Ruler List will be submitted if requested.
  46. Recognized as a highly transparent company. Therefore, its reliability is

    improved The corporation can enjoy the de facto advantage of doing so. By doing so, it is believed that understanding of the significance of this system will be spread to some extent. Furthermore, in order to promote the understanding of bank customers, this system will be adopted in Japan. Be properly positioned within the overall system for grasping the actual ruler information. And are important. Therefore, in the future, including the FSA Mannion Guidelines, In order for this system to be properly positioned in the overall national structure, It is necessary to further study in cooperation with the Financial Services Agency.
  47. Also, in order to spread the understanding of the significance

    of this system, related organizations will work together. It is considered necessary to publicize the information. To inform, public institutions It is said that fake emails posing as users will cause damage to users. Care should also be taken to prevent the occurrence of a situation. (7) When it is assumed that a copy of the effective ruler list will be used As of the end of December 2019, the number of joint-stock companies and special limited companies was approximately 3,455,000. As a company, this system is mainly based on the fact that these corporations deal with specified businesses. It is expected to be used when doing. When is it required to provide a copy of the Substantive Rule List?
  48. Depending on the operation of the specific business, the transaction

    with the customer begins At times, and during ongoing customer management, objective and unified judgments by public institutions are made.It is considered that it will be required in cases such as where disconnection is required. 14(8) Access to information on effective rulers managed by the commercial registry office Substantial ruler information is information with high privacy including personal information. Therefore, when introducing this system, only the requesting corporation requests the grant.It is conceivable to have a system that allowsI n addition, in the future, it will be necessary to access information on the actual ruler controlled by the commercial registry office.
  49. With regard to the expansion of access rights, further system

    reforms will be carried out while checking the operation status of this system.It is considered to conduct a study, including to perform positively. (9) Basis law and enforcement time regarding this system, first of all, by the Ordinance of the Ministry of Justice, aiming for the middle of the third year of Reiwa,It is reasonable to introduce the system promptly. On top of that, in the future, while seeing the operational status after the start of this system,It is also appropriate to consider whether or not it is necessary to revise the system. 2 Issues after introducing this system based on the operational status after the introduction of this system, the following items will be further examined. It is considerable.
  50. ・How to grasp the actual ruler regarding corporations other than

    capital majority corporations・Substantial ruler type ③ and practical ruler types of stock companies and special limited liability companies to grasp the actual ruler of type ④・How to grasp the actual ruler when the shareholders are foreign corporations・In the case where the effective ruler has the voting right of the corporation indirectly information on the actual ruler is sent from the higher-ranking company in the How to be able to receive the provision-Scope of persons who have access to the information on the actual rulers managed by the commercial registry・How to store the list of effective rulers stored in the commercial registry・How to grasp the change of the effective ruler in a timely manner・Online procedures for storing and issuing a copy of the Substantive Ruler ListImplementation・IT technology, such as the introduction of AI, in the confirmation of the accuracy of the contents of the requesting corporation.
  51. Use of surgery Fourth conclusion It is an international requirement

    to know the substantive ruler of a corporation, and each country has to limit its wisdom. Risk assessment, business efficiency, privacy requirements, etc.To achieve a more effective system that is suitable for different situations.Are working together. In addition, it is imperative for financial institutions to make such efforts in Japan.It contributes to the improvement of the environment for smooth overseas transactions, and15It also contributes to the development of institutional infrastructure that supports interdisciplinary economic activities. This system is one of the multiple methods for grasping the effective ruler of a corporation in Japan.A method that uses a registration agency as an information source, which has not been fully utilized until now (theRegistry Approach) to continuously grasp the actual ruler of the corporation after establishment The remaining issues will be addressed and their significance will be great.
  52. n the future, first of all, it is important to

    introduce this system smoothly and promptly. Then, while looking at the operating status of this system and international trends, we will study for further efforts.Expected to continue.