OFFICIAL GAZETTE GOVERNMENTPRINTINGAGENCY LgjVgfjgg-b^^^J H1IH-*M-HE±B^E EXTRA No. 69 TUESDAY, JUNE 27, 1950 (4) Where an exchange non-resident desires to MINISTERI AL become a party to transfer of foreign securi- ties located or registered in Japan to an ex- Ministry of Finance Ordinance No. 70 change resident. , , / June 27, 1950 2 Any person shall be authorized to be a party In accordance with and to enforce the provision to transfer of securities in the following cases, of Articles 31 to 34 inclusive, 36 and 37 of the without obtaining license of the Minister of Foreign Exchange and Foreign Trade Control Finance, despite the provisions of the preceding Law, the Ministerial Ordinance concerning paragraph : Control of Foreign Securities, Immovables Abroad, (1) Where securities are to be transfered etc. shall be established as follows: pursuant to the approval or report under the Minister of Finance provisions of the Law prescribed in the pro- IKEDA Hayato viso of the preceding paragraph; Ministerial Ordinance concerning Control (2) Where a person desires to transfer securi- of Foreign Securities, Immovables ties after obtaining validation by a foreign abroad etc. exchange bank, in order to receive interest (Transfer of Securities) payment or have redemption effected in regard Article 1. Any person who has obtained license to such securities. of the Minister of Finance in respect to cases 3 Any person who desires to obtain license of the enumerated hereunder shall be authorized to Minister of Finance prescribed under paragraph sell, donate, exchange, lend, borrow, deposit, 1 above shall apply therefor by submitting in pledge or transfer in any way securities or to triplicate Form F 3260 through a foreign ex- transfer rights thereto (hereinafter referred to change bank. as "to be a party to transfer of securities")? 4 Foreign exchange banks shall issue validation which is subject to restrictions or prohibitions provided for under paragraph 2, item (2) upon under the provisions of Articles 31 and 32 of confirming that the transfer applied for com- the Foreign Exchange and Foreign Trade plies with the following conditions : Control Law (Law No. 228 of 1950, hereinafter (1) That the purpose of the transfer is to referred to as "the Law"). Provided that the receive interest payment or to have redemp- license shall not be issued in case where it tion effected ; comes under the provisions of Article ll of the (2) * That interest payment or redemption is to Law concerning Foreign Investment (Law No. be received or to be effected by "means of 163 of 1950): standard method of payment; (1) Where an exchange non-resident (including (3) That interest payment or redemption is to a nominee of an exchange non-resident or an be received or to be effected within one (1) exchange resident acting on behalf of an month from the date of such validation. exchange non-resident, hereinafter the same (Safekeeping of securities) in this Article) desires to become a party of Article 2. Any person who has obtained license transfer of domestic securities located or of the Minister of Finance shall be authorized registered in Japan ; to be a party to an arrangement of safekeeping (2) Where an exchange 'resident (including a of securities, which is subject to restrictions or nominee of an exchange resident or an ex- prohibitions under the provisions of Article 33 change non-resident acting on^behalf of an of the Law. ' exchange resident, hereinafter the same in 2 Foreign exchange bank may be given blanket this Article) desires to become a party to license under the preceding paragraph. transfer of domestic securities to an exchange 3 Any person who desires to obtain license of non-resident ; the Minister of Finance prescribed under para- (3) Where an exchange resident desires to graph 1 above shall apply therefore by submitt-' become a party to transfer of foreign securities; ing in triplicate Form F 3270 through the near- est office of the^J3ank of Japan. of such immovables if it complies with the (Issuance or Floatation of Securities) following conditions : Article 3, Any person who has obtained license (1) That the payment accompanies with the of the Minister of Finance shall be authorized disposition is made by the standard method to issue or make floatation (whole or part of of payment; and acceptance of offer, receipt of instalment or (2) That the disposition price is adequate. registration to the registry office concerning (Standard for License) floatation, hereinafter the same) of securities, Article 5. In addition to the case as prescribed which.is subject to restrictions or prohibitions in the preceding Article, paragraph 3, no per- under the*provisions of Aiticle 34 of the Law. son shall apply for license in this Ordinance if 2 Any person who desires to obtain license pre- the actions or transactions to be licensed come scribed under -the preceding paragraph shall under either of the following items: apply therefore by submitting in triplicate Form F 3280 to the Minister of Finance through the (1) Where deemed to have an advers eifect on nearest office of the Bank of Japan. the rehabilitation of national economy ; (Immovables located abroad) '(2) Where deemed to have the purpose of Article 4. Any person who has obtained license capital flight or otherwise evading the pro- of the Minister of- Finance shall be authorized to visions of laws or orders. acquire or dispose of immovables located abroad (Terms and Conditions for License) or to acquire, give up or surrender any part of Article 6. The Minister of Finance may impose right to such immovables (hereinafter referred conditions in issuing license in accordance with to as "to acquire or dispose of immovables")? the provisions of this Ministerial Ordinance. which is subject to restrictions or prohibitions 2 Any person who obtained license with con- of Articles 36 and 37 of the Law. ditions attached thereto shall comply with such 2 Any person who desires to obtain license conditions. prescribed under paragraph 1 shall apply there- (Cases where license is not required) fore by submitting in triplicate Form F 3290 Article 7. The Minister of Finance may desig- to the Minister of Finance through the nearest nate actions or transactions which are insigni- office of the Bank of Japan. ficant with respect to international balance of 3 No person shall apply for license prescribed payments or without any danger of capital in paragraph 1, unless such acquisition comes flight, and actions or transactions so designated under either of the following items: may be performed without obtaining the license. (1) Where it is made on the basis of inherit- 2 In case bothp arty to actions or transactions ance or grant; is required to obtain license or approval under (2) Where it is necessary and inevitable for the provisions of this Ordinance, application business ^activities. for license or approval by one of the party may 4 In addition to such as prescribed by the pro- cover the application of the other. visions of paragraph 1, any person who has acquired immovables pursuant to the provisions Supplementary Provision : of paragraph 1 shall, upon validation by a This Ministerial Ordinance shall come into foreign exchange bank, be authorized to dispose force as from June 30, 1950.. F 3260 APPLICATION FOR TRANSFER OF SECURITIES ' Application Date No. (Foreign Exchange Bank)_ Applicant : Name or Trade Name Nationality 1 Residential Status Occupation Address Tel. No. To: Minister of Finance '-< Application is hereby made on the captioned subject of which particular are described hereunder: -2- 1. Description of Securities (a) Type i \ (b) Face Value (c) Quantity ^__ (d) Actual Value (c) Present Location 2. Other Parties of Transfer (a) Name or Trade Name. (b) Address :. (c) Residential Status 3. Where transfer is made an behalf of other person, indicate the following regarding such perso (a) Name or Trade Name : a(b) Address , , '... : (c) Residential Status ___ ; : j (d) Relationship with Applicant : : 4. Anticipated Date of Transfer. _ 5. When Export or Import of Securities is involved (a) Anticipated Date of Export or Import (b) Method of Forwarding : (c) Name or Trade Name and Address of Consignee or Shipper 6. Method of Payment (or Receipt of Payment) of Value for Transfer. 7. Purpose of Transfer 8. Other Remarks. Applicant certifies that the information contained in this application is true and correct. Signature of Applicant Remarks: 1. This application will be filed with the Minister of Finance through a foreign exchange bank 2. This form is applied mutatis mutandis to an application for authorization of foreign exchang bank which will be filed with foreign exchange bank. 3. In the column of payment (or receipt of payment), enter in accordance with the following items : ' -3- , I (1) Payment (or receipt of payment) through foreign*exchange bank. (a) Kind and amount of foreign means of payment. (b) Name of negotiating office of foreign exchange bank. (c) Anticipated date of purchase (or sale) of foreign means of payment. (2) Payment (or receipt of payment) by means other than foreign exchange bank, excepting paragraph (3) below. (a) Name or trade name, address and residential status of other party of payment (or s receipt of payment). (b) Method of payment (or receipt of payment). (c) Amount of payment (or receipt of payment). (d) Anticipated date of payment (or receipt of payment). (3) Payment (or receipt of payment) by means of credit entry or debit entry. (a) Name or trade name, address and residential status of accounts holder. (b) Amount to be credited (or debited). (c) Anticipated date of credit entry (or debit entry). 3270 APPLICATION FOR LICENSE ON ARRANGEMENT OF SAFEKEEPING OF SECURITIES Application Date No.