Home | Databases | WorldLII | Search | Feedback Laws of Japan

Electronic Public Notice Rules - Ordinance of the Ministry of Justice No. 5 of 2009

Electronic Public Notice Rules

(Ordinance of the Ministry of Justice No. 14 of February 7, 2006) Based on the provisions of the Companies Act (Act No. 86 of 2005) and related
provisions, the Electronic Public Notice Rules are established as follows.
(Purpose)
Article 1 The purpose of this Ministerial Ordinance is, in relation to electronic public notice investigations (meaning Electronic Public Notice Investigations
prescribed in the Companies Act (Act No. 86 of 2005; hereinafter referred to as the "Act") Article 942, paragraph (1); the same shall apply hereinafter) to
provide for necessary matters with respect to matters based on mandates
pursuant to the provisions of the Act (including cases where applied mutatis mutandis pursuant to the Provisions on Electronic Public Notice (as provided in Article 943, item (i) of the Act; the same shall apply hereinafter)).
(Definitions)
Article 2 In this Ministerial Ordinance, the meaning of the following terms shall be as provided in each respective item:
(i) "Electronic Public Notice" shall mean electronic public notice prescribed in
Article 2, item (xxxiv) of the Act (including cases cited in the act that
prescribes the Provisions on Electronic Public Notice; the same shall apply hereinafter);
(ii) "Public Notice Period" shall mean the public notice period prescribed in
Article 940, paragraph (3) of the Act (including cases where applied mutatis mutandis pursuant to the Provisions on Electronic Public Notice; hereinafter the same shall apply in this Article);
(iii) "Interruption of Public Notice" shall mean the interruption of public notice prescribed in Article 940, paragraph (3) of the Act;
(iv) "Additional Public Notice" shall mean public notice pursuant to the provisions of Article 940, paragraph (3), item (iii) of the Act;
(v) "Electromagnetic Records" shall mean electromagnetic records prescribed in
Article 26, paragraph (2) of the Act;
(vi) "Computer" shall mean a computer prescribed in Article 944, paragraph (1)
item (i) of the Act;
(vii) "Program" shall mean a program prescribed in Article 944 paragraph (1)
item (i) of the Act;
(viii) "Server" shall mean an apparatus that automatically publicly transmits information recorded for the purpose of automatic public transmission, or
input into said apparatus, via a telecommunication line for public use;
(ix) "Provider" shall mean a telecommunications carrier (as prescribed in the
Telecommunications Business Act (Act No. 86 of 1984), Article 2, item (v)) that provides telecommunications services (meaning telecommunications services as prescribed in item (iii) of the same Article) that enables
connection to the Internet;
(x) "Public Notice Server" shall mean a server used for posting public notices electronically;
(xi) "Public Notice Address" shall mean the code, including characters and
marks or combinations thereof, used to identify the portion of the public
notice server provided for carrying out public notice electronically and which
allows a person who receives information constituting public notice to inspect it and record it in a file on a computer used by said person (including
input/output devices; the same shall apply hereinafter) by doing nothing more than entering such code or combinations into said computer;
(xii) "Public Notice Page" shall mean the content displayed on a computer screen when a public notice address is entered into said computer;
(xiii) "Registered Address" shall mean those matters registered relating to
electronic public notice carried out based on the Act or other Acts (limited to matters listed in Article 911, paragraph (3), item (xxix) (a) or other matters equivalent thereto);
(xiv) "Investigative Body" shall mean a body prescribed in Article 941 of the
Act (including cases where applied mutatis mutandis pursuant to the
Provisions on Electronic Public Notice; the same shall apply hereinafter);
(xv) "Investigation Entruster" shall mean an investigation entruster prescribed in Article 946, paragraph (3) of the Act (including cases where applied
mutatis mutandis pursuant to the Provisions on Electronic Public Notice; the
same shall apply hereinafter);
(xvi) "Investigation Results Notice" shall mean notice of the results of an
Electronic Public Notice Investigation prescribed in Article 946, paragraph (4) of the Act (including the cases where applied mutatis mutandis pursuant to the Provisions on Electronic Public Notice);
(xvii) "Business Rules" shall mean the business rules prescribed in Article 949,
paragraph (1) of the Act;
(xviii) "Public Notice Information" shall mean information listed in paragraph (1), item (iii) (c) of the following Article that the Investigation Entruster has indicated to the Investigative Body pursuant to paragraph (2) of the same
Article;
(xix) "Additional Public Notice Information" shall mean information that has been or is to be publicized in an Additional Public Notice and that the
Investigation Entruster has indicated to the Investigative Body pursuant to
the Business Rules of said Investigative Body;
(xx) "Information Acquisition Work" shall mean work carried out for the purpose of obtaining information from the Public Notice Server;
(xxi) "Acquired Information" shall mean information received from the Public
Notice Server as a result of Information Acquisition Work;
(xxii) "Public Notice Information Contents" shall mean the contents that can be recognized by inspecting the Public Notice Information on the Investigative
Body's Computer;
(xxiii) "Additional Public Notice Information Contents" shall mean the contents that can be recognized by inspecting the Additional Public Notice
Information on the Investigative Body's Computer;
(xxiv) "Acquired Information Contents" shall mean the contents that can be recognized by inspecting the Acquired Information on the Investigative
Body's Computer;
(xxv) "Identification Codes" shall mean the identification codes prescribed in
the Act on the Prohibition of Unauthorized Computer Access (Act No. 128 of
1999) Article 2, paragraph (2);
(xxvi) "Financial Statements, etc." shall mean the financial statements, etc., prescribed in Article 951, paragraph (1) of the Act;
(xxvii) "Investigation Record Book, etc." shall mean the investigation record
book, etc., prescribed in Article 955, paragraph (1) of the Act (including cases where applied mutatis mutandis pursuant to the Provisions on Electronic Public Notice).
(Method of Requesting an Electronic Public Notice Investigation)
Article 3 (1) A person who wishes to request an Electronic Public Notice
Investigation pursuant to the provisions of Article 941 of the Act (referred to hereinafter in this Article as the "Investigation Applicant") shall make a
request to the Investigative Body for an Electronic Public Notice Investigation, showing the matters listed below, no later than two business days prior to the
date on which said Investigative Body must, pursuant to the provisions of the Business Rules prescribed by said Investigative Body, submit a report to the Minister of Justice pursuant to the provisions of Article 6, paragraph (2):
(i) The names or trade name of said Investigation Applicant, his/her address or
the address of the head office or principal office and the name of the
representative (in cases where said representative is a juridical person, the name of said juridical person and the name of the person who is to carry out the duties thereof);
(ii) The Registered Address of said Investigation Applicant; provided, however,
that this shall exclude addresses for the public notices pursuant to Article
440, paragraph (1) of the Act;
(iii) The matters concerning the Electronic Public Notice listed below
pertaining to the request for said Electronic Public Notice Investigation: (a) The Public Notice Address;
(b) The Public Notice Period;
(c) The information that makes up the content that is to be publicized;
(d) The clauses of the laws and regulations that prescribe the content to be publicized.
(2) The information listed in item (iii) (c) of the preceding paragraph shall be presented using the electromagnetic means prescribed by the Investigative
body in the Business Rules (meaning the electromagnetic means prescribed in
Article 2, item (xxxiv) of the Act).
(Registration Procedures)
Article 4 (1) A person wishing to receive registration pursuant to the provisions of Article 941 of the Act shall submit a written application using the prepared appended form 1 to the Minister of Justice.
(2) The documents listed below must be appended to the written application set forth in the preceding paragraph:
(i) Certificate of registered matters or the equivalent thereof;
(ii) A document explaining that the person wishing to register does not fall under any of the items of Article 943 of the Act;
(iii) A document explaining that the Computer and the Program have the
capability to perform the Electronic Public Notice Investigation according to the method prescribed in the following Article;
(iv) A document explaining that the person wishing to register has instituted the information security countermeasures necessary to appropriately carry out the functions of an Electronic Public Notice Investigation;
(v) A document explaining that the Computers and the Programs shall have
the capability of preserving the information and instructions that have been input into said Computers and information obtained via the internet for the duration of the Electronic Public Notice Investigation;
(vi) A document explaining that the person wishing to register has the
personnel structure necessary to appropriately carry out the functions of an
Electronic Public Notice Investigation;
(vii) A document setting forth the matters listed below pertaining to the
implementation method set forth in Article 944, paragraph (1), item (ii) of the Act:
(a) Matters relating to Electronic Public Notice Investigation procedures; (b) Matters relating to the responsibilities, authority, and command
hierarchy of persons engaged in an Electronic Public Notice Investigation; (c) Matters relating to the education and training of persons engaged in an
Electronic Public Notice Investigation;
(d) Matters relating to the auditing of the functions of Electronic Public
Notice Investigations;
(e) Other necessary matters relating to the implementation method of the functions of Electronic Public Notice Investigations.
(3) The fees set forth in Article 942, paragraph (2) of the Act shall be paid by
attaching revenue stamps for an amount corresponding to the amount of the relevant fees to the written application set forth in paragraph (1); provided
however, that when filing an application using the electronic data processing
system prescribed in Article 3, paragraph (1) of the Act on Use of Information and Communications Technology in Administrative Procedure (Act No. 151 of
2002; hereinafter referred to as "Act on Use of Information and
Communications Technology"), pursuant to the provisions of the same
paragraph and if the fees are paid based on the payment information acquired through the filing of said application, the fees may be paid in cash.
(4) The provisions of the preceding three paragraphs shall apply mutatis
mutandis to the renewal of the registration set forth in Article 945, paragraph
(1) of the Act.
(Method of Carrying out an Electronic Public Notice Investigation)
Article 5 (1) The methods prescribed by Ordinance of the Ministry of Justice
prescribed in Article 946, paragraph (2) of the Act (including the cases where applied mutatis mutandis pursuant to the Provisions on Electronic Public
Notice) shall be listed as follows:
(i) Causing a Computer to perform the following work automatically:
(a) The carrying out of the work listed below, after having conducted information acquisition pursuant to the provisions of the following
paragraph at a frequency of at least once every six hours during the Public
Notice Period for public notice by way of Electronic Public Notice
pertaining to a request for an Electronic Public Notice Investigation:
1. In cases where information can be obtained from a Public Notice Server, the recording in an electromagnetic record of the date and time,
Acquired Information, and Public Notice Address input into the
Computer at the time of the information acquisition;
2. In cases where information cannot be obtained from a Public Notice
Server, the recording in an Electromagnetic Record of that fact, as well as the date and time and Public Notice Address input into the
Computer at the time of the information acquisition.
(b) In the case prescribed in (a) 1., after comparing the Acquired Information and the Public Notice Information and determining whether or not they
are identical, the recording in Electromagnetic Records of the result of that
determination and its date and time.
(ii) In cases where the result of the determination pursuant to the provisions of
(b) of the preceding item is that the Acquired Information and the Public
Notice Information are different, or in a case where said determination could not be made, the recording in Electromagnetic Records of the result of a
determination of the employees of the Investigative Body as to whether the
Acquired Information Contents and the Public Notice Information Contents are identical, and its date and time;
(iii) In the case prescribed in item (i) (a) 2. or the case where the information
acquisition specified by the following item cannot be done automatically by a Computer, the carrying out by an officer of the Investigative body of the work listed in the same item (i) (a) and in the preceding item, through manual
operation of a Computer;
(iv) In cases where the Registered Address and the Public Notice Address are different, after investigating at least once at any time during the Public
Notice Period said Public Notice Address, that is, investigating whether or not the public notice web page can be displayed on a Computer screen by conducting operation in accordance with any instructions (excepting
instructions pertaining to the collection of fees and inputting of
Identification Codes) which is displayed on said Computer's screen by inputting the Registered Address into said Computer, the recording in
Electromagnetic Records of the result of that investigation and its date and time;
(v) In cases where the work listed in item (ii) or item (iii) is carried out or the
case where the work set forth in the preceding item is carried out by an
officer of the Investigative Body through manual operation of a Computer, the recording in Electromagnetic Records of the name of the officer of the
Investigative Body who carried out said work.
(2) Information acquisition shall be accomplished by inputting into a Computer a Public Notice Address disclosed by an Investigation Entruster pursuant to the provisions of Article 3, paragraph (1), item (iii) (a), and requesting that the
Public Notice Server transmit information via a provider three times (in the event that the information can be obtained in one or two transmissions, that number of times, and in the event that the number of transmissions is two or more, a different provider each time). In this case, if the Investigative Body is notified by the Investigation Entruster pursuant to the provisions of its
Business Rules, to the effect that the Public Notice Address has changed and
said changed Public Notice Address is disclosed, with respect to Electronic
Public Notice Investigations conducted after that time (if said Investigation
Entruster discloses a scheduled date and time for said change, said scheduled
date and time), the Investigative Body, should input the changed Public Notice
Address into the Computer.
(3) In cases where an interruption in public notice has occurred during the Public
Notice Period for Electronic Public Notice pertaining to a request for an
Electronic Public Notice Investigation, and the Investigation Entruster has
provided an Additional Public Notice or has disclosed the contents of the public notice intended to be given to the Investigative Body pursuant to the
provisions of the Business Rules prescribed by said Investigative Body, with regard to the application of the provisions of paragraph (1), item (i) (b) and
item (ii) concerning Electronic Public Notice Investigations conducted after
that time (if said Investigation Entruster discloses a scheduled date and time
for the start of the Additional Public Notice, said scheduled date and time), the term "and the Public Notice Information" in item (i) (b) and item (ii) of the
same paragraph shall be deemed to be replaced with "and the Public Notice
Information and Additional Public Notice Information" and in item (ii), the
term "Public Notice Information Contents" shall be deemed to be replaced with
"Public Notice Information Contents and of the Additional Public Notice
Information Contents."
(4) In cases where the Investigative Body, due to a Computer failure or other reason, is unable to do any of the work listed in paragraph (1) (excluding item (iv)), it shall record this fact in the Electromagnetic Records and the date and time thereof (or, if such a record cannot be made, in writing).
(Matters to be Reported to the Minister of Justice and the Method of
Notification)
Article 6 (1) The matters prescribed by Ordinance of the Ministry of Justice
pursuant to Article 946, paragraph (3) of the Act shall be the matters listed in
Article 3, paragraph (1) item (i) and item (iii) (a), (b) and (d) (in regards to matters listed in item (i) of the same paragraph, excluding the name of the representative (in cases where said representative is a juridical person, the name of said juridical person and the name of the person who is to carry out the duties)).
(2) No later than two days prior to the start of the Public Notice Period for public notice by way of Electronic Public Notice pertaining to a request for Electronic Public Notice Investigation (the number of days listed in each item in Article 1 paragraph (1) of the Act on Holidays of Administrative Organs (Act No. 91 of
1988) shall not be included), the Investigative body shall report the matters
prescribed in the preceding paragraph to the Minister of Justice using an
electronic data processing system prescribed in Article 3 paragraph (1) of the
Act on Use of Information and Communications Technology.
(3) During the Public Notice Period for public notice by way of Electronic Public
Notice pertaining to a request for Electronic Public Notice Investigation, if the
Investigative body receives from the Investigation Entruster a notice pursuant to the provisions of the Business Rules prescribed by the Investigative body to
the effect that any of the matters prescribed in paragraph (1) are to be changed, said Investigative body shall promptly notify the Minister of Justice of the time
and the substance of the changes pertaining to such notice using an electronic data processing system prescribed in Article 3, paragraph (1) of the Act on Use of Information and Communications Technology.
(4) The provisions of Article 4, paragraph (1) and paragraph (4) of the Rules of
Use of Information and Communications Technology in Administrative
Procedure Based on the Provisions of Laws and Regulations under the
Jurisdiction of the Ministry of Justice (Ordinance of the Ministry of Justice No.
11 of 2003) shall apply mutatis mutandis to the Investigative Body making the report pursuant to the provisions of the preceding two paragraphs.
(Method of Providing Notice of Investigation Results, etc.)
Article 7 (1) An Investigation Result Notice shall be provided by delivering a written document setting forth the matters listed below or by providing
information containing such matters (hereinafter referred to as "Investigation
Results Information") via electromagnetic means; provided, however, that if
the Investigation Entruster requests that the Investigation Result Notice be carried out using one or the other of these methods such requested method
shall be used:
(i) The matters listed Article 3, paragraph (1), item (i), item (ii) and item (iii) (a), (b) and (d) (pursuant to the Business Rules prescribed by the
Investigative Body, in cases where notice has been given to the effect that any of these matters are to be changed, including the matters after the
change pertaining to said notice and the time of the change);
(ii) Public Notice Information Contents (in cases that are prescribed in Article
5, paragraph (3), Public Notice Information Contents and Additional Public
Notice Information Contents);
(iii) Among the matters recorded or stated pursuant to the provisions of Article
5, the matters listed below:
(a) The date and time the Acquired Information was received, the Public
Notice Address that was entered into the Computer at the time the information was obtained and the matters listed below:
1. In cases where the result of the determination pursuant to Article 5,
paragraph (1), item (i) (b) is that the Acquired Information and the
Public Notice Information (in cases prescribed in paragraph (3) of the same Article, the Public Notice Information and the Additional Public Notice Information) are identical, the date and time of said result and said determination;
2. In cases where the result of the judgment pursuant to Article 5,
paragraph (1), item (i) (b) is not the result prescribed in 1., the result of the judgment pursuant to the provisions of item (ii) of the same
paragraph and the date and time thereof.
(b) In cases where the information cannot be received from the Public Notice Server notwithstanding the fact that pursuant to the provisions of Article 5, paragraph (1), item (iii) the Information Acquisition Work prescribed in
item (i) (a) of the same paragraph has been done, a statement to that effect, the date and time the attempt was made, and the Public Notice Address
entered into the Computer at the time said Information Acquisition Work was done;
(c) The matters recorded pursuant to the provisions of Article 5, paragraph
(1), item (iv) and item (v).
(iv) When it is necessary to state or to record in the Investigation Results Notice to the effect that the Acquired Information Contents differ from the Public Notice Information Contents (in cases prescribed in Article 5,
paragraph (3), the Public Notice Information Contents and the Additional
Public Notice Information Contents) or to state or to record pursuant to the preceding item (b), the possible total time that can be estimated from these statements or records that the public notice was interrupted;
(v) In cases where it was not possible to conduct Information Acquisition Work
pursuant to the provisions of Article 5, paragraph (2) with the frequency
prescribed in paragraph (1), item (i) (a) of the same Article, a statement to that effect, the time therefor, and the reason therefor.
(2) The electromagnetic means prescribed in the preceding paragraph shall be the means listed below; provided, however, that when the Investigation
Entruster requests that the Investigation Results Notice be carried out by any
of these methods such requested method shall be used:
(i) The means prescribed in Article 222, paragraph (1), item (i) (a) or (b) of the Ordinance for Enforcement of the Companies Act (Ordinance of the Ministry of Justice No. 12 of 2006);
(ii) A means of delivering information recorded in a file on a magnetic disk that falls under any of the items of Article 33-6 paragraph (4) of the Rules of
Commercial Registration (Ordinance of the Ministry of Justice No. 23 of
1964).
(3) When so requested by the Investigation Entruster, the Investigative Body shall, in response to said request, provide Investigation Results Information, the contents of which can be recorded in the Electromagnetic Record to be
appended to the application for registration prescribed in Article 19-2 of the
Commercial Registration Act (Act No. 125 of 1963) or Investigation Results
Information that can be transmitted pursuant to the provisions of Article 102,
paragraph (2) and paragraph (5), item (ii) of the Commercial Registration
Rules.
(Cases where an Electronic Public Notice Investigation Cannot be Conducted) Article 8 The cases prescribed by Ordinance of the Ministry of Justice pursuant
to Article 947 of the Act (including cases where applied mutatis mutandis
pursuant to the Provisions on Electronic Public Notice; hereinafter the same shall apply in this Article) shall be those cases listed below:
(i) If persons listed in each of the items of Article 947 of the Act or directors,
etc., thereof (meaning directors, executive officers, members executing business, inspectors, company auditors or persons equivalent thereto;
hereinafter the same shall apply in this Article) receive a consignment from
the person doing the public notice by means of an Electronic Public Notice to use the Server they use themselves as the Public Notice Server;
(ii) In cases where the person conducting the public notice by means of an
Electronic Public Notice, in relation to said public notice, consigns a third party to use the Server said third party uses himself/herself as the Public Notice Server, if persons listed in each of the items of Article 947 of the Act
or directors, etc. thereof acts as an agent or intermediary for concluding said
contract for consignment;
(iii) If persons listed in each of the items of Article 947 of the Act or directors, etc. thereof are the lessors of the Public Notice Server (excluding cases
prescribed in item (i));
(iv) If persons listed in each of the items of Article 947 of the Act or directors, etc. thereof receive a consignment from the person conducting the public
notice by means of an Electronic Public Notice and create the Public Notice
Information.
(Notification of the Change to Place of Business)
Article 9 If the Investigative Body intends to make a notification pursuant to the provisions of Article 948 of the Act, said Investigative Body shall submit a
written notice using appended form 2 to the Minister of Justice.
(Business Rules)
Article 10 (1) If the Investigative Body intends to provide notification pursuant to the provisions of Article 949, paragraph (1) of the Act, said Investigative
Body shall submit a written notice using appended form 3 to the Minister of
Justice.
(2) The matters prescribed by Ordinance of the Ministry of Justice pursuant to
Article 949, paragraph (2) of the Act shall be the matters listed below:
(i) Matters relating to the times for reception of Electronic Public Notice
Investigation requests, and holidays on which requests will not be received; (ii) Matters relating to the method of requesting Electronic Public Notice
Investigations;
(iii) Matters relating to the location pertaining to the functions of Electronic
Public Notice Investigations (if the facilities where the Computers are
installed are located in places other than said location, including the places containing said facilities);
(iv) Matters relating to the fees for Electronic Public Notice Investigations;
(v) Matters relating to expenses prescribed in Article 951, paragraph (2) of the
Act (including cases where applied mutatis mutandis pursuant to the
Provisions on Electronic Public Notice) and Article 955, paragraph (2) of the
Act (including cases where applied mutatis mutandis pursuant to the
Provisions on Electronic Public Notice);
(vi) Matters relating to information security countermeasures pertaining to the functions of Electronic Public Notice Investigations;
(vii) The matters listed below pertaining to the implementation methods of
Electronic Public Notice Investigations:
(a) Matters relating to the procedures for Electronic Public Notice
Investigations;
(b) Matters relating to the responsibilities, authority, and command
hierarchy of persons engaged in the conduct of Electronic Public Notice
Investigations;
(c) Matters relating to the education and training of persons engaged in the conduct of Electronic Public Notice Investigations;
(d) Matters relating to the auditing of the functions of Electronic Public
Notice Investigations;
(e) Other necessary matters relating to the implementation method of the functions of Electronic Public Notice Investigations.
(viii) Matters relating to Investigation Results Notice;
(ix) Matters relating to managing and preserving the Investigation Record
Book, etc.;
(x) The matters listed below relating to the creation and preservation of records:
(a) Records of changes to the documents listed in Article 4, paragraph (2), item (iv);
(b) Records relating to entering the area(s) where the Computers are
installed (excluding audio-visual records);
(c) Records relating to authorization to operate the Computers and the
Identification Codes pertaining to said authorization; (d) Records relating to Computer activity;
(e) If the Computers and the Programs are subjected to acts of unauthorized
access, (meaning acts of unauthorized access prescribed in the Act on the
Prohibition of Unauthorized Computer Access, Article 3), records pertaining to said acts of unauthorized access;
(f) Records relating to maintenance and administration of the Computers and other facilities;
(g) Records relating to the performance results of the education and training
of the persons engaged in the functions of Electronic Public Notice
Investigations;
(h) Records relating to accidents pertaining to the functions of Electronic
Public Notice Investigations;
(i) Records relating to performance results from the auditing of the conduct of Electronic Public Notice Investigations;
(j) Records relating to the administration of the records listed in (a) through
(i).
(xi) Other necessary matters relating to the implementation of Electronic
Public Notice Investigations.
(3) With regard to the matters prescribed in item (x) of the preceding paragraph, those records listed in (a) and (c) and from (e) through (j) shall include a notice to the effect that they shall be preserved for three years from the date they
were created and that the records listed in (b) and (d) of the same item shall be preserved for one year from the date they were created.
(Notification of Termination and Suspension of Electronic Public Notice
Investigations)
Article 11 (1) If the Investigative Body intends to provide notification pursuant to the provisions of Article 950 of the Act, said Investigative Body shall submit written notice using appended form 4 to the Minister of Justice.
(2) When the Investigative Body intends to suspend an Electronic Public Notice
Investigation, said Investigative Body must append a document to the written notice set forth in the preceding paragraph evidencing that the Investigation Record Book, etc., has been transferred to another Investigative Body.
(Method of Disclosure of Financial Statements, etc.)
Article 12 The method prescribed by Ordinance of the Ministry of Justice
pursuant to Article 951, paragraph (2), item (iii) of the Act (including cases where applied mutatis mutandis pursuant to the Provisions on Electronic
Public Notice) shall be a method of displaying on paper or a screen the matters recorded in the Electromagnetic Records set forth in such item.
(Statements in the Investigation Record Book, Etc.)
Article 13 (1) A magnetic disk (including media capable of unfailingly recording
certain matters by means equivalent to those of magnetic disks) shall be that
which is prescribed by Ordinance of the Ministry of Justice as being equivalent to the investigation record set forth in Article 955, paragraph (1) of the Act.
(2) The matters prescribed by Ordinance of the Ministry of Justice in relation to the Electronic Public Notice Investigation set forth in Article 955, paragraph (1) of the Act shall those matters listed below:
(i) The matters listed in each of the items of Article 3, paragraph (1) (pursuant
to the Business Rules prescribed by the Investigative body, in cases where notice has been given to the effect that any of these matters are to be
changed, including the matters after the change pertaining to the said notice and the date and time of the change);
(ii) The year, month and day the Electronic Public Notice Investigation was
requested;
(iii) The location of the place at which the functions of the Electronic Public
Notice Investigations were carried out;
(iv) The name(s) of the official(s) who conducted the Electronic Public Notice
Investigation (excluding those prescribed in Article 5, paragraph (1), item
(v));
(v) The matters recorded as Electromagnetic Records pursuant to the provisions of each item of Article 5, paragraph (1);
(vi) The matters recorded as Electromagnetic Records pursuant to the
provisions of Article 5, paragraph (4) (in cases where said records cannot be made, recorded in a written document).
(3) The matters listed in the preceding paragraph shall be stated or recorded in
the Investigation Record Book, etc., each time there is a request for an
Electronic Public Notice Investigation.
(4) The Investigative Body shall preserve the Investigation Record Book, etc., in which the matters listed in paragraph (2) have been stated or recorded for a
period of ten years after the expiration of the Public Notice Period for
Electronic Public Notice pertaining to the request for an Electronic Public Notice Investigation. The same shall apply also concerning an Investigative Body that has received the transfer of an Investigation Record Book, etc.
pursuant to the provisions of Article 956, paragraph (1) of the Act.
(Certificate of On-Site Inspection)
Article 14 The certificate set forth in Article 958, paragraph (2) of the Act shall use appended form 5.