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Information on Specially Permitted Businesses for Qualified Institutional Investors, etc.

Important Notice Regarding Regulatory Revisions

Japanese
 

On May 27, 2015, a law to revise some of the provisions of the Financial Instruments and Exchange Act ("FIEA") related to operators ("specially permitted operators") of Specially Permitted Businesses for Qualified Institutional Investors, etc. ("specially permitted businesses") ("Revised FIEA of 2015") was passed. The law was promulgated on June 3 of the same year. This will also apply to operators of businesses stipulated in Article 48(1) of the Supplementary Provisions of the Act to Partially Amend the Securities and Exchange Act (Act No. 65 of 2006) ("Specially Permitted Investment Management Business operators").

The Revised FIEA of 2015 was enforced on March 1, 2016.

Important Notice Regarding Regulatory RevisionsNovember 20, 2015)(PDF
Laws related to Specially Permitted Business Operators and Specially Permitted Investment Management Business Operators for Qualified Institutional Investors, etc. have been revised, making it necessary for these providers to make additional submissions. 

 

 

IMPORTANT Update (June 10, 2016)

Regarding Additional Notification and Transitional Measure
A law to revise provisions pertaining to operators of Specially Permitted Businesses for Qualified Institutional Investors, etc. (SPBQII) under the Financial Instruments and Exchange Act (FIEA) took effect on March 1, 2016.
For the detail of the revision, please refer to the Financial Services Agency´s website: FSA´website.

1. Additional Notification is required

Please start the preparation of this Additional Notification today.
Existing operators that made the notification of SPBQII operation on and before February 29, 2016 (before the revised FIEA of 2015 took effect on March 1, 2016) are required to submit additional notifications and attachments by August 31, 2016.

In case the applicant has no business office or any other office in Japan, the applicant needs to submit Notification Form for Specially Permitted Businesses for Qualified Institutional Investors, etc. (One original copy) to the Kanto Local Finance Bureau.


Item to be notified Timing of submission Form, etc.
Notification Form for Specially Permitted Businesses for Qualified Institutional Investors, etc.
【FIEA Article 63(2)】
From March 1 to August 31, 2016 Form (Excel)
Entry examples (PDF)
Pledge statement
【FIEA Article 63(3), The Cabinet Office Ordinance regarding Financial Instruments Business, etc. (hereafter "Cabinet Office Ordinance") Article 238-2】
*Note: In addition to a Pledge statement, Resume, etc., the notifier needs to attach such documents as abstracts of the residence certifications (or the equivalent certifications from foreign competent authorities) of the person making the submission (Officers in the case of a corporation) and Important Employees. 【Where a notifier is a juridical person】
Form (Word)
【Where a notifier is an individual】
Form (Word)
Resume
【Cabinet Office Ordinance Article 238-2】
【Where an officer is an individual】
Form (Word)
【When an officer is a juridical person】
Form (Word)
Document to be Submitted when All of the Qualified Institutional Investors are Investment Limited Partnerships (LPSs)
【Cabinet Office Ordinance Article 238-2, 244(3)】
Form (Word)
Document Verifying the Total Amount of Money contributed by Closely Related Persons and/or Persons Equipped with Expertise and Experience
【Cabinet Office Ordinance Article 238-2, 244(3)】
Form (Word)
Entry examples (Word)
*Please use this check list for the matters to be entered and attachments, etc.
SAMPLE: AFFIDAVIT (Sample items for a juridical person)AFFIDAVIT (Sample items for a natural person)


2. Transitional measures before submitting Additional Notification (Notification of Amendment, etc.)

If you have changes in notified matters, you have to submit Notification of Amendment, etc. before you make above Additional Notification.
When discrepancies have been identified between the Additional Notification and the notified matters in Former Notification at the time of the submission of the Additional Notification, the notifier is additionally required to submit the Notification of Amendment (including updated replacement page(s) of the Former Notification Form (Form 20)) and a letter explaining the reason for delay (arbitrary form; seal or signature of representative is required (Note: if more than one month has passed since the matters were changed)).
 
Until the Additional Notification is duly submitted and accepted, existing operators need to submit the Notification of Amendment with updated replacement page(s) of the  Notification Form (Form 20) based on the FIEA before the Revision.


Notificatons Timing of submission Form, etc.
Notification of Amendment Without delay when there is any change in notified matters. Form (Word)
Entry examples (Word)
Former Notification (Form 20) As above. Attach the updated replacement page(s) of the Form. Form (Word)
*Attach a letter explaining the reason for delay (if more than one month has passed since the matters were changed).

3. Other required notifications and reports

Based on the revision of the FIEA, there are additional requirements of other new notification (Notification of Amendment of the Articles of Incorporation, etc.) and Business Report. Please check the Forms, etc. here.

Contact

Kanto Local Finance Bureau
3rd Securities Business Surveillance Section
1-1 Shintoshin, Chuo-ku, Saitama-city, Saitama, 330-9716 Japan
Tel: +81-(0)48-614-0044
Email: kanto-tekikaku@kt.lfb-mof.go.jp
For telephone inquiry to 3rd Securities Business Surveillance Section: 09:00 - 17:45 (Japan Time)

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