軽自動車検査協会
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Light Motor Vehicles and the Organization
Light Motor Vehicles and the Organization Activities of the Light Motor Vehicle Inspection Organization ORGANIZATION OF LMVIO The Articles of Association of the Light Motor Vehicle Inspection Organization

 

The Articles of Association of the Light Motor Vehicle Inspection Organization

CHAPTER 1. GENERAL RULES

(PURPOSE)
Article 1:
The purpose of the Light Motor Vehicle Inspection Organization (hereafter referred to as "Organization") is to carry out the inspection of light motor vehicles for ensuring their safety, preventing pollution they may cause and achieving environment preservation, as well as to perform the office work associated with such inspection.
(FOUNDATION AND NAME)
Article 2:
The Organization is founded in accordance with the Road Vehicles Act (Law No.185, 1951) and is named "Light Motor Vehicle Inspection Organization".
(LOCATION OF OFFICE)
Article 3:
1) The principal office of the Organization is located in Tokyo Metropolis.
2) The Organization may establish its subordinate offices at any locations.
Article 4: Deleted.
(TERMINOLOGY)
Article 5:
The terms used in these Articles of Association are in conformity with the terms used in the Road Vehicles Act.

CHAPTER 2-1. DIRECTORS AND STAFF MEMBERS

(DIRECTORS)
Article 6:
1)The Organization assigns as its Directors one President, no more than four Executive Directors, and one Auditor.
2)The organization may assign, as its directors, a small number of executive directors on a part time basis, in addition to the Executive Directors mentioned in the above clause.
(DUTIES AND POWERS OF DIRECTORS)
Article 7:
1) The President, as the representative of the Organization, presides over the business thereof.
2) The Executive Directors, acting in accordance with the decision of the President, assist him in managing the business of the Organization, substitute for the President when he is in an accident, and perform the duties of the President while the presidency is vacant.
3) The Auditor audits the business of the Organization.
4) The Auditor, judging from the results of audit, may present his opinions to the President or to the Minister of Land, Infrastructure and Transport.
(ELECTION OF DIRECTORS)
Article 8:
1) The President and the Auditor are elected by the Board of Directors.
2) The Executive Directors are appointed by the President.
3) Based on the provision in clause 2) above, the election or appointment of the Directors shall be approved by the Minister of land, infrastructure and transportation in order to be in force.
(TERM OF OFFICE)
Article 9:
1) The Director's term of office is two years, provided that the term of office of a substitute Director is the remaining period of his predecessor's term of office.
2) Any Director may be reelected.
(DISQUALIFICATION OF A DIRECTOR)
Article 10:
A person is disqualified to be a Director if applicable to any of the following conditions.
(1) A member of a Japanese or local government agency (not including part-time members);
(2) A person operating a business of manufacturing, reforming, maintaining or selling trading,dismantling or crushing motor vehicles or automotive parts or, in the case of a corporation operating such a business, a director thereof (including the persons possessing equivalent power or command regardless of the titles of their positions);
(3) A director of another automobile-related organization (including the persons possessing equivalent power or command regardless of the titles of their positions).
(DISMISSAL OF A DIRECTOR)
Article 11-1:
1) If a Director becomes disqualified pursuant to the provisions in the preceding Article, the Organization must dismiss the said person from the Directorship.
2) If a Director is applicable to any of the following conditions and is deemed unsuitable for his position, the Organization may dismiss the said person from the Directorship:
(1) Where the Director in question is considered to be incapable of executing his duties due to mental or physical disabilities;
(2) Where the Director in question has acted in violation of his duties.
3) Aside from the preceding paragraph 2), if an order has been issued in accordance with the paragraph 2, article 76-20 of the Road Vehicles Act, the Organization must dismiss the Director concerned.
(APPROVAL OF DIRECTOR ELECTION AND DISMISSAL)
Article 11-2:
The election or dismissal of a Director does not take effect unless approved by the Minister of Land, Infrastructure and Transport.
(PROHIBITION OF A DIRECTOR'S SERVING ANOTHER OFFICE)
Article 12:
A Director is prohibited from holding the position of a director in a profit-oriented organization or from being engaged in a profit-motivated business, except where such duality has been assented by the Minister of Land, Infrastructure .and Transport.
(RESTRICTION OF REPRESENTATIVE RIGHTS)
Article 13:
Concerning the matters in which the Organization and the President have contradicting interests, the President is devoid of representative rights; the Auditor represents the Organization with regard to the said matters.
(ELECTION OF A PROXY)
Article 14:
The President may elect a person from among the Executive Directors or the staff members of the Organization as his proxy having the right to perform all litigious or non-litigious acts concerning a certain part of the business of the Organization.
(APPOINTMENT OF STAFF MEMBERS)
Article 15:
The staff members of the Organization are appointed by the President.
(PROHIBITION OF A STAFF MEMBER'S SERVING ANOTHER OFFICE)
Article 16-1:
Any staff member of the Organization must not manage or work for a business of manufacturing, reforming, maintaining or selling trading, dismantling or crushing motor vehicles or automotive parts, or serve as a director or a staff member of a corporation operating such a business.

CHAPTER 2-2. THE BOARD OF DIRECTORS

(BOARD OF DIRECTORS)
Article 16-2:
1) A Board of Director is established within the Organization.
2) The Board of Directors is comprised of the President and the Executive Directors.
3) The Auditor may attend and express opinions at the meetings of the Board of Directors.
(MEETING AND AGENDA OF BOARD OF DIRECTORS)
Article 16-3:
1) Each meeting of the Board of Directors is summoned by the President.
2) When requested by at least a half of the Executive Directors or by the Auditor together with the indication of the subject of requested discussion, a meeting of the Board of Directors must be promptly summoned by the President.
3) A meeting of the Board of Directors is withheld unless attended by a majority of the Directors comprising the Board.
4) The meeting of the Board of Directors is chaired by the President.
5) The agenda of the meeting of the Board of Directors is decided by a majority of the attending Board members or, if the number of affirmative and negative votes are equal, is decided by the chairman.
(MATTERS SUBJECT TO BOARD OF DIRECTORS DECISION)
Article 16-4:
The Board of Directors decides, in addition to the matters designated separately from the Articles of Association, the following matters.
(1) Amendments to the Articles of Association;
(2) Changes in the document on business methods;
(3) Budget and business plans;
(4) The statement of accounts, the list of property, the balance sheet, and the profit and loss statement (hereafter "Financial Statements");
(5) Other matters important in the management of the Organization.

CHAPTER 2-3. THE BOARD OF COUNCILORS

(BOARD OF COUNCILORS)
Article 16-5:
1) A Board of Councilors is established within the Organization, as a body to discuss important matters concerning the management of the Organization.
2) The Board of Councilors is comprised of no more than 20 councilors.
3) The Board of Councilors discusses the following matters.
(1) Amendments to the Articles of Association;
(2) Important changes in the document on business methods;
(3) Budget and business plans;
(4) Other matters the discussion of which is considered to be necessary by the President.
(MEETING OF BOARD OF COUNCILORS)
Article 16-6:
1) Each meeting of the Board of Councilors is summoned by the President.
2) The meeting of the Board of Councilors is chaired by a Councilor elected by the members of the said Board.
3) The chairman presides over the business of the Board of Councilors.
4) In addition to the preceding paragraph, the chairman in consultation with the Board of Councilors may establish guidelines necessary for the steering of the meetings of the said Board.
(COUNCILORS)
Article 16-7:
1) A Councilor is appointed by the President with the approval of the Minister of Land, Infrastructure and Transport from among the persons of academic experience in motor vehicle safety and automotive pollution prevention and environment preservation.
2) The Councilor's term of office is two years, provided that the term of office of a substitute Councilor is the remaining period of his predecessor's term of office.
3) Any Councilor may be reappointed.

CHAPTER 3. BUSINESS AND EXECUTION THEREOF

(BUSINESS)
Article 17:
The Organization executes the following lines of business to achieve its purpose specified in Article 1.
(1) Inspection of light motor vehicles;
(2) Confirmation of the payment of vehicle weight taxes and determination of the amounts of payable taxes on light motor vehicles;
(3) Confirmation of the payment of light-vehicle taxes;
(4) Confirmation of the conclusion of contracts for accident compensation insurances and fraternal insurances related to light motor vehicles;
(5) Work incidental to any of the above activities (1) through (4).
(6) Other work necessary for achieving the purpose of the Organization specified in Article 1 and approved by the Minister of Land, Infrastructure and Transport.
(DOCUMENT ON BUSINESS METHODS)
Article 18:
1) The Organization produces a document on business methods prior to the start of its business and receives approval of the Minister of Land, Infrastructure and Transport; the same applies to the amending of the approved document.
2) The above document on business methods must indicate the matters stipulated in each paragraph of article 9 of the ministerial ordinance concerning the Organization (Ordinance No.52 of the Ministry of Transport, 1972; hereafter "Ordinance on the Organization").
(INITIATION OF LIGHT MOTOR VEHICLE INSPECTION)
Article 19:
Prior to starting the work of light motor vehicle inspection, the Organization must notify of the starting date and offices of the inspection work to the Minister of Land, Infrastructure and Transport; the same applies to the changing of the location of any office.
(INSPECTION RULES)
Article 20:
1) Prior to starting the work of light motor vehicle inspection, the Organization must establish rules for the inspection of light motor vehicles (hereafter "Inspection Rules") and receive approval therefor of the Minister of Land, Infrastructure and Transport; the same applies to the amending of the established Inspection Rules.
2) The Inspection Rules must indicate the matters stipulated in each paragraph of article 12 of the Ordinance on the Organization.
(INSPECTION EQUIPMENT FOR LIGHT MOTOR VEHICLES)
Article 21:
Each of the Organization's inspection offices for light motor vehicles is provided with the inspection equipment complying to the standards specified in article 13 of the Ordinance on the Organization; furthermore, the inspection equipment is maintained so as to remain in compliance with the said standards.
(LIGHT MOTOR VEHICLE INSPECTORS)
Article 22:
1) In its light motor vehicle inspection work, the Organization assigns the inspectors elected from among those who satisfy the paragraph 1, article 14 of the Ordinance on the Organization to the work requiring judgment on the compliance of light motor vehicles with Japan's Safety Regulations.
2) Where light motor vehicle inspectors are elected, the Organization must notify of this to the Minister of Land, Infrastructure and Transport within 15 days; the same applies to the changing of the elected inspectors.
3) Any light motor vehicle inspector or motor vehicle inspector dismissed from his job by the order defined in the paragraph 32-4, article 76 or in the paragraph 4-4, article 94 of the Road Vehicles Act is disqualified to become a light motor vehicle inspector for two years from the said dismissal.

CHAPTER 4. FINANCE AND ACCOUNTING

(BUSINESS YEAR)
Article 23:
The business year of the Organization starts on April 1st every year and ends on March 31st the following year.
(BUDGET)
Article 24:
The Organization must produce a budget and a business plan for each business year and receive approval therefor of the Minister of Land, Infrastructure and Transport prior to the start of the business year; the same applies to the changing of the approved budget or business plan.
(FINANCIAL STATEMENTS)
Article 25:
1) The Organization must produce and submit the Financial Statements to the Minister of Land, Infrastructure and Transport within three months from the termination of the business year concerned.
2) In reference to the submission of the Financial Statements mentioned in the preceding paragraph, the Organization attaches a statement of accounts arranged according to budget categories and the Auditor's letter indicating his opinions on the Financial Statements and the statement of accounts.
Article 26: Deleted.
(HANDLING OF PROFITS AND LOSSES)
Article 27:
1) Where a profit has generated in the profit and loss statement for a business year, the Organization uses the profit to cover the loss carried over from the preceding business year and accumulates the remainder, if any, of the said profit as reserve fund.
2) Where a loss has generated in the profit and loss statement for a business year, the Organization uses the reserve fund specified in the preceding paragraph to cover the loss and records the remaining deficiency, if any, as loss to be carried over.
(MANAGEMENT OF SURPLUS FUND)
Article 28:
Any surplus fund of the Organization must be managed by sure and advantageous methods such as depositing in financial institutions.
(RESTRICTED HANDLING OF LAND AND BUILDINGS)
Article 29:
To sell, exchange or mortgage its land holdings and buildings, the Organization must receive approval of the Minister of Land, Infrastructure and Transport in advance.
(STANDARD FOR PAYMENT OF SALARIES AND RETIREMENT ALLOWANCES)
Article 30:
Prior to establishing a standard concerning the payment of salaries and retirement allowances to Directors and staff members, the Organization must notify of the planned standard to the Minister of Land, Infrastructure and Transport; the same applies to the amending of the established standard.
(ACCOUNTING RULES)
Article 31:
Prior to establishing an accounting rule, the Organization must receive approval of the Minister of Land, Infrastructure and Transport for the basic matters contained in the said rule; the same applies to the amending of the established rule.

CHAPTER 5. MISCELLANEOUS RULES

(EXECUTION RULES)
Article 32:
In addition to the rules provided by those Articles of Association mentioned above, the President may establish other rules deemed necessary for the management of the Organization.
(AMENDMENT TO THE ARTICLES OF ASSOCIATION)
Article 33:
To amend the Articles of Association, approval must be obtained from the Minister of Land, Infrastructure and Transport in advance.
(METHOD OF PUBLIC ANNOUNCEMENT)
Article 34:
The Organization issues all its public announcements through the official gazette of the Japanese government.
ADDITIONAL RULES
1) The Articles of Association are entered into force on the day of establishment of the Organization.
2) In spite of the provisions in paragraph 1), Article 8, at the establishment of the Organization among the persons recommended by the promoters are appointed the President and the Auditor respectively by the Minister of Land, Infrastructure and Transport.
3) In spite of the provisions in Article 23, the first business year of the Organization starts on the day of its establishment and ends on March 31, 1973.
4) Concerning the budget, business plan and funding plan of the Organization for the first business year, the condition "prior to the start of the business year" stipulated in Article 24 is paraphrased to "after the establishment of the Organization without delay".
ADDITIONAL RULES [Approved on September 30, 1987]
1) This amendment takes effect on October 1, 1987.
2) As a result of this amendment, the term of office terminates on March 31, 1989 for the President and the Auditor and on June 30, 1989 for the other Directors in spite of the provisions in paragraph 1), Article 9.
ADDITIONAL RULES [Approved on November 20, 1998]
  This amendment takes effect on November 24, 1998.
ADDITIONAL RULES [Approved on December 28, 2000]
  This amendment takes effect on January 6, 2001.
ADDITIONAL RULES [Approved on August 22, 2003]
  This amendment takes effect on August 22, 2003.
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