일본 은행법상의 「銀行代理業制度」검토 및 시사점

Abstract

This paper is organized as follows: Firstly, Part II. introduces how financial regulation has changed in Japan recently and further illustrates the major changes made by the series of newly enacted laws. Second, Part III provides the major features of revised Banking Act with regard to Bank Agency Services. The rule defines that Bank Agency Service may not be operated without permission from the Prime minister. Also, a Bank Agent may, in addition to Bank Agency Service and services incidental to Bank Agency Service, engage in other business or services if it obtain the Prime Minister's approval therefor. However, Bank Agency should comply to following rules. Firstly, a Bank Agency shall, when he/she receives money or other property from a customer in relation to the acts in relation to Bank Agency, manage the money or other property separately from its own property pursuant to the provision of a Cabinet Office Ordinance. Second, when carrying out an act as Bank Agency, a Bank Agent shall disclose in advance the following matters to customers: Trade name of the Principal Bank, Whether the Bank Agent is acting as an agent or is acting as an intermediary for conclusion of contracts : and other matters specified by a Cabinet Office Ordinance. In addition, a Bank Agent shall, in order to contribute to the protection of Depositors, etc. with regard to the deposit, provide information on the contents of contracts pertaining to the deposits or Installment Savings, etc. and other information that would be helpful for the Depositors. Also, a Bank Agent shall not carry out the following acts in relation to his/her Bank Agency Service: acts of providing false information to customers, Act of, with respect to any uncertain matter, providing customers with any conclusive evaluations on the matter or information that is likely to mislead them into misunderstanding that the matter is a certain matter and acts of providing an agency service or intermediary service for conclusion of a contract on loan of funds or discounting of bills and notes to a customer on the condition that the customer carry out transactions pertaining to the business conducted by the Bank Agent or person having a close relationship specified by a Cabinet Office Ordinance with the Bank Agent including his/her Subsidiary Company etc. Part IV covers the regulatory implication from the recent legal changes and revision of Banking Act in Japan. In Part V, this paper concludes that the concern about emerging separation of sales function from production of financial products and diversify of sales channel should be focused and addressed.