2-(1) Regarding the NPO corporation system and NPO law

"NPO (Non-Profit Organization)" is a general term for organizations that do various social contribution activities and do not aim to distribute profits to members of the organization.
Therefore, it is permissible to conduct a business aimed at profits, but the profits obtained from the business will be used for various social contribution activities.

There are many NPOs that do not have a legal personality and are active. However, if you do not have a legal personality, there may be inconveniences such as not being able to open a bank account or rent an office under the name of an organization. .
The non-profit organization system is a system in which NPOs can acquire legal status through simple procedures with the aim of eliminating such inconveniences and promoting NPO activities. A corporation that has acquired a legal status (*) based on the Act (Specific Non-Profit Activities Promotion Act).

※Corporate status: Those who can be the subject of rights and obligations other than individuals

In January 1995, the Great Hanshin-Awaji Earthquake occurred, and in this earthquake, citizen volunteer activities showed great power. At that time, efforts to address local issues such as welfare and community development by civic groups were also spreading. .
As an environment improvement to activate such voluntary and voluntary activities of citizens, a corporate system that can easily obtain a legal status is required, and was enacted in March 1998 by the legislative law. .

One of the major features is that the system respects free corporate management and minimizes the involvement of the competent authority based on the premise of citizen selection and monitoring through information disclosure.
The competent authority may exercise the minimum necessary supervisory authority only if there is a reasonable reason that is suspected of violating laws and the Articles of Incorporation.

Under the NPO Act, the discretion of the competent authority is extremely limited in determining the requirements for establishment, and the competent authority must certify when it finds that the application of an organization conforms to the establishment requirements stipulated in Article 12 of the NPO Act. It must be done. In addition, in principle, the means of confirmation should be performed by "document examination" instead of actual examination.
For this reason, the credibility of the organization is not guaranteed by the certification of the competent authority. It is required that each and every citizen judge based on publicly available information.

Since the NPO Law respects free corporate management and is based on the premise of selecting and monitoring citizens through information disclosure, an information disclosure system that is unprecedented in other corporate systems has been developed. I am.
Specifically,

• Publication and inspection system at the competent authority at the time of application for certification (Article 10 of the Act)
• Inspection system for business reports, etc. at non-profit corporations offices for interested parties (Article 28 of the Act)
• Inspection system for business reports, etc. at the competent authority for the general public (Article 30 of the Act)

There are three rules.