Article 22(Reporting on transfer of construction business) #
(1) Where a construction business operator intends to report transfer of his or her construction business, or merger of corporations in the main clause, with the exception of the subparagraphs, of Article 17 (1) of the Act, the following parties shall jointly prepare a report and submit it to the competent Mayor/Do Governor within 30 days from the date the transfer contract is concluded (referring to the date of registration of the split-off, or split and merger, in cases of a report on transfer of construction business through a split-off, or split and merger) or the merger of corporations is registered: <Amended on Mar. 29, 2011; Aug. 6, 2019>
1. In cases of transfer of construction business, transferor and transferee;
2. In cases of merger of corporations, the representatives of respective corporations before the merger and the representative of the corporation established after or surviving the merger.
(2) In filing a report under paragraph (1), a report (including a report in electronic form) on transfer of construction business, or merger of corporations shall be accompanied by the following documents (including electronic documents): <Amended on Mar. 29, 2011>
1. A copy of the transfer contract (referring to a plan for split-off or a contract for split and merger, in cases of a split-off, or split and merger) or the contract for merger of corporations;
2. Documents referred to in under Article 16 (1). In such cases, a business consulting report referred to in Article 16 (1) 2 shall be based on the date on which the transfer contract is concluded (referring to the date of registration of split-off, or split and merger, in cases of a split-off, or split and merger) or the merger is registered;
3. Registration certificates and registration pocket books;
4. A written consent of the project owner or a document verifying the termination of the contract of the relevant project (applicable only to a report on a transfer where any project is being performed);
5. Current status (referring to the project owner, project cost, project period, warranty period, and other matters of the project) on the project (applicable only to a project, the warranty period of which has not elapsed);
6. Current status of subcontracted projects and unpaid subcontract amount (applicable only where any project is subcontracted or the subcontract amount is unpaid);
7. Copies of resolutions on the merger adopted by the general meetings of two corporations which are the parties to the merger (applicable only to a report on merger of corporations which are stock companies or limited companies).
(3) Upon receiving a report under paragraph (2), a Mayor/Do Governor shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where a reporting person does not consent to verification of the matters referred to in subparagraph 1, 4 through 6, he or she shall be required to submit the relevant documents: <Amended on Oct. 29, 2008; Dec. 31, 2008; May 4, 2010; Nov. 2, 2010; Oct. 14, 2014; Jun. 21, 2016>
1. A certificate of fact on alien registration under Article 88 (2) of the Immigration Act (applicable only where a person who has filed the report, or a corporation's representative or executive officer is a foreigner);
2. A corporate registration certificate;
3. A certified copy of the building registry (it can be substituted by a certified copy of building ledger, if it is owned or leased by the reporting person);
4. Certificates of payment of national taxes and local taxes by the transferor (applicable only to a report on a transfer);
5. A building permit, if it is a temporary building subject to permission under Article 20 (2) of the Building Act;
6. A subscription certificate of a National Pension subscriber or a certificate of acquisition and loss of the entitlement to the Health Insurance of the information and technology engineer.
(4) Articles 17, 18 and 20 shall apply mutatis mutandis to reports on transfer of construction business or reports on merger of corporations. <Amended on Jun. 21, 2016>
(5) In any of the following cases, a Mayor/Do Governor may request a transferor or transferee to take appropriate measures, such as supplementation of a transfer contract:
1. Where the submission of opinions by the interested persons is deemed well-grounded;
2. Where the criteria for registration, etc. of the transferor is deemed inappropriate as a result of examination thereof;
3. Where any term and condition of transfer of construction business is deemed in contravention of Article 19 of the Act.
(6) Paragraph (5) shall apply mutatis mutandis to processing of reports on merger of corporations.