On 30 October 2026 Japan's Ministry of Economy, Trade and Industry (METI) published draft revisions to an ordinance and a notice governing business revitalisation ADR (specified certified dispute resolution procedures) under the Industrial Competitiveness Enhancement Act, and opened public comment. Comments close on 28 November 2026.
According to the published material, the revisions accompany the entry into force of the Act on Debt Adjustment Procedures with Financial Institutions and Others to Facilitate Business Revitalisation (Act No. 67 of 2025, the "Early Business Revitalisation Act"), passed at the 217th ordinary Diet session, and are intended to make necessary adjustments to the business revitalisation ADR procedure.
This page sets out what METI published, together with the statutory wording.
Overview of the consultations
| Item | Draft ordinance | Draft notice |
|---|---|---|
| Case number | 595320118 | 595320119 |
| Title | Ordinance partially amending the METI Ordinance for Enforcement of the Industrial Competitiveness Enhancement Act | Notice partially amending the matters on which a certified dispute resolution business operator asks the procedure administrator to confirm, under Article 29(2) of that Ordinance |
| Legal basis (as stated on the case page) | Article 56(1)(i), Industrial Competitiveness Enhancement Act | Article 47(1)(ii), Industrial Competitiveness Enhancement Act |
| Date published | 30 October 2026 | Same |
| Comment deadline | 28 November 2026 (must arrive by this date) | Same |
| Responsible office | Industrial Creation Division, Economic and Industrial Policy Bureau, METI | Same |
| Next steps | Promulgation and entry into force planned for early to mid-December 2026 | Same |
The draft ordinance
Article 33(1) of the METI Ordinance for Enforcement of the Industrial Competitiveness Enhancement Act sets the criteria applied when a specified certified dispute resolution business operator or similar body confirms borrowing by a business during business revitalisation ADR. Under the current text, the borrowing must satisfy both of the following:
- Item (i): the borrowing is recognised as reasonably necessary for the debtor's cash flow until the date by which all creditors are expected to agree to the draft business revitalisation plan
- Item (ii): the repayment date of the borrowed funds falls on or after the date by which all creditors are expected to agree
The draft deletes item (ii). After the revision, Article 33(1) would set as the criterion that the borrowing is recognised as reasonably necessary for the debtor's cash flow until the date by which all creditors are expected to agree.
METI's summary states that the purpose is to delete the provision on the end date in order to make pre-DIP finance more feasible and to support the debtor's cash flow.
Under its supplementary provision, the draft ordinance takes effect on the date the Early Business Revitalisation Act comes into force (11 December 2026).
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According to METI's summary, the current notice lists among the matters to be confirmed for a draft business revitalisation plan that, where agreement of all parties cannot be obtained, or where debts cannot be repaid under an agreed plan, the case is to move to court proceedings, specified conciliation or similar procedures.
The draft adds transfer to the procedure under the Early Business Revitalisation Act to those destinations (by amending the opening words of Article 2(4) of the notice). The draft notice also takes effect on the date the Early Business Revitalisation Act comes into force (11 December 2026).
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Statutory wording
Article 56(1) of the Industrial Competitiveness Enhancement Act provides that a business seeking revitalisation through a specified certified dispute resolution procedure may ask the operator conducting that procedure to confirm that its borrowing between the start and end of the procedure satisfies both of the following:
- (i) it meets the criteria set by METI ordinance as being indispensable to the continuation of the business; and
- (ii) all creditors who are parties to the dispute in that procedure have consented to the repayment of claims arising from the borrowing being given priority over the other claims they hold against the business at the time of the borrowing.
The draft ordinance amends Article 33(1) of the Ordinance, which sets the criteria referred to in item (i). Article 56(3) applies paragraphs (1) and (2) with necessary modifications to small and medium-sized enterprises seeking revitalisation with guidance or advice from the Organization for Small & Medium Enterprises and Regional Innovation, JAPAN or an authorised support institution.
Sources
- e-Gov Public Comment, draft ordinance (case no. 595320118; consultation guidelines and summary PDFs): https://public-comment.e-gov.go.jp/servlet/Public?CLASSNAME=PCMMSTDETAIL&id=595320118&Mode=0
- e-Gov Public Comment, draft notice (case no. 595320119): https://public-comment.e-gov.go.jp/servlet/Public?CLASSNAME=PCMMSTDETAIL&id=595320119&Mode=0
- Industrial Competitiveness Enhancement Act (Act No. 98 of 2013), e-Gov: https://laws.e-gov.go.jp/law/425AC0000000098
- METI Ordinance for Enforcement of the Industrial Competitiveness Enhancement Act (METI Ordinance No. 1 of 2014), e-Gov: https://laws.e-gov.go.jp/law/426M60000400001
- Early Business Revitalisation Act (Act No. 67 of 2025), e-Gov: https://laws.e-gov.go.jp/law/507AC0000000067
This page is compiled from material published by government agencies and from statutory text. Please consult a lawyer where a decision is needed on a specific matter.
