Information Processing Apparatus and Program
The information processing apparatus addresses the challenge of digital securities transfer by using blockchain to ensure compliance with third-party requirements, enabling secure and flexible online transactions.
Patent Information
- Application Number
- JP2022169976
- Authority / Receiving Office
- JP · JP
- Patent Type
- Patents
- Current Assignee / Owner
- Priority Date
- 2021-11-17
- Filing Date
- 2022-10-24
- Publication Date
- 2025-07-28
- Estimated Expiration
- 2042-03-14
AI Technical Summary
The challenge of double transfer of digital securities, particularly real estate securities, arises when the notice or consent for the validity of assignment against third parties cannot be effectively incorporated into digital systems, leading to incomplete online transactions and potential disputes due to procedural errors or omissions, as mandated by Article 467 of the Civil Code.
An information processing apparatus that utilizes a distributed ledger technology, specifically blockchain, to digitally fractionate securities, record transfer information, and provide a digital certificate with debtor consent, ensuring compliance with third-party confrontation requirements through a commitment notice displayed on dedicated viewing screens and electronic documents.
Enables secure, online completion of all procedures for transferring digital securities, satisfying third-party requirements, thereby enhancing transaction security and flexibility, reducing disputes, and facilitating seamless secondary market transactions.
Smart Images

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Abstract
Description
Technical Field
[0001] The present invention relates to a technology related to the transfer of securities or equity interests (hereinafter referred to as "securities, etc.") using assets such as real estate as collateral assets. In particular, the present invention relates to a technology for creating a digital certificate corresponding to a certificate with a specific date and time when claiming the third-party confrontation requirement for the assignment of claims stipulated in Article 467 of the Civil Code.
Background Art
[0002] With the development of the network, crowdfunding has emerged in which an unspecified number of people provide financial resources or cooperation to other people and organizations via the Internet. Although this may be referred to as social lending in a narrow sense, it will be referred to as "crowdfunding" or "fund" in this specification.
[0003] Recently, by using crowdfunding, fund-raising has been actively carried out to collect funds for lending sources to corporations and purchase sources of assets such as real estate from general investors. In particular, real estate investment crowdfunding has attracted attention in recent years. This is greatly influenced by the fact that after the enactment of the "Law Concerning the Securitization of Assets" in 1998, so-called SPC (Special Purpose Company) law, and the amendment in 2001 made all property rights the subject of securitization. It became clear that all assets with value are subject to securitization, including real estate.
[0004] Real estate securitization is a mechanism that securitizes the right to receive the income generated by physical real estate, especially by fractionalizing it (reducing the investable amount) to make it easier for ordinary investors to invest in real estate. Through real estate securitization, each investor can invest in securitized real estate properties (office buildings, rental apartments, logistics centers, etc.) without owning the physical real estate or investing a large amount of funds, and can enjoy the rental income and sales profits generated by the real estate properties. As a system related to real estate securitization, for example, there is the following Patent Document 1. The device described in Patent Document 1 is characterized by presenting effective information on real estate securitization products to investors.
[0005] By the way, in recent years, there has been a growing trend to utilize distributed ledger technologies such as blockchain to electronically record the generation and transfer of rights represented by securities (for example, the following Patent Document 2). What displays the rights represented by such securities as tokens (certificates) generated and issued by blockchain technology or the like is generally called a security token or a digital security, and offering this privately or publicly for sale is called a security token offering (STO). Regarding the fractionalized securities of real estate, it has become technically possible to tokenize the investment shares of investors using this distributed ledger technology, provide a token transfer scheme among investors, and manage the right transfer of tokens occurring at any timing by rewriting the distributed ledger.
Prior Art Documents
Patent Documents
[0006]
Patent Document 1
Patent Document 2
Summary of the Invention
Problems to be Solved by the Invention
[0007] In the future, as the digital securitization of securities becomes more active, one of the issues of concern is the double transfer of digital securities. Taking digital securities with real estate as collateral assets (hereinafter simply referred to as "real estate securities") as an example, in a situation where investor A, who wants to transfer fractionalized real estate securities, has only a single shareholding, after transferring the shareholding to investor B, investor A further transfers it to a third-party investor C.
[0008] Article 467 of the Civil Code stipulates the requirements for the validity of assignment of specified claims for the purpose of ensuring the security of transactions. The assignment of a specified claim cannot be asserted against the debtor or other third parties unless the assignor notifies the debtor or the debtor consents, and this notice or consent must be made by a document with a definite date. Without such a document, it cannot be asserted against third parties other than the debtor, aiming to resolve the problem of double transfer.
[0009] As indicated by "must be made by a document with a definite date", the notice or consent for the requirements for the validity against third parties stipulated in the Civil Code is premised on being carried out by means of certified mail or a notarial certificate (a document on which a notary has affixed a dated seal to a private document). However, it is practically impossible to directly incorporate existing procedures such as certified mail into the developed system. Also, even if digital real estate securities (tokens) can be acquired or transferred on the development system, if procedures such as certified mail are required at the stage of meeting the requirements for the validity against third parties, ultimately, a series of procedures cannot be completed online, and the benefits of digitalization will be immediately diminished. Furthermore, considering the trouble of preparing for certified mail and the like, it cannot be denied that there may be assignees who do not meet the requirements for the validity against third parties due to omissions or errors in the recorded content. In this case, the risk of disputes among investors also remains.
[0010] Therefore, in an information processing apparatus that acquires digitized valuable securities and enables their transfer among investors, the present invention aims to create a certificate for the transfer of the valuable securities that satisfies the requirements for confrontation against third parties, so that the transfer of rights of the valuable securities can be carried out through a simple procedure and the rights relationship related to the transfer can be determined between the debtor and other third parties along with the transfer of rights.
Means for Solving the Problems
[0011] The information processing apparatus according to the present invention for achieving the above object is a right related to a business based on a syndication contract, and includes a fractionalization means for digitally fractionating the right into two or more lots, a creditor registration means for registering information of the creditor of the right and the number of lots of the right held by the creditor, a transfer request receiving means for receiving a transfer request of the right from the registered creditor via a communication line, the transfer request including identification information for specifying the right and the number of transfer lots, a transfer acceptance means for receiving, via the communication line, identification information of the right to be transferred and the number of transfer lots from a person wishing to transfer or receive the right on an application screen for soliciting transfer or receipt of the right, a distributed ledger recording means for recording transfer information indicating transfer of the number of transfer lots of the right specified by the person wishing to transfer or receive the right from the creditor to the person wishing to transfer or receive the right in a distributed ledger including a blockchain, and a commitment notice display means for displaying a notice indicating that the debtor approves the transfer of the right on at least one dedicated viewing screen page of either the creditor who is the transferor of the right or the person wishing to transfer or receive the right who is the transferee of the right, the commitment notice display means enabling assertion of the requirements for confrontation against third parties regarding the transfer of the right when the notice is displayed.
[0012] Further, the information processing apparatus according to the present invention includes a digital certificate display means for displaying the transfer information and the debtor's consent to the transfer of the right in response to access to the digital address of the digital certificate which is an electromagnetic document containing the transfer information recorded by the distributed ledger recording means, by the creditor or the transferee candidate. Further, instead of or in addition to the consent notice, the information processing apparatus further includes a creditor notice means for notifying the debtor of the transfer information from the transferee candidate acting as the creditor or the creditor's agent or messenger. The notice is not transmitted until a preset time, and after the elapse of the time, it is automatically or manually posted on the browsing screen pages of the creditor and the transferee candidate, who are the parties to the transfer of the right, so as to be viewable. The distributed ledger recording means records the transfer information in the distributed ledger, and the digital certificate can be provided to at least one of the creditor, the debtor, or the transferee candidate.
[0013] Furthermore, the transfer information at least includes identification information for identifying each of the creditor and the transferee candidate of the right to be transferred, information for identifying the right to be transferred, transfer price, number of transfer units, and the date and time when the debtor consented to the transfer of the right.
Advantages of the Invention
[0014] The information processing apparatus according to the present invention can digitally divide securities related to rights related to a business based on a syndication contract into small-denomination securitization and complete all procedures from its sale to repayment online. In particular, when the small-denomination securities are transferred among investors, the procedures required to satisfy the third-party effectiveness requirement for the transfer of creditor's rights (including the transfer of the contractual position in the syndication contract) can also be completed online by the information processing apparatus according to the present invention.
[0015] As a result, procedures related to the trading of digital securities are simplified, and the transfer of rights between investors that satisfies the requirements against third parties can be realized. Consequently, it becomes possible to provide investors with an investment recovery opportunity that is incomparably more flexible and secure than before, leading to an active investment.
Brief Description of the Drawings
[0016]
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Embodiment for Carrying Out the Invention
[0017] Hereinafter, with reference to the drawings, an embodiment of the process executed by the information processing apparatus according to the present invention will be described. The information processing apparatus in this embodiment will be described as a securities management apparatus 100 that performs an online process of procedures from the acquisition to the repayment of securities or the like with real estate as collateral assets. Note that, although it is shown as an "apparatus", it can be replaced with a "system" or a "server". In the following description, the term "investor" includes not only individuals (natural persons) but also corporations and qualified institutional investors, etc. A qualified institutional investor is a person defined by a Cabinet Office Ordinance as a person "having specialized knowledge and experience related to investments in securities". It is a so-called professional investor, and includes securities companies, investment trust agencies, banks, insurance companies, investment advisory companies, pension fund management funds, etc. In this embodiment, securities or the like with real estate as collateral assets are cited, but it is not necessarily the case that they must be real estate securities.
[0018] FIG. 1 shows an outline of the overall scheme including the securities management apparatus 100 according to this embodiment. As shown in FIG. 1, after the special purpose company 1 concludes an anonymous syndicate contract with the investor 2, it acquires the real estate 3 from the real estate owner based on the capital contributions and the like collected from the investor 2. Thereafter, the special purpose company 1 distributes the profits (rents and sales profits) obtained from the rental or sale of the target real estate 3 to the investor 2. Therefore, with respect to the claim arising from the anonymous syndicate contract, the investor 2 is the creditor and the special purpose company 1 is the debtor, resulting in a creditor-debtor relationship. Here, the "anonymous syndicate contract" refers to the anonymous syndicate contract described in Article 2, Paragraph 2, Item 5 of the Financial Instruments and Exchange Act in this embodiment, and the "special purpose company" means the "special case business operator" defined in Article 58 of the Specific Joint Real Estate Business Act.
[0019] The securities management device 100 executes the registration, management, and profit distribution of investors by the special purpose company 1. Since the securities management device 100 completes all procedures online, it is communicably connected to the investor terminal of the investor 2 via a communication line such as the Internet. Note that the special purpose company 1 includes entrusting a part of its business such as sales and management to a predetermined entrusted company 4. As will be described later, the securities management device 100 manages the recording of information based on distributed ledger technology represented by blockchain. The anonymous syndicate equity of each investor is granted in the form of a security token (hereinafter sometimes abbreviated as "ST") generated and issued by the distributed ledger technology.
[0020] To summarize, when a total predetermined investment amount is collected from the investor 2 (in the case of crowdfunding, at the time of fund establishment), the securities management device 100 tokenizes the investment equity based on the anonymous syndicate contract between the special purpose company 1 and the investor 2 using the blockchain infrastructure and then issues tokens, and transfers these security tokens to the individual wallets of each investor according to the investment ratio of each investor. Also, if there is a transfer due to the transfer of security tokens among investors during the operation period, a direct transfer of security tokens is made between the wallets of the parties. And at the end of the operation, simultaneously with the payment of the repayment amount, the security tokens in the wallet of the investor 2 are transferred to the wallet managed by the special purpose company 1.
[0021] Hereinafter, a specific description of the securities management device 100 will be given. Figure 2 shows an overview of the functions of the securities management device 100. The securities management device 100 is mainly classified into a business management unit 10, a front unit 20, and a blockchain unit 30.
[0022] The business management department 10 includes at least a property operation function 11, an input / output management function 12, an investor management function 13, an investment application management function 14, a legal document creation function 15, and a private key management function 16. The property operation function 11 registers the property transferred from the real estate owner, and the input / output management function 12 manages the transfer price. Also, the input / output management function 12 implements the investment amount contributed by the investor 2 and the distribution for dividends and repayments to the investor 2. The information required for investment applications is aggregated by the investment application management function 14, and the investor information associated with the transfer of security tokens is managed by the investor management function 13. In addition, the legal document creation function 15 creates legal documents such as notice (or consent) letters for the transfer of claims and sends them to the parties involved in the transfer of rights. Furthermore, within the system, the business management department 10 is configured to cooperate with the front department 20 and the blockchain department 30. Also, the private key management function 16 of the business management department 10 assigns a unique private key to each investor and uses it to securely send to the wallet of the investor 2 when transferring security tokens.
[0023] The front department 20 provides an interface for connecting between the securities management device 100 and the investor 2 (resultantly, between investors via the securities management device 100) through the interface control unit 21. For example, assume that a certain investor 2 holds one or more security tokens of property X registered in the above-described property operation function 11. The front department 20 provides a sell order screen for the investor 2 to input and specify the transfer amount per token and the number of transfer tokens as the seller to the securities management device 100. Also, the front department 20 provides a buy order screen for the buyer investor who wants to purchase the security tokens of the transfer amount and the number of transfer tokens presented by the seller investor to specify the number of purchase tokens. Therefore, the front department 20 performs the relative processing of buying and selling via the securities management device 100, enabling the buyer investor to specify the security tokens presented by the seller investor. Also, for the investor management function 13 of the business management department 10, a registration screen is provided that allows the investor 2 to input contact information such as name and address.
[0024] Note that the security token held by the seller, investor 2, and presented on the sell order screen is not limited to those sold as real estate fractionalized products raised through crowdfunding, as long as an anonymous syndicate contract is made between the special purpose company 1, which is the operating entity of the securities management device 100, and the investor. That is, the present invention is also applicable to security tokens for real estate sold in any form from the special purpose company 1 or the sales and management consignment company 4 without going through crowdfunding.
[0025] When a security token is issued, when a security token is transferred between the securities management device 100 and the investor 2, and when a security token is transferred between investors, the blockchain unit 30 instantaneously rewrites the distributed ledger managed by the securities management device 100. Therefore, the transfer status of the security token can be grasped in real time. In addition, the distributed ledger can be referred to in response to a request from the investor or the special purpose company 1. Thereby, not only the administrator of the securities management device 100 but also the investor can grasp the status of token possession and transfer, indicating that the distributed ledger is not simply created administratively or arbitrarily within the token issuer or the administrator of the securities management device 100.
[0026] Blockchain is already a well-known technology. Although the method of calculating the hash value for each data block and recording the transaction data together with the hash value in a chain-like manner in the distributed ledger will not be described in detail in this specification, an outline of its advantages is given below. The characteristics of distributed ledger technology represented by blockchain are that, when determining the legitimacy of transactions and actions, it does not rely on verification that depends on a specific server, but is based on a non-centralized peer-to-peer (P2P) network for communication connections between multiple terminals. Instead of a specific server centrally managing the ledger regarding transactions and the like, multiple terminals manage the update information to their own databases from the past to the present as a continuous ledger data. Moreover, by each terminal managing the same ledger data, only when it is recognized that no contradiction occurs in any ledger for a new transaction or the like, it is treated as a regular transaction or the like to be added to each ledger, ensuring the authenticity of the data on the database.
[0027] Due to such characteristics, blockchain technology: (1) makes it impossible to falsify past transaction data; (2) enables the service to continue by using the data of other terminals even if some of the terminals managing the data malfunction, and is highly resistant to system failures and has high availability; (3) the communication within the blockchain is encrypted and verified by certificates, so it is extremely difficult to falsify in the first place.
[0028] In addition to the functions described above, the securities management device 100 also performs communication processing with a banking system or the like and various other processes (such as identity verification and anti-social force checks) via APIs or the like, but these are well-known matters or technologies, so they are omitted in this specification. Also, the transmission and reception of various data between the securities management device 100 and investors or between investors may use electronic signatures or electronic certificates. Since these technologies are also well-known, they are omitted in this specification.
[0029] Figure 3 is a flowchart showing the processing performed in the preparation stage for starting a purchase and sale among the processing procedures executed by the securities management device 100. It will be described in order while showing an example of a screen provided by the front part of the securities management device 100 (see Figure 4).
[0030] First, the securities management device 100 registers real estate properties to be the targets of investment solicitation (step S301). The registered real estate properties will be presented to investors 2 as crowdfunding and sold as fractionalized securities. FIG. 4A is an example of a screen showing that one property is being solicited as crowdfunding and one property is already being operated. In addition to the summary information such as the amount of funds to be raised, the planned distribution rate, and the operation period for the real estate property as shown in the illustration, in the detailed screen, information such as the location and the number of building partitions of the property is presented for the investment decision-making materials of investors, and furthermore, a planned profit simulation as shown in FIG. 4B may be appropriately displayed.
[0031] The securities management device 100 accepts and registers investors 2 who wish to invest in real estate properties via crowdfunding (step S302). FIG. 4C is an example of a screen for inputting investor information.
[0032] It is determined whether the investor is qualified as an investor through identity verification and anti-social forces check, etc. (step S303). If it is determined to be insufficient, registration is not performed as unapproved (step S304). If approved as investor 2, a private key unique to the investor is created along with the registration (step S305). The created private key is used to ensure the confidentiality of communication between the business management department 10 and the front department 20, which are constituent modules within the securities management device 100. In addition, the blockchain department 30 creates a wallet for holding security tokens for each approved investor (step S306).
[0033] In order to solicit investment applications from investors for the presented crowdfunding for a certain period, the securities management device 100 displays the application screen shown in FIG. 4C and accepts investment applications (step S307).
[0034] Next, the securities management device 100 confirms that the investment funds have been transferred from the investor 2 to a predetermined investment account (step S308). After the fundraising ends for each fund and a predetermined period has elapsed, it is confirmed whether the total investment amount including the invested amounts received from each investor meets the fundraising amount criteria for the establishment of the fund, and it is determined whether the fund is established (step S309).
[0035] If it can be confirmed that the fund has been established (Yes in step S310), the securities management device 100 sends a contract establishment document indicating that an anonymous syndicate contract has been concluded between the special purpose company 1 and the investor 2 to the investor 2 via a communication line such as the Internet (step S311). In the anonymous syndicate contract between the special purpose company 1 and the investor 2, the establishment of the fund is a suspensive condition under Article 127, Paragraph 1 of the Civil Code, and when it can be determined in step S310 that the fund has been established, the effect of the contract occurs. On the other hand, if it cannot be confirmed that the fund has been established (No in step S310), the effect of the contract does not occur (step S312). If the fund is established, the blockchain unit 30 of the securities management device 100 first issues a quantity of security tokens corresponding to the established amount of the fund and causes them to be held in the wallet of the special purpose company 1 (step S313).
[0036] Furthermore, the blockchain unit 30 transfers the quantity of security tokens corresponding to the investment funds (initial shares) of each investor from the wallet of the special purpose company 1 to the wallet of each investor 2 (step S314). At this time, the securities management system 100 notifies the investor via the network that the fund has been established and the effect of the anonymous syndicate contract has occurred, and accordingly the security tokens have been transferred to the wallet of the investor who is a syndicate member.
[0037] The blockchain section 30 of the securities management device 100 records the transfer of security tokens from the wallet of the above-mentioned special purpose company 1 to the wallet of the investor 2 in the distributed ledger (step S315). The information to be recorded includes at least the wallet ID of the transfer source, the wallet ID of the transfer destination, the transferred token ID, the quantity of the transferred tokens, and the date and time of the transfer. Furthermore, it is desirable to also record the date and time when the investment application was made in step S306 and the security token issuance date and time in step S311.
[0038] Next, FIG. 5 is a flowchart showing the process when transferring the token to another investor 2 in a situation where the investor 2's wallet holds a security token, among the procedures of the process executed by the securities management device 100. This corresponds to when a security token is transferred in a so-called secondary (circulation market).
[0039] An example of the screen provided by the front section 20 of the securities management device 100 (see FIGS. 6A - 6I) will be described in order. An investor who wishes to sell the security tokens they hold (hereinafter referred to as the "seller investor") inputs the unique information required on the authentication screen (see Fig. 6A) provided by the front part 20 of the securities management device 100 and is authenticated (step S501). Then, the securities management device 100 displays a list of the shares of the security tokens held in their respective wallets as shown in Fig. 6B. In the example shown in Fig. 6B, for one fund ("First Fund"), 55 tokens with a unit price of 10,000 yen are held. When the "Details" button 60 is clicked here, a list of each of the 55 tokens is displayed (see Fig. 6C). Further, when the "Details" button 61 of each token is clicked, the detailed information of the clicked token is displayed (see Fig. 6D). In the example of Fig. 6D, in each item such as the token ID and the fund ID, "6..." and "3..." etc. are shown. This is an example of displaying the encoded code recorded by the blockchain part 30 in the distributed ledger. The token ID in Fig. 6C is also displaying the encoded code. However, the actual owner's name etc. may be displayed so that these items can be understood at a glance.
[0040] When the seller investor wishes to sell the security tokens they hold, they return to Fig. 6C and click the "Sell" button 62 (see Fig. 6E). In response to the click, the securities management device 100 displays a sell order screen as shown in Fig. 6F. If the seller investor determines that there is no need to check the share and token details, the display of the share list and the token detailed information may be skipped and the sell order screen in Fig. 6F may be immediately displayed.
[0041] Next, the seller investor enters the number of tokens to be sold in the sell order screen of Fig. 6F into the token quantity column 63 and enters the desired selling price per token to be presented as the selling price into the presented price column 64 (step S502). Note that the value shown in the token price column 65 is the price at which the seller investor acquired the token. Also, the presentable price 66 is displayed on the sell order screen. This indicates the range of token unit prices that can be entered in the presented price column 64, and it is preferably a value based on the appraisal result by a real estate appraiser. The seller investor will enter the desired selling price within the presentable price range shown based on the appraisal evaluation amount by the real estate appraiser into the presented price column 64.
[0042] On the other hand, an investor who wishes to purchase a security token (hereinafter referred to as the "buyer investor") clicks the "buy" button 67 of the fund that the investor wishes to purchase from within the list of available buy orders (see Fig. 6G). In response to the click, the securities management device 100 displays a buy order screen as shown in Fig. 6H. Needless to say, as a prerequisite for a buy order by the buyer investor, it is necessary that funds available for a buy order have already been deposited into a predetermined investment account. Note that in order for the buyer investor to understand the details of each fund, a screen (not shown) of the same token detailed information as shown in Fig. 6D presented to the seller investor is displayed.
[0043] Since the number of tokens to be sold by the seller investor is displayed in the purchasable token quantity column 70 of the buy order screen shown in Fig. 6H, the buyer investor enters a value equal to or less than this number of tokens into the purchase token quantity column 72 (step S503). Note that the price value displayed in the selling price column 73 is the value entered by the seller investor into the presented price column 64 of Fig. 6F, and the total purchase amount calculated by multiplying the unit price in the selling price column 73 by the quantity in the purchase token quantity column 72 is automatically displayed in the total amount column 74. Also, the presentable price 71 corresponds to the presentable price 66 shown to the seller investor in Fig. 6F.
[0044] Upon receiving the click of the confirmation button for the purchase order, the blockchain unit 300 of the securities management device 100 determines that the buy and sell orders match and determines that the transaction is completed (step S504). When the transaction is completed, the purchased tokens are excluded from the targets of subsequent purchases and enter a state awaiting approval by the special purpose company 1, which is the debtor under the anonymous syndicate contract. The special purpose company 1 (or the commissioning company from the special purpose company 1) approves the token transactions in the approval pending state at a predetermined time (for example, 15:00 every business day), and based on the approval, transfers the same amount of tokens as the number of purchased tokens from the seller-side investor's wallet to the buyer-side investor's wallet on the blockchain platform.
[0045] In response to the above transfer, the blockchain unit 300 records in the distributed ledger the transaction ID related to the transaction, the token ID identifying the transferred tokens, the quantity of transferred tokens, the token transfer date and time, the transaction contract establishment date and time (the approval date and time of the token transaction by the special purpose company 1, which is the debtor under the anonymous syndicate contract), the seller-side investor ID, the buyer-side investor ID, etc. (step S505). The investment application date and time, token issuance date and time, etc. may also be recorded. In a prior proof-of-concept experiment, it was confirmed that the time required to rewrite the blockchain ledger associated with the transfer is within a few seconds, enabling realization substantially in real time. Note that the date and time are not based on a timer freely engraved independently by the securities management device 100, but are synchronized with the time provided by a reliable institution. For example, the NTP (Network Time Protocol) server has a hierarchical structure with a very accurate NTP server using GPS or atomic clocks as the apex, and each NTP server maintains the accuracy of the time information by obtaining time information from the upper NTP server. The securities management device 100 only needs to periodically inquire about the time information using the NTP communication protocol through the TCP / IP network to obtain the time information and correctly set the internal clock of the device.
[0046] When the security token is transferred to the buyer-side investor, the buyer-side investor can then sell the security token purchased as the seller-side investor. Therefore, the investor management function 13 registers and manages the buyer-side investor after the token transfer as a creditor in the anonymous syndicate contract.
[0047] When the transfer of the token is completed and recorded in the distributed ledger by the blockchain unit 300, in order for the special purpose company 1, which is the debtor in the anonymous syndicate contract, to notify the seller-side investor of the commitment to transfer the token, the special purpose company 1 (or the commissioned company from the special purpose company 1) instructs the front unit 20 to display a notice of the commitment to transfer the token on the my page of the seller-side investor (a dedicated viewing page for each investor provided for each investor registered in the securities management device 100 and capable of displaying and viewing various information on the display screen) (see Fig. 6I). When the special purpose company 1 notifies the seller-side investor of the commitment to transfer the above token via the securities management device 100, that is, when the said notice is displayed on the my page of the seller-side investor according to the instruction of the special purpose company 1 (or the company commissioned by the special purpose company 1) (the time point is stored in the securities management device 100 associated with the said notice and shown as the notice date and time as shown in Fig. 6I), it is deemed that the special purpose company 1 has made a commitment by the "document with a fixed date" of the purchase and sale contract between the investors.
[0048] The legal document creation function 15 of the business management department 10 creates a digital certificate, which is an electromagnetic document (PDF document) containing the details of the sales contract and the token transfer information, which is the record on the blockchain related to the sales contract. When the seller-side investor clicks on the URL described in the notice, the digital certificate can be viewed. Here, the information regarding token transfer described in the digital certificate (hereinafter referred to as "token transfer information") is information that identifies the details of the token transfer between investors. Specifically, it includes the fund name and fund ID related to the transaction, the seller-side investor ID, the buyer-side investor ID, the transaction ID, the token ID, the token quantity, the token price, and the sales contract establishment date and time (the approval date and time of the token sale by the special purpose company 1).
[0049] As described above, the digital certificate in this embodiment means a document created with electronic information (for example, a PDF document). However, since the format of the digital certificate is not particularly limited, it does not necessarily have to be formed as a so-called "document". In other embodiments, for example, the information shown in the digital certificate may include a digital display in a form where the information is simply displayed as a list of text containing characters and symbols on the screen of the terminal operated by each investor 2.
[0050] Also, in this embodiment, it is assumed that the special purpose company 1 notifies the seller-side investor that it approves the token transfer. However, it is not limited to this. That is, the special purpose company 1 may notify the buyer-side investor, and it may be considered that the commitment by the "certificate with a fixed date" of the sales contract between investors has been made when the notice is displayed on the buyer-side investor's my page. Or, the notice may be displayed on both the seller-side investor's and the buyer-side investor's my pages. Also, in this embodiment, it is assumed that the token transfer information is confirmed by clicking on the URL in the notice displayed on the my page. However, the display method may be such that the token transfer information is included in the notice (integration of the notice and the digital certificate), and the click on the URL is omitted. In addition, in this embodiment, when a sales contract is concluded, a digital certificate is automatically sent to the investor via email. However, it may be sent upon receiving a request from the investor. In this embodiment, the destinations to which the digital certificate is sent are both the seller-side investor and the buyer-side investor. However, in other embodiments, it may be only the seller-side investor or only the buyer-side investor. Also, the timing of sending the digital certificate shall be automatically or without delay through manual operation by a special purpose company 1 or the like when the sales contract is concluded (when the special purpose company 1 approves the token sale and purchase), or when the seller-side (or buyer-side) investor clicks on the URL described in the notice. In addition, the digital certificate is sent by email and is also posted on the investor's my page, and it is desirable to keep it in a state where it can be viewed / downloaded at all times.
[0051] As understood from the above description, the notice from the special purpose company 1 to the seller-side investor (or the buyer-side investor and both of them) that it approves the transfer of the token is related to the "requirement for confrontation against third parties" of the above-mentioned assignment of claims (including the transfer of the contractual position in the syndication contract). To repeat, having the notice of approval of the token transfer displayed on the my page of the seller-side investor, etc. in the securities management device 100 according to the instruction from the special purpose company 1 (or a company entrusted by the special purpose company 1) is equivalent to the special purpose company 1, which is the debtor in the syndication contract, having made a commitment by means of a "certificate with a fixed date" for the assignment of claims (including the transfer of the contractual position in the syndication contract) as stipulated in Article 467, Paragraph 2 of the Civil Code, to the seller-side investor who is the assignor of the claim and the buyer-side investor who is the assignee of the claim.
[0052] Therefore, when the transfer of a security token takes place, a notice of the debtor's (Special Purpose Company 1) consent to the transfer is sent to the seller-side investor, who is the creditor transferor, via the Securities Management Device 100, and this can also be confirmed by receiving the digital certificate by email. There is no need for any procedures on the investor side to meet the requirements for confrontation against third parties. When the buyer-side investor purchases a security token, the transfer of the rights to the real estate securities corresponding to the token will meet the requirements for confrontation against third parties, and this can be confirmed by receiving the digital certificate by email. Therefore, the fact of the transfer, which has been made extremely simply and securely, can be recognized. Compared with the conventional method of using "certificates with a fixed date" such as content-certified mail, there is no offline work, and information regarding the sales contract (creditor transfer) can be transmitted within seconds of the conclusion of the sales contract. This significantly enhances the security of the transactions of the sales contract and also contributes to the speed-up and paperless nature of the sales transactions, resulting in a remarkable effect.
[0053] Also, it is impossible in principle to double-transfer the anonymous syndicate investment shares within the Securities Management Device 100. However, even if the seller investor (creditor transferor) double-transfers the anonymous syndicate investment shares held outside the Securities Management Device 100, the data created using the blockchain technology of the Securities Management Device 100 can accurately grasp information regarding the consent of the debtor, Special Purpose Company 1, even retrospectively, by checking the records on the blockchain within the Securities Management Device 100, due to the technical advantages unique to blockchain, such as the impossibility of falsifying past transaction data. As a result, there is also an effect that the security of the transactions of the sales contract can be ensured and unnecessary disputes can be avoided.
[0054] In the case of this embodiment, for the convenience of investors, a method that satisfies the requirements for confrontation against third parties by the "commitment" of the special purpose company 1 as the debtor is adopted. However, Article 467, Paragraph 2 of the Civil Code stipulates "notification or commitment by a document with a fixed date". Therefore, in other embodiments, instead of "commitment", "notification" may be used, that is, the assignor of the claim (including the assignee of the claim acting as the agent or messenger of the assignor of the claim; hereinafter referred to as "the assignor of the claim, etc.") "notifies" the special purpose company 1 as the debtor, or the requirements for confrontation against third parties may be satisfied by both "commitment" and "notification". If the securities management device 100 creates a certificate for the requirements of confrontation against third parties that describes the token transfer information (fund name and fund ID related to the transaction, seller-side investor ID, buyer-side investor ID, transaction ID, token ID, token quantity, token price, date and time of conclusion of the sales contract (date and time of approval of token sales by the special purpose company 1)) and transmits it to the assignor of the claim, etc., and the assignor of the claim, etc. transmits the certificate for the requirements of confrontation against third parties to the debtor (special purpose company 1) via the securities management device 100 as an expression of intention without objection to the above description, when the debtor receives this, the same effect as the requirements for confrontation against third parties by the above-mentioned "commitment" will occur. Alternatively, the securities management device 100 may transmit a form or template for describing the token transfer information to the assignor of the claim, etc., and the assignor of the claim, etc. may complete the certificate for the requirements of confrontation against third parties by describing the token transfer information in a predetermined column of the template, etc. and transmit it to the debtor (special purpose company 1) via the securities management device 100. As other methods, it also includes the assignor of the claim, etc. transmitting a certificate for the requirements of confrontation against third parties that describes the token transfer information without using a form, etc. to the debtor (special purpose company 1).
[0055] In addition, the securities management device 100 shall store the above-mentioned digital certificate for at least five years from the date of transmission or commitment. And it shall be possible to present the digital certificate in response to a disclosure request from the seller-side investor (transferor) and the buyer-side investor (transferee) of the security token or the special purpose company 1.
[0056] (Industrial Applicability and Advantages) According to the securities management device 100 of the present embodiment, an investor can purchase or sell the held security tokens at any timing in the so-called secondary market. Although it is not a transfer of securities, real estate crowdfunding actually exists as a similar mechanism. However, in real estate crowdfunding, the investment operation period is determined, and in principle, early termination during the operation period is not possible, whereas the transfer of rights through the transfer of security tokens by the securities management device 100 can be redeemed (liquidated) at a desired time, and cash can be obtained by selling when urgent funds are required. This provides investors with an unprecedentedly flexible investment recovery opportunity, leading to active investment.
[0057] In addition, investments through real estate crowdfunding have so far been limited to relative transactions between investors and fund management operators in the primary market. In other words, the secondary market, which is trading between investors, is not well-developed. On the other hand, as described above, the securities management device 100 is configured to be able to adequately handle the secondary market because the transfer of security tokens is carried out from investor to investor. Moreover, in the case of the securities management device 100, the third-party confrontation requirement, which has not been taken any measures in the current real estate crowdfunding, is provided without any special procedures from the investor side. Therefore, even if the secondary market becomes active in the future, there is no possibility of unexpected disadvantages to investors due to double transfer.
[0058] Finally, an additional function when the securities management device 100 is used for the transfer of the "excluded electronic record transfer right" in the Financial Instruments and Exchange Act will be explained. First, the "electronic record transfer right" is defined in Article 2, Paragraph 3 of the Financial Instruments and Exchange Act, that is, (1) a right regarded as a security, (2) the right is represented by a property value that can be transferred using an electronic information processing organization, and (3) excluding certain things such as those with low liquidity.
[0059] A security token falls under the category of "electronic record transfer rights." However, among the above definitions, especially in the case of a security token with low liquidity as defined in (3), it will fall outside the scope of "electronic record transfer rights." In this case, it may be considered different from the security tokens described so far. However, in the information processing apparatus according to the present invention, which acquires digitized securities and enables their transfer among investors, the feature of also creating a certificate for providing third-party effectiveness requirements for the transfer of such securities is not affected by the degree of liquidity of the token at all.
[0060] Regarding security tokens that are regarded as "excluded electronic record transfer rights" due to low liquidity, the following restrictive functions are further added as functions of the securities management apparatus 100 of the present embodiment to enable them to be treated equivalently to security tokens that are "electronic record transfer rights." · Technical measures to prevent persons other than investors within the scope similar to qualified institutional investors, etc. stipulated in the Financial Instruments and Exchange Act or target investors of qualified institutional investor special business (special business target investors) from acquiring and transferring tokens. · Technical measures to prevent tokens from being transferred without the application of the rights holder and the approval of the issuer each time.
[0061] Simply put, for non-professionals in finance such as financial instrument dealers and fund managers, or individuals other than those who hold a large amount of investment financial assets, it is dealt with by having "acquirer restrictions" means to prevent token holding and transfer, and "transfer restrictions" means that require the application of the rights holder and the approval of the token issuer for token transfer.
[0062] By adding the above restrictive functions, the securities management apparatus 100 can easily and surely perform a transfer with third-party effectiveness requirements even for "excluded electronic record transfer rights."
[0063] In addition, the present invention includes, within the scope of the invention, programs installed or loaded onto a computer by downloading through various recording media such as optical disks like CD-ROMs, magnetic disks, semiconductor memories, etc., or via communication networks such as communication networks.
[0064] Furthermore, the terminals related to the blockchain unit 30 of the securities management device 100 via a network are computers connected to a network such as the Internet or a dedicated line. Specifically, for example, a PC (Personal Computer), a mobile phone, a smartphone, a PDA (Personal Digital Assistants), a tablet, a wearable terminal, etc. can be mentioned. Also, as the portable terminal of investor 2, for example, a mobile phone, a smartphone, a PDA, a tablet, a wearable terminal, etc. can be mentioned. By setting the terminals and portable terminals connected to the network by wire or wirelessly to be able to communicate with each other, a business scheme including the securities management device 100 is configured. Also, in the above-described embodiment, the securities management device 100 is a P2P type system, but it does not necessarily have to be a P2P type distributed ledger technology. It may be configured as a system that cooperates with an ASP (Application Service Provider).
Explanation of Reference Numerals
[0065] 1 Special Purpose Company 2 Investor 3 Real Estate 10 Business Management Department 11 Property Operation Function 12 Input / Output Management Function 13 Investor Management Function 14 Investment Application Management Function 15 Legal Document Creation Function 16 Private Key Management Function 20 Front Office 21 Interface Control Unit 30 Blockchain Unit 100 Securities Management Device
Claims
1. An information processing system for rights related to securities or rights related to a business based on a syndication contract, transfer request receiving means for receiving a transfer request for the rights, the transfer request including at least identification information for identifying the rights or the number of transfer units, recording means for recording transfer information of the rights, the transfer information including at least information on the transferor and transferee of the rights and the identification information or the number of transfer units, approval receiving means for receiving approval of the transfer of the rights from the debtor of the rights, definitive date storage means for storing, in a storage medium based on blockchain technology, the time point when the debtor of the rights has made a transfer commitment act as the definitive transfer date of the rights, An information processing system comprising the above.
2. An information processing system for rights related to securities or rights related to a business based on a syndication contract, transfer request receiving means for receiving a transfer request for the rights, the transfer request including at least identification information for identifying the rights or the number of transfer units, recording means for recording transfer information of the rights, the transfer information including at least information on the transferor and transferee of the rights and the identification information or the number of transfer units, approval receiving means for receiving approval of the transfer of the rights from the debtor of the rights, definitive date storage means for storing, as the definitive transfer date of the rights, the time point when the storage medium based on blockchain technology has received the transfer information transmitted by the creditor of the rights, An information processing system comprising the above.
3. The information processing system according to claim 1, further comprising transfer information presentation means capable of presenting the transfer information of the rights including the time point of the transfer commitment act at the time of storage by the definitive date storage means.
4. The information processing system according to claim 2, further comprising transfer information presentation means capable of presenting the transfer information of the rights including the time point of the transmission at the time of storage by the definitive date storage means.
5. The information processing system according to claim 1, wherein the transfer approval of the rights includes approval of the transfer of the contractual position in the syndication contract.
6. The information processing system according to claim 1 or 2, wherein the transfer information of the rights is confirmed by a document created in electronic information or a digital display including characters or symbols on a screen.
7. The information processing system according to claim 1 or 2, wherein the record related to the transfer of the rights is stored so as to be presented in response to a disclosure request for a predetermined period.
8. A program to be executed in an information processing system for rights related to securities or rights related to a business based on a syndicate contract, wherein the information processing system receives a transfer request for the right, the transfer request including at least identification information for specifying the right or the number of transfer shares, records transfer information for the right, the transfer information including at least information on the transferor and transferee of the right and the identification information or the number of transfer shares, receives transfer approval for the right from the debtor of the right, stores, in a storage medium based on blockchain technology, the time point when the debtor of the right makes a transfer commitment act as the transfer confirmation date of the right, for causing the above to be executed.
9. A program to be executed in an information processing system for rights related to securities or rights related to a business based on a syndicate contract, wherein the information processing system receives a transfer request for the right, the transfer request including at least identification information for specifying the right or the number of transfer shares, records transfer information for the right, the transfer information including at least information on the transferor and transferee of the right and the identification information or the number of transfer shares, receives transfer approval for the right from the debtor of the right, stores, as the transfer confirmation date of the right, the time point when the storage medium based on blockchain technology receives the transfer information sent by the creditor of the right, for causing the above to be executed.
Citation Information
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