Order to Provide Security Article 846-5 With regard to an Action Seeking Invalidation of Acquisition of Shares, etc. Subject to the Cash-Out, the court may order the Shareholder Subject to the Cash-Out who has filed the Action Seeking Invalidation of Acquisition of Shares, etc. Subject to the Cash-Out to provide reasonable security in response to a petition by the defendant;provided, however, that this does not apply when the Shareholder Subject to the Cash-Out is a director, company auditor, executive officer, or liquidator of the Subject Company.
In order for a defendant to file the petition set forth in the preceding paragraph, the defendant must make a prima facie showing that the plaintiff filed the action in bad faith.
