Tips and tricks

Who to ask for legal support in Japan?

You need to contact the appropriate legal professional depending on the situation. For most of the case, you might require different professionals at the same time to fulfill your purpose, which might be trouble some especially for non-Japanese speaker.

Bt utilizing my network with each legal professionals, I would be happy to be your main point of contact to work as a team to provide a one-stop service upon your request.

Administrative ScrivenerA legal professional specializing in the preparation and submission of administrative documents to government.
Judicial ScrivenerA legal professional specializing in handling legal matters related to property and commercial registration. 
Labor and Social Security AttorneyA Legal professional specializing in labor and social security laws.
LawyerLawyers handle a wide range of legal matters, including litigation, contracts, and negotiations, both in civil and criminal cases and play a crucial role in protecting fundamental human rights and achieving social justice

For example, establishing entity in Japan followed by several legal procedures as follows. Going back and forth among each legal professionals might make you confused. It will reduce your burden if the administrative scrivener who supports your status of residence acts as a liaison when you ask for support to other legal professionals.

  • Status of residence > Administrative Scrivener
  • Article of Incorporation > Administrative Scrivener
  • Obtaining permits and license > Administrative Scrivener
  • Commercial Registration > Judicial Scrivener
  • Labour Contract > Labor and Social Security Attorney
  • Work Rules > Labor and Social Security Attorney
  • Social Insurance Procedures > Labor and Social Security Attorney

Commercial and corporation registration for foreign nationals

At least one of the representative directors in the domestic company has an address in Japan?

No, the application for the registration of incorporation of a domestic stock company and the application for the registration of change of representative director of the company will be accepted, even if all of the representative directors do not have addresses in Japan.

What is the method by which incorporators subscribe for all shares issued at incorporation required by the provisions of Article 25(1)(i) of the Companies Act?
  1. A document certifying the amount payed to the banks or other institution that handles the payment 
    If the amount is put by foreign currency deposit on the document, the following 2 items must be mentioned in the document 
    (1) The exchange rate on the payment date (e.g.: At a rate of — yen per dollar on DD MM, YYYY)
    (2) The payment amount in Japanese yen calculated based on the exchange rate on the payment date.
  2. A copy of a deposit passbook of the Payment Handling Institution, or a bill of transaction, or other documents prepared by the Payment Handling Institution
    All of the following must be mentioned in the document (These may be mentioned in multiple pages.).
    (1) Name of the Payment Handling Institution (With the branch office name where the bank account was opened)
    (2) Contribution payment history
    (3) Name of the account holder
Who is an account holder of the deposit passbook?
  1. An incorporator
  2. A director of incorporation
    in the case where the director at incorporation is the account holder of the deposit passbook, a document clarifying that the incorporator has delegated the right to receive the payment to the account holder.
Payment Handling Institutions
Domestic bank main and branch office located in Japan (e.g.: Osaka branch of Tokyo Bank)Yes
Domestic bank branch office located abroad (e.g.: New York branch of Tokyo Bank) *except overseas subsidiaryYes
Foreign bank branch office located in Japan (e.g.: Tokyo branch of New York Bank)Yes
Foreign bank branch office located abroad (e.g.: Boston branch of New York Bank)No
Signature Certificate

in the case of a foreign national A living in country B

Made by competent authorities of the home country in the home country (e.g. : Country A’s administrative organs in Country A)Yes
Made by competent authorities of the home country in Japan (e.g. : Embassy of country A in Japan)Yes
Made by competent authorities of the home country in a third country (e.g.: Embassy of country A in country B)Yes
Made by a notary of the home country in his/her home country (e.g. :Notary in country A)Yes
Attachment

When a document in a foreign language is attached to the application of commercial registration, as a general rule, Japanese translation must be attached additionally.

Sealing
  1. Signing at each seam of two papers (So-called tally signature)
  2. Signing at the blank space on each page
  3. Handwriting initials at the blank space on each page
  4. Signing at dual page parts (Both the front and back covers)

Can we send Content-certified Mail in English?

No, we can use only Hiragana, Katakana, Kanji and numbers. Alphabet is accepted only for proper noun. We have no other choice but writing content-certified mail in Japanese.