月別アーカイブ: 2016年7月

Starting up a business in Japan

starting up

The status of residence is the most important point you should consider if you plan to have a business here because you might be deported despite the huge success of your business if you don’t have a legal documents of staying, you would not get a chance to pursue your business and end up handing it over to another person.

Therefore, getting the status of residence is essential to foreign business operators in order to do business successfully and make the base of living in Japan.

So, when starting up a company, you have to make sure that it abides Immigration Control and Refugee Recognition Act by adopting the business plan in which you take into account getting the status of residence.

When Japanese people start up their business, what they have to do is to establish a company based on corporation law and to abide by the common business practice and laws and ordinances.

But if foreigners want to do so, they have to keep to Immigration Control and Refugee Recognition Act in addition to the rules above.

This is the biggest differences between foreign investors and Japanese people who want to start their business in Japan, and also is the biggest point to make your business successful.

Those who want to start up a business in Japan will therefore face higher hurdles than Japanese people.

 

To be continued.

Solicitor Hitoshi Oishi (司法書士 大石人士・おおいしひとし)

How to make your will in Japan?

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I got a request from foreign residents in Japan.

He wanted to know about will / testament, so today, I will explain about how to make your will over your properties such as real estate or savings in Japan and overseas.

In general, you can leave your will in Japan, too.

(1)

Firstly, to make an effective will, you have to make it in proper procedure.

What do you mean by “proper procedure”?

As long as you make your will in accordance with the laws as follows, your will is regarded as being made under proper procedure.

・Your national law of when making your will

・Law of your domicile of when making your will

Therefore, it would be no problem if your will meet the procedures of the laws of your country or Japanese.

However, with regard to the properties in Japan, it would be better for you to make it in accordance with Japanese law, because there is a possibility of being complicated when you make it in your national law.

That is to say, the persons concerned such as legal affairs bureau or banks might not understand easily when executing your will.

The Japanese civil law stipulates 3 forms of will as follows.;

・Holographic will

・Will by Notarized Document

・Will by Sealed and Notarized Document

In my opinion, I suggest you should take the form of Will by Notarized Document because you can consult with notary on the effectiveness and contents of your will.

Although it takes time and costs, you can say that Will by Notarized Document is the form that there is low possibility of invalidity.

Since you must make this in Japanese, if you are unable to read and write in Japanese, you have to be with your interpreter.

And also, you have to prepare your alien registration certificate and passport.

 

(2)

After taking proper procedure, secondly, you have to confirm the matters as follows;

・The effectiveness of the will ( the matters of testamentary capacity, miscomprehension or cancellation of your intention )

・Effectuation of your will

・The effectiveness of the contents of your will

 

As for these matters, the law stipulates as follows;

1.The effectiveness and effectuation of the will is based on the law of the country where the testator had nationality.

2.Inheritance shall be governed by the national law of the decedent.

 

Therefore, these matters are judged by the national law of the testator.

 

(3)

With regard to the properties that you have overseas, though the Japanese court judged your will as effective, whether your will is approved or not must depend on the law where your properties are located, because the execution will be done in there.

Therefore, by consulting with a local attorney, I think it would be better for you to prepare another will based on the law of that country in addition to the will based on Japanese law with regard to the overseas properties.

 

If you have any questions, please feel free to ask.

Thank you.

Solicitor Hitoshi Oishi (司法書士 大石人士・おおいしひとし)

Countervailing Power of Registration

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Owning a land or building is a very expensive acquisition, and in addition to that, it is a bit complicated because there are various rules you have to obey.

There might be some cases where you get involved in troubles even though you have prepared well in advance.

Please ask Solicitor or Shiho-shoshi lawyer about real estate transactions and procedures, such as asking an architect about the house design or as asking an accountant about the tax.

Solicitor or Shiho-shoshi lawyer is a person qualified to prepare legal documents, handle real-estate transactions, etc.

We can provide you with safe and secure living environment from a legal point of view.

Registration of real estate is a very important legal system, because it can ensure you the safety of transactions.

The legal affairs bureau registers the information we provide about the land’s or building’s owner, land area, floor space, the existence of collateral, and etc.

Then they disclose the register book so that you can get the necessary information when you consider buying real property.

You need to do the procedure of ownership transfer to change the titles of real property owners when you buy, sell or donate it.

In principle, if you don’t get the registration of ownership transfer, you cannot insist on your rights against other people who have already acquired their registration even though you had bought the real property earlier.

This is called Countervailing Power of Registration.

Solicitor or Shiho-shoshi lawyer is an expert on the procedure regarding Real Estate ownership transfer.

Please feel free to ask anything if you have any further questions or problems regarding this procedure.

Thank you.

 

Free consultation is available from here.

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