タグ:Japan

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I would like to explain the regal rules concerning divorce in Japan.

First, in Japan, if a married couple agrees with their divorce and submits the official divorce registration papers to a public office, the divorce is valid. We call this kind of divorce a “mutual agreement divorce”. In this divorce, the reason for divorce is not important. Mere “incompatibility” is acceptable. Actually, we do not even need to write the reason for divorce in the official divorce registration papers.
About 70% of the all divorce cases in Japan are mutual agreement divorces.

If the couple cannot talk with each other about a divorce, the husband or wife who would like to divorce has to file a petition for divorce conciliation to the family court. 
In conciliation, basically two members of a mediation committee intervene between the husband and wife, which lets them talk about divorce smoothly. A conciliation date in the family court is held once a month.
Divorce conciliation is valid only when husband and wife agree to divorce.
Therefore, basically mutual agreement divorce and conciliation divorce are almost the same, except that the place of negotiation is family court and a mediation committee intervenes.

If a conciliation divorce is not valid, the husband or wife who would like to divorce must sue the other party for divorce. If the divorce is permitted in the sentence, the divorce is valid, even if the other party does not give consent to divorce.
However, the court can order divorce only when it recognizes the following items between a couple (Civil act 770Ⅰ).
1) if a spouse has committed an act of unchastity;
2) if abandoned by a spouse in bad faith;
3) if it is not clear whether a spouse is dead or alive not less than three years;
4) if a spouse is suffering from severe mental illness;
5) if there is any other grave cause making it difficult to continue the marriage.
In most cases, plaintiffs insist on 5) “any other grave cause making it difficult to continue the marriage”. Although mere “incompatibility” is not regarded as a “grave cause”, by adding the fact of separation or other items, they can argue it as a grave cause. 

All divorce court cases are not necessarily settled by the judge’s sentences. In the process of the court procedure, they are often settled by judicial settlement. About 30% of all divorce cases are settled by judicial settlement. It is made by the party’s agreement. So it is basically the same of the mutual agreement divorce and conciliation divorce.

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The notification about commercial registration from the government has been published on the MOJ website(http://www.moj.go.jp/MINJI/minji06_00086.html). The notification said that you can establish a company in Japan and apply for registration even if all of the representative directors are non-residents.

In order to establish a company, at least one representative director had to be a resident of Japan and he/she had to have an address in Japan, so you had to first find a partner with a Japanese address and establish your company with them. However, from now on, that will become unnecessary.

This change is followed by making the registration rule stricter and non-residents are required to present certification issued by the authorities when they register their foreign address. However, if the company does something wrong and pulls its office out of Japan afterwards, it might be really difficult to file an action against that company and the representative directors. So, there is criticism to this change.

Nevertheless, this deregulation is necessary for attracting foreign investments. It might be impossible to make a system completely free from risks, so we have to do business with such a company in anticipation of such risks. I have high expectations for this change and I hope this will revitalize the economy in Japan.

Moreover, there is news that MOJ will change the rule of Visa (Ordinance for Enforcement of the Immigration Law) this April. So far, you can apply for the "Investor/Business Manager Visa" under the condition that your company has been established in Japan. Starting April, you will be able to apply for the four month Investor/Business Manager Visa if you can present some documents like "Articles of Incorporation" or "Business Plan" and receive a confirmation of Business Purpose. I have high expectations for this change too.

※Please note that the operation described in this article has been changed.
The latest information is here.



If you are a non-resident and you would like to establish your company in Japan, you have two hurdles to get over.

One is “Application for Visa” and another is “Incorporation Procedure”.

(As for “Incorporation Procedure”, we have already explained in detail on this Blog [Click here for related information ☝]).    

 

When you establish your company, you should become a manager (a representative director) of your company. Then your visa category should be an "Investor/Business Manager Visa". Of course you can come to Japan without the Investor/Business Manager Visa, but you are allowed to stay in Japan only for three months with a short-term visa (tourist visa).

 

You can apply for the "Investor/Business Manager Visa" under the condition that your company has been established in Japan. Therefore, you have to establish your company in Japan prior to your visa application.

 

In order to establish a company in Japan, at least one representative director has to be a resident of Japan and he/she has to have an address in Japan.

If you would like to have a Japanese address, you have to obtain a long-term visa (such as an Investor/Business Manager Visa) in advance.

Therefore, you should find your partner who has a Japanese address and you should establish your company with your partner at first.

 

Next, in order to obtain the "Investor/Business Manager Visa", you have to invest more than six million yen in your company. In addition, your company has to lease an office and it has to be equipped with telephones, faxes, copy machines and computers, which indicates that the business is actually in operation.

Therefore, your company has to make a leasing contract for its office, employ staffs and operate the business actually before you obtain the visa.

 

Finally, you should make and present necessary documents such as a Business plan, C.V. and an Application for change of status of residence.

It will take about three months from an application to an acquisition of your visa.


 

By the way we can help you to incorporate your company and to apply for your visa at a reasonable fee.

It might be possible to help you with only one part of the total procedures which you can specify or of course we can undertake the whole procedure.

Moreover, we can advise or counsel you on the legal matters of your company after incorporation.

Please feel free to inquire about it. 

l_071


Im sure that you are righteous people.
However, even if this so, there is the possibility that you may become violent while intoxicated. Even your own son or daughter is capable of committing a crime.
Therefore, it would be prudent to have a plan in place and to understand the process in case you are ever arrested.

First of all, after the police arrest a suspect, they make a record of a statement and send the suspect to a public prosecutor within 48 hours from the time of arrest. If the police believe that there is no need to detain the suspect any longer, then they will transfer the suspect.

The prosecutor who receives the suspect determines if the suspect needs to be detained. In addition to this, the prosecutor must request to detain the suspect within 24 hours from the time he receives the suspect.
Risk of an escape, risk of the destruction of evidence, or no fixed abode can be the reasons for detainment. According to statistics, 93% of suspects sent to prosecutors are requested to be detained.

If the prosecutor makes a request to a judge to detain the suspect and if the judge grants it, then the suspect will be detained for 10 more days; judges actually grant 99% of these requests. Also, if the prosecutor indicates that he needs more time to investigate the suspect, he can request that the court extends the term of the detainment for an additional 10 days.

To counter this, the suspect can protest this judgment by the court; however, this appeal will be only slightly acknowledged.

Meanwhile, the prosecutor decides whether he will indict the suspect or not.

Therefore, once you are arrested by the police, you should expect to be taken into custody for at a maximum 23 days.

If you think that you will be released on bail after the trial begins, you are greatly mistaken. 

Article 89 of the Criminal Procedure Code clearly states why you can be kept in custody:
The request for bail shall be granted, except when:

(i) The accused has allegedly committed a crime which is punishable by the death penalty, life imprisonment with or without work or a sentence of imprisonment with or without work whose minimum term of imprisonment is one year or more;

 (ii) The accused was previously found guilty of a crime punishable by the death penalty, life imprisonment with or without work or a sentence of imprisonment with or without work whose maximum term of imprisonment was in excess of ten years;

 (iii) The accused allegedly habitually committed a crime punishable by imprisonment with or without work whose maximum term of imprisonment was in excess of three years;

 (iv) There is probable cause to suspect that the accused may conceal or destroy evidence;

 (v) There is probable cause to suspect that the accused may harm or threaten the body or property of the victim or any other person who is deemed to have essential knowledge for the trial of the case or the relatives of such persons;

 (vi) The name or residence of the accused is unknown.

However, you should note that if you deny some of the charges, there is little chance that you will be released on bail.


As stated above, a suspect tends to be placed in continuous custody under the criminal justice system in Japan.
This situation has been criticized as
hostage justice, but this is the reality in Japan.
Therefore, if you are arrested, it is important to acquire advice from a lawyer.
In Japan, there is a system that involves a
duty solicitor and you can call a lawyer free of charge for the first time. So you should apply to this system and request a lawyer as soon as possible when you or your family members are arrested.

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Kinds of companies in Japan

When you conduct business in Japan, you might hear the names of various kinds of companies such as "Kabushiki-Kaisha," "Gomei-Kaisha," "Goushi-Kaisha" or "Goudou-Kaisha".
However, the "Kabushiki-Kaisha" is the most relevant kind of company in Japan.

The number of incorporations in each type of company during 2012 is indicated in the following table:

Total

91,942

Kabushiki-Kaisha

80,862

Gomei-Kaisha

60

Goushi-Kaisha

131

Goudou-Kaisha

10,889


As you can realize from this table, "Kabushiki-Kaisha" demonstrates an overwhelming majority among Japanese companies.

There is also a type of company called “Yūgen-Kaisha” (which means limited company), but it is no longer permitted to incorporate in Japan. Only pre-existing “Yūgen-Kaishas” are allowed to continue their operations under special rules. As a result, these companies will not be covered in this article.

What is the difference between "Kabushiki-Kaisha" and the other companies?

Members of "Kabushiki-Kaisha" are called “Kabunushi” (which means share holders). The "Kabunushi" are not involved in the management of the company, but only have shares representing an equal stake in the capital of the company. As a result, they are not operators but rather owners of the company.
Moreover, they can receive a certain part of the profits made by the company according to the number of shares they have.

On the other hand, "Gomei-Kaisha," "Goushi-Kaisha" and "Goudou-Kaisha" are classified as “Mochibun-Kaisha” (which means membership company similar to partnerships). Members of “Mochibun-Kaisha” do not have shares but "Mochibun" (which means equity interests); they are not only owners, but also operators of the company.

Gomei-Kaisha:
This type is an unlimited liability company so all members are liable for any liability incurred by the business operation. 

Goushi-Kaisha:
This type is similar to a limited partnership. Members are divided into two categories: ①partners who have unlimited liability and ②partners who have limited liability only up to the amount they have invested to the company. 

Goudou-Kaisha:
This type is similar to a limited liability company. All members have limited liability only up to the amount they have invested to the company.

In any case, it's no exaggeration to say that when we say “company” it generally means only the "Kabushiki-Kaisha" currently in Japan.

We can help you to incorporate any type of the company that you would like. 
Please feel free to contact us for any inquiries.  

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