SHINJI TAKAI JAPAN The role of Notary concerning

SHINJI TAKAI JAPAN The role of Notary concerning foreign investment and ease of Doing Business 1 2021/9/7

REQUEST FOR SIMPLIFY THE ESTABLISHMENT PROCEDURE EASE THE DB ↓↑ LEGAL CERTAINTY 2 2021/9/7

SUCCESSFUL IMPLANTATION １ Safe environment ２ Possible profits ３ regulatory investment 3 2021/9/7

JAPAN : VERY SAFE Clear application of law Good infrastructure High reliability of partner No regulation to acquire real estate Low crime rate 4 2021/9/7

JAPAN: HIGH PROFIT EXPECTATION Huge market , sophisticated customers Wealth of potential business partners, skilled professionals Comfortable business environment 5 2021/9/7

BUSINESS SET UP IN JAPAN Notarization of the articles of incorporation Registration of the company Certificate of Eligibility for Status of Residence Metropolitan Tax National Tax Employment Insurance Labor Insurance Health/Pension Insurance 6 2021/9/7

TOSBEC Tokyo One-Stop Business Establishment Center ↞ National Strategic Special Zone Assembling related administrative organs in one office 7 2021/9/7

ENTREPRENEUR SUPPORT SERVICES To receive a “business management “visa Open office + invest at least JPY 5 M or Employ at least 2 people 【Deregulation】 If TMG confirms business plan, applicant can receive business management status for half a year 8 2021/9/7

NOTARIZATION OF THE ARTICLES OF INCORPORATION Mandatory for K. K. Advices of notary are very useful for drafting most adequate articles of incorporation. In such case, physical presence of before notary is very important for sufficient communication. 9 2021/9/7

REGISTRATION PROCEDURE Drafting of the articles of incorporation • Obtaining the registration certificates and other necessary documentation for the incorporator • Preparation of affidavits regarding the incorporator's profile and affidavits regarding the signatures of the incorporator’s representatives • Notarization of the articles of incorporation by a Japanese notary • Payment of the full amount of capital • Appointment of directors. The directors must investigate the legality of the company’s formation. 2021/9/7 10 • Application to the Legal Affairs Bureau for registration of establishment of the company

NOTARY SYSTEM IN JAPAN 1886 Real Estate Registration Act 1898 Civil Law after France 1907 Notary Act 2021/9/7 11 Insufficient human resource of notary⇔ Historically good circumstance for Land register and Household register system

MAIN WORK OF JAPANESE NOTARY 2021/9/7 12 Notarization of Private Documents including those to produce foreign country. Notarization of the articles of incorporation of KK. Notarial Instrument

THE NUMBER OF MAIN NOTARIES’ ACT OF 2016 2021/9/7 13 All Notarial Instruments 209000 Notarial Will 105000 Notarization of Articles Incorporation of KK etc. 98000 Notarization of private document written in foreign language 134000

RELATION WITH COMMON LAW 2021/9/7 14 After World War Ⅱ Japan has deepened strong relationship with USA in political economical aspects. Although fundamental legal platform is civil law, the structure of company has been changed more simple and flexible.

RANKING BY DB Started from 2003. 2021/9/7 15 In the estimate of start up procedure it tends to attach importance to time and cost and think little of involvement of notary.

IMPROVE THE INDICATOR OF DB o Transparency of information o Geographical coverage (e. g. : existence of a land register) o Dispute resolution means 2021/9/7 16 o Reliability of infrastructure

PROF. SHILLER SUBPRIME SOLUTION 2021/9/7 17 Every mortgage borrower should have the assistance of a professional akin to a civil law notary.

CAN WE SATISFY PROF. SHILLERS’ EXPECTATION Quality of Knowledge and Advice 2021/9/7 18 Impartial from big customer and Protect Disadvantaged

JAPANESE NOTARY Everyone can consult free of charge. Notaries assure the legal certainty based on Impartial attitude and abundant legal knowledge. 2021/9/7 19 We must do our best in our daily work for legal certainty.

2021/9/7 20 Terima kasih banyak untuk perhatian Anda. Berdoa untuk makmur dan kemakmuran. Akhir