神奈川県　川崎市　司法書士

Japan has always been one of the leading markets for attracting business from all over the world. But starting a business in a foreign country can be complicated and difficult, especially in a country like Japan where the business culture is very unique. In order to set up a business here it's important to know all the requirements, regulations and procedures before you begin, in order to avoid running into difficulties along the way. Saiwai Legal General Office offers the assistance you need to start a business so that you don't have to worry about these complicated procedures. We are here to take the burden off of you so that you can concentrate on your own business.

Foreign companies can choose from the following three major types of business models in Japan. You can either create a Representative Office, Branch Office or a Subsidiary Company. It is important to consider which type is the most appropriate for your own business. Saiwai Legal General Office can help you determine which one suits your business needs and get you started problem free.

[1]Representative office

Representative office is a business that replicates the presence of an already-established foreign company within Japan; a representative office may collect information, store materials for the parent company, conduct market research, and even advertise; however, it may not trade or sell.

Procedures

A foreign enterprise may establish a representative office in Japan with no registration or notification requirements. However certain businesses do require a notification to the appropriate authorities or government. Please consult Saiwai Legal General Office for more information on this.

[2]Branch Office

A branch office has no legal corporate status, but is authorized to conduct sales and trade on behalf of its parent company overseas. The branch office can begin business operations as soon as an office location is secured, the branch office representative appointed, and the necessary information registered. Since a branch office has no legal corporate status, the foreign company is ultimately responsible for all debts and credits generated by the activities of its Japanese branch office.

Procedures

Procedures include filing notification with the government ministries under the Foreign Exchange and Foreign Trade Law. Branch office also must be registered under the Commercial Registration Law. A representative residing in Japan (branch manager) must be appointed, and place of business is required to be registered with the local registry office of the Legal Affaires Bureau of Ministry of justice. The registered representative is authorized under the Japanese law to perform all commercial acts on behalf of the branch. Saiwai Legal General Office will assist you in registering and preparing the documents needed. Please contact us for more information.

[3]Subsidiary Company

A subsidiary Company has a completely unique identity regardless of whether or not it has a parent company. Full entry into the Japanese market is typically done through a subsidiary.

A subsidiary company can either be a joint-stock corporation ("Kabushiki Kaisha") or a limited-liability company ("Godo kaisha"). Kabushiki kaisha, or KK is the most widely used form of business in Japan. It consists of a large number of shareholders whose liabilities are limited to the capital invested. In general, a Kabushiki Kaisha has greater advantages in the conduct of business than other forms of business. For example, a Kabushiki kaisha enjoys financial and business credibility and better public image. Godo Kaisha ("G.K."), or "joint company" is a type of limited liability company similar to those found in the U.S. and some European countries. It allows greater flexibility and still limits liability. In general the procedures to set up a Godo Kaisha are simplified compared to those of a Kabushiki Kaisha

Procedures

Subsidiary companies must be registered with the Legal Affairs Bureau, Some of the documents needed for the subsidiary establishment procedures must be prepared by the foreign company in their country. These documents include; Articles of Incorporation, establishment certificate and business registration certificate of the foreign company, documents certifying foreign company's profile and the representative along with the authenticity of the signature. Affidavit notarized by a notary public in the home country of the foreign company is usually required as well. Saiwai Legal General Office will be assisting you to prepare these documents and making sure all the registration is carried out smoothly.

Requirements will vary depending on the type of business or from the regulation of the country where the foreign company is registered, please contact us for more details. We will be more than happy to guide you step by step through each procedure so that you fully understand all the requirements needed to set up a business in Japan. We look forward to talking to you soon.