Corporate and Business matters 

My service area covers all Japan as recently many proceedings can be taken through video / telephone conference.  Please click here for my profile.

Collection of claims (collection of money)

I have represented foreign clients (based overseas / Japan) in collecting claims in Japan.  One common type of dispute is that the client living overseas had made advance payment to purchase goods from Japan, but the goods are not shipped or there were problems in the goods shipped.  

Typically, I will represent clients and directly negotiate with the other party out of court, and if the negotiation does not go well, take legal proceedings at Japanese court.  In some cases, it is advisable to take interim measures at court first. 

<Case example>

The foreign client based in U.S had made advance payment to a Japanese company to purchase automobile parts, but the Japanese company did not ship the automobile parts.  After some direct negotiation representing the foreign client, the Japanese company agreed to sell the real property it owns to make money and return the advance money.  I attended the closing for the sale of the real property and received the money directly from the purchaser of the real property.

Labor issues

Japanese labor law is applied if the working place is in Japan.  Japanese labor law has rules on minimum standards of working conditions that employers are required to follow, such as statutory working hour and rules on overtime work, annual leave, etc.  Also, Japanese labor law has very strict restrictions on dismissals and layoffs.  The validity of dismissals and layoffs often becomes a dispute in Japanese courts.  

When there is dispute between the employer and an employee, there are some ADR proceedings that you can use as well as court proceedings.  

International Contracts / Contracts in English

I can prepare or review international contracts or contracts in English.  It is possible to use contracts written in English for transactions within Japan if both parties agree to do so.  In many cases, employment contracts between a company established by a foreign party and its employees are written in English, although it have to be in compliance with Japanese labor law.

Starting business in Japan (establishing Kabusiki Kaisha or Godo Kaisha)

If you want to start business in Japan, it is possible to simply conduct business as an individual.  However, in most cases it is advisable to establish a company at some point because it would give you protection of limited liability, some tax advantages (depending on your situation) and generally more trust from the society.

Major types of company used in Japan are Kabusiki Kaisha (KK) (stock share company) and Godo Kaisha (GK).  Kabushiki Kaisha is the traditional type of company and issue shares.  Godo Kaisha was introduced in 2008 modeled on Limited Liability Company in the U.S. and allows more flexible arrangements among its members. 

Liquidation and bankruptcy

If you want to stop business and liquidate your company, you will need to take one of the statutory procedures.  If you can repay all the debts of the company, you will need to go through a proceeding called normal litigation.  Sometimes shareholders of the company (parent company) invest additional funds so that the company can repay all debts and go through normal litigation.

If you cannot repay all the debts of the company, you will need to go through a proceeding called special litigation (only Kabushiki Kaisha can choose this) or apply for bankruptcy.  I can assist you in deciding which proceedings are the best for you and in going through the proceedings you choose.