Japanese Attorney at Law - Bengoshi L.L.

Attorney admitted in Japan, NY and CA. Patent Attorney. CIPP/E. CIPP/US. MCIArb. Certified Fraud Examiner.

Q: When a Japanese condominium is constructed on "provisional replotment land" (仮換地) within a land readjustment project, how is the initial display registration (表示登記) managed, particularly concerning site rights (敷地権)?

Urban development in Japan frequently utilizes land readjustment projects (土地区画整理事業 - tochi kukaku seiri jigyō) to reconfigure and improve urban areas. These large-scale projects involve reorganizing numerous land parcels, creating new roads and parks, and ultimately assigning landowners new plots of land (換地 - kanchi) in exchange for their original

Q: What is the legal process for abolishing a "by-law common element" (規約共用部分) designation in a Japanese condominium, and what subsequent title registration steps are required for the affected part?

In Japanese condominium (マンション - manshon) law, certain areas that could otherwise function as independent, exclusive-use units (専有部分 - sen'yū bubun) can be designated as "by-law common elements" (規約共用部分 - kiyaku kyōyō bubun) through provisions in the condominium's bylaws (規約 - kiyaku). These spaces,

Q: What specific information and documents are mandated when applying to register a "by-law common element" (規約共用部分) in a Japanese condominium?

In Japan's framework for condominium (or "manshon"マンション) governance, certain parts of a building that could otherwise function as individually owned exclusive-use units (専有部分 - sen'yū bubun) can be designated as "by-law common elements" (規約共用部分 - kiyaku kyōyō bubun) through the condominium&

Q: How are common elements in a "Danchi" (団地 - housing complex) established and registered under Japanese law, and what are the implications for unit owners?

Japanese urban landscapes often feature "Danchi" (団地), large-scale housing complexes that can consist of multiple condominium buildings, detached houses, or a mix, typically sharing certain land areas and ancillary facilities. The legal framework governing common property within these Danchi complexes has unique aspects, particularly concerning "Danchi common

Q: What is the significance of registering a building part as a "by-law common element" (規約共用部分) in a Japanese condominium, and how does it differ from statutory common elements?

In the intricate world of Japanese condominium law, the designation and registration of various parts of a building hold profound legal and practical implications for unit owners, management associations, and third parties engaging in transactions. A key distinction lies between "statutory common elements" (法定共用部分 - hōtei kyōyō bubun)

Statutory Land Rights in Japan: Co-ownership Complicates Mortgage Foreclosures

Date of Judgment: December 20, 1994 Case Name: Action for Removal of Building and Vacant Possession of Land, etc. Court: Supreme Court of Japan, Third Petty Bench The Japanese legal doctrine of "statutory superficies" (hōtei chijōken), established by Article 388 of the Civil Code, is a vital mechanism

No Easy Revival: Statutory Superficies for Rebuilt Buildings After Joint Mortgage in Japan

Date of Judgment: February 14, 1997 Case Name: Action for Termination of Short-Term Lease, etc. Court: Supreme Court of Japan, Third Petty Bench The Japanese legal concept of "statutory superficies" (hōtei chijōken), provided under Article 388 of the Civil Code, serves a crucial function: it grants a building

Statutory Superficies in Japan: Which Mortgage's Creation Date is Key When Multiple Mortgages Exist?

Date of Judgment: July 6, 2007 Case Name: Action for Removal of Building and Vacant Possession of Land Court: Supreme Court of Japan, Second Petty Bench In Japanese property law, a "statutory superficies" (hōtei chijōken), established by Article 388 of the Civil Code, is a crucial concept designed

Bringing It Back: Mortgagee's Right to Recover Removed Factory Assets in Japan

Date of Judgment: March 12, 1982 Case Name: Claim for Delivery of Goods, etc. Court: Supreme Court of Japan, Second Petty Bench In Japan, the "Factory Mortgage Act" (kōjō teitōhō) provides a specialized legal framework allowing factories to be mortgaged as a single operational unit, encompassing not just

Mortgagee vs. Obstructive Occupier: Japanese Supreme Court on Right to Vacant Possession

Date of Judgment: March 10, 2005 Case Name: Claim for Vacant Possession of Building Court: Supreme Court of Japan, First Petty Bench A mortgage provides a lender with security over a borrower's real property. However, the value of this security can be significantly undermined if the property owner,

Mortgagee's Claim vs. Lessee's Set-Off: A Japanese Supreme Court Balancing Act

Date of Judgment: March 13, 2001 Case Name: Action for Collection of Attached Claim Court: Supreme Court of Japan, Third Petty Bench When a property owner mortgages their income-producing real estate, a key question for the lender (mortgagee) is the extent of their security. Beyond foreclosing on the property itself,

Mortgage vs. Assignment: Japanese Supreme Court on Priority Over Rental Income

Date of Judgment: January 30, 1998 Case Name: Claim for Collection of Attached Claim Court: Supreme Court of Japan, Second Petty Bench When a property is mortgaged, the lender (mortgagee) typically looks to the property's capital value as security. However, if the mortgaged property generates rental income, can

Mortgagee's Reach: Can a Japanese Mortgage Extend to Rental Income from the Property?

Date of Judgment: October 27, 1989 Case Name: Claim for Return of Unjust Enrichment Court: Supreme Court of Japan, Second Petty Bench A mortgage is a cornerstone of secured lending, granting the lender (mortgagee) a security interest in the borrower's (mortgagor's) real property. Typically, this security

Maintaining Financial Transparency: When and How Must a Japanese Social Welfare Corporation Register Changes to its "Total Assets"?

Japanese Social Welfare Corporations (Shakai Fukushi Hojin, or SWFs), by virtue of their public interest mission and often significant reliance on public funds or tax-advantaged donations, are subject to stringent requirements for financial transparency and accountability. One key aspect of this is the legal obligation to publicly register their "

President Reappointment in a Japanese SWF: What's the Registration Process When a President is Re-elected After Term Expiry?

Continuity in leadership can be vital for the stable operation and strategic direction of any organization, including Japanese Social Welfare Corporations (Shakai Fukushi Hojin, or SWFs). When the term of an incumbent President (理事長 - Rijichō) of an SWF expires, often concurrently with the terms of other directors, the SWF

Leadership Change in Your Japanese Social Welfare Corporation: How to Register a New President Due to Resignation, Death, or Dismissal?

Changes in the top leadership of any organization are significant events, and Japanese Social Welfare Corporations (Shakai Fukushi Hojin, or SWFs) are no exception. When a serving President (理事長 - Rijichō) departs due to resignation, death, or dismissal, the SWF must navigate a clearly defined process to appoint a successor

Appointing the First President of a Japanese SWF After the 2017 Reforms: What are the Registration Steps and Key Considerations?

The amendments to Japan's Social Welfare Act (Shakai Fukushi Hō), largely effective from April 1, 2017, brought about significant changes to the governance structures of Social Welfare Corporations (Shakai Fukushi Hojin, or SWFs). For SWFs already in existence prior to these reforms, a critical transition involved the retirement

Relocating Your Japanese Social Welfare Corporation's Main Office: What are the Registration Implications Within and Across Jurisdictions?

The principal office (主たる事務所 - Shitaru Jimusho) of a Japanese Social Welfare Corporation (Shakai Fukushi Hojin, or SWF) is a cornerstone of its legal identity and a key piece of information on the public corporate register. Consequently, when an SWF decides to relocate this main office, it triggers a series

Amending Your Japanese Social Welfare Corporation's Charter: How to Change the Name, Purpose, or Dissolution Clauses?

The Articles of Incorporation (Teikan) are the constitutional backbone of a Japanese Social Welfare Corporation (Shakai Fukushi Hojin, or SWF). While drafted at establishment, the evolving needs of the SWF, changes in its operational environment, or shifts in strategic direction may necessitate amendments to this foundational document. When such amendments

Registering a Japanese Social Welfare Corporation with Secondary Offices (Jūtaru Jimusho): What are the Additional Registration Requirements?

While a Japanese Social Welfare Corporation (Shakai Fukushi Hojin, or SWF) will always have a designated principal office (主たる事務所 - Shitaru Jimusho), its operations may extend to various locations through the establishment of secondary offices (従たる事務所 - Jūtaru Jimusho), often referred to as branch offices or sub-offices. The existence and

What Must Be Registered at the Primary Office (Shutaru Jimusho) When Establishing a Japanese Social Welfare Corporation?

The establishment of a Social Welfare Corporation (Shakai Fukushi Hojin, or SWF) in Japan culminates in its formal registration with the Legal Affairs Bureau (Hōmukyoku). This act not only brings the SWF into legal existence but also creates a public record of its fundamental characteristics. The specific details that must

Beyond the Basics: What are the Relative and Optional Clauses to Consider for a Japanese SWF's Articles of Incorporation?

In our previous discussion on drafting the Articles of Incorporation (Teikan) for a Japanese Social Welfare Corporation (Shakai Fukushi Hojin, or SWF), we focused on the "Absolute-Essential Matters" – those provisions mandated by the Social Welfare Act that are indispensable for the Teikan's validity. However, the Teikan

Drafting Compliant Articles of Incorporation for a Japanese Social Welfare Corporation: What are the Mandatory (Zettai-teki Kisai Jiko) Items?

The Articles of Incorporation, or "Teikan" (定款), serve as the foundational charter for any Social Welfare Corporation (Shakai Fukushi Hojin, or SWF) in Japan. This document is not merely a formality; it is the constitution of the SWF, outlining its core identity, governance structure, and operational framework. The

Establishing a Social Welfare Corporation in Japan: What is the Step-by-Step Process from Articles of Incorporation to Registration?

Establishing a Social Welfare Corporation (Shakai Fukushi Hojin, or SWF) in Japan is a formal, multi-stage process governed by the Social Welfare Act and its related ordinances. It involves meticulous preparation, securing approvals from a supervisory government authority (Shokatsu-cho), and finally, completing a legal registration that brings the entity into

Filing Corporate Registrations in Japan: What are the Methods and Submission Points for Social Welfare Corporations?

Once a Social Welfare Corporation (Shakai Fukushi Hojin, or SWF) in Japan has navigated internal decision-making processes and, where necessary, secured approvals from its supervisory authority (Shokatsu-cho), the next crucial step is the formal registration of these corporate events with the Legal Affairs Bureau (Hōmukyoku). This registration makes the information