Q: Executing a Provisional Registration (Karitōki) in Japan: From Application Acceptance to Official Recording.

Successfully applying for a provisional registration (karitōki, 仮登記) in Japan is only the first part of the process. Once the application documents are submitted to the competent Legal Affairs Bureau (法務局 - Hōmukyoku), a series of formal steps are undertaken by the registrar to examine, process, and ultimately record (or reject) the requested karitōki. Understanding this execution procedure is crucial for businesses to anticipate timelines and comprehend how their application moves from submission to official entry in the real estate register.

This article outlines the key stages involved in the execution of a provisional registration in Japan, covering the journey from the initial reception of the application by the registry office to the official recording of the karitōki and the subsequent post-completion measures.

Step 1: Application Submission and Initial Reception (申請の受付 - Shinsei no Uketsuke)

The execution process begins the moment a karitōki application is physically or electronically delivered to the correct Legal Affairs Bureau or its branch office having jurisdiction over the property.

• Registrar's Duty to Receive: Upon submission, the registrar is obligated under Article 19 of the Real Estate Registration Act to accept the application information. This initial acceptance is a formal intake step and does not yet signify approval of the registration itself.
• Assignment of Reception Number and Date: Immediately upon receipt, the application is assigned a unique reception number (受付番号 - uketsuke bangō) and the precise date and time of reception are recorded. This is critically important because the chronological order of reception generally determines the priority of registrations (Real Estate Registration Act, Art. 4).
• Logging in the Reception Book (受付帳 - Uketsuke-chō): Key details from the application – such as the purpose of the registration (e.g., "provisional registration of ownership transfer claim"), the reception date and number, and information identifying the property – are logged into an official reception book (or its digital equivalent) (Ordinance for Enforcement of the Real Estate Registration Act (hereinafter "Rules"), Art. 56, para. 1).
• Stamping the Application (for paper submissions): If the application is submitted in paper form, the application document itself is stamped with the reception date and number by the registrar (Rules, Art. 56, para. 2). This provides the applicant with immediate proof of submission and its initial processing.

Even if an application appears to have deficiencies, the registrar is expected to formally receive it and log it before proceeding to examination, rather than returning it unprocessed.

Step 2: Examination by the Registrar (審査 - Shinsa)

Once the application is formally received and logged, the registrar undertakes an examination process.

• Duty to Investigate: The registrar must, without undue delay, investigate all matters related to the application (Rules, Art. 57).
• Nature of Examination – Primarily Formal: The examination conducted by Japanese registrars is predominantly a formal examination (形式的審査 - keishiki-teki shinsa). This means the registrar primarily verifies:
  • Whether the application and attached documents comply with all prescribed legal and procedural formalities (e.g., correct forms used, all required fields completed, necessary seals or electronic signatures present, documents within validity periods).
  • Whether the requested registration is permissible under law (e.g., it concerns a registrable right and a registrable type of legal change).
  • Whether the content of the application is consistent with the existing register records for the property.
  • Whether all mandatorily required documents and information have been provided.
    The registrar generally does not investigate the substantive truth or validity of the underlying transaction itself (e.g., whether a contract was entered into freely, whether consideration was adequate) beyond what is evidenced by the submitted documents. Their role is not that of a judge determining the merits of the underlying private law matter.
• Checking for Grounds for Rejection (却下事由 - Kyakka Jiyū): The core of the examination is to check if any grounds for rejection, as exhaustively listed in Article 25 of the Real Estate Registration Act, are present. These grounds include, among others:
  • The property is outside the registrar's jurisdiction.
  • The application is for a matter that is not legally registrable.
  • The requested registration is already on the register.
  • The applicant lacks the authority to apply.
  • The application form or its method of submission does not comply with statutory requirements.
  • The property description or the right being registered is inconsistent with the existing register.
  • For certain registrations, the details of the registration obligor (e.g., name, address) in the application do not match the register.
  • The content of the application conflicts with the information provided in the "registration cause certificate" (登記原因証明情報 - tōki gen'in shōmei jōhō).
  • Required information or documents (e.g., tōki shikibetsu jōhō, specific consents, registration cause certificate) have not been provided.
  • For applications relying on the prior notice system (where tōki shikibetsu jōhō is missing), the obligor does not affirm the application within the prescribed period.
  • The registration license tax has not been paid.

Step 3: Disposition of the Application (申請の処分 - Shinsei no Shobun)

Following the examination, the registrar will make a formal disposition regarding the application.

• Opportunity for Amendment (補正 - Hosei): If the registrar finds defects in the application that are considered curable (e.g., minor omissions, easily correctable errors in documentation), they may, under the proviso to Article 25 of the Real Estate Registration Act, set a reasonable period for the applicant to amend or supplement the application. If the applicant makes the necessary corrections within this period, the application will not be rejected on those grounds. This reflects a practical approach to avoid outright rejection for minor, fixable issues.
• Withdrawal of Application (申請の取下げ - Shinsei no Torisage): At any point before a final disposition (acceptance or rejection) by the registrar, the applicant has the right to withdraw their application. This might be chosen if the applicant realizes there are significant issues that cannot be easily amended or if circumstances have changed.
• Rejection (却下 - Kyakka): If any of the non-curable grounds for rejection listed in Article 25 are found, or if required amendments are not made within the specified timeframe, the registrar must issue a formal written decision to reject the application. This decision must clearly state the reasons for rejection (Rules, Art. 38). Applicants typically have recourse to appeal such a rejection.
• Acceptance and Execution (受理・実行 - Juri / Jikkō): If the application is found to be fully compliant with all legal and formal requirements and no grounds for rejection exist, the registrar will accept it for execution. This means the karitōki will proceed to be officially recorded.

Step 4: Official Recording of the Provisional Registration (仮登記の記録 - Karitōki no Kiroku)

Once an application for karitōki is accepted, the actual recording in the real estate register takes place.

• Order of Recording: Registrations are made in the chronological order of their reception numbers (Real Estate Registration Act, Art. 20). This ensures that the priority established at the reception stage is maintained in the final record.
• Method and Content of Recording:
  • The karitōki is entered into the appropriate section of the register for the property in question. For ownership-related karitōki (e.g., provisional registration of ownership transfer or a claim thereto), this is Section A (Kō-ku, 甲区). For karitōki concerning rights other than ownership (e.g., mortgages, leases, superficies), it is Section B (Otsu-ku, 乙区).
  • The recorded information for a karitōki typically includes:
    • The reception number and date (受付年月日・受付番号).
    • The purpose of the registration (登記の目的 - tōki no mokuteki), clearly stating it is a "provisional registration" (仮登記) of a specific right or claim (e.g., "Provisional Registration of Ownership Transfer," "Provisional Registration of Claim Preservation for Mortgage Establishment," "Provisional Registration of Leasehold Right with Commencement Time").
    • The cause of registration and its date (登記原因及びその日付 - tōki gen'in oyobi sono hizuke) (e.g., "Sale on Year/Month/Day [for Type 1]," "Sales Option Agreement dated Year/Month/Day [for Type 2]," "Loan Agreement and Mortgage Establishment Agreement (Condition: Borrower's Default) dated Year/Month/Day").
    • The names and addresses of the provisional registration rights holder (karitōki kenrisha) and the registration obligor (karitōki gimusha).
    • For rights other than ownership, specific details of the right being provisionally registered (e.g., for a mortgage karitōki: the secured claim amount, interest rate, debtor, etc.).
  • The "Reserved Space" for Final Registration (Hon-tōki): A crucial aspect of recording a karitōki is that it is done in a way that reserves its priority for a subsequent hon-tōki. Rule 179, Paragraph 1 of the Real Estate Registration Rules (formerly Art. 54 of the Old Act) stipulates that when a registrar makes a karitōki in the rights section of the register, they must, next to it, leave a space (or establish a link in a digital system) where a hon-tōki can be made using the same priority number as the karitōki. Rule 179, Paragraph 2 (formerly Art. 55 of the Old Act) further states that when making a hon-tōki based on a karitōki, the registrar must use the same priority number as that of the karitōki. This formal recording method is what visually and legally underpins the priority preservation effect of Article 106.

Step 5: Post-Completion Measures (登記完了後の措置 - Tōki Kanryōgo no Sochi)

After the karitōki has been successfully recorded in the register, certain administrative actions are taken:

1. Issuance of a Registration Completion Certificate (登記完了証 - Tōki Kanryō-shō):
   • Once the karitōki is officially entered, the Legal Affairs Bureau issues a "Registration Completion Certificate" to the applicant(s) (Rules, Arts. 181, 182).
   • This document serves as formal notification from the registry office that the requested provisional registration has been completed and recorded.
   • It's important to distinguish the tōki kanryō-shō from the "Registration Identification Information" (tōki shikibetsu jōhō). The tōki shikibetsu jōhō is the secure code provided to a new registered rights holder (primarily upon hon-tōki) to be used by them as a registration obligor in future transactions. The tōki kanryō-shō, on the other hand, is a general notification of completion issued to any applicant whose registration (provisional or final) has been effected. For a karitōki, the applicant receives a tōki kanryō-shō. Whether tōki shikibetsu jōhō is issued for the karitōki itself depends on whether the karitōki is seen as creating a disposable "provisional right" for which the holder might later act as an obligor (e.g., transferring the karitōki-protected claim).
2. Notification in Case of Application by Subrogation (代位申請 - Dai-i Shinsei):
   • If the karitōki application was made by a creditor exercising their right of subrogation (e.g., under Article 423 of the Civil Code) on behalf of the actual party entitled to the karitōki, the registrar is required to notify the actual karitōki rights holder (the subrogee) that the registration has been completed (Rules, Art. 183, para. 1, item 2). This ensures the party whose rights are being protected is aware of the successful registration.

Conclusion: A Formal Path to Recorded Provisional Rights

The execution of a provisional registration in Japan is a structured and formal process, moving from the initial acceptance of an application through rigorous examination to official recording in the public real estate register. Each step is governed by specific provisions of the Real Estate Registration Act and its associated rules, designed to ensure the accuracy and integrity of the registration system. For businesses, understanding this procedural journey—from the moment an application is stamped with a reception number to the issuance of the Registration Completion Certificate—is key to appreciating how their provisional claim transitions into a formally recorded, priority-preserved interest, setting the stage for an eventual final registration.