Q: How Do I Apply for Provisional Registration (Karitōki) in Japan? A Step-by-Step Guide for Businesses.

Japanese Attorney at Law - Bengoshi L.L.

25 May 2025 • 8 min read

Securing a provisional registration (karitōki, 仮登記) is a critical preliminary step for protecting potential real estate interests in Japan. It preserves the priority of an anticipated final registration (hon-tōki, 本登記), offering a shield against intervening adverse claims. But how does a company practically go about applying for a karitōki? The Japanese Real Estate Registration Act (不動産登記法 - Fudōsan Tōki Hō) outlines several methods, each suited to different circumstances, particularly concerning the cooperativeness of the other party involved (the registration obligor).

This guide provides an overview of the primary application procedures for obtaining a provisional registration in Japan, helping businesses understand the available pathways.

General Principles of Provisional Registration Application

Before diving into specific methods, some general principles apply:

Competent Authority: Applications for karitōki, like those for hon-tōki, are submitted to the Legal Affairs Bureau (法務局 - Hōmukyoku) or its relevant branch office that has jurisdiction over the location of the real property.
Required Information: A complete application requires specific information about the property, the parties involved, the "cause" (原因 - gen'in) of the provisional registration (e.g., a sales agreement, an option contract, specific circumstances leading to a Type 1 karitōki), and the right to be provisionally registered. (The detailed documentary requirements will be covered in a subsequent article).
Accuracy and Formality: The Japanese registration system places a high emphasis on accuracy and adherence to prescribed formalities. Errors or omissions can lead to rejection of the application.
Registration License Tax: A registration license tax (登録免許税 - tōroku menkyo zei) is payable upon application.

There are four main procedural routes to apply for a provisional registration:

Method 1: Joint Application (共同申請 - Kyōdō Shinsei)

Legal Basis: Article 60 of the Real Estate Registration Act establishes the principle of joint application for registrations concerning rights. This is the most fundamental method and applies to karitōki as well.
Who Applies:
- The Person Entitled to Registration (登記権利者 - Tōki Kenrisha): This is the party who will benefit from the karitōki being made (e.g., your company, if it's the prospective buyer or lender).
- The Person Obligated to Register (登記義務者 - Tōki Gimusha): This is the current registered rights holder who is obligated to allow the karitōki to be made against their interest (e.g., the current property owner who has agreed to sell or grant an option).
Process: Both the tōki kenrisha and the tōki gimusha (or their duly appointed representatives, such as a lawyer or judicial scrivener - 司法書士 shihō shoshi) jointly prepare and submit the application documents to the competent Legal Affairs Bureau. This method signifies mutual agreement and cooperation regarding the karitōki.
When It's Used: This is the ideal method when both parties are fully cooperative and willing to proceed with the provisional registration together. It's often the smoothest route if such cooperation is available.
Key Requirements: A clear agreement between the parties forming the basis (cause) of the karitōki, properly executed application forms, and supporting documents evidencing the cause and the identities/authority of the parties.

Method 2: Unilateral Application Based on a Final and Binding Judgment (判決による申請 - Hanketsu ni yoru Shinsei)

Legal Basis: Article 63, Paragraph 1 of the Real Estate Registration Act allows a party to unilaterally apply for a registration if they have obtained a final and binding judgment ordering the other party (the registration obligor) to undertake the registration procedure, or a judgment that itself establishes the right to be registered.
Who Applies: The tōki kenrisha (the party in whose favor the judgment was rendered).
Process: If the tōki gimusha refuses to cooperate in a joint application (either for a karitōki or a hon-tōki for which a karitōki is then sought due to other pending issues), the tōki kenrisha can file a lawsuit to compel performance or to confirm their right. If a favorable, final, and binding judgment is obtained, the tōki kenrisha can then use this judgment as the basis for a unilateral application for the registration. The registry office will accept the judgment in lieu of the obligor's participation.
When It's Used for Karitōki:
- While often associated with compelling a hon-tōki, this method can be relevant for karitōki if:
  - The judgment specifically orders or confirms a right that is eligible for karitōki (e.g., confirming a sales option contract, which can then be provisionally registered as a Type 2 karitōki).
  - The judgment orders a hon-tōki, but due to circumstances qualifying for a Type 1 karitōki (e.g., the obligor, despite the judgment, fails to provide tōki shikibetsu jōhō), the rights holder seeks a karitōki first, based on the strength of the judgment confirming the substantive right.
Key Requirement: An original or certified copy of the final and binding Japanese court judgment (with a certificate of finality).

Legal Basis: Article 107, Paragraph 1 of the Real Estate Registration Act provides a specific, simplified route for karitōki applications. It allows the tōki kenrisha to apply unilaterally if they can provide written consent from the tōki gimusha.
Who Applies: The tōki kenrisha.
Process: The rights holder submits the application along with a formal written document (承諾書 - shōdakusho) in which the registration obligor explicitly consents to the making of the specific provisional registration.
When It's Used: This method is highly practical when the tōki gimusha agrees in principle to the karitōki (recognizing the rights holder's claim or need for security) but may not be available or willing to go through the full process of a joint application (e.g., due to being overseas, busy, or preferring a simpler attestation).
Key Requirements:
- A validly executed written consent form from the tōki gimusha.
- Crucially, this consent form usually must be accompanied by the tōki gimusha's registered seal certificate (印鑑証明書 - inkan shōmei-sho) issued within the preceding three months, to verify the authenticity of the seal used on the consent form. If the tōki gimusha is a company, its corporate registration certificate and the registered corporate seal certificate would be needed.
- Evidence of the cause of the karitōki (e.g., the underlying contract).

This method offers a balance between the formality of a joint application and the contentiousness of seeking a court order.

Method 4: Unilateral Application Based on a Provisional Disposition Order for Provisional Registration (仮登記仮処分命令による申請 - Karitōki Karishobun Meirei ni yoru Shinsei)

Legal Basis: Article 107, Paragraph 1 also allows a unilateral application if there is "a disposition by a court ordering the making of a provisional registration." This refers to a specific type of court order known as a "provisional disposition order for provisional registration" (karitōki karishobun meirei), a mechanism detailed further by procedures related to Article 108 (which pertains to the court procedure for issuing such an order).
Who Applies: The tōki kenrisha (the applicant who obtained the court order).
Process: This is a judicial remedy sought when the tōki gimusha is uncooperative, and there is an urgent need to preserve a claim that might be jeopardized by the obligor's potential actions (e.g., selling the property to someone else, creating further encumbrances).
1. Application to Court: The party seeking the karitōki applies to the competent Japanese district court (usually the one with jurisdiction over the property's location) for a karitōki karishobun meirei.
2. Prima Facie Showing (Somei): The applicant must make a prima facie showing (疎明 - somei) to the court of two things:
  - The existence of the "cause of provisional registration" (仮登記の原因 - karitōki no gen'in), meaning the substantive claim or right they seek to protect (e.g., evidence of a purchase agreement, a loan agreement with a promise of security).
  - The necessity for the provisional registration (e.g., risk of the obligor disposing of the asset, preventing the applicant from perfecting their rights).
3. Court Order: If the court is satisfied with the prima facie showing, it will issue the karitōki karishobun meirei. This is an ex parte order in many cases to ensure speed and prevent the obligor from taking preemptive action.
4. Application to Registry: The applicant then takes this court order (the original, certified copy) to the Legal Affairs Bureau and unilaterally applies for the karitōki. The registry office will act based on the court's directive.
When It's Used: This is a powerful tool for the rights holder when facing an uncooperative or potentially hostile obligor, or when there is a pressing need to secure a claim quickly. It bypasses the need for the obligor's consent or participation in the registration application itself. The provided legal texts include sample court application forms for such orders, underscoring its practical utility in contentious situations.
Key Requirement: The original, certified provisional disposition order from the court.

General Procedural Outline for Businesses

While the specifics vary by method, a general "step-by-step" thought process for a business seeking a karitōki might look like this:

Identify the Need and Legal Basis: Clearly define why a karitōki is needed (e.g., to secure an option, bridge a procedural gap for an existing right) and what type of karitōki (Type 1, Type 2, conditional right) is appropriate for the specific transaction and underlying right.
Assess Counterparty Cooperation and Urgency: This will largely determine the most viable application method (joint, consent-based unilateral, or court-ordered unilateral).
Gather All Necessary Information and Documentation: This is a critical phase. Requirements include:
- Precise details of the property (as per the register).
- Full legal names and addresses of all parties.
- Clear evidence of the "cause" of the provisional registration (e.g., the sales contract, option agreement, loan agreement, evidence of substantive transfer for Type 1).
- Specific documents for the chosen application method (e.g., obligor's consent form and seal certificate, court judgment, or provisional disposition order).
- Power of attorney if using legal representatives.
Prepare the Application Form(s): Application forms have specific content requirements. While templates are available, they must be meticulously completed.
Submit to the Competent Legal Affairs Bureau: File the application package with the Legal Affairs Bureau (or its branch) that has jurisdiction over the property.
Pay the Registration License Tax: This tax must be paid at the time of application. The amount varies based on the nature of the karitōki and the property value or claim amount.
Follow Up and Receive Confirmation: After processing, if the application is accepted, the karitōki will be recorded. The applicant will typically receive a Registration Completion Certificate (登記完了証 - tōki kanryō-shō).

The Indispensable Role of Legal Professionals

While this guide outlines the main procedural routes, the Japanese real estate registration system is complex and highly formalistic. For businesses, especially those unfamiliar with Japanese legal practices and language:

Engaging a Japanese lawyer (弁護士 - bengoshi) is crucial for advice on the substantive rights, the merits of seeking a karitōki, and for representing the company in any necessary court proceedings (like obtaining a karitōki karishobun meirei).
Engaging a judicial scrivener (司法書士 - shihō shoshi) is standard practice for preparing and filing registration applications. Judicial scriveners are specialists in Japanese registration procedures and ensure applications meet all formal requirements.

Attempting to navigate this process without local professional expertise can lead to errors, delays, or even the failure to secure the intended protection.

Conclusion: Choosing the Right Path to Secure Your Karitōki

Applying for a provisional registration in Japan involves selecting the appropriate procedural path based on the specifics of the transaction, particularly the level of cooperation from the registration obligor and the urgency of the situation. Whether through a cooperative joint application, a unilateral application backed by the obligor's consent or a court judgment, or the expedited route of a provisional disposition order, each method offers a way to place a karitōki on the register. For businesses, understanding these options, and engaging the right legal professionals, is key to successfully utilizing karitōki as an effective preliminary step in protecting their valuable real estate interests in Japan.