Compliance - Japan Compliance (Page 7)

Japan Compliance

Compliance

A collection of 188 posts

Slide summary: post-2024 enforcement—existing TOB/LSR penalties, no private injunctions, rising fines

Securities Regulation

Enforcement Trends in Japanese M&A: Takeover Bids and Shareholder Disclosures Post-2024 Reform

TL;DR: After Japan’s 2024 FIEA reform, enforcement of takeover-bid (TOB) and large-shareholding (LSR) rules still relies on the pre-existing toolkit—administrative fines, corrective orders, and rare criminal cases—despite louder calls for private injunctions and voting-right suspensions. Early signs show regulators using penalties more aggressively, but true deterrence

Slide summary: Japan 2024 LSR reform—3 % threshold, 3-day filing window, derivative aggregation

Securities Regulation

Japan Tightens Shareholder Transparency: What the 2024 Large Shareholding Report Reforms Mean for Investors

TL;DR: Japan’s 2024 amendment cuts the Large Shareholding Reporting (LSR) threshold from 5 % to 3 %, shortens the filing window to three business days, and expands derivative and joint-holder coverage. Global investors must upgrade monitoring systems and prepare for real-time disclosure. Table of Contents 1. Introduction: Why LSR Reform

Slide summary: 2024 FIEA update—30 % MTO trigger, inclusion of market buys, abolished rapid-purchase rule

Securities Regulation

Mandatory Tender Offers in Japan: Expanded Scope and Implications Under the 2024 FIEA Amendments

TL;DR: The 2024 FIEA amendment extends Japan’s mandatory tender-offer (MTO) trigger to on-exchange purchases that push a buyer over 30 % of voting rights, closing the “market-sweep” loophole. It also abolishes the rapid-purchase rule and tightens disclosure—bringing Japan closer to global norms while retaining its pre-emptive bid model.

Slide overview: Japan 2024 FIEA reforms—30 % TOB trigger, 3 % LSR threshold, expanded derivative disclosure

Securities Regulation

Navigating Japan's 2024 FIEA Reforms: Key Changes to Takeover Bids and Large Shareholding Reports

TL;DR: Japan’s 2024 FIEA amendment closes the “market-sweep” loophole by counting on-exchange purchases toward a new 30 % mandatory-TOB trigger, lowers the Large Shareholding Reporting (LSR) threshold to 3 %, and widens derivative and joint-holder disclosure. Enforcement remains modest, but transparency requirements now align more closely with global standards. Table

Slide summary: Supreme Court 2024 ruling—job-scope limits override transfers, implications for job-type employment in Japan

Labor & Employment Law

Job Scope Limitations ("Job-Type" Employment) and Employee Transfers (Hai-ten) in Japan: Defining Boundaries

TL;DR: Japan’s Supreme Court (Shiga Prefecture Council of Social Welfare, 2024) ruled that any explicit or implicit agreement limiting an employee’s job scope bars employers from ordering transfers outside that scope without consent—regardless of business necessity. The decision cements job-type principles and forces companies to rethink

Slide summary: Supreme Court Hagoromo case—10-year conversion rule, diverse-personnel requirement, compliance tips for fixed-term faculty

Labor & Employment Law

Navigating Fixed-Term Contracts and Permanent Employment Conversion in Japan: Recent Supreme Court Insights

TL;DR: Japan’s Supreme Court (Hagoromo Gakuen, 2024) upheld a university’s use of the 10-year conversion rule for fixed-term faculty, relaxing the interpretation of “positions requiring diverse personnel.” Employers can rely on the longer threshold—but only with documented justification tied to Ninkihō Article 4. Table of Contents

Slide summary: Online Kasuhara—defamation claims, disclosure process, employer duty of care, platform takedowns

Labor & Employment Law

Online Defamation as Customer Harassment in Japan: Protecting Your Business and Employees

TL;DR: Online defamation is the newest frontier of customer harassment (Kasuhara) in Japan. Victims and employers can sue, request takedowns, and seek sender disclosure, but the process is slow, costly, and emotionally taxing. Proactive monitoring, clear policies, and staff support are now core compliance duties. Table of Contents 1.

Tackling Customer Harassment in Japan: Legislative Trends and Corporate Best Practices

Labor & Employment Law

Tackling Customer Harassment in Japan: Legislative Trends and Corporate Best Practices

TL;DR: As customer harassment (Kasuhara) escalates, Japan moves toward national regulation while Tokyo’s 2024 ordinance and MHLW guidelines already demand action. Robust policies, staff training, and support systems are now critical for compliance and risk mitigation. Table of Contents 1. Introduction: Responding to a Growing Concern 2. The

Slide summary: Kasuhara in Japan—definition, employer duty of care, court decisions, and prevention measures

Labor & Employment Law

Understanding 'Customer Harassment' (Kasuhara) in Japan: Legal Risks and Employer Obligations

TL;DR: “Customer harassment” (Kasuhara) is rising in Japan and can trigger employer liability under the Duty of Care. While no nationwide statute yet mandates counter-measures, MHLW guidelines, local ordinances, and court cases make proactive policies, training, and support systems essential for risk management. Table of Contents 1. Introduction: A

Slide overview: Japan’s Owner-Unknown Property Management Orders—petition process, manager powers, business use cases

Resolving Issues with Owner-Unknown Properties in Japan: Utilizing New Management Orders

TL;DR: Japan’s new Owner-Unknown Property Management Orders (Civil Code Arts. 264-2 ff.) let courts appoint managers to oversee, repair—or even sell—land or buildings whose owners cannot be found. Developers, neighbors, and municipalities now have a powerful tool to unlock stalled projects and eliminate blight, but must

Japan's 2021 Civil Code and Real Property Law Reforms: Key Changes Affecting Businesses

Japan's 2021 Civil Code and Real Property Law Reforms: Key Changes Affecting Businesses

TL;DR: Japan’s 2021 reforms modernise co-ownership rules, clarify neighbouring-land rights, and introduce court-appointed managers for owner-unknown property—giving businesses new tools to unlock stalled assets but adding due-diligence duties. Table of Contents 1. Introduction: Modernizing Japan's Foundational Property Laws 2. Reforming Co-ownership (共有 - Kyōyū) Rules:

Slide summarising Japan’s mandatory inheritance registration: three-year deadline, fines, simplified heir report, business implications

Mandatory Inheritance Registration in Japan: What US Companies & Expatriates Need to Know

TL;DR: From 1 April 2024, heirs of Japanese real estate must register ownership within three years or face fines. A simplified “heir-reporting” option buys time, but final registration is still required. US companies and expatriates should prepare cross-border documents early and engage local counsel to avoid penalties and title

Slide summarising Japan’s owner-unknown land reforms: mandatory registration, land reversion, new management systems, business impacts

Navigating Japan's 'Land with Unknown Owners' Crisis: New Laws and Business Implications

TL;DR: Japan’s 2021 land-reform package attacks the “unknown owners” crisis via mandatory inheritance registration, a land-reversion system, relaxed co-ownership rules, and court-appointed managers. Businesses must adapt due-diligence and compliance processes but may gain new tools to unlock stalled projects. Table of Contents 1. Introduction: The Growing Challenge of

Single-slide summary: 2025 amendments—flexible work, broader leave, overtime limits, disclosure duties under Japan’s Childcare & Family Care Leave Act

Labor & Employment Law

Japan’s Family-Care Leave Act: 2025 Amendments & Employer Checklist

TL;DR: Japan’s 2024 amendments to the Childcare and Family Care Leave Act (effective April 2025-26) force employers to offer flexible work options up to preschool age, broaden care leave, expand overtime exemptions, and impose new disclosure and consultation duties. Early policy updates and training are essential. Table of

Slide summary: Taishokukin—legal nature, tax benefits, limits on forfeiture, and employer considerations

Labor & Employment Law

Retirement Allowances (Taishokukin) in Japan: Legal Nature, Tax Implications, and Restrictions on Forfeiture

TL;DR: Taishokukin, Japan’s lump-sum retirement allowance, is a hybrid of deferred wages, merit reward, and livelihood security. Courts strictly limit forfeiture, while generous tax rules reward long-tenure lump sums—yet reform debates question their fit for a mobile labor market. Table of Contents 1. What is Taishokukin? Legal

One-slide summary: Japan’s dismissal rules—membership vs. job-based models, four-factor test, practical exit strategies

Labor & Employment Law

Employee Dismissals in Japan: Membership vs. Job-Based Models and Termination Rules

TL;DR: Japan’s “membership” employment model makes dismissals difficult: employers must satisfy the four-factor abusive-dismissal test. Job-based contracts allow clearer exit routes but still face strict notice or severance rules. Documented performance management is critical. Table of Contents 1. The Doctrine of Abusive Dismissal (LCA Art. 16) 2. “Membership”

One-slide summary: Japan’s non-compete rules—six-factor test, compensation requirement, practical drafting tips

Labor & Employment Law

Post-Employment Non-Competes in Japan: Legal Tests & Drafting Tips

TL;DR: Japanese courts allow post-employment non-competes only when narrowly tailored, backed by real protectable interests, limited in time/area/scope, and—critically—paired with specific compensation. Over-broad or unpaid clauses fail under the Civil Code’s public-policy test. Table of Contents 1. Freedom of Occupation vs. Contractual Restrictions 2.

One-slide overview: Japan’s civil-litigation digitalization—e-filing, e-service, online case records, and business implications

Civil Procedure

Digitalizing Japan’s Civil Litigation: E-Filing, E-Service & Business Impact

TL;DR: Japan’s civil-procedure overhaul mandates e-filing for lawyers, introduces system-based e-service, and gives parties online access to case files. Businesses must upgrade IT workflows, evidence management, and litigation strategy before full rollout by 2026. Table of Contents 1. The Foundation: Mandatory E-Filing for Legal Professionals 2. Transforming Service

One-slide summary: Japan’s fixed-term vs. indefinite wage gap—legal test, Supreme Court rulings, compliance checklist

Labor & Employment Law

Mind the Gap: Navigating Wage Disparity Between Fixed-Term and Indefinite-Term Employees in Japan

TL;DR: Japan’s Part-Time/Fixed-Term Employment Act and key Supreme Court rulings curb unjust wage gaps, but allow differential treatment when objectively reasonable. HR must document duties, responsibility, and career prospects to defend pay structures and avoid litigation. Table of Contents 1. The Legal Framework: Prohibiting Unreasonable Disparities 2.

One-slide summary: Japan’s legal responses to manga/anime spoiler leaks—takedowns, injunctions, ISP blocking, and criminal penalties

Intellectual Property Law

Spoiler Leaks in Japan’s Manga & Anime: Legal Tools to Tackle Unauthorized Content Disclosure

TL;DR: Leaks of unreleased manga chapters and anime episodes can trigger civil and criminal liability in Japan. Rights-holders use rapid takedown notices, URL delisting, and injunctions under the Copyright Act and Unfair Competition Prevention Act, while ISPs face new “mirror site” blocking orders. Table of Contents 1. The Spectrum

One-slide summary: JFTC merger control—thresholds, theories of harm, remedies, monitoring trustees

Competition / Antitrust Law

Antitrust Oversight in Japanese M&A: Understanding Merger Control and the Role of Monitoring Trustees

TL;DR: Japan’s Antimonopoly Act requires pre-merger filings when thresholds are met, and the JFTC rigorously analyses unilateral and coordinated effects. Where concerns arise, structural or behavioural remedies—often overseen by monitoring trustees—enable clearance. Early antitrust assessment and local expertise are critical for deal certainty. Table of Contents

One-slide summary: Japan’s Freelance Protection Act—written terms, 60-day payment, anti-harassment, and compliance checklist

Regulatory Updates

Engaging Japan's Freelance Workforce: The New Freelance Protection Act and Best Practices for Contracting

TL;DR: Japan’s Freelance Protection Act (effective 1 Nov 2024) mandates written terms, 60-day payment, and bans unfair practices toward solo contractors. Businesses must overhaul onboarding, payment tracking, and harassment prevention to stay compliant and competitive. Table of Contents 1. The Freelance Landscape in Japan: Context and Challenges 2.

Japan’s DX-era data-privacy: risk-based APPI, consent rules, AI training, and PETs

Data Privacy in Japan’s DX Era: Balancing Utilization & Protection

TL;DR: Japan is pivoting to a risk-based data-privacy model under the APPI while pushing Digital Transformation (DX) and Society 5.0. Businesses must weigh data-driven innovation against heightened duties on consent, cross-border transfers, and sensitive-data safeguards—and monitor new rules on AI training and personally referable information. Table of

One-slide overview: UGC compliance, niji sosaku guidelines, and moral rights in Japan’s evolving IP landscape

Intellectual Property Law

Navigating Japan's Evolving IP Landscape: Key Considerations for UGC, Derivative Works, and Creator Rights

TL;DR: Japan’s IP landscape is shaped by a massive UGC culture, a tolerant yet legally complex environment for derivative works (niji sosaku), and strong, inalienable moral rights. International businesses must balance promotional use with rights clearance, respect creators’ integrity during adaptations, and monitor new rules on AI training

Slide summarising the 2011 Supreme Court LTCI decision: valid designation prevents clawback of care benefits despite initial flaws.

Administrative Law

Supreme Court Clarifies LTCI Clawback: Valid Provider Designations Survive Initial Flaws (2011)

Japan Supreme Court (2011): Care benefits can’t be clawed back if the provider’s designation stays valid, despite flaws in its initial approval.