Ohara & Furukawa

February 23, 2016

Is it difficult to fire people in Japan?

Japanese labor law is very protective of employees’ rights. While it isn’t impossible to fire an employee on a contract without a fixed term (a lifetime employee), it is very difficult.
February 23, 2016

Non-Compete Clauses in Japan

The Japanese Constitution protects the freedom of choice of employment. Therefore, within limits, people should be able to work for whatever company they want. However, Non-compete clauses in Japan are very common in contracts.
February 23, 2016

What are the options for establishing a partnership in Japan?

A Gomei Kaisha is the Japanese equivalent of a general partnership. The partners represent the company and therefore any transfers of equity are subject to unanimous approval by all partners. Unlike general partnerships in other countries, Gomei Kaisha are incorporated, rather than contracted into. Hence, “pass‐through taxation” is unavailable, and partners cannot escape double taxation via profits and dividends.
February 23, 2016

What is a Certificate on Registered Company Information?

Any company that has registered in Japan may obtain a Certificate on Registered Company Information from the Legal Affairs Bureau. The document officially certifies the company’s registration as a real company in Japan. It includes information about the company such as the company name, location, business purpose, directors and date of establishment among other things. This Certificate is normally required whenever there is a need to prove the authenticity of the corporation. Common situations that require the presenting of the Certificate include opening a bank account, filing notifications with administrative authorities, purchasing assets for which name registration is required (real […]