FAQ Archives - Page 52 of 94 - Ohara & Furukawa

September 12, 2016

When does bankruptcy start?

For individuals, bankruptcy starts when the person is unable to pay a debt and the time for payment has lapsed. For corporations the standard is a little different. Corporations may file for bankruptcy when they are unable to pay, similar to a normal person, or when they are in a state of “balance sheet insolvency.” Balance sheet insolvency is when the corporation is unable to make payments even by selling its assets.

September 8, 2016

What happens after an arrest in Japan?

Japanese law allows the police to detain a suspect after arrest for up to 48 hours. During this period, the police must inform the suspect of the crime he or she is suspected of having committed, of the right to remain silent and the right to a lawyer (provided for free if the suspect does not have the money). In the case of foreign suspects, the police should also ask if the suspect would like his or her consulate informed of the arrest. Before the 48 hours expire, the police also must choose whether to refer the suspect and supporting evidence […]

September 6, 2016

How are legal costs split during an arbitration?

Normally each party will bear their own legal costs during an arbitration. This creates a fair standard where each party has a firm grasp of the eventual legal fees. However, for parties who want to employ a different type of fee arraignment, it is possible to draft the arbitration agreement to fit their needs.

September 2, 2016

What happens if a spouse won’t support his or her spouse’s visa renewal?

Certain visas to legally stay in Japan are based upon being married to a resident of Japan. This can include foreign nationals who are married to Japanese citizens and receive a spouse visa, or for foreign national couples where one spouse who has legal status in Japan is supporting the other through a family based visa. As these visas depend on the marital status of the couple, it is often critical for the spouses to work together to obtain a renewal of these visas. However, if the sponsoring spouse decides to withhold his or her cooperation in renewing a visa, there […]