Where the person required to affix a seal on a registration application is a foreign national, it is not possible to prepare a seal certificate (inkan shōmeisho) issued by a municipal mayor, as is done for Japanese nationals. This is because many countries do not have a system equivalent to Japan’s “seal registration and seal certification” system at all.
In practice, therefore, a “certificate of signature” (signature certificate) is attached in place of a seal certificate. This is a document by which a competent authority certifies that “this signature was indeed made by the person in question.”
Where this certificate of signature can be obtained differs depending on where the person resides and the system in place in their home country. Below, the explanation is divided into three patterns: (1) obtaining the certificate in the home country, (2) a foreign national residing in Japan who has not registered a seal obtaining the certificate in Japan, and (3) exceptional cases where certification by home-country authorities cannot be obtained.
The following is based on the Civil Affairs Bureau Director’s Circular of the Ministry of Justice dated June 28, 2016 (Minshō No. 100), “Concerning the Handling of Cases Where the Person Required to Affix a Seal on a Registration Application Is a Foreign National and a Certificate Prepared by a Municipal Mayor Cannot Be Attached for That Person’s Seal, etc.” (including subsequent amendments and clarifications by the Circulars of February 10, 2017 (Minshō No. 15) and March 17, 2017 (Minshō No. 41)). Under this circular, “foreign national” means a person who does not hold Japanese nationality.
What Is a Certificate of Signature?
In Japanese practice for commercial and real estate registration, there are situations in which a seal certificate proving that a seal affixed to an application, power of attorney, letter of acceptance of appointment, or similar document belongs to the person in question must be attached.
In the case of foreign nationals, it is deemed sufficient to attach, in place of this seal certificate, “a document certifying that the signature on the seal registration form, etc. is that of the person in question” (i.e., a certificate of signature). The key point is that what is being certified is not the “seal impression” but the “signature.”
(1) Where to Obtain the Certificate When Obtaining It in the Home Country
Where a foreign national is located in their home country, the certificate of signature obtained should be one prepared by the authorities of that home country.
- The home country’s administrative agency (where a system equivalent to seal registration/notarization exists)
- The home country’s diplomatic mission located in Japan (embassy or consulate) — this may be one stationed in Japan or one stationed in a third country
- A notary public located in the home country → notaries in the home country are recognized as part of the home-country authorities
(2) Where a Foreign National Residing in Japan Who Has Not Registered a Seal Obtains a Certificate of Signature in Japan
A foreign national residing in Japan can normally register a seal at a municipal office and obtain a seal certificate in the same way as a Japanese national. However, where the person has not registered a seal, or is in a situation where seal registration is not possible in the first place, it becomes necessary to obtain a certificate of signature while remaining in Japan.
The home country’s embassy or consulate in Japan
A foreign national residing in Japan can, where their home country’s diplomatic mission in Japan (embassy or consulate) provides a certificate-of-signature service, obtain the certificate there. The details of the procedure (required documents, whether an appointment is needed, etc.) vary by embassy/consulate, so advance confirmation is necessary. Generally, foreign embassies in Japan are concentrated in Tokyo, with consulates occasionally located in Osaka, so if a visit is required to obtain the certificate, travel costs should be anticipated.
(3) Exceptional Cases (e.g., Where Certification Cannot Be Obtained from an Embassy/Consulate in Japan)
Even using methods (1) and (2) above, there are cases in which a certificate of signature prepared by home-country authorities cannot be obtained due to circumstances in the home country’s legal system, etc. Section 3 of the circular sets out alternative handling for cases where a certificate prepared by home-country authorities cannot be obtained due to “truly unavoidable circumstances,” such as legal reasons in the foreign national’s home country.
Typical examples of “unavoidable circumstances” (as specified in greater detail by the February 10, 2017 circular)
- Where the home country has no system at all for certifying that a signature belongs to the person in question, and the home-country authorities therefore cannot issue a certificate
- Where, although such a system exists in the home country, it is not possible to obtain the certificate from the home-country authorities located in the country (other than the home country) where the person actually resides
- Where there is no home-country authority (embassy, consulate, etc.) at all in the country (other than the home country) where the person resides (including cases where a mission of a third country holds concurrent jurisdiction)
Furthermore, the March 17, 2017 circular clarified that the following case is likewise to be treated as involving “unavoidable circumstances”:
- Where the home country’s consulate or other competent authority located in Japan does not provide a certificate-of-signature service, so that the certificate cannot be obtained within Japan, or where there is no home-country authority for that foreign national within Japan (in this case, even if it would in fact be possible to obtain certification from home-country authorities in a country other than the home country, this is still to be treated as involving unavoidable circumstances)
Where to Obtain the Certificate and Required Documents in This Case
Where such unavoidable circumstances exist, the following combination may be used in place of a certificate of signature prepared by home-country authorities:
- A certificate of signature prepared by a Japanese notary public certifying that the signature is that of the person in question
- A written statement (a document bearing the signature of the person who is required to affix a seal on the registration application, stating that the home-country authorities were contacted but declined to issue a certificate, or that no home-country authority exists, etc.)
In other words, as a fallback for cases where certification by home-country authorities cannot realistically be obtained, it is permitted to use (a) certification by a Japanese notary public (signature authentication) together with (b) a written statement bearing the person’s signature.
Procedure for Obtaining the Certificate at a Japanese Notary Public Office
Method of obtaining “authentication of a private document” (certificate of signature) at a notary public office in Japan:
- Prepare a draft of the document to be certified as a certificate of signature (a document including name, address, nationality, signature, etc.)
- Make an advance appointment and visit the notary public office, signing the document in the presence of the notary (in-person authentication) *Required documents for notarial authentication (passport, etc.) and the notary’s fee should be confirmed in advance
- The notary prepares an authentication statement certifying that “this signature was made by the person in question”
Summary
| Case | Where to Obtain the Certificate |
|---|---|
| (1) Foreign national residing in the home country | Home-country authorities (the home country’s competent agency, or the home country’s consulate/embassy stationed in the country of residence or a third country) |
| (2) Foreign national residing in Japan who has not registered a seal | The home country’s embassy/consulate in Japan |
| (3) Exceptional cases where certification cannot be obtained from home-country authorities located in Japan (where truly unavoidable circumstances exist) | Certificate of signature by a Japanese notary public + written statement (signed by the person) |
In registration applications involving a foreign national as a party, the required documents and procedural flow differ depending on which case applies, and practical handling (whether an appointment is required, required documents, fees, etc.) also varies by embassy/consulate. As obtaining the certificate often takes time, if the registration schedule is fixed, early preparation and consultation with a specialist is recommended.
