I’m increasingly handling registrations for individuals of foreign nationality. A constant challenge in these cases is obtaining the necessary documents to verify their identity. For real estate and commercial registration applications, a resident registration certificate and seal certificate are required for identity and intent verification. However, foreign nationals without Japanese residency registration cannot obtain these documents. Therefore, an “Affidavit” is used as a substitute.
An Affidavit is an official document created after the individual swears that the contents are true. It is recognized by the Legal Affairs Bureau as a substitute for a Japanese seal certificate.
In Japanese registration application procedures, a “Statutory Declaration” can be used instead of an Affidavit.
Where to obtain an Affidavit
An Affidavit is created at a Notary Public in the country or region of residence. In Japan, it may also be possible to obtain one at a foreign embassy or consulate in Japan. In Japanese Legal Affairs Bureau registration applications, obtaining an apostille in the country of residence is rarely required; I have not yet experienced this. Even if an apostille is attached to the Affidavit, there is no problem from a registration application perspective.
Main items to be clearly stated in the Affidavit
- Name (full spelling including Roman letters and Chinese characters)
- Date of birth
- Nationality
- Current address
- Information that can identify the person, such as passport number
- Signature used for registration application A statement to the effect of “I swear that the above information is true.”
- Date and place of oath
- In addition to the above, you may also specify “the purpose of this affidavit” and “the address of the property to be purchased.”
For inheritance registration, the following items must also be added in addition to the above:
- Name, date of birth, date of death, and last address of the deceased (deceased person)
- Relationship between the deceased and the oath-giver (heir)
- Deceased’s marital history (marriage, divorce, remarriage and the dates)
- Presence or absence of children (including acknowledged children and adopted children)
- A statement to the effect of “There are no other heirs besides the heirs listed.”
- The name listed in the real estate registration is the same person as the deceased.
Is an Apostille necessary?
An apostille is not required for an Affidavit used for registration applications to be submitted to the Japanese Legal Affairs Bureau. However, a document with an apostille is also acceptable.
*An apostille is defined by the “Convention Abolishing the Requiring of Authentication of Foreign Public Documents” (Hague Convention, concluded in 1961). The word “apostille” is French for “certificate,” and it refers to a “national seal of approval (international certification)” that a country grants when submitting a document to an institution overseas (a signatory to the Hague Convention).
