Main Job Responsibilities:
- Real Estate Registration: Judicial Scriveners handle the transfer of property ownership due to sales, inheritance, or donations. They prepare and submit the necessary documents for real estate registration and can also assist with establishing mortgages.
- Commercial Registration: They help with the incorporation of companies, changes in company executives, and other corporate registration procedures.
- Court-Related Work: Certified judicial scriveners* can prepare legal documents for court proceedings and, in certain cases (such as claims under 1.4 million yen), represent clients in summary courts, arbitration, and mediation.
- Adult Guardianship: They support elderly individuals or those with disabilities in managing their financial assets, acting as legal guardians when necessary.
- Inheritance Procedures: Judicial Scriveners assist with inheritance registrations, confirming heirs, dividing inherited assets, and handling wills.
- Debt Consolidation and Relief: Certified judicial scriveners can represent companies in debt restructuring for debts of up to 1.4 million yen per company.
*A certified judicial scrivener is a judicial scrivener who has passed the judicial scrivener examination, undergoes special training, and passes the certification examination.
Example Cases:
- Preparing and submitting documents for the transfer of a house after a sale.
- Registering a new company and filing changes when new directors are appointed.
- Acting as a legal guardian for an elderly person who can no longer manage their finances.
- Preparing court documents for a small civil dispute regarding unpaid rent.
Summary:
A Judicial Scrivener in Japan is a legal expert who helps people and companies with official paperwork, property and business registrations, and some court matters. Their job, especially the certified judicial scrivener, is similar to a solicitor in the UK, especially for tasks like preparing documents and handling registrations, but they have some limits on what court cases they can handle.
How Judicial Scriveners Help Foreigners with Property Registration:
- Real Estate Ownership Transfer: We handle all legal paperwork required to register property ownership in the buyer’s name. This includes preparing and submitting documents to the Legal Affairs Bureau, ensuring the transfer is officially recognized by the government.
- Multilingual Support: We offer services in English and other languages, helping foreigners understand the process and documentation.
- Legal Explanations: We explain Japanese real estate laws, transaction steps, and ownership rights, making sure foreign clients are informed about every stage.
- Document Preparation and Translation: We can translate contracts, disclosures, and registration documents into the client’s language, ensuring accuracy and clarity.
- Attending Closings: We attend the closing (settlement) to ensure that payment and registration are completed simultaneously and correctly.
- Reporting Requirements: For non-residents, they can assist with required notifications to authorities, such as reporting real estate acquisitions to the Minister of Finance via the Bank of Japan.
How Judicial Scriveners Help Foreigners with Company Registration:
- Company Incorporation: Judicial scriveners guide foreign nationals through the process of establishing a company in Japan, preparing and filing all necessary documents for corporate registration.
- Changes and Updates: They handle registration of changes to company officers, business purposes, or address, ensuring ongoing compliance with Japanese corporate law.
- Specialist Support: For complex cases, such as setting up subsidiaries for multinational corporations or handling asset securitization, judicial scriveners assemble specialist teams to meet client needs.
Example Case:
A multinational company wants to establish a subsidiary in Japan. An English-speaking judicial scrivener partners with the company, provides English-language support, prepares all registration documents, and ensures the subsidiary is legally established and compliant with Japanese law.
Summary Table: Judicial Scrivener Support for Foreigners
| Service Area | Support Provided |
|---|---|
| Property Registration | Ownership transfer, document preparation, translation, legal explanations, reporting to authorities |
| Company Registration | Incorporation, officer changes, corporate updates, legal translation, compliance guidance |
| Debt consolidation(debts of up to 1.4 million yen per company) | Out-of-court debt restructuring, assertion of the statute of limitations etc. |
| Court-Related Work | Court proceedings and, in certain cases (such as claims under 1.4 million yen), represent clients in summary courts, arbitration, and mediation. |
Judicial scriveners are indispensable for foreigners navigating Japan’s complex property and company registration systems.