Table of Contents
Corporate Law
Many legal issues can arise in relation to business activities.
This includes a variety of issues related to corporate management, such as business management issues, compliance issues, inter-company transaction issues, consumer-related issues, and personal information/privacy issues.
Companies need to take appropriate legal actions and strategies to address these issues.
Advice on Drafting and Entering into Various Types of Contracts
Many business managers and legal staff may think that “there is no problem because we have a model contract that we have been using for a long time.”
However, just because there are no problems with the contracts that have been used in the past does not mean that legal problems will not arise in the future. In fact, when we look at model contracts that have been used up to now, we often find that they contain contents that do not match the actual transactions, and we often wonder whether it is appropriate to conclude such a contract in the first place.
In addition, due to changes in laws and regulations, it may be necessary to make appropriate amendments to the contract.
At our Firm, we have extensive experience in drafting various types of contracts, including sales contracts, distributorship agreements, lease agreements, contracting agreements, outsourcing agreements, license agreements, non-disclosure agreements, software development agreements, and “terms of use” for various services.
If you are entering into a contract with a new business partner or are concerned about the content of your existing contract, please do not hesitate to contact us.
Drafting Contracts in English and Chinese for Transactions with Overseas Companies
In recent years, not only large companies, but also small and medium-sized enterprises (SMEs) have more and more opportunities to do business with overseas companies.
When doing business with overseas companies, the following points should be thoroughly considered: which country or region’s laws will govern the transaction (governing law clause), where and how disputes will be resolved (arbitration and jurisdiction clauses), what language the contract will be written in, and whether there are any special restrictions under the local laws of the counterparty, among others.
It is not uncommon for a contract to be entered into without these issues being considered, and when a dispute does arise, it can be costly and time-consuming to resolve.
Our Firm provides legal advice not only on Japanese law, but also on overseas law in cooperation with affiliate offices in China, Hong Kong, Taiwan, the United States, and Southeast Asia.
Personal Information and Privacy
In recent years, awareness of personal information and privacy rights has increased, and it has become essential for companies to establish internal systems to protect personal information and privacy in the conduct of their business.
The Act on the Protection of Personal Information comes to mind as a law that companies must comply with, but in practice, compliance with such law by itself is not enough.
It is also necessary to consider privacy in the conduct of business and to comply with various guidelines and self-regulations.
We provide advice on drafting privacy policies and rules to protect the personal information and privacy of customers and employees in the course of business activities.
In addition, personal information and privacy issues are not limited to Japan; it is also necessary to establish a system that takes into account the personal information and privacy laws and regulations of each country and region.
We focus not only on Japan’s personal information protection laws, but also on China’s personal information protection legal systems, and provide personal information protection advice to Japanese companies with subsidiaries in China.
Debt Collection
It is crucial for companies to have a reliable and prompt debt collection process in place.
This is because a company’s cash flow and financial transactions are directly affected by the way in which they collect their receivables.
There are a number of ways to collect debt, including negotiation, exercising security interests, offsetting, assigning claims, pursuing claims against guarantors, filing lawsuits, demanding payment, ADR, provisional seizure/foreclosure, and more.
The best approach depends on the specifics of the transaction and the debtor’s circumstances.
Selecting the appropriate means from among the numerous debt collection methods is not a simple task.
A creditor may have a security interest but fail to execute it on time or miss the window for provisional seizure because the property cannot be found. Furthermore, the extinctive prescription for claims means that if the right is not exercised for a certain period of time, the right will be extinguished and the debt will not be collectible.
To collect a debt, it is essential to understand the creditor’s information and take prompt action. Our Firm will propose the best debt collection methods based on a thorough assessment of the specifics of the contract, the business partner’s situation, and its assets’ status.
Incorporation and Management of Japanese Subsidiaries of Foreign Companies
A foreign company intending to establish a business in Japan needs to first understand the Japanese legal system.
However, the Japanese legal system differs in some respects from foreign legal systems. It is therefore essential to have many years of legal experience and staff fluent in Japanese to understand it. It is therefore extremely challenging for foreign companies to understand and comply with the Japanese legal system.
Our Firm has the solution. In addition to Japanese attorneys who are fluent in foreign languages, we are staffed with U.S. and Chinese attorneys and translation professionals who are fluent in Japanese. Thus, we are equipped to seamlessly provide a one-stop Japanese legal services in foreign languages to foreign companies.
