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Japan’s Companies Act: A Guide to Accessing Company Information
In a move to promote transparency and ease of access, Japan’s Companies Act has made significant changes to the process of obtaining company information. Under Article 915(1) of the Act, companies are required to notify and register changes to their registered matters with the registry of the location of their head office within two weeks.
Accessing Company Information
Foreign authorities can now access company information through various channels:
- Online Access: The Japanese government has made company information available online, free of charge or for a nominal fee.
- Public Access: Members of the public can access company information in person at designated locations or by registering beforehand.
- Law Enforcement Access: Authorized law enforcement officials can access company information for investigative purposes.
Company Information Available
The following company information is now accessible:
- Company name and entity number
- Type of legal entity
- Date of incorporation
- Current status (active, inactive, etc.)
- Principal address of business
- Principal purpose of business
- Registered capital
- Registered agent information
- Officer/director information, including power of representation
- Shareholder/membership information
- Memorandum and articles of incorporation
- Application/certificate of formation
- Annual/biennial reports
- Shareholder register
- Register of charges
- Bank account information
- Payment records
- Historical documents (past annual filings)
Accessing Information through Foreign Authorities
Foreign authorities can access company information through various channels, including:
- Interviews with relevant individuals
- Records and documents
- Financial institutions: personnel interviews, accounts records/documents
Additionally, foreign authorities can obtain information from:
- Trust and Company Service Providers:
- Interviews with relevant individuals
- Records and documents
- Other designated non-financial businesses and professions:
- Personnel interviews
- Accounts records/documents
Mutual Legal Assistance
Japan has established a legal framework for mutual legal assistance, allowing foreign authorities to request assistance in investigations. The Ministry of Justice provides guidance on the process and offers links to relevant laws and treaties.
Additional Resources
For further information, foreign authorities can access the following resources:
- Mutual Legal Assistance in Criminal Matters: A website provided by the Ministry of Justice offering an overview of Japan’s legal framework for mutual legal assistance.
- Asset Recovery Guides - Japan: A guide provided by the World Bank explaining how foreign jurisdictions can obtain assistance from Japan to recover assets that are the proceeds of crime.
By providing easier access to company information, Japan aims to promote transparency and cooperation in the fight against financial crimes.