With effect of 24 July 2020, the Ministry of Justice has added 17 countries to the ban list of countries from which the entry to Japan is principally prohibited. The complete ban list in English can be found here: http://www.moj.go.jp/content/001316999.pdf Foreign residents with a permanent...
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During a recent ceremony at a Buddhist temple in Shinjuku, a priest chanted sutras to memorialise the departed. However, he wasn’t eulogising a person, but hanko: corporate and personal seals used to authenticate contracts and a host of other documents. The funeral for the approximately 50 seals was requested by three companies, including Sakura Internet, which said the chops were no longer needed to validate contracts. Funerary rites to express appreciation to inanimate objects are nothing new in Japan. They are regularly held for dolls, and have even been given for needles, pagers, and Aibo robots. But the ritual performed for hanko signals a shift to digital processes in communications, business, and other transactions across a range of industries and professions.OPEN PDF
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The Japanese Ministry of Health, Labor and Welfare (MHLW) has published information on border control measures and quarantine for European nationals entering Japan: https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/kenkou_iryou/covid19_qa_kanrenkigyou_00003.html
COVID-19 now forces domestic and foreign companies to assess if the performance of their ongoing contracts is still possible or cancellation needed, together with the various legal consequences arising therefrom. In this newsflash, we have addressed the following four imminent questions under Japanese law.OPEN PDF
A new coronavirus (temporarily named “2019-nCoV” by the WHO) which was first detected in the Chinese city of Wuhan is now spreading worldwide. The coronavirus has been declared by the WHO as a public health emergency of international concern. Several infections have been reported in Japan and companies now need to address the issue not only from a medical and hygiene perspective, but also in consideration of applicable labor law. We have therefore prepared a short Q&A on some relevant questions you may have in this respect.OPEN PDF
Claim collection in Japan has become an increasingly challenging task in times of a difficult economical environment. Where claims cannot be successfully settled out-of-court, the sole remaining option is often the enforcement by court order against the debtor. This newsletter describes the most common court procedures for claim assertion in Japan to help foreign investors understand how to enforce their rights.OPEN PDF
Overtime is one of the most sensitive topics in Japanese labor relations. Following the suicide of a young female employee of a major Japanese company in December 2015 due to working extensive hours, resulting in the resignation of the representative director of said company, the Japanese public’s perception of the social and legal consequences of overwork have changed and authorities are again on high alert. As a consequence, overtime related investigations by the competent authorities are expected to increase.OPEN PDF
An increasingly competitive and cost oriented business environment often requires employers to review and restructure their human resources. Such process may include anything from the revision of salary schemes and compensation conditions to redundancy proceedings or even dismissals. This newsletter highlights some of the legal aspects to be observed when restructuring employment relations, in particular with regard to the adjustment of salary and working hours and the reduction of the company’s workforce.OPEN PDF
The Japanese Companies Act (JCA) offers several types of corporate governance schemes, which are mainly designed for public “large” corporations (i.e. companies with a paid-in share capital of JPY 500 million or more, or liabilities of JPY 20 billion or more), as such companies are obliged to implement a corporate governance structure prescribed under the law. However, also for private companies.OPEN PDF
Japanese working environments are traditionally characterized by authoritarian management styles with strict hierarchies. This opens the doorway to power games and harassment. This newsletter will explain the most frequent types of harassment and what companies can do to mitigate the risk of harassment cases occurring at their company as well as how to react in the event a harassment claim is made.OPEN PDF
ARQIS advises Liberta Partners on its new investment structure and the first closing of its second fund
ARQIS advised Liberta Partners, a Munich-based multi-family holding company, on its new investment structure and the first closing of its second fund. The capital commitments, totalling more than EUR 50 million, are primarily made by entrepreneurs and wealthy private...