Main practice area
We provide legal services for disputes such as the preparation and review of real estate transaction contracts and eviction . In addition, with regard to the real estate sales business of domestic enterprises targeting overseas customers, which has surged in recent years, and the real estate investment projects of overseas enterprises in Japan, our lawyers will also, based on their professional knowledge and rich experience, provide legal services in a variety of languages (Japanese, English, Chinese) according to the needs of customers.
We provide comprehensive legal services for foreign enterprises' investment in Japan. The main forms of foreign enterprises' investment in Japan include the establishment of subsidiaries, joint ventures, mergers and acquisitions, etc. The applicable laws and regulations vary according to the form of investment. For example, when an enterprise acquisition reaches the reporting benchmark of enterprise merger in the anti-monopoly law, the enterprise needs to carry out antitrust law correspondence such as filing with the Fair Trade Commission. According to different cases, consideration in various industry laws and foreign exchange management laws is also necessary. In addition, before investment, we must conduct DD (due diligence) on the target company from the perspectives of whether the equity and assets of the enterprise as the investment object have defects in rights, whether the enterprise operation has legal risks, and whether there are legal obstacles to the implementation of the acquisition. The lawyers of our firm have rich experience in foreign enterprises' investment in Japan (joint venture negotiation, company establishment, due diligence, management of Japanese juridical persons, retreat, reorganization, etc.), and can provide the most appropriate legal services required for investment in Japan in multiple languages (Japanese, English, Chinese) according to customers' needs, such as assisting in determining the policy of investment in Japan, DD (due diligence), contract negotiation and production, As well as the inquiry and negotiation with the regulatory authorities and the preparation of various declaration documents.
With the specialization and complexity of business activities and trade patterns of enterprises at home and abroad, disputes between enterprises and customers also show the characteristics of complexity and professionalism. In order to resolve such disputes properly, it is needless to say that legal knowledge, dispute resolution skills are also essential. In addition, in the past, when negotiations outside litigation broke down, disputes were generally resolved through the court's civil procedure, but recently, the number of cases using ADR (alternative dispute resolution) such as arbitration and mediation has also increased. We focus on providing legal advice from the beginning of the negotiation stage to civil litigation, arbitration, mediation and other ADR (alternative dispute resolution). At the same time, we provide multilingual (Japanese, English, Chinese) legal services for the following cross-disciplinary disputes based on rich experience, professional knowledge and technology according to the needs of clients. For example, ordinary civil and commercial disputes such as company law and M&A-related litigation, other various contract-related litigation, cross-border disputes such as domestic litigation around international trade, commercial arbitration, ADR (alternative dispute resolution), and other extrajudicial disputes, intellectual property disputes related to patents, trademarks, copyrights, harassment, dismissal, and other labor disputes.
For the smooth operation of the enterprise, the proper management of personnel and labor services can be said to be an inevitable important factor. In recent years, legal issues related to personnel and labor services have become more complex than ever with the rapid changes of labor related laws and regulations, the increasing necessity of workplace health management, and the diversification of employment patterns. The response to personnel and labor problems requires more professional knowledge and experience, as well as more practical solutions in accordance with the law. The firm provides legal services for the construction of the relationship between enterprises and workers that cannot be avoided when conducting business activities (production and application of employment rules ·labor contracts), personal information protection, personnel changes, mental health problems, sexual harassment and power harassment problems, and all other labor disputes. In addition, it also provides support for entry and exit related issues such as the identification, renewal and change of the status of residence.
Based on the professional knowledge and know-how supported by rich experience, our firm provides comprehensive legal support and assistance for building compliance systems in various industries, enterprise action guides, preparing compliance procedures and enterprise oriented compliance textbooks, setting up whistle-blowing hotlines, conducting internal compliance training for enterprise managers and employees, and establishing compliance management that permeates the entire enterprise structure.
The firm assists clients in analyzing various legal issues they face in carrying out business activities, and provides legal advice according to their current situation and needs. Based on their professional knowledge and rich experience, the lawyers of the firm not only provide timely and appropriate legal advice when clients are involved in disputes (clinical legal affairs: litigation, arbitration, mediation, and other ADRs, etc.), but also provide preventive legal advice (preventive legal affairs: Formulate various regulations, compliance, formulate various contracts, content review, etc.), and further, provide legal advice to assist clients in making business decisions (strategic legal affairs). In addition, according to the needs of clients, lawyers with rich experience in international cases to provide multi-language (Japanese, English, Chinese) services, at the same time, according to the needs of the firm to cooperate with the relevant specialized field experts, committed to providing multiple solutions.
We provide M&A and restructuring legal services for all industries and business types regardless of the size and country of the company. The lawyers of the firm have rich experience in cross-border mergers and acquisitions such as overseas investment by domestic enterprises or investment by overseas enterprises in Japan. The firm determines the M&A and DD (Due diligence) policies based on the needs of clients, and determines the M&A policies based on the cooperation with law firms, tax firms and accounting firms outside the firm. DD (Due diligence), contract negotiation and preparation, and providing a variety of legal services related to M&A, such as inquiries, negotiations, and preparation of various declaration documents.
We work with Chinese lawyers who have specialized knowledge and expertise in Chinese laws and regulations to provide investigation services of Chinese laws and regulations which are frequently formulated and amended. In addition, we provide translation services of Chinese laws, regulations, contracts and other legal documents (Japanese, Chinese, English), and are reviewed by Chinese and Japanese lawyers proficient in Chinese legal affairs to ensure their high quality.
In the process of trade with Chinese enterprises, it is not uncommon to recover creditor's rights from Chinese enterprises. The specific methods of creditor's rights recovery include sending reminders, payment negotiation, civil litigation, arbitration, mediation outside litigation, etc., but it needs to be determined by comprehensively considering the creditor's rights recovery stage, the creditor's asset status, local practice, etc. The F irm has rich experience in recovering claims in China, cooperates with professional Chinese lawyers in various regions, and provides legal services most suitable for recovering claims according to customers' needs.
When disputes arise in the course of trade with Chinese enterprises and cannot be resolved through negotiation, disputes in China have to be resolved through civil litigation and arbitration. In order to properly resolve such disputes, it is needless to say that the understanding of China's judicial system and dispute resolution skills are also essential. Our firm has rich experience in international arbitration, litigation and ADR, and cooperates with professional Chinese lawyers from all over the country to provide the best legal services for clients to resolve disputes.
In the trade between Japan and China, it is important to make trade related documents corresponding to the characteristics of various contracts based on understanding the legal systems, business habits and cultural differences of various countries and from the perspective of preventing disputes after signing contracts. It is also necessary to conduct negotiations on the basis of fully understanding the other party's national conditions and habits . Our firm has rich experience in the trade between China and Japan. When necessary, we cooperate with professional Chinese lawyers. According to the needs of customers, we use multi-languages (Japanese, Chinese, English) to provide the best legal services for the trade between China and Japan, from contract making, legal review, to contract negotiation suggestions.
China started the "anti-corruption campaign" in 2012, and many Communist Party members and government officials were arrested for corruption. Influenced by this anti-corruption campaign, the ban on commercial bribery of foreign-funded enterprises, including Japan, has become severe. In addition, since the implementation of the anti-monopoly law in 2008, the disclosure of enterprise alliances and abuse of market dominance has become active. In Japanese-funded enterprises, due to the improper behavior and improper accounting of the managers and employees of Chinese local corporations, the Japanese head office has also been involved in business crises from time to time . Therefore, for Japanese enterprises with subsidiaries and affiliated companies in China, in order to avoid risks, they need to build and strengthen their internal compliance systems, formulate procedures to prevent bribery, and implement internal control systems and risk management systems such as internal seminars . Our firm has rich experience in building the compliance system of local enterprises in China. Through timely cooperation with professional Chinese lawyers in various regions and fields, we provide the best legal services for Japanese enterprises developing in China.
The withdrawal of local corporations in China has the following options: ①dissolution and liquidation, ②equity transfer, ③downsizing, ④bankruptcy, etc. When discussing the dissolution and withdrawal of Chinese local corporations, it is necessary to carefully investigate and verify the current situation around the Chinese local corporations as the objects of withdrawal, and select the most appropriate withdrawal method after clarifying the purpose achieved through withdrawal. In the dissolution and liquidation procedures of Chinese local corporations, special attention should be paid to the negotiation with Chinese partners, the handling of labor relations with employees, the negotiation with authorities (government agencies), and the guarantee of liquidation funds. In addition, it is not uncommon for the tax and labor problems accumulated in the operation of local corporations to suddenly emerge. Especially in recent years, due to the stronger awareness of workers' rights, in the case of liquidation of local legal corporations, the handling of labor relations with workers has become a big problem . In terms of dissolution and withdrawal, we need to make full preparations in advance to minimize disputes with employees. In addition, if we plan to end the labor contracts with a large number of employees, we need to consult the local labor administration department for layoff, adjustment and cooperation in advance. We have rich experience in the disbandment and withdrawal of Chinese local corporations. By cooperating with professional Chinese lawyers in various regions and fields, we provide comprehensive legal support for withdrawal business from the formulation of dissolution and withdrawal plans to negotiations with specific Chinese partners and employees, as well as negotiations with authorities.
When Japanese enterprises invest in China, there are some unexpected legal risks related to investment, such as defects in rights and restrictions on rights from authorities. In order to avoid such investment risks, it is indispensable to understand China's national and local laws and regulations, corresponding authorities, business practices, and other practices. When Japanese enterprises invest in China, the main forms are: ①establishment of foreign-invested enterprises, ②equity transfer, ③capital increase, ④transfer of assets, ⑤merger and split of companies. The applicable laws and regulations vary greatly according to the types of enterprises and forms of investment. If the enterprise acquisition meets the reporting standard of enterprise merger in China's anti-monopoly law, it is required to report to the Ministry of Commerce for the corresponding anti-monopoly law. In addition, before investment, we must conduct DD (due diligence) on the target company from the perspectives of whether the equity and assets of the enterprise as the investment object have defects in rights, whether the enterprise operation has legal risks, and whether there are legal obstacles to the implementation of the acquisition. Therefore, in investing in China, due to the complexity and diversity of relevant laws and regulations, many factors need to be considered, so it is necessary to formulate the best investment plan based on the actual situation of enterprises and the ease of investment and other factors, and avoid legal risks through prior investigation. We have rich experience of Japanese enterprises investing in China, cooperate with professional Chinese lawyers in various regions and fields, determine the investment policy in China, DD (due diligence), contract negotiation and production according to the needs of customers, and provide various filing documents for the inquiry and negotiation of the supervision and management department , so as to provide the best legal services required for investment in China.
Chinese Legal Affairs
China, which ranks second in the world in terms of GDP, will maintain a high level of economic development with a real GDP growth rate of+8.1% in 2021. China has a huge consumer market with a population of more than 1.4 billion. With the improvement of the national living standard and living environment, the number of people called the "middle class" has increased dramatically, making China complete the transformation from "the world factory" to "the world market". With the development of globalization, Japan and China are closer to each other. It can be said that Japan and China are already inseparable in business. On the other hand, even under such circumstances, China still strictly promotes the legalization of economic activities and frequently makes and amends important laws and regulations. Legal matters that need to be considered when conducting business in China are more diversified and complex, and require more professional knowledge and experience. The representative lawyer of our firm, who has long working experience in China, can provide the best legal services for customers conducting business activities in China based on the rich experience and through cooperation with professional Chinese lawyers in various fields.