--Law No. 4, Feburuary 22, 1951--
(Tentative Translation)
Gyoseishoshi Lawyer Konno Yasushi Office 2006
Translated by Yasushi Konno
| Chapter 1 | General Provisions | (Article 1 -- Article 2-2) |
| Chapter 2 | Gyoseishoshi Lawyer Examination | (Article 3 -- Article 5) |
| Chapter 3 | Registration | (Article 6 -- Article 7-3) |
| Chapter 4 | Duties of Gyoseishoshi Lawyer | (Article 8 -- Article 13-2) |
| Chapter 5 | Administrative Profession Corporation | (Article 13-3 -- Article 13-21) |
| Chapter 6 | Supervision | (Article 13-22 -- Article 14-5) |
| Chapter 7 | Gyoseishoshi Lawyers' Association, and Japan Federation of Gyoseishoshi Lawyers' Associations |
(Article 15 -- Article 18-6) |
| Chapter 8 | Miscellaneous Provisions | (Article 19 -- Article 20) |
| Chapter 9 | Penal Provisions | (Article 20-2 -- Article 26) |
Amendments:
| Law No. | 58 | Jun. | 14, | 1985 | |
| Law No. | 109 | Dec. | 26, | 1986 | |
| Law No. | 25 | Apr. | 2, | 1991 | |
| Law No. | 89 | Nov. | 12, | 1993 | |
| Law No. | 84 | Jun. | 18, | 1997 | |
| Law No. | 87 | Jul. | 16, | 1999 | |
| Law No. | 104 | Jul. | 16, | 1999 | |
| Law No. | 151 | Dec. | 8, | 1999 | |
| Law No. | 160 | Dec. | 22, | 1999 | |
| Law No. | 77 | Jun. | 29, | 2001 | |
| Law No. | 98 | Jul. | 31, | 2002 | |
| Law No. | 152 | Dec. | 13, | 2002 | |
| Law No. | 119 | Jul. | 16, | 2003 | |
| Law No. | 131 | Jul. | 30, | 2003 | |
| Law No. | 76 | Jun. | 2, | 2004 | |
| Law No. | 87 | Jun. | 9, | 2004 | |
| Law No. | 124 | Jun. | 18, | 2004 | |
| Law No. | 150 | Dec. | 1, | 2004 | |
| Law No. | 87 | Jul. | 26, | 2005 | |
| Law No. | 102 | Oct. | 21, | 2005 | |
| Law No. | 50 | Jun. | 2, | 2006 | |
| Law No. | 53 | Jun. | 7, | 2006 | |
| Law No. | 96 | Jun. | 27, | 2007 | |
| Law No. | 3 | Jan. | 17, | 2008 |
Chapter 1 General Provisions
(Purpose)
Article 1. This Law aims to contribute to the smooth enforcement of administrative
procedures, as well as to the convenience of the people by setting up the
gyoseishoshi lawyer system and making sure the business is properly conducted.
(Business)
Article 1-2. The business of a gyoseishoshi lawyer is to prepare documents
to be submitted to government or public offices (including electromagnetic records (i.e., records made by the
electronic method, magnetic method and other methods not recognizable by
the human senses, and used for information processing by the electronic
computer) when preparing such records in place of the documents) and other
documents on rights and duties or on the proof of facts (including drawings
etc. based on on-site survey) upon receiving requests and fees from his/her
clientele.
2. A gyoseishoshi lawyer may not handle such business affairs as are restricted
by other laws, even though the business affairs are the preparation of
documents mentioned in Paragraph 1.
Article 1-3. A gyoseishoshi lawyer may handle the following affairs as
his/her business besides those specified in the preceding Article upon
receiving requests and fees from his/her clientele. Provided that, this
shall not apply to such business affairs as are restricted by other laws.
1 Acting as a representative with respect to the acts to be performed toward
government or public offices (excluding those acts coming under such legal
business as specified in Article 72 of the Practicing Attorney Law (Law
No. 205 of 1949)) in procedures to submit to such offices those documents
which a gyoseishoshi lawyer may prepare as specified in the preceding Article,
and in procedures for hearings or for grants of opportunity for explanation
concerning the permission, etc. related to the documents to be submitted
to such offices (meaning such permission, etc. as specified in Article
2 Item 3 of the Administrative Procedure Law (Law No. 88 of 1993) and the
acceptance of such documents) and in other procedures for statement of
opinions.
2 Executing contracts and other documents as a representative which
a gyoseishoshi lawyer may prepare as specified in the preceding Article.
3 Complying with requests for consultation concerning the preparation
of such documents as can be executed by a gyoseishoshi lawyer as specified
in the preceding Article.
Article 1-4. The provisions of the preceding two Articles shall not preclude
a gyoseishoshi lawyer from engaging in the business which is provided for
in the two Articles as an employee of another gyoseishoshi lawyer or of
an administrative profession corporation (this refers to the administrative
profession corporation as it is specified in Article 13-3: the same applies
to Article 8 Paragraph 1).
(Qualification)
Article 2. A person who falls into one of the following categories is
qualified to become a gyoseishoshi lawyer:
1 A person who has passed the gyoseishoshi lawyer examination;
2 A person who is qualified to become an attorney;
3 A person who is qualified to become a patent attorney;
4 A person who is qualified to become a certified public accountant;
5 A person who is qualified to become a certified tax accountant;
6 A person who has been in charge of administrative work as a civil
servant at national or a local government for at least 20 years in total,
and a person who has been in charge of the clerical service corresponding
to administrative work at a particular independent administrative institution
(this refers to the particular independent administrative institutions
as they are specified in Article 2 Paragraph 2 of Common Provisions Law
for Independent Aministrative Institutions (Law No. 103, 2000); hereinafter
the same), a particular local independent administrative institution (this
refers to the particular local independent administrative institutions
as they are specified in Article 2 Paragraph 2 of Law for Local Independent
Aministrative Institutions (Law No. 118, 2004); hereinafter the same) for
at least 20 years in total (at least 17 years for those who finished high
school as defined by School Education Law (Law No. 26, 1947) and for those
as defined in Article 90 of the same Law), either as an officer or employee.
(Disqualification)
Article 2-2. A person who falls into one of the following categories is
not qualified to become a gyoseishoshi lawyer despite the provisions in
the preceding Article:
1 A minor;
2 A major ward or person under curatorship;
3 A person who has been adjudged bankrupt, but not reinstated;
4 A person having been sentenced to imprisonment or heavier penalty
for whom two years have not passed from the day of finishing the execution
or proving not to be executed;
5 A person having received disciplinary dismissal when he/she was a
civil servant (including officers or employees of particular independent
administrative institutions, particular local indepenedent administrative
institutions or Japan Post) for whom two years have not passed from the
day of the said punishment;
6 A person having had his/her registration revoked based on the provision
of Article 6-5 Paragraph 1 for whom two years have not passed from the
day of the said punishment;
7 A person having been prohibited from performing his/her business affairs
based on the provision of Article 14 for whom two years have not passed
from the day of the said punishment.
8 A person having been expelled from the bar association, having had his/her
registration as a certified public accountant obliterated, having been
prohibited from performing his/her business affairs as a patent lawyer,
certified tax accountant, judicial scrivener or land and house investigator,
or having been disqualified as a licensed social insurance consultant,
for whom three years have not passed from the day of the said punishment.
Chapter 2 Gyoseishoshi Lawyer Examination
(Gyoseishoshi lawyer examination)
Article 3. The gyoseishoshi lawyer examination shall be conducted as specified
by Minister for Internal Affairs and Communications with regard to the
necessary knowledge and ability for the gyoseishoshi lawyer's business
once or more every year.
2. The governor of each prefecture shall conduct the affairs concerning
the implementation of the gyoseishoshi lawyer examination.
(Designation of a designated examination center)
Article 4. The governor of each prefecture may have an organization designated
by Minister for Internal Affairs and Communications (hereinafter called
a "designated examination center") administer the affairs concerning
the implementation of the gyoseishoshi lawyer examination (excluding the
affairs as they are specified by Ministry of Internal Affairs and Communications
Ordinance. Hereinafter called, the "examination affairs").
2. The designation as it is specified in the preceding Paragraph shall
be made based on the application of the organization wanting to conduct
the examination affairs.
3. The governor of each prefecture shall not conduct the examination affairs
when having a designated examination center carry out the examination affairs
based on the provision of Paragraph 1.
(Criteria of designation)
Article 4-2. Minister for Internal Affairs and Communications shall not
make the designation as it is specified in Paragraph 1 of the preceding
Article unless he/she acknowledges that the application as it is specified
in Paragraph 2 of the same Article meets the following requirements:
1 The plan about the implementation of the examination affairs shall
be appropriate for carrying out the examination affairs properly and definitely
with regard to the staff, facilities, method of implementing the examination
and other items;
2 The plan about the implementation of the examination affairs as it
is specified in the preceding Item shall have the financial and technical
bases necessary for its proper and definite implementation;
3 There shall be no fear that the examination affairs might become unfair
in the event the applicant is conducting other business than the examination
affairs.
2. Minister for Internal Affairs and Communications shall not make the
designation as it is specified in Paragraph 1 of the preceding Article
in the event the applicant as specified in Paragraph 2 of the same Article
falls into any one of the following categories:
1 The applicant is an organization other than the juristic person set
up based on the provision of Article 34 of Civil Code (Law No. 89, 1896);
2 The applicant is an organization having had its designation revoked
based on the provision of Article 4-14 Paragraph 1 or Paragraph 2 for whom
two years have not passed from the day of the revocation;
3 One of the organization officers falls into either one of the following
categories:
a A person having been sentenced to penalty for violating this Law
for whom two years have not passed from the day of finishing the execution
or proving not to be executed;
b A person having been removed based on the order under the provision
of Article 4-5 Paragraph 2 for whom two years have not passed from the
day of the removal.
(Public announcement of designation etc.)
Article 4-3. Minister for Internal Affairs and Communications shall announce
publicly the name and seat of the principal office of the said designated
organization as well as the day of the said designation when he/she has
made the designation based on Article 4 Paragraph 1.
2. When the designated examination center wants to change its name or
the seat of its principal office, it shall notify the tenor of the change
to Minister for Internal Affairs and Communications by two weeks before
the day of the intended change.
3. When the notification has been made as specified in the preceding paragraph,
Minister for Internal Affairs and Communications shall publicly announce
the tenor of the notification.
(Public announcement of delegation etc.)
Article 4-4. The governor of each prefecture who has decided to have a
designated examination center conduct the examination affairs (hereinafter
called, the "delegating prefectural governor") shall report the
tenor of the delegation to Minister for Internal Affairs and Communications,
and announce publicly the name, seat of the principal office and seat of
the office where the said examination affairs will be handled, of the said
examination center, as well as the day of the decision to have the said
examination center conduct the examination affairs.
2. When a designated examination center wants to change its name, seat
of the principal office or seat of the office where the examination affairs
are handled, it shall notify the tenor of the change to the delegating
prefectural governor (to the relevant delegating prefectual governor with
regard to the seat of the office where the examination affairs are handled)
by two weeks before the day of the intended change.
3. When the delegating prefectural governor has received the notification
as it is specified in the preceding Paragraph, the governor shall publicly
announce the tenor of the notification.
(Appointment and removal of officers)
Article 4-5. Appointment and removal of officers of a designated examination
center shall not come into force unless approved by Minister for Internal
Affairs and Communications.
2. Minister for Internal Affairs and Communications may order the designated
examination center to remove its officer if he/she has acted in contravention
of this Law (including orders and measures taken based on this Law) or
the regulations for the examination affairs, or if he/she has committed
grossly improper acts with regard to the examination affairs.
(Examination committee)
Article 4-6. A designated examination center shall appoint a gyoseishoshi
lawyer examination committee (hereinafter called an "examination committee")
and have them make the questions of the examination and mark the examination
papers.
2. When it has appointed or removed examination committee members, the
designated examination center shall notify the tenor of the appointment
or removal to Minister for Internal Affairs and Communications without
delay.
3. The provision of Paragraph 2 of the preceding Article shall apply mutatis
mutandis to the removal of examination committee members.
(Obligation to keep secrets of officers etc. of a designated examination
center etc.)
Article 4-7. The officers and staff members of a designated examination
center (including the examination committee; the same applies to Paragraph
2), or those who were in these positions shall not disclose secrets learned
in connection with the examination affairs.
2. The examination committee shall be strict and fair, and shall not commit
any wrongdoing.
3. The officers and staff members of a designated examination center who
engage in the examination affairs shall be regarded as employees engaged
in public affairs based on the law as far as the application of Penal Code
(Law No. 45, 1907) and other penal provisions are concerned.
(Regulations for the examination affairs)
Article 4-8. A designated examination center shall prepare the regulations
for the examination affairs on the matters concerning the implementation
of the examination affairs, and have them approved by Minister for Internal
Affairs and Communications. The same shall apply when it intends to change
them.
2. A designated examination center shall hear the opinion of the delegating
prefectural governor when it intends to change the regulations for the
examination affairs pursuant to the latter part of the preceding Paragraph.
3. When Minister for Internal Affairs and Communications acknowledges
that the regulations for the examination affairs which he/she has approved
based on the provision of Paragraph 1have become inappropriate for the
proper and secure implementation of the examination affairs, he/she may
order the designated examination center to change them.
(Business plan etc.)
Article 4-9. A designated examination center shall prepare a business
plan and a budget every business year, and have them approved by Minister
for Internal Affairs and Communications prior to the start of the said
business year (as for the business year to which the day of the designation
based on Article 4 Paragraph 1 belongs, without delay after the designation).
The same shall apply when it intends to change them.
2. When a designated examination center intends to prepare a business
plan and a budget, or change them, it shall hear the opinion of the delegating
prefectural governor.
3. A designated examination center shall prepare a business report and
a statement of account settlement every business year, and submit them
to Minister for Internal Affairs and Communications and the delegating
prefectural governor within 3 months after the end of the said business
year.
(Preparation and preservation of the books on the examination affairs)
Article 4-10. A designated examination center shall prepare the books
on the examination affairs which Ministry of Internal Affairs and Communications
Ordinance sets down, and preserve them.
(Oversight, orders, etc.)
Article 4-11. Minister for Internal Affairs and Communications may give
orders necessary for oversight of the examination affairs to a designated
examination center when he/she considers it necessary in order to secure
proper implementation of the examination affairs.
2. A delegating prefectural governor may give directions to take necessary
measures for the proper implementation of the examination affairs to the
designated examination center when he/she considers it necessary in order
to secure proper implementation of the said examination affairs.
(Collecting a report and on-site inspection)
Article 4-12. Minister for Internal Affairs and Communications may demand
a necessary report on the state of the examination affairs from a designated
examination center, or have his/her staff members enter its office and
inspect the state of the examination affairs or the equipment, books, documents
and other items when he/she considers it necessary in order to secure proper
implementation of the examination affairs.
2. A delegating prefectural governor may demand a necessary report on
the state of the examination affairs from the designated examination center,
or have his/her staff members enter its office handling the examination
affairs and inspect the state of the examination affairs or the equipment,
books, documents and other items when he/she considers it necessary in
order to secure proper implementation of the examination affairs that he/she
has authorized it to conduct.
3. The staff members who conduct an on-site inspection as it is specified
in the preceding two Paragraphs shall carry documents indicating their
identity, and show them when requested by the people concerned.
4. The authority to carry out an on-site inspection as it is specified
in Paragraph 1 or Paragraph 2 shall not be construed to have been granted
for crime investigation.
(Suspension and termination of the examination affairs)
Article 4-13. A designated examination center shall not suspend or terminate
all or part of the examination affairs unless it receives permission from
Minister for Internal Affairs and Communications.
2. Minister for Internal Affairs and Communications shall not give permission
as it is specified in the preceding Paragraph unless he/she recognizes
that there is no fear of the proper and secure implementation of the examination
affairs being harmed by the designated examination center's suspension
or termination of all or part of the examination affairs.
3. Minister for Internal Affairs and Communications shall hear the opinion
of the relevant delegating prefectural governor in the event he/she gives
permission as it is specified in Paragraph 1.
4. When Minister for Internal Affairs and Communications has given permission
as it is specified in Paragraph 1, he/she shall notify it to the relevant
delegating prefectural governor, and publicly announce it.
(Revocation of designation etc.)
Article 4-14. When a designated examination center has come under Item
1 or Item 3 of Article 4-2 Paragraph 2, Minister for Internal Affairs and
Communications shall revoke the designation.
2. When a designated examination center falls under any one of the following
items, Minister for Internal Affairs and Communications may revoke the
designation, or order that it suspend all or part of the examination affairs
by fixing the term:
1 If the Minister recognizes that the requirement in each Item of Article
4-2 Paragraph 1 is no longer met;
2 If it violates the provisions as they are specified in Article 4-6
Paragraph 1, Article 4-9 Paragraph 1 or Paragraph 3, Article 4-10 or Paragraph
1 of the preceding Article;
3 If it violates the orders as they are specified in the provision of
Article 4-5 Paragraph 2 (including the case applied mutatis mutandis in
Article 4-6 Paragraph 3), Article 4-8 Paragraph 3 or Article 4-11 Paragraph
1;
4 If it has conducted the examination affairs not based on the regulations
for the examination affairs approved pursuant to the provision of Article
4-8 Paragraph 1;
5 If it has received the designation as it is specified in Article 4
Paragraph 1 through an unjust means.
3. When Minister for Internal Affairs and Communications has revoked the
designation based on the provisions of the preceding two Paragraphs, or
given an order to suspend all or part of the examination affairs based
on the provision of the preceding Paragraph, he/she shall notify it to
the relevant delegating prefectural governor, and publicly announce it.
(Notifying the revocation of delegation etc.)
Article 4-15. When a delegating prefectural governor has made the decision
not to have the designated examination center implement the examination
affairs, he/she shall notify the tenor of the decision to the designated
examination center 3 months in adavance.
2. When a delegating prefectural governor has made the decision not to
have the designated examination center implement the examination affairs,
he/she shall report the tenor of the decision to Minister for Internal
Affairs and Communications, and publicly announce it.
(Implementation of the examination affairs by a delegating prefectural
governor)
Article 4-16. The provision of Article 4 Paragraph 3 notwithstanding,
a delegating prefectural governor shall implement all or part of the examination
affairs when the examination center has suspended all or part of the said
examination affairs based on the provision of Article 4-13 Paragraph 1,
or Minister for Internal Affairs and Communications has ordered the designated
examination center to suspend all or part of the said examination affairs
based on the provision of Article 4-14 Paragraph 2, or the designated examination
center has found it difficult to implement all or part of the said examination
affairs due to natural disasters or other reasons, and when Minister for
Internal Affairs and Communications acknowledges the necessity.
2. When a delegating prefectural governor is to implement the examination
affairs based on the provision of the preceding Paragraph, or the reason
for a delegating prefectural governor to carry out the examination affairs
has ceased to exist pursuant to the provision of the same Paragraph, Minister
for Internal affairs and Communications shall notify it to the said prefectural
governor.
3. When a delegating prefectural governor has received the notification
as it is specified in the preceding Paragraph, he/she shall publicly announce
the tenor of the notification.
(Delegation to Ministry of Internal Affairs and Communications Ordinance
concerning the takeover of the examination affairs)
Article 4-17. The Ministry of Internal Affairs and Communications Ordinance
shall specify the takeover of the examination affairs and other necessary
matters in the case where a delegating prefectural governor is to carry
out the examination affairs based on the provision of Paragraph 1 of the
preceding Article, or Minister for Internal Affairs and Communications
has given the permission to terminate the examination affairs based on
the provision of Article 4-13 Paragraph 1 or revoked the designation based
on the provision of Article 4-14 Paragraph 1 or Paragraph 2, or a delegating
prefectural governor has made the decision not to have the designated examination
center implement the examination affairs.
(Petition for scrutiny on the measures etc. that a designated examination
center has taken)
Article 4-18. With regard to the measures and omissions on the examination
affairs implemented by a designated examination center, petitions for scrutiny
may be made to Minister for Internal Affairs and Communications pursuant
to Administrative Complaints Scrutiny Law (Law No. 160, 1962).
(Examination fees)
Article 4-19. When collecting the fees for the gyoseishoshi lawyer examination
based on Local Autonomy Law (Law No. 67, 1947), each prefecture may have
the designated examination center collect the said fees from the people
wanting to take the gyoseishoshi lawyer examination implemented by the
said designated examination center based on the provision of Article 4
Paragraph 1, and may receive them as its revenue, as specified in Prefectural
Ordinance.
Article 5 Deleted.
Chapter 3 Registration
(Registration)
Article 6. A person who is qualified to become a gyoseishoshi lawyer shall
have his/her address, name, date of birth, name and seat of the office
and other matters as they are specified in the Rules of Japan Federation
of Gyoseishoshi Lawyers' Associations registered in the list of gyoseishoshi
lawyers in order to become a gyoseishoshi lawyer.
2. Japan Federation of Gyoseishoshi Lawyers' Associations shall keep the
list of gyoseishoshi lawyers.
3. Japan Federation of Gyoseishoshi Lawyers' Associations shall conduct
the registration for the list of gyoseishoshi lawyers.
(Application for registration and decision)
Article 6-2. A person who wants to be registered pursuant to the provision
of Paragraph 1 of the preceding Article shall apply for registration to
Japan Federation of Gyoseishoshi Lawyers' Associations with the documents
showing the qualification to become a gyoseishoshi lawyer attached through
the Gyoseishoshi Lawyers' Association set up within the boundaries of the
prefecture to which the seat of the office belongs.
2. If Japan Federation of Gyoseishoshi Lawyers' Associations, in the case
of having received an application for registration, acknowledges that the
said applicant has the qualificatin to become a gyoseishoshi lawyer, and
also does not come under any one of the following items, it shall register
him/her in the list of gyoseishoshi lawyers, and if it acknowledges that
the said applicant does not have the qualification to become a gyoseishoshi
lawyer, or he/she comes under either one of the following items, it shall
reject the registration. In this case, it shall do so based on the decision
of the Qualification Scrutiny Committee as it is specified in Article 18-4:
1 A person who is unable to perform the gyoseishoshi lawyer's business
because of mental and physical disability;
2 A person who is liable to damage the trust and dignity of a gyoseishoshi
lawyer, and/or a person who lacks in the eligibility to become a gyoseishoshi
lawyer in light of the gyoseishoshi lawyer's occupational duty.
3. In the event that it rejects the registration based on the provision
of the preceding Paragraph, Japan Federation of Gyoseishoshi Lawyers' Associations
shall notify the said applicant of the tenor of the rejection, and give
him/her the chance to justify him/herself in person or by attorney within
an appropriate period of time.
4. When it has registered as specified in Paragraph 2, Japan Federation
of Gyoseishoshi Lawyers' Associations shall deliver a gyoseishoshi lawyer's
ID card to the said applicant, and when it has rejected the registration
pursuant to the provision of the same Paragraph, it shall notify the tenor
and reason of the rejection to the said applicant in writing.
(Petition for scrutiny in case registration has been rejected etc.)
Article 6-3. A person whose registration has been rejected pursuant to
the provision of Paragraph 2 of the preceding Article may petition Minister
for Internal Affairs and Communications for scrutiny based on Administrative
Complaints Scrutiny Law when he/she has a complaint about the said measure
taken.
2. A person who has applied for registration pursuant to the provision
of Paragraph 1 of the preceding Article, in case no measure has been taken
for the said application despite the lapse of 3 months after the day of
the said application, may petition Minister for Internal Affairs and Communications
for scrutiny, considering his/her application to have been rejected. In
this case, the said registration shall be considered to have been rejected
by Japan Federation of Gyoseishoshi Lawyers' Associations on the day of
the petition for scrutiny based on the provision of Paragraph 2 of the
same Article.
3. In case there is a reason for the petition for scrutiny based on the
provision of the preceding two Paragraphs, Minister for Internal Affairs
and Communications shall give an order to Japan Federation of Gyoseishoshi
Lawyers' Associations to the effect that it must take an appropriate measure.
(Registration of alterations)
Article 6-4. If alterations have taken place as to the matters registered
pursuant to the provision of Article 6 Paragraph 1, a gyoseishoshi lawyer
shall apply to Japan Federation of Gyoseishoshi Lawyers' Associations for
the registration of the alterations through the gyoseishoshi lawyers' association
to which he/she belongs without delay.
(Revocation of registration)
Article 6-5. If it has turned out that a person who was registered as
a gyoseishoshi lawyer obtained the registration through a false or unjust
means, Japan Federation of Gyoseishoshi Lawyers' Associations shall revoke
the said registration.
2. If it has revoked the registration pursuant to the provision of the
preceding Paragraph, Japan Federation of Gyoseishoshi Lawyers' Associations
shall notify the person subjected to the said disposition of the tenor
and reason of the revocation in writing.
3. The provisions of the latter part of Article 6-2 Paragraph 2 and Article
6-3 Paragraphs 1 and 3 shall apply mutatis mutandis to the revocation of
registration based on the provision of Paragraph 1.
(Obliteration of registration)
Article 7. If a person who has been registered as a gyoseishoshi lawyer
comes under any one of the following items, Japan Federation of Gyoseishoshi
Lawyers' Associations shall obliterate the registration:
1 If the person has fallen into one of the categories listed from Article
2-2 Item 2 to Item 5 inclusive and also listed in Items 7 and 8;
2 If the person has given the notification to the effect that he/she
intends to terminate his/her business;
3 If the person has died;
4 If the person has had his/her registration revoked in accordance with
the provision of Paragraph 1 of the preceding Article.
2. If a person who has been registered as a gyoseishoshi lawyer is under
either one of the following items, Japan Federation of Gyoseishoshi Lawyers'
Associations may obliterate the registration:
1 If the person has not carried on the business of a gyoseishoshi lawyer
for at least two years continuously;
2 If the person is unable to perform the business of a gyoseishoshi
lawyer because of mental and physical disability.
3. The provisions of the latter part of Article 6-2 Paragraph 2, Article
6-3 Paragraphs 1 and 3 and Paragraph 2 of the preceding Article shall apply
mutatis mutandis to the obliteration of registration as it is specified
in the preceding Paragraph.
(Return of gyoseishoshi lawyer's ID card)
Article 7-2. If a person has had his/her registration as a gyoseishoshi
lawyer obliterated, the person him/herself, his/her legal representative
or his/her successor shall return his/her gyoseishoshi lawyer's ID card
to Japan Federation of Gyoseishoshi Lawyers' Associations. The same shall
also apply if a gyoseishoshi lawyer has had his/her business suspended
in accordance with the provision of Article 14.
2. If a gyoseishoshi lawyer who is under the provision of the latter part
of the preceding Paragraph has been allowed to perform the business of
a gyoseishoshi lawyer, Japan Federation of Gyoseishoshi Lawyers' Associations
shall, on the application of the person him/herself, deliver a gyoseishoshi
lawyer's ID card to the person again.
(Details of the registration)
Article 7-3. The Rules of Japan Federation of Gyoseishoshi Lawyers' Associations
shall specify the application for registration, revocation and obliteration
of registration, list of gyoseishoshi lawyers, gyoseishoshi lawyer's ID
card and other necessary matters concerning the registration in addition
to the matters provided for in this Law.
Chapter 4 Duties of Gyoseishoshi Lawyer
(Office)
Article 8. A gyoseishoshi lawyer shall set up his/her office to do the
business (excluding the gyoseishoshi lawyer who is an employee of a gyoseishoshi
lawyer or the gyoseishoshi lawyer who is an employee (referred to as a
"gyoseishoshi lawyer who is an employee etc." in Paragraph 3;
the same shall also apply in the next Article and Articles 10-2 and 11)
or partner of an administrative profession corporation).
2. A gyoseishoshi lawyer shall not set up more than one office.
3. A gyoseishoshi lawyer who is an employee etc. shall not set up his/her
office to do the business.
(Preparation and preservation of books)
Article 9. A gyoseishoshi lawyer shall prepare the books concerning his/her
business, and fill in the names of cases, dates, fees received, addresses
and names of clients and other matters specified by the prefectural governor.
2. A gyoseishoshi lawyer shall preserve the books mentioned in the preceding
Paragraph together with their related documents for two years from the
day of closing the books. The same shall also apply when he/she is not
a gyoseishoshi lawyer anymore.
(Gyoseishoshi lawyer's duty)
Article 10. A gyoseishoshi lawyer shall conduct the business in good faith,
and not do any acts that will damage the trust and dignity of a gyoseishoshi
lawyer.
(Posting a list of fees etc.)
Article 10-2. A gyoseishoshi lawyer shall post a list of the fees he/she
receives with respect to the business in a visible place in the office.
2. Each Gyoseishoshi Lawyers' Association and Japan Federation of Gyoseishoshi
Lawyers' Associations shall make efforts to prepare statistics on the fees
gyoseishosghi lawyers receive with respect to the business and to release
them.
(Duty to comply with requests)
Article 11. A gyoseishoshi lawyer may not refuse requests unless he/she
has a valid reason.
(Confidentiality)
Article 12. A gyoseishoshi lawyer shall not disclose secrets without any
valid reason that he/she has learned about the matters he/she has handled
in the business. The same shall also apply after he/she has ceased to be
a gyoseishoshi lawyer.
(Duty to observe Association and Federation Rules)
Article 13. A gyoseishoshi lawyer shall observe Rules of the Gyoseishoshi
Lawyers' Association to which he/she belongs and Rules of Japan Federation
of Gyoseishoshi Lawyers' Associations.
(Training)
Article 13-2. A gyoseishoshi lawyer shall make efforts to develop his/her
qualities by receiving the training given by his/her Gyoseishoshi Lawyers'
Association and Japan Federation of Gyoseishoshi Lawyers' Associations.
Chapter 5 Administrative Profession Corporation
(Establishment)
Article 13-3. A gyoseishoshi lawyer may establish an administrative profession
corporation (this is a juristic person which gyoseishoshi lawyers have
jointly established with the aim of conducting systematically the business
affairs provided for in Articles 1-2 and 1-3; hereinafter the same) in
accordance with the provisions of this Chapter.
(Name)
Article 13-4. An administrative profession corporation shall use the words
of administrative profession corporation in its name.
(Partner's qualifications)
Article 13-5. A partner of an administrative profession corporation shall
be a gyoseishoshi lawyer.
2. The following persons may not become partners.
1 A person having had his/her business suspended based on the provision
of Article 14 for whom the suspension period of the said business has not
passed.
2 In the case where an administrative profession corporation has received
the punishment of dissolving the entity or suspending all of its business,
a person who was a partner within 30 days prior to the day of the punishment
and for whom two years (in the case of having had all of its business suspended,
the suspension period of all of the said business) have not passed from
the day of the punishment.
(The extent of business)
Article 13-6. Besides doing the business affairs as they are specified
in Articles 1-2 and 1-3, an administrative profession corporation, based
on the provisions as they are specified in articles of incorporation, may
do all or part of the business affairs provided for in Ministry of Internal
Affairs and Communications Ordinance as those treated in the same way as
the business affairs provided for in these Articles, among the business
affairs a gyoseishoshi lawyer may perform based on laws, ordinances, etc.
Provided that, with respect to the said business affairs in cases where
there are restrictions in laws and ordinances concerning the gyoseishoshi
lawyer who may perform the business affairs provided for in the said Ministry
of Internal Affairs and Communications Ordinance (hereinafter referred
to as the "specific business affairs"), only the administrative
profession corporation that has a gyoseishoshi lawyer who is allowed to
perform the said specific business affairs among its partners, may perform.
(Registration)
Article 13-7. An administrative profession corporation shall be registered
in accordance with Cabinet Order provisions.
2. The items which shall be registered based on the provision of the preceding
Paragraph may not be set up against a third party until they have been
registered.
(Procedure for establishment)
Article 13-8. In order to establish an administrative profession corporation,
the gyoseishoshi lawyers who intend to be its partners shall jointly execute
articles of incorporation.
2. The provision of Article 30 Paragraph 11 in Company Law (Law No. 86,
2005) shall apply mutatis mutandis to the articles of incorporation of
an administrative profession corporation.
3. The articles of incorporation shall contain at least the following
items:
1 The objective;
2 The name;
3 The seats of the principal office and each subordinate office;
4 The names and addresses of the partners, and as for an administrative
profession corporation with the objective of conducting specific business
affairs, the distinction between those who may do the specific business
affairs (hereinafter referred to as the "particular partners")
and those who may not;
5 The matters concerning each partner's contribution.
(The point in time of establishment)
Article 13-9. An administrative profession corporation shall come into
existence by registering its establishment at the seat of its principal
office.
(Notification of establishment)
Article 13-10. When an administrative profession corporation has been
established, it shall notify Japan Federation of Gyoseishoshi Lawyers'
Associations thereof through the Gyoseishoshi Lawyers' Association set
up within the boundaries of the prefecture to which the seat of its principal
office belongs (hereinafter referred to as the "Gyoseishoshi Lawyers'
Association of the seat of the principal office") with a certificate
of registered items and copy of the articles of incorporation attached
within two weeks of the day of the establishment.
2. Japan Federation of Gyoseishoshi Lawyers' Associations shall prepare
the list of administrative profession corporations as it is specified in
its Rules, and shall keep it at its office.
(Notification of changes in the articles of incorporation)
Article 13-11. An administrative profession corporation, except as otherwise
provided for by its articles of incorporation, may make changes in the
articles of incorporation with the consent of all the partners.
2. When an administrative profession corporation has made changes in its
articles of incorporation, it shall notify Japan Federation of Gyoseishoshi
Lawyers' Associations thereof through the Gyoseishoshi Lawyers' Association
of the seat of its principal office within two weeks of the day when the
changes have been made.
(Power to execute business affairs)
Article 13-12. Every partner of an administrative profession corporation
has the right and duty to execute business affairs unless otherwise provided
for in the articles of incorporation.
2. With respect to the specific business affairs of an administrative
profession corporation with the objective of conducting the said specific
business affairs, only its particular partners concerned with the said
specific business affairs shall have the right and duty to execute them.
(Representatives of the corporation)
Article 13-13. The partners who execute the business affairs of an administrative
profession corporation shall represent the administrative profession corporation
respectively. However, this shall not preclude the articles of incorporation
or the unanimous consent of all the partners from especially selecting,
from among the partners who execute the business affairs, the partners
who represent the administrative profession corporation.
2. With respect to the specific business affairs of an administrative
profession corporation with the objective of conducting the said specific
business affairs, only the particular partners concerned with the said
specific business affairs shall represent the administrative profession
corporation respectively despite the provision in the body of the preceding
Paragraph. However, this shall not preclude the unanimous consent of all
the said particular partners from especially selecting, from among the
said particular partners, the partners who act as the representatives of
the administrative profession corporation concerning the said particular
business affairs.
(Permanent stationing of partners)
Article 13-14. An administrative profession corporation shall station
its partners at its office permanently who are the members of the Gyoseishoshi
Lawyers' Association set up within the boundaries of the prefecture to
which the seat of the said office belongs.
(Handling of specific business affairs)
Article 13-15. An administrative profession corporation with the objective
of performing specific business affairs may not perform such business affairs
at its office where no particular partners concerned with such specific
business affairs are permanently stationed.
(Prohibition of competition by partners)
Article 13-16. A partner of an administrative profession corporation shall
not execute, on his/her own behalf or on that of a third party, any business
affair which falls within the kind of business of the administrative profession
corporation, or become a partner of another administrative profession corporation.
2. When a partner has executed, on his/her behalf or on that of a third
party, any business affair which falls within the kind of business of the
administrative profession corporation, the profit gained by such partner
or third party shall be presumed to be the amount of damage caused to the
administrative profession corporation.
(Application mutatis mutandis of the provisions concerning the duties of
a gyoseishoshi lawyer)
Article 13-17. The provisions of Article 8 Paragraph 1, Articles 9 through
11, and Article 13 shall apply mutatis mutandis to an administrative profession
corporation.
(Statutory withdrawal)
Article 13-18. A partner of an administrative profession corporation shall
withdraw from the corporation because of the reasons enumerated below:
1 Obliteration of the registration as a gyoseishoshi lawyer;
2 Occurrence of any reason specified in the articles of incorporation;
3 Consent of all the partners;
4 Where the partner has come under Article 13-5 Paragraph 2 Item 1 or
2;
5 Expulsion.
(Dissolution)
Article 13-19. An administrative profession corporation shall be dissolved
because of the reasons enumerated below:
1 Occurrence of any reason specified in the articles of incorporation;
2 Consent of all the partners;
3 Amalgamation with another administrative profession corporation;
4 Decision to commence bankruptcy procedure;
5 Decision of the court ordering dissolution;
6 Punishment of dissolution based on the provision of Article 14-2 Paragraph
1 Item 3.
2. Besides the cases in the provision of the preceding Paragraph, even
in the event that the number of partners at an administrative profession
corporation becomes one, and the condition continues for six months with
the number of partners not becoming more than one, the administrative profession
corporation shall be dissolved when the six months have passed.
3. When an administrative profession corporation has been dissolved due
to any reason other than that under Paragraph 1 Item 3, it shall notify
Japan Federation of Gyoseishoshi Lawyers' Associations thereof through
the Gyoseishoshi Lawyers' Association of the seat of its principal office
within two weeks of the day of the dissolution.
(Amalgamation)
Article 13-20. When there is the consent of all the partners, an administrative
profession corporation may amalgamate with another administrative profession
corporation.
2. The amalgamation shall take effect when the administrative profession
corporation that continues to exist after the amalgamation or the administrative
profession corporation established by the amalgamation has effected registration
at the seat of its principal office.
3. An administrative profession corporation, when it has amalgamated,
shall notify Japan Federation of Gyoseishoshi Lawyers' Associations thereof
with a certificate of registered items ( a certificate of registered items
and a copy of the articles of incorporation in the case of an administrative
profession corporation established by the amalgamation) attached through
the Gyoseishoshi Lwyers' Association of the seat of its principal office
within two weeks of the day of the amalgamation.
4. The administrative profession corporation which continues to exist
after the amalgamation or the administrative profession corporation established
by the amalgamation shall succeed to the rights and duties of the administrative
profession corporation which ceases to exist in consequence of such amalgamation.
(Objections by creditors etc.)
Article 13-20-2. The creditors of an amalgamating administrative profession
corporation may state their objections about the amalgamation to the said
administrative profession corporation.
2. The amalgamating administrative profession corporation shall give public
notice of the items below on the Official Gazette, and peremptory notice
of them to each of the creditors known to the administrative profession
corporation. However, the period under Item 3 may not be less than one
month:
1 That it will amalgamate;
2 The names and seats of the principal offices of the administrative
profession corporations that will cease to exist in consequence of the
amalgamation; and that will continue to exist after the amalgamation; or
that will come into existence in consequence of the amalgamation;
3 That the creditors may state their objections within a fixed period.
3. The provision of the preceding Paragraph notwithstanding, when an amalgamating
administrative profession corporation gives public notice as it is specified
in the same Paragraph by the method listed under Article 939 Paragraph
1 Item 2 or 3 of Company Law, and not on the Official Gazette, following
the rules of the articles of incorporation based on the provision of the
same Paragraph of the same Article in the same Law which applies mutatis
mutandis in Paragraph 6, the peremptory notice to each of the creditors
as it is specified in the preceding Paragraph shall not be required.
4. If a creditor has failed to state any objection within the period under
Paragraph 2 Item 3, he/she shall be deemed to have approved the said amalgamation.
5. If a creditor has stated an objection within the period under Paragraph
2 Item 3, the amalgamating administrative profession corporation shall
discharge the obligations due to him/her or furnish adequate security,
or else shall convey a property of reasonable value to a trust company
etc. (this refers to a trust company or a financial institution which conducts
trust business (this refers to a financial institution approved under Article
1 Paragraph 1 of Law on Conducting Trust Business Etc. by Financial Institutions
(Law No. 43, 1943))) for the purpose of discharging the obligations due
to the creditor. However, this shall not apply if there is no fear of injuring
the creditor in case the said amalgamation is effected.
6. Company Law provisions of Article 939 Paragraph 1 (this is limited
to the parts related to Items 2 and 3) and Paragraph 3, Article 940 Paragraph
1 (this is limited to the part related to Item 3) and Paragraph 3, Article
941, Article 946, Article 947, Article 951 Paragraph 2, Articles 953 and
955 shall apply mutatis mutandis where an administrative profession corporation
gives public notice pursuant to the provision of Paragraph 2. In this case,
"the method of public notice" under Article 939 Paragraphs 1
and 3 and "trade name" under Article 946 Paragraph 3 each of
the same Law shall read "the method of public notice for amalgamation"
and "name" respectively.
(Action asserting nullity of amalgamation)
Article 13-20-3. Company Law provisions of Article 828 Paragraph 1 (this
is limited to the parts related to Items 7 and 8) and Paragraph 2 (this
is limited to the parts related to Items 7 and 8), Article 835 Paragraph
1, Article 836 Paragraphs 2 and 3, Article 837 through Article 839, Article
843 (this excludes Paragraph 1 Items 3 and 4 and the proviso of Paragraph
2) and Article 846 shall apply mutatis mutandis to an action asserting
the nullity of amalgamation of an administrative profession corporation,
and the same Law provisions of article 868 Paragraph 5, Article 870 (this
is limited to the part related to Item 15), the body of Article 871, Article
872 (this is limited to the part related to Item 4), the body of Article
873, Article 875 and Article 876 shall apply mutatis mutandis to the motion
under Article 843 Paragraph 4 of the same Law which applies mutatis mutandis
in this Article.
(Application mutatis mutandis of Civil Code and Company Law, Etc.)
Article 13-21. Civil Code provision of Article 50 and Company Law provisions
of article 600, Article 614 through Article 619, Article 621 and Article
622 shall apply mutatis mutandis to an administrative profession corporation,
Civil Code provision of Article 55 and Comapny Law provisions of Article
580 Paragraph 1, Article 581, Article 582, Article 585 Paragraphs 1 and
4, Article 586, Article 593, Article 595, Article 596, Article 599 Paragraphs
4 and 5, Article 601, Article 605, Article 606, Article 609 Paragraphs
1 and 2, Article 611(this excludes the proviso of Paragraph 1), Article
612 and Article 613 shall apply mutatis mutandis to a partner of an administrative
profession corporation, the same Law provision of Article 589 Paragraph
1 shall apply mutatis mutandis to the responsibility of a person who has
done an act misleading people into believing that he/she is a partner of
an administrative profession corporation, and the same Law provisions of
Article 859 through Article 862 shall apply mutatis mutandis to an action
demanding the expulsion of a partner of an administrative profession corporation,
as well as to an action demanding the forfeiture of the power to administer
business affairs and of the power of representation. In these cases, "trade
name" under Article 613 of the same Law, "Ministry of Justice
Ordinance" under Article 615 Paragraph 1, Article 617 Paragraphs 1
and 2 and Article 618 Paragraph 1 Item 2 of the same Law, "electromagnetic
records" under Article 617 Paragraph 3 of the same Law, and "Article
594 Paragraph 1 (this includes the case where its provision applies mutatis
mutandis under Article 598 Paragraph 2) " under Article 859 Item 2
of the same Law shall read "name", "Ministry of Internal
Affairs and Communications Ordinance", "electromagnetic records
(i.e., electromagnetic records as they are specified under Article 1-2
Paragraph 1 of Gyoseishoshi Lawyer Law; the same applies under Paragraph
1 Item 2 of the following Article)," and "Article 13-16 Paragraph
1 of Gyoseishoshi Lawyer Law" respectively.
2. Civil Code provisions of Article 82 and Article 83, Non-Litigation
Cases Procedure Law (Law No. 14, 1898) provisions of Article 35 Paragraph
2 and Article 40, and Company Law provisions of Article 644 (this excludes
Item 3), Article 645 through Article 649, Article 650 Paragraphs 1 and
2, Article 651 Paragraph 1 and Paragraph 2 (this excludes the part related
to the application mutatis mutandis of Article 594 of the same Law), Article
652, Article 653, Article 655 through Article 659, Article 662 through
Article 664, Article 666 through Article 673, Article 675, Article 863,
Article 864, Article 868 Paragraph 1, Article 869, Article 870 (this is
limited to the parts related to Items 2 and 3), Article 871, Article 872
(this is limited to the part related to Item 4), Article 874 (this is limited
to the parts related to Items 1 and 4), Article 875 and Article 876 shall
apply mutatis mutandis to the dissolution and liquidation of an administrative
profession corporation. In these cases, "the competent authorities"in
Article 83 of Civil Code shall read "Japan Federation of Gyoseishoshi
Lawyers' Associations", "Article 641 Item 5" under Article
644 Item 1 of Company Law shall read "Article 13-19 Paragraph 1 Item
3 of Gyoseishoshi Lawyer Law", "Article 641 Item 4 or 7"
under Article 647 Paragraph 3 of the same Law shall read "Article
13-19 Paragraph 1 Item 5 or 6 or Paragraph 2", "Ministry of Justice
Ordinance" under Article 658 Paragraph 1 and Article 669 of the same
Law shall read "Ministry of Internal Affairs and Communications Ordinance",
"Article 641 Item 1 through Item 3" under Article 668 Paragraph
1 and Article 669 of the same Law shall read "Article 13-19 Paragraph
1 Item 1 or 2 of Gyoseishoshi Lawyer Law", "Article 939 Paragraph
1" under Article 670 Paragraph 3 of the same Law shall read "Article
939 Paragraph 1 which applies mutatis mutandis under Article 13-20-2 Paragraph
6 of Gyoseishoshi Lawyer Law" and "Article 580" under Article
673 Paragraph 1 of the same Law shall read "Article 580 Paragraph
1 which applies mutatis mutandis under Article 13-21 Paragraph 1 of Gyoseishoshi
Lawyer Law".
3. Company Law provisions of Article 824, Article 826, Article 868 Paragraph
1, Article 870 (this is limited to the part related to Item 13), the body
of Article 871, Article 872 (this is limited to the part related to Item
4), the body of Article 873, Article 875, Article 876, Article 904 and
Article 937 Paragraph 1 (this is limited to the part related to Item 3,
b) shall apply mutatis mutandis to the order of dissolution of an administrative
profession corporation, and the same Law provisions of Article 825, Article
868 Paragraph 1, Article 870 (this is limited to the part related to Item
2), Article 871, Article 872 (this is limited to the parts related to Items
1 and 4), Article 873, Article 874 (this is limited to the parts related
to Items 2 and 3), Article 875, Article 876, Article 905 and Article 906
shall apply mutatis mutandis to the preservation of property of an administrative
profession corporation in cases where a motion has been made based on Article
824 Paragraph 1 of the same Law which applies mutatis mutandis under this
Paragraph. In this case, "the principal office (the principal office
and the branch office related to the registration if this is the case as
it is specified under Item 1, g, and also if the said registration on the
matters listed under each Item of Article 930 Paragraph 2 has been made
based on the resolution concerned)" under Article 937 Paragraph 1
of the same Law shall read "the principal office and the subordinate
office".
4. Company Law provisions of Article 828 Paragraph 1 (this is limited
to the part related to Item 1) and Paragraph 2 (this is limited to the
part related to Item 1), Article 834 (this is limited to the part related
to Item 1), Article 835 Paragraph 1, Article 837 through Article 839 and
Article 846 shall apply mutatis mutandis to an action asserting the nullity
of the establishment of an administrative profession corporation.
5. Company Law provisions of Article 833 Paragraph 2, Article 834 (this
is limited to the part related to Item 21), Article 835 Paragraph 1, Article
837, Article 838, Article 846 and Article 937 Paragraph 1 (this is limited
to the part related to Item 1, i) shall apply mutatis mutandis to an action
demanding the dissolution of an administrative profession corporation.
In this case, "the principal office (the principal office and the
branch office related to the registration if this is the case as it is
specified under Item 1, g, and also if the said registration on the matters
listed under each Item of Article 930 Paragraph 2 has been made based on
the resolution concerned)" under the same Paragraph shall read "the
principal office and the subordinate office".
6. The court supervising the dissolution and liquidation of an administrative
profession corporation may seek opinions from the governor of the prefecture
or entrust him/her with investigation.
7. The prefectural governor as he/she is specified in the preceding Paragraph
may state his/her opinions to the court as it is specified in the same
Paragraph.
8. With respect to the application of the provision of Article 16 of Bankruptcy
Law (Law No. 75, 2004), an administrative profession corporation shall
be regarded as a commercial partnership.
Chapter 6 Supervision
(On-site inspection)
Article 13-22. The governor of a prefecture, except during the hours between
sunset and sunrise, may have its officers enter the office of a gyoseishoshi
lawyer or of an administrative profession corporation, and inspect the
books and their related documents (this includes electromagnetic records
in case the electromagnetic records have been prepared and preserved in
place of preparation and preservation of these).
2. In the case of the preceding Paragraph, the prefectural governor shall
have the said officers carry their ID cards.
3. The said officers, when carrying out an on-site inspection under Paragraph
1, shall show their ID cards to the people concerned.
4. The authority for an on-site inspection based on the provision of Paragraph
1 shall not be construed to have been granted for crime investigation.
(Disciplinary action against gyoseishoshi lawyer)
Article 14. If a gyoseishoshi lawyer has acted in violation of this Law
or an order or regulation based on this, or else in violation of a disposition
made by the prefectural governor, or if he/she has committed a gross misconduct
not appropriate as a gyoseishoshi lawyer, the prefectural governor may
administer punishments listed below to the said gyoseishoshi lawyer:
1 Reprimand;
2 Suspension of the business for two years or less;
3 Prohibition of business.
(Disciplinary action against administrative profession corporation)
Article 14-2. If an administrative profession corporation has acted in
violation of this Law or an order or regulation based on this Law, or else
in violation of a disposition made by the prefectural governor, or if its
management is deemed grossly improper, the prefectural governor who has
jurisdiction over the seat of its principal office may make dispositions
listed below of the said administrative profession corporation:
1 Reprimand;
2 Suspension of all or part of the business for two years or less;
3 Dissolution.
2. If an administrative profession corporation has acted in violation
of this Law or an order or regulation based on this Law, or else in violation
of a measure taken by the prefectural governor, the prefectural governor
who has jurisdiction over the seat of its subordinate office may administer
punishments listed below to the said administrative profession corporation;
provided that this is limited to cases where the said misdeed is related
to the said subordinate office:
1 Reprimand;
2 Suspension for two years or less of all or part of the business concerning the office of the said
administrative profession corporation within the boundaries of the said
prefecture.
3. When the governor of a prefecture has administered punishments as they
are specified in the preceding two Paragraphs, he/she shall notify the
prefectural governors who have jurisdiction over the seats of the other
offices of the said administrative profession corporation thereof, as provided
for by Ministry of Internal Affairs and Communications Ordinance.
4. An administrative profession corporation under the procedure of punishments
of either Paragraph 1 or Paragraph 2 shall be deemed to continue to exist
until the completion of the said procedure even after the completion of
liquidation, as far as the application of the provision of this Article
is concerned.
5. The provision of either Paragraph 1 or Paragraph 2, if there are facts
which fall under the preceding Article with respect to the partners of
an administrative profession corporation in the case of punishing the said
administrative profession corporation based on the provisions of these
Paragraphs, shall not be construed to preclude taking disciplinary actions
as well against the gyoseishoshi lawyers who are its partners.
(Procedure for disciplinary action)
Article 14-3. When any person thinks that there are facts which fall under
Article 14 or under either Paragraph 1 or Paragraph 2 of the preceding
Article with respect to a gyoseishoshi lawyer or an administrative profession
corporation, he/she may notify the prefectural governor who has jurisdiction
over the seat of the office of the said gyoseishoshi lawyer or the said
administrative profession corporation of the said facts, and demand taking
an appropriate measure.
2. When there has been a notification based on the provision of the preceding
Paragraph, the prefectural governor under the same Paragraph shall conduct
necessary investigation with respect to the facts notified.
3. When a prefectural governor is to administer a punishment under Article 14 Item 2 or under either Paragraph 1 Item 2 or Paragraph 2 Item 2 of the preceding Article, he/she shall carry out hearing despite the procedural division for stating opinions based on the provision of Article 13 Paragraph 1 of Administrative Procedure Law.
4. A notice under Article 15 Paragraph 1 of Administrative Procedure Law
concerning the measure as it is specified in the preceding Paragraph or
the punishment under either Article 14 Item 3 or paragraph 1 Item 3 of
the preceding Article shall be given by one week before the day of hearing.
5. An inquiry on the day of hearing under the preceding Paragraph shall be conducted publicly.
(Limitation to the obliteration of registration, etc.)
Article 14-4. When a prefectural governor is to administer a punishment
under Article 14 Item 2 or Item 3 to a gyoseishoshi lawyer, he/she shall
dispatch a notice under Article 15 Paragraph 1 of Administrative Procedure
Law or post a notice on the bulletin board under the former part of Paragraph
3 of the same Article, and immediately notify Japan Federation of Gyoseishoshi
Lawyers' Associations thereof.
2. In case Japan Federation of Gyoseishoshi Lawyers' Associations has
received a notice under the preceding Paragraph with respect to a gyoseishoshi
lawyer, it may not obliterate the registration pursuant to the provision
of Paragraph 1 Item 2 or of each Item of Paragraph 2 in Article 7 with
respect to the said gyoseishoshi lawyer until it receives a notice from
the prefectural governor to the effect that the procedure for the punishment
mentioned under Item 2 or Item 3 of Article 14 has been completed.
(Public notice of disciplinary action)
Article 14-5. When a prefectural governor has administered a punishment
in accordance with the provision of Article 14 or 14-2, it shall put out
public notice to that effect, using the public bulletin of the said prefecture.
Chapter 7 Gyoseishoshi Lawyers' Association, and
Japan Federation of Gyoseishoshi Lawyers' Associations
(Gyoseishoshi Lawyers' Association)
Article 15. Gyoseishoshi lawyers shall set up a Gyoseishoshi Lawyers'
Association, prescribing its rules, in each prefecture.
2. A Gyoseishoshi Lawyers' Association shall aim to conduct the affairs
with respect to providing guidance and communication to its members with
a view to maintaining the dignity of its members, as well as improving
and advancing their business.
3. A Gyoseishoshi Lawyers' Association shall be a juristic person.
4. Civil Code provisions of Article 44 and Article 50 shall apply mutatis
mutandis to a Gyoseishoshi Lawyers' Association.
(Rules of Gyoseishoshi Lawyers' Association)
Article 16. The Rules of Gyoseishoshi Lawyers' Association shall contain
the following items:
1 The name, and the seat of its office;
2 Provisions as to its officials;
3 Provisions concerning admission and withdrawal;
4 Provisions as to its meetings;
5 Provisions as to maintaining its members' dignity;
6 Provisions as to its membership fee;
7 Provisions as to its asset and accounting;
8 Provisions as to its training of gyoseishoshi lawyers;
9 Provisions as to its other important affairs.
(Approval of Association Rules)
Article 16-2. Prescribing the Rules of Gyoseishoshi Lawyers' Association
or changing them shall require the prefectural governor's approval. However,
this provision shall not apply to changing the Association Rules concerning
the seat of the office of a Gyoseishoshi Lawyers' Association and other
items as they are specified by Ministry of Internal Affairs and Communications
Ordinance.
(Registration of Gyoseishoshi Lawyers' Association)
Article 16-3. A Gyoseishoshi Lawyers' Association shall be registered
as provided for by Cabinet Order.
2. The items to be registered in accordance with the provision of the
preceding Paragraph may not be set up against a third person prior to their
registration.
(Officials of Gyoseishoshi Lawyers' Association)
Article 16-4. A Gyoseishoshi Lawyers' Association shall have its President,
vice-president and other officials as they are specified by its Rules.
2. President shall represent his/her Gyoseishoshi Lawyers' Association,
and administer its affairs.
3. The vice-president shall assist President as specified by President,
perform in place of President where any accident has occurred to him/her,
and execute the affairs of President when there is a vacancy in the post
of President.
(Admission and withdrawal of gyoseishoshi lawyers)
Article 16-5. When a gyoseishoshi lawyer has been registered as specified
in Article 6-2 Paragraph 2, he/she shall automatically become a member
of Gyoseishoshi Lawyers' Association set up within the boundaries of the
prefecture to which the seat of his/her office belongs.
2. When a gyoseishoshi lawyer has relocated his/her office within the
boundaries of another prefecture, he/she shall automatically withdraw from
the previous Gyoseishoshi Lawyers' Association at the time of relocation,
and become a member of the Gyoseishoshi Lawyers' Association set up in
the prefecture concerned.
3. When a gyoseishoshi lawyer has come under any one of the Items of Article
7 Paragraph 1, or has had his/her registration obliterated based on the
provision of Paragraph 2 of the same Article, then he/she shall automatically
withdraw from his/her Gyoseishoshi Lawyers' Association.
(Admission and withdrawal of administrative profession corporations)
Article 16-6. An administrative profession corporation shall become a
member of the Gyoseishoshi Lawyers' Association at the seat of its principal
office when it has been established.
2. In cases where an administrative profession corporation has set up
or relocated its office outside the boundaries of the prefecture to which
the seat of its office belongs, it shall become a member of the Gyoseishoshi
Lawyers' Association set up within the boundaries of the prefecture to
which the seat of the said office belongs when the registration has been
conducted to that effect at its new seat.
3. In cases where an administrative profession corporation has relocated
or abolished its office, and it does not have its office anymore within
the boundaries of the prefecture to which the seat of the said office belongs,
it shall withdraw from the Gyoseishoshi Lawyers' Association set up within
the boundaries of the said prefecture when the registration has been conducted
to that effect at its old seat.
4. When an administrative profession corporation has become a new member
of the Gyoseishoshi Lawyers' Association based on the provision of Paragraph
2, it shall notify Japan Federation of Gyoseishoshi Lawyers' Associations
thereof with a certificate of registered items and a copy of the articles
of incorporation attached through the said Gyoseishoshi Lawyers' Association
within two weeks of its admission.
5. When an administrative profession corporation has withdrawn from the
Gyoseishoshi Lawyers' Association based on the provision of Paragraph 3,
it shall notify Japan Federation of Gyoseishoshi Lawyers' Associations
thereof through the said Gyoseishoshi Lawyers' Association within two weeks
of its withdrawal.
6. When an administrative profession corporation has dissolved itself,
it shall withdraw from all the Gyoseishoshi Lawyers' Associations to which
it belongs.
(Obligation to report of Gyoseishoshi Lawyers' Association)
Article 17. A Gyoseishoshi Lawyers' Association shall report the matters
as they are specified by Ministry of Internal affairs and Communications
concerning its members to the prefectural governor once every year.
2. If a Gyoseishoshi lawyers' Association acknowledges that its member
has violated this Law, an order or regulation based on this Law, or else
a measure taken by the prefectural governor, it shall report the tenor
of the violation to the prefectural governor.
(Japan Federation of Gyoseishoshi Lawyers' Associations)
Article 18. The Gyoseishoshi Lawyers' Associations in the nation shall
establish Japan Federation of Gyoseishoshi Lawyers' Associations, prescribing
its Rules.
2. Japan Federation of Gyoseishoshi Lawyers' Associations shall aim to
conduct the affairs as to the guidance and communication to the Gyoseishoshi
Lawyers' Associations and their members, as well as the affairs as to the
registration of gyoseishoshi lawyers with a view to maintaining the dignity
of the members of each Gyoseishoshi Lawyers' Association and also improving
and advancing their business.
(Rules of Japan Federation of Gyoseishoshi Lawyers' Associations)
Article 18-2. The Rules of Japan Federation of Gyoseishoshi Lawyers' Associations
shall contain the following matters:
1 The matters listed under Items 1 and 2, and Item 4 through Item 8
of Article 16;
2 Provisions as to the registration of gyoseishoshi lawyers;
3 Provisions as to the Qualification Scrutiny Committee;
4 Provisions as to its other important matters.
Article 18-3. Deleted.
(Qualification Scrutiny Committee)
Article 18-4. Japan Federation of Gyoseishoshi Lawyers' Associations shall
have a Qualification Scrutiny Committee.
2. The Qualification Scrutiny Committee shall conduct necessary examination
with respect to the rejection of registration based on the provision of
Article 6-2 Paragraph 2, the revocation of registration based on the provision
of Artticle 6-5 Paragraph 1 and the obliteration of registration based
on the provision of Article 7 Paragraph 2.
3. The Qualification Scrutiny Committee shall be composed of the president
and four members.
4. President of Japan Federation of Gyoseishoshi Lawyers' Associations
shall become its president.
5. President shall appoint its members, upon receiving approval from Minister
for Internal Affairs and Communications, from among gyoseishoshi lawyers,
staff members of Ministry of Internal Affairs and Communications, and people
of learning and experience.
6. The term of office of its members shall be two years. However, the
term of office of a replacement, in case a vacancy has arisen, shall be
the remaining period of his/her predecessor.
7. Ministry of Internal Affairs and Communications Ordinance shall prescribe
necessary matters with respect to the system and administration of the
Qualification Scrutiny Committee in addition to the provision of each preceding
Paragraph.
(Application mutatis mutandis of the provisions relating to Gyoseishoshi
Lawyers' Association)
Article 18-5. The provisions of Article 15 Paragraphs 3 and 4, and Article
16-2 through Article 16-4 shall apply mutatis mutandis to Japan Federation
of Gyoseishoshi Lawyers' Associations. In this case, "the prefectural
governor" shall read "Minister for Internal Affairs and Communications".
(Supervision)
Article 18-6. A prefectural governor vis-à-vis the Gyoseishoshi
Lawyers' Association, and Minister for Internal Affairs and Communications
vis-à-vis Japan Federation of Gyoseishoshi Lawyers' Associations
may each seek reports, or give recommendations about the business concerned,
when they deem it necessary.
Chapter 8 Miscellaneous Provisions
(Limitation of business)
Article 19. A person who is neither a gyoseishoshi lawyer nor an administrative
profession corporation may not conduct the business as it is specified
in Article 1-2 as their business. However, as regards the procedures Ministry
of Internal Affairs and Communications specify as those which may be done
easily and in a fixed method, this shall not apply when there are provisions
designed otherwise in other laws, or when electromagnetic records are made
by the people Ministry of Internal Affairs and Communications Ordinance
specify as those having appropriate experience or ability with respect
to the procedures concerned.
2. When Minister for Internal Affairs and Communications make the Ministry
of Internal Affairs and Copmmunications Ordinance as it is specified in
the preceding Paragraph, he/she shall beforehand seek the opinions of Ministers
of State who are in charge of the laws and ordinances relating to the procedures
concerned.
(Limitation of the use of name)
Article 19-2. A person who is not a gyoseishoshi lawyer shall not use
the name of gyoseishoshi lawyer or other names easily confused with this.
2. A person who is not an administrative profession corporation shall
not use the name of administrative profession corporation or other names
easily confused with this.
3. A person who is neither a Gyoseishoshi Lawyers' Association nor Japan
Federation of Gyoseishoshi Lawyers' Associations shall not use the name
of Gyoseishoshi Lawyers' Association or Japan Federation of Gyoseishoshi
Lawyers' Associations, or other names easily confused with these.
(Obligation to keep secrets of gyoseishoshi lawyer's employees, etc.)
Article 19-3. The employees and other workers of a gyoseishoshi lawyer
or administrative profession corporation shall not, without any valid reason,
leak secrets they have learned with respect to the matters they have handled
in the execution of their business. This shall also apply when they are
not the employees and other workers of the gyoseishoshi lawyer or administrative
profession corporation anymore.
(Assistance to develop qualities)
Article 19-4. Minister for Internal Affairs and Communications shall make
efforts to hold training courses, to provide information and to carry out
other necessary assistance with a view to developing the qualities of gyoseishoshi
lawyers.
(Delegation to Ministry of Internal Affairs and Communications Ordinance)
Article 20. Besides the matters as they are specified in this Law, Ministry
of Internal Affairs and Communications Ordinance shall specify necessary
matters with respect to the execution of business by a gyoseishoshi lawyer
or administrative profession corporation, and with respect to Gyoseishoshi
Lawyers' Associations and Japan Federation of Gyoseishoshi Lawyers' Associations.
Chapter 9 Penal Provisions
Article 20-2. A person who violates the provision of Article 4-7 Paragraph
1 shall be punished with penal servitude of not more than one year or a
fine of not more than five hundred thousand yen.
Article 20-3. In the event that a suspension order based on the provision
of Article 4-14 paragraph 2 is violated, the officer or staff member of
a designated examination center who commits the offense shall be punished
with penal servitude of not more than one year or a fine of not more than
five hundred thousand yen.
Article 21. A person who comes under either one of the following Items
shall be punished with penal servitude of not more than one year or a fine
of not more than one million yen:
1 A person with no qualification to become a gyoseishoshi lawyer who
has him/herself registered in the list of gyoseishoshi lawyers by falsely
applying to Japan Federation of Gyoseishoshi Lawyers' Associations with
respect to his/her qualification;
2 A person who violates the provision of Article 9 Paragraph 1.
Article 22. A person who violates the provision of Article 12 shall be
punished with penal servitude of not more than one year or a fine of not
more than one million yen.
2. The offense in the preceding Paragraph may not be prosecuted without
the filing of a complaint.
Article 22-2. A person who falsely marks examination papers, violating
the provision of Article 4-7 Paragraph 2 shall be punished with a fine
of not more than three hundred thousand yen.
Article 22-3. In the event of coming under any one of the following Items,
the officer or staff member of a designated examination center who commits
the offense shall be punished with a fine of not more than three hundred
thousand yen:
1 If he/she does not prepare or does not fill out or falsely fills out
the books, or does not preserve them in violation of the provision of Article
4-10;
2 If he/she, demanded to report pursuant to the provision of Article
4-12 Paragraph 1 or 2, gives no report or a false report, or refuses, hinders
or evades the entry or inspection based on these provisions;
3 If he/she abandons all examination affairs without receiving a permission
based on the provision of Article 4-13 Paragraph 1.
Article 22-4. A person who violates the provision of Article 19-2 shall be punished with a fine of not more than one million yen.
Article 23. A person who violates the provision of Article 9 or Article
11 shall be punished with a fine of not more than one million yen.
2. If an administrative profession corporation violates the provision
of Article 9 or Article 11 which applies mutatis mutandis in Article 13-17,
the partner of the administrative profession corporation who commits the
offense shall be punished with a fine of not more than one million yen.
Article 23-2. A person who falls under either one of the following Items
shall be punished with a fine of not more than three hundred thousand yen:
1 A person who violates Company Law provision of Article 955 Paragraph 1 which applies mutatis mutandis in Article 13-20-2 Paragraph 6, and who does not enter, or does not record, or falsely enters or records in the enquiry and record book, etc. as they are specified in the same Paragraph, those items as they are specified by Ministry of Justice Ordinance with respect to the enquiry about the electronic public notice as it is specified in the same Paragraph, or a person who does not preserve the said enquiry and record book, etc;
2 A person who refuses, hinders or evades the inspection which may be
carried out by the officers concerned pursuant to the provision of Article
13-22 Paragraph 1.
Article 23-3. If the representative of a juristic person, or the agent,
employee or other workers of a juristic person or of a human person commits
the offense under Item 1 of the preceding Article with respect to the business
of the juristic person or of the human person, not only the actor but also
the juristic person or the human person shall be punished with the penalty
under the same Article.
Article 24. If a Gyoseishoshi Lawyers' Association or Japan Federation
of Gyoseishoshi Lawyers' Associations neglects to effect a registration
in contravention of the Cabinet Order based on the provision of Article
16-3 Paragraph 1 (including the case applied mutatis mutandis under Article
18-5), the representative of the Gyoseishoshi Lawyers' Association or of
Japan Federation of Gyoseishoshi Lawyers' Associations shall be punished
with a non-penal fine of not more than three hundred thousand yen.
Article 25. A person who falls under either one of the following Items
shall be punished with a non-penal fine of not more than one million yen:
1 A person who makes either no report or a false report in contravention
of Company Law provision of Article 946 Paragraph 3 which applies mutatis
mutandis under Article 13-20-2 Paragraph 6;
2 A person who refuses, without any valid reason, the request listed
under each Item of Article 951 Paragraph 2 or of Article 955 Paragraph
2 of Company Law which applies mutatis mutandis under Article 13-20-2.
Article 26. In the case of coming under any one of the following Items,
the partners or liquidators of an administrative profession corporation
shall be punished with a non-penal fine of not more than three hundred
thousand yen:
1 If the administrative profession corporation neglects to effect a
registration in contravention of Cabinet Order provisions based on this
Law;
2 If the administrative profession corporation amalgamates in contravention
of the provision of Article 13-20-2 Paragraph 2 or Paragraph 5;
3 If the administrative profession corporation, in contravention of
Company Law provision of Article 941 which applies mutatis mutandis under
Article 13-20-2 Paragraph 6, does not request the investigation under the
same Article;
4 If the administrative profession corporation either does not fill
out or does not keep a record in, or either falsely fills out or falsely
keeps a record in, the accounting books under Article 615 Paragraph 1 of
Company Law which applies mutatis mutandis under the Articles of Incorporation
or Article 13-21 Paragraph 1, or the balance sheet under Article 617 Paragraph
1 or Paragraph 2 of the same Law which applies mutatis mutandis under Article
13-21 Paragraph 1;
5 If the administrative profession corporation neglects to apply for
the commencement of a bankruptcy procedure in contravention of Company
Law provision of Article 656 Paragraph 1 which applies mutatis mutandis
under Article 13-21 Paragraph 2;
6 If the administrative profession corporation distributes its property
in contravention of Company Law provision of Article 664 which applies
mutatis mutandis under Article 13-21 Paragraph 2;
7 If the administrative profession corporation disposes of its property
in contravention of Company Law provision of Article 670 Paragraph 2 or
Paragraph 5 which applies mutatis mutandis under Article 13-21 Paragraph
2.
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