Part 3: The Legal Procedures and Process for Registering a Company Name in Japan
office-babaakiraSeries Theme: Administrative Scrivener’s Guide for Foreign Entrepreneurs on Selecting a Company Name in Japan
Introduction
Once you’ve decided on a company name, the next crucial step is to legally register it. Failing to follow the correct procedures could result in rejection of your application or operational setbacks. In this article, we’ll outline the legal steps for registering your company name in Japan and share key considerations from an administrative scrivener’s perspective.
1. Include the Company Name in the Articles of Incorporation
When establishing a company, the first document you need to create is the teikan (Articles of Incorporation), where you must officially state the company name (trade name). This document serves as the company’s foundational legal framework.
- Key Information to Include:
Company name, business purpose, registered address, initial capital, and other essential details. - Important Note:
Ensure the company name is recorded in its exact form—abbreviations or informal names are not permitted.
2. Conduct a Preliminary Similarity Check
Before registering your company name, you must check if similar or identical trade names already exist. If there is a conflict, your registration may be denied.
- How to Conduct the Check:
- At the Legal Affairs Bureau: You can conduct a trade name search at your nearest Legal Affairs Bureau (Homukyoku).
- Online Search: Use services like the “Commercial Registration Information Service” to access national registration records.
- Administrative Scrivener Support:
An administrative scrivener can handle the name search on your behalf, ensuring a thorough investigation.
3. Steps to Register Your Company Name
Company registration involves submitting an application to the Legal Affairs Bureau. Here’s the process:
① Prepare the Required Documents:
- Articles of Incorporation: Include the finalized company name. Both paper and electronic formats are acceptable.
- Application for Registration: This form contains details such as the company name, registered address, capital, and representative’s information.
- Additional Documents: Shareholders’ consent forms, certificates of registered seals, etc.
② Submit the Application to the Legal Affairs Bureau:
- Submission Methods:
- In Person: Submit your documents directly to the Legal Affairs Bureau.
- Online Submission: Use the Commercial Registration Electronic Filing System.
- After Submission:
If there are no issues with the application, registration is typically completed within one to two weeks.
4. Post-Registration Steps
Once your company name is officially registered, don’t forget to complete these essential tasks:
- Notify the Tax Office:
Submit the Notification of Incorporation to the local tax office and handle corporate and consumption tax filings. - Open a Bank Account:
You’ll need a certified copy of your registration (Toukibo) to open a company bank account. - Prepare Business Materials:
Ensure your official documents, business cards, and website reflect the correct company name.
5. Changing a Registered Company Name
If you need to change your company name after registration, you must follow a formal process:
- Steps for Changing the Name:
- Amend the Articles of Incorporation: Pass a resolution at a general shareholders’ meeting to approve the name change.
- Submit an Application for Change: File a registration application for the new company name at the Legal Affairs Bureau.
- Notify Relevant Authorities and Partners: Inform the tax office, business partners, and banks of the change.
- Important Consideration:
Changing your company name can impact your branding and customer relationships, so careful planning is essential.
6. How an Administrative Scrivener Can Assist You
Navigating the legal aspects of company name registration can be complex, especially for foreign entrepreneurs. Administrative scriveners provide comprehensive support, including:
- Document Preparation: Drafting the Articles of Incorporation and registration forms.
- Similarity Checks: Conducting thorough searches to avoid conflicts with existing trade names.
Conclusion
Registering your company name is a critical step in establishing your business in Japan. Following the correct legal procedures ensures a smooth start and helps you avoid potential pitfalls. In the next article, we’ll explore “Case Studies and Success Stories for Choosing Effective Company Names.”
Next Topic:
“Part 4: Case Studies and Success Stories”
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