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Reference material 1
Outline of the System of GJB (registered foreign lawyer) and
Scope of Professional Activities
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1 Basic Professional activities of GJB
The professional activities of a GJB shall be to provide legal services
concerning the laws of the Jurisdiction of Primary Qualification at the
request of a party or other person concerned, or appointment by a public
agency.
However, GJB shall not provide the following legal services (it is prohibited
to engage in legal services outside the scope of professional duties).
(i) Representation regarding procedures before a court, public prosecutor's
office or other public agency in Japan, or the preparation of documents
to be submitted to any such agency regarding such procedures.
(ii) Activities as a defense counsel in a criminal case or activities as an
attendant in a juvenile protection case or legal assistance in a case in
connection with a request for the examination of extraditability of a
fugitive criminal.
(iii) Giving an expert opinion or other legal opinion regarding the
interpretation or the application of laws other than the laws of the
Jurisdiction of Primary Qualification.
(iv) Services of procedural documents for a court or administrative agency
of a foreign jurisdiction
(v) Representation in asking (a notary public) to prepare a notarized deed
under item (v) of Article 22 of the Civil Execution Act (Act No. 4 of 1979).
(vi) Representation or the preparation of documents (excluding written
expert opinions; hereinafter the same shall apply in this Article)
regarding a legal case whose primary purpose is the acquisition or
relinquishment or amendment of rights concerning real property located
in Japan or of industrial property rights, mining rights or other rights
established by registration thereof with an administrative agency in
Japan or rights related to such rights (hereinafter referred to as
"Industrial Property Rights, etc.")
2 Legal services requiring to provide them jointly with an Attorney at Law
as "Bengoshi" or after receiving written advice from an Attorney at Law as
"Bengoshi"
Even when the legal services are such that a GJB may provide within the
scope of their professional activities under the provisions as mentioned in the
aforementioned 1, they shall be required to provide them jointly with an
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Attorney at Law, or after receiving written advice from an Attorney at Law,
regarding the following matters.
(i) Representation or the preparation of documents regarding a legal case
other than a legal case mentioned in item (vi) of the preceding paragraph,
the purpose of which is the acquisition or relinquishment or amendment
of rights concerning real property located in Japan or Industrial Property
Rights, etc.
(ii) Representation or the preparation of documents regarding a legal case
concerning family relations in which a Japanese national is involved as a
party.
(iii) Representation or the preparation of documents regarding a legal case
concerning a will or a gift on donor's death regarding an asset located in
Japan and owned by a person who resides in Japan or a legal case
concerning the division of the estate, or administration of the estate, or
other matters of inheritance regarding an asset located in Japan and
owned by a person who resided in Japan at the time of death, and in
which a Japanese national is involved as a party.
3 Legal services concerning the designated laws
GJB may provide legal services concerning the Designated Laws if they have
been granted such Designation by the Minister and have been granted
supplementary note registration of Designated Laws on the Roll of GJB at
the Japan Federal Bar Association. However, this shall not apply to the legal
services listed as follows, nor to giving or rendering an expert opinion or
otherwise legal opinion regarding the interpretation or the application of
laws other than the Designated Laws.
(i) Representation regarding procedures before a court, public prosecutor's
office or other public agency in Japan, or the preparation of documents
to be submitted to any such agency regarding such procedures.
(ii) Activities as a defense counsel in a criminal case or activities as an
attendant in a juvenile protection case or legal assistance in a case in
connection with a request for the examination of extraditability of a
fugitive criminal.
(iii) Services of procedural documents for a court or administrative agency
of a foreign jurisdiction
(iv) Representation in asking (a notary public) to prepare a notarized deed
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under item (v) of Article 22 of the Civil Execution Act (Act No. 4 of 1979).
(v) Representation or the preparation of documents (excluding written
expert opinions; hereinafter the same shall apply in this Article)
regarding a legal case whose primary purpose is the acquisition or
relinquishment or amendment of rights concerning real property located
in Japan or of industrial property rights, mining rights or other rights
established by registration thereof with an administrative agency in
Japan or rights related to such rights (hereinafter referred to as
"Industrial Property Rights, etc.")
Regarding Legal services concerning the Designated Laws, GJB shall be
required to provide them jointly with an Attorney at Law, or after receiving
written advice from an Attorney at Law, in the same cases as the
aforementioned 2.
4 Legal services concerning the Laws of a Specified Foreign Jurisdiction
other than the legal services concerning the Designated Law (so-called "third
jurisdiction law")
GJB may provide legal services concerning the Laws of a Specified Foreign
Jurisdiction other than legal services concerning the Designated Laws
(so-called "third jurisdiction laws"), if they do so according to a written advice
received from any of the persons listed as follows.
However, GJB shall not provide the legal services listed in the
aforementioned 3, nor shall you give or render an expert opinion or otherwise
legal opinion regarding the interpretation or the application of laws other
than the Laws of the Specified Foreign Jurisdiction.
(i) Foreign lawyer
a person who is a foreign lawyer in the Specified Foreign Jurisdiction
to which the said Laws of the Specified Foreign Jurisdiction pertain
(excluding a person who is a GJB) and is engaged in practice
providing legal services concerning the Laws of the Specified Foreign
Jurisdiction on the basis of the qualification to become a foreign
lawyer.
(ii) GJB
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a person who is a GJB and for whom the Laws of the Jurisdiction of
Primary Qualification or the Designated Laws are the Laws of the
Specified Foreign Jurisdiction.
(iii) Registered Foreign Lawyer Corporation
a registered foreign lawyer corporation (limited to when its member
for whom the Laws of the Jurisdiction of Primary Qualification or
Designated Laws are the Laws of the Specified Foreign Jurisdiction
performs the practice).
(iv) Joint Corporation
an attorney at law / registered foreign lawyer joint corporation
(limited to when its member who is a registered foreign lawyer for
whom the Laws of the Jurisdiction of Primary Qualification or
Designated Laws are the Laws of the Specified Foreign Jurisdiction
performs the practice).
Regarding legal services concerning the Designated Laws, GJB shall be
required to provide them jointly with an Attorney at Law, or after receiving
written advice from an Attorney at Law, in the same cases as the
aforementioned 2.
5 Representation regarding the procedures for an international arbitration
case and an international mediation case
GJB may, notwithstanding 1 to 4 above, perform representation regarding
the procedures for an international arbitration case and international
mediation case under the provisions of GJB Act.
(i) International arbitration case (Article 2, item (xiv) of the GJB Act)
a civil arbitration case which falls under any of the following cases:
(a) some or all of the parties are persons who have an address, or a main
or head office in a foreign jurisdiction (including cases in which persons
who hold more than fifty percent of the number of issued shares
(limited to voting shares) in some or all of the parties, or more than fifty
percent of the equity in some or all of the parties, or persons specified
by Ministry of Justice Order as equivalent to those persons, are the
persons who have an address, or a main or head office in a foreign
jurisdiction).
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(b) the law which the arbitral tribunal should comply with in making an
arbitral award (limited to the law as provided by the agreement of
relevant parties) is not Japanese law.
(c) the place of arbitration is in a country other than Japan.
(ii) international mediation case (Article 2, item (xv) of the GJB Act)
a civil mediation case (including civil conciliation cases; and limited to
cases on disputes relating to civil contracts or transactions in which all
of the parties are corporations, other associations or foundations, or
individuals who have become parties to those civil contracts or
transactions as a business or for a business) which falls under any of
the following cases:
(a) some or all of the parties are persons who have an address, or a main
or head office in a foreign jurisdiction (including cases in which persons
who hold more than fifty percent of the number of issued shares
(limited to voting shares) in some or all of the parties, or more than fifty
percent of the equity in some or all of the parties, or persons specified
by Ministry of Justice Order as equivalent to those persons, are the
persons who have an address, or a main or head office in a foreign
jurisdiction).
(b) the law which is to apply to the formation and effect of a claim
arising from a dispute relating to a civil contract or transaction (limited
to the applicable law specified by agreement of the parties) is not
Japanese law.
 Prohibited
(Note)
Legal services concerning the Laws of a Specified Foreign Jurisdiction other than the legal services concerning the Designated Law
(in principle, GJBs are prohibited from providing these services.)
Legal services concerning Designated Law
(i) representation regarding procedures
before a court, public prosecutor's
office or other public agency in Japan,
or the preparation of documents to be
submitted to any such agency regarding
such procedures.
Even if you satisfy the requirements on
the right, you may not provide the
following services.
(v) representation in asking (a notary
public) to prepare a notarized deed
under item (v) of Article 22 of the Civil
Execution Act (Act No. 4 of 1979).
Even if you satisfy the requirements on
the left, you may not provide the
following services.
(ii) activities as a defense counsel in a
criminal case, or activities as an
attendant in a juvenile protection case
or legal assistance in a case in
connection with a request for the
examination of extraditability of a
fugitive criminal.
Even when the legal services are such
that a GJB may provide within the
scope of their professional activities,
they shall be required to provide them
jointly with an attorney at law, or after
receiving written advice from an
attorney at law, regarding the legal
services.
Type of legal services are the same as
those on the above column.
(iv) Joint Corporation :
an attorney at law / registered foreign lawyer joint
corporation (limited to when its member who is a registered
foreign lawyer for whom the laws of the jurisdiction of
primary qualification or designated laws are the laws of the
specified foreign jurisdiction performs the practice).
《Exceptionally, GJB may provide the following legal services
if they satisfy the statutory requirements.》
GJB may provide legal services concerning the laws of a
Specified Foreign Jurisdiction other than legal services
concerning the Designated Laws (this shall mean legal
services regarding a legal case all or a major part to which
the laws of the Specified Foreign Jurisdiction (so-called
"third jurisdiction laws") apply or should be applied, if they
do so according to a written advice received from any of the
persons listed as follows;
(i) foreign lawyer :
a person who is a foreign lawyer in the Specified Foreign
Jurisdiction to which the laws of the specified foreign
jurisdiction pertain (excluding a person who is a GJB) and is
engaged in practice providing legal services concerning the
laws of the Specified Foreign Jurisdiction on the basis of the
qualification to become a foreign lawyer (excluding a person
who is employed and is providing services in Japan, based on
his/her knowledge concerning foreign laws).
(ii) GJB :
a person who is a GJB and for whom the laws of the
Jurisdiction of Primary Qualification or the Designated Laws
are the laws of the Specified Foreign Jurisdiction.
(iii) registered foreign lawyer corporation :
a registered foreign lawyer corporation (limited to when its
member for whom the laws of the jurisdiction of primary
qualification or designated laws are the laws of the specified
foreign jurisdiction performs the practice).
The professional activities of a registered foreign lawyer (Prohibition against handling legal services outside the scope of
professional duties)
(v) representation or the preparation of
documents (excluding written expert
opinions; hereinafter the same shall
apply in this Article) regarding a legal
case whose primary purpose is the
acquisition or relinquishment or
amendment of rights concerning real
property located in Japan or of
industrial property rights, mining rights
or other rights established by
registration thereof with an
administrative agency in Japan or rights
related to such rights (hereinafter
referred to as "Industrial Property
Rights, etc.")
(vi) representation or the preparation
of documents (excluding written expert
opinions; hereinafter the same shall
apply in this Article) regarding a legal
case whose primary purpose is the
acquisition or relinquishment or
amendment of rights concerning real
property located in Japan or of
industrial property rights, mining rights
or other rights established by
registration thereof with an
administrative agency in Japan or rights
related to such rights (hereinafter
referred to as "Industrial Property
Rights, etc.")
(v) representation or the preparation of
documents (excluding written expert
opinions; hereinafter the same shall apply in
this Article) regarding a legal case whose
primary purpose is the acquisition or
relinquishment or amendment of rights
concerning real property located in Japan
or of industrial property rights, mining rights
or other rights established by registration
thereof with an administrative agency in
Japan or rights related to such rights
(hereinafter referred to as "Industrial
Property Rights, etc.")
Legal services concerning the Japanese law
Legal services concerning the laws of the jurisdiction of primary
qualification
《Exception》
GJB may provide
legal services
concerning the
designated laws if
they have been
granted such
designation by the
Minister of Justice
and have been
granted the
supplementary note
registration of
designated laws by
the Japan Federal
Bar Association.
(Note)
GJB may provide representation in international arbitration cases and
international mediation cases within certain scope (Refer to Reference
Material 1).
(iii) giving an expert opinion or other
legal opinion regarding the
interpretation or the application of laws
other than the laws of the jurisdiction
of primary qualification.
(iv) services of procedural documents
for a court or administrative agency of
a foreign jurisdiction
(iii) services of procedural documents
for a court or administrative agency of
a foreign jurisdiction
(ii) activities as a defense counsel in a
criminal case, or activities as an
attendant in a juvenile protection case
or legal assistance in a case in
connection with a request for the
examination of extraditability of a
fugitive criminal.
(iii) services of procedural documents
for a court or administrative agency of
a foreign jurisdiction
(iv) representation in asking (a notary
public) to prepare a notarized deed
under item (v) of Article 22 of the Civil
Execution Act (Act No. 4 of 1979).
(i) representation regarding procedures
before a court, public prosecutor's
office or other public agency in Japan,
or the preparation of documents to be
submitted to any such agency regarding
such procedures.
Laws of a Specified Foreign Jurisdiction; this shall mean the laws which are or were
in effect in a Specified Foreign Jurisdiction.
Designated Laws; this shall mean the laws of a Specified Foreign Jurisdiction as to which a
person who has obtained approval by Minister of Justice is designated under the Act.
Even when a GJB may provide legal
services concerning the laws of a
Specified Foreign Jurisdiction other
than legal services concerning the
Designated Laws, they shall be required
to provide them jointly with an attorney
at law, or after receiving written advice
from an attorney at law, regarding the
legal services.
Type of legal services are the same as
those on the right column.
Even when the legal services are such
that a GJB may provide within the
scope of their professional duties, they
shall be required to provide them jointly
with an attorney at law, or after
receiving written advice from an
attorney at law, regarding the following
matters;
(ii) representation or the preparation of
documents regarding a legal case
concerning family relations in which a
Japanese national is involved as a
party.
《Exception》
GJB shall not provide the following legal
services
《Principle》
The professional activities of a GJB shall be to provide legal
services concerning the laws of the Jurisdiction of Primary
Qualification at the request of a party or other person
concerned, or appointment by a public agency
(ii) activities as a defense counsel in a
criminal case, or activities as an
attendant in a juvenile protection case
or legal assistance in a case in
connection with a request for the
examination of extraditability of a
fugitive criminal.
(iv) representation in asking (a notary
public) to prepare a notarized deed
under item (v) of Article 22 of the Civil
Execution Act (Act No. 4 of 1979).
(i) representation regarding procedures
before a court, public prosecutor's
office or other public agency in Japan,
or the preparation of documents to be
submitted to any such agency regarding
such procedures.
Laws of the Jurisdiction of Primary Qualification; this shall mean the laws which
are or were in effect in the Jurisdiction of Primary Qualification.
(i) representation or the preparation of
documents regarding a legal case other
than a legal case mentioned in item (vi)
of the right column of 《Exception》, the
purpose of which is the acquisition or
relinquishment or amendment of rights
concerning real property located in
Japan or Industrial Property Rights, etc.
(iii) representation or the preparation
of documents regarding a legal case
concerning a will or a gift on donor's
death regarding an asset located in
Japan and owned by a person who
resides in Japan or a legal case
concerning the division of the estate, or
administration of the estate, or other
matters of inheritance regarding an
asset located in Japan and owned by a
person who resided in Japan at the time
of death, and in which a Japanese
national is involved as a party.
Advice in writing
Advice in writing