The languages I speak

Since I moved to London in 2010, I have been learning English very hard. Under the Japanese educational system, I studied English for more than 8 years at school, but I hardly had a chance to speak English, so I hesitated to talk when I first came to London. Like many Japanese students, I was too shy to talk English, because I was so afraid of failure, and I think it is sort of psychological self defence. As a human being, I wanted to look good and be thought to be good. However, if that becomes my first priority, I believe I cannot make progress. Thus, I decided to dive into the British society.

In 2010, there were some organisations which supported migrants to integrate into society. Speaking a local language is essential to make a living, so English courses were provided in the organisation. The organisation was called Migrants Resource Centre, which later consolidated to another organisation, and later closed their operation. Now in 2021, Brexit is complete, and, in my sense, the British society is not as friendly for migrants as it used to be, so when I first came to London, I was lucky in a sort of serendipity.

Now I use English for my practice as a lawyer, but learning a language never stops. In addition, it makes me aware of using Japanese as well. The Japanese language is my first language, but explaining something for others to understand easily is not the same as speaking in our daily lives.

Empathy for others is also important for communication. Language is a tool of communication, and we are social creatures, so it is worth noting to learn new languages.

司法書士堀明子 – HORIakiko –
司法書士 / ビジネスコンサルタント / ライフ・コーチ
Shiho-shoshi Lawyer / Business consultant / Life coach
Email:　horiakiko@lawhelp4u.com
Tel: +81-(0)3-3249-1536 https://lawhelp4u.com/blog/

Titles for the execution of business in Japanese companies

Titles for the execution of company business vary from country to country.

The Japanese Companies Act only mentions the words “Director (Article 326)”, “Representative director (Articles 349 and 362)” and “Chairperson (Article 315)”.
When I translate the information of a company’s registration, I use the words, “Director” and “Representative Director”.
Although “Chairman” can refer to a person of either sex, I prefer to use the word, “Chairperson” because of the gender equality duty.
The contents above are the terms described in the Companies Act.

Having said that, it is common to define the titles, such as “Chairman of the board” （会長）, “President” （社長）, “Senior Managing Director” （専務取締役） and “Managing Director” （常務取締役） in Japan for the corporate governance purposes, and these positions are defined in the company’s articles of corporation.

The word, “President” refers to the highest position in an organisation. Recently, I also often use the term, “Chief executive officer”, because it is often used to describe the most important position in a company for running its business.

Unlike the translation of the word, “President”, the translation of the position of “Chairman of the board” in Japan is slightly difficult.
In Japan, the position is more of an honorary one, often given to the former President of the company, who is not very actively involved in its company’s businesses. In particular, it is often said only “Chairman” in the translation, but this stands for “Chairman of the board”, which means the person in this position is in charge of leading its board of directors. However, the word “Chairman” in general means a person in charge of a meeting. In Japan, the person who conducts the shareholders’ meeting and the board of directors’ meeting is the president of the company, so it might be a slight confusion, I must say.

I always feel that the simpler the contents are, the more it tests translation skills.

The disclaimer process to the Japanese family court.

I wrote a relevant blog on 31st August, 2020. (https://akikohorishihoshosilawyer.wordpress.com/2020/08/) There were some enquiries on this matter, so I decided to describe some additional points below.

Shihoshoshi Lawyers, who are primarily working on non-conflicting cases and legal administrative matters, have a different perspective from Bengoshi lawyers, who are working on any cases including negotiating legal disputes.

The following contents on this subject of the disclaimer process are written in accordance with Japanese civil law. Under the Japanese legal system, because the estate of a dead person passes to the heirs directly, the heirs inherit a debt or liability as well as tangible asset, such as cash, stocks, bonds and property.

If the deceased person is a Japanese national who left their assets in Japan that the negative assets, such as debts and liabilities, outweigh the positive assets, their statutory heir has the right to renounce their interest under an intestacy. This disclaimer process to the Japanese family court can be done from abroad.

The required documents for this procedure must be in writing, form of the court “the Application for Renunciation of Inheritance” (相続放棄申述書) in Japanese. Copies of the deceased person’s Japanese family register are also required. The fact that such a person is abroad must be made clear at the stage of submitting the documents to the court. An affidavit issued by a notary public in their country of residence, or a certificate of residence and signature issued by the Japanese embassy might be necessary.

In Japan, this disclaimer process does not end with the submission of written documents above, and requires a response to a written enquiry made by the court later on. After submitting the enquiry form, the court will again send a “Certificate of Acceptance of the Application for Renunciation of Inheritance” (相続放棄受理通知書 in Japanese) at the end of the procedure.

It is important to act quickly and seek legal advice, especially if you are an expat and a resident outside Japan. I provide support for the disclaimer process to the Japanese family court from abroad.

The purpose of education and the practical skills

Young people are going into society independently after their education, thus, working as an individual person requires not only knowledge but also the skill of communication with other people. Schools and universities should use some methods, such as work experience programmes and careers advice to help students to find suitable jobs.

Firstly, work experience programmes would provide a real insight into what the practical world is, because these opportunities would vary from every workplace. The environment, atmosphere and culture of the businesses are different even in the same industry. In addition, organisations which accept students under these programmes would take advantage because they can promote their businesses and also check whether students can fit into their businesses before being employed.

Secondly, the programmes above are useful for students, but those are active action, and some of the students might feel stressed and confused about their future career, so that careers advice would support their mind and motivation. Students at this age look mature, but they are still young and a support would be needed. Even though some of the teachers have no work experience, they are academic, and they can listen and talk as their pastoral care as well as careers advice.

In conclusion, work experience programmes are a win-win solution for both students and business entities, and especially students who might realise what they should learn at schools and universities. However, when they struggle with their outlook for their future, career advice will guide them their career path as well as their mental progress.