How do I choose an estate agent?

Japanese business start-up consultant

When considering real property transaction, it is critical to identify a good estate agent. Initially, it is wise to have a personal recommendation, such as family, friends and colleagues. if there is someone reliable with enough knowledge about real property, it is useful to ask that person, too. In addition, collecting information from the internet is also effective nowadays.

In Japan, as to an estate agent’s license, there are two types of licenses: one is the license approved by the prefecture governor and the other is the license approved by The Minister of Land, Infrastructure, Transport and Tourism (MLIT).

The license approved by the prefecture governor is issued when the estate agent runs its business in one prefecture only. On the contrary, the license approved by MLIT is issued when they run its real property business across several prefectures.

There are brackets and numbers on their license number, which indicates the length of their working history. The license should be renewed every 5 years. When it is one in brackets, it means the agent has been running their business less than 5 years.

When a purchase agreement is formed, the brokerage fee for an estate agent is generally the sale price multiplied by 3% plus JPN 60,000 plus consumption tax of 10 %, but it might be negotiable.

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/english/how-to-buy-a-property-in-japan/

Report about the direction after leaving school in Japan.

Japanese business start-up consultant

Introduction
The compulsory education in Japan terminates when young people finish their secondary school at the age of 15, and over 80% of them continue to study at high school for 3 more years. This tendency gives the impression that education at high school is quite common, so this report is based on the premise above.

Recent trend
Because of the recent decrease in childbirth, going to university in recent years is not as difficult as one in the past, so almost 60% of pupils who finish their high school education choose to go to university. This tendency shows Japan is a country that provides quite good standard of education for the young generation. The information of this rate can be seen on the ministry of education website (https://www.mext.go.jp/b_menu/shingi/chukyo/chukyo0/toushin/attach/1335605.htm). Furthermore, roughly 10% of young adults keep studying for a master degree after their bachelor degree is completed.

Vocational career
On the other hand, the path of vocational career can still be possible in Japan. Those vocational experiences are generally found in a profession, such as medicine, the law, teaching, architecture, engineering and some others, where a professional qualification is required in addition to or instead of a degree. My Shiho-shoshi Lawyer qualification is one of vocational careers. Special licences funded by relevant ministries are well-recognised in society. It is difficult to collect all the information above at one source, but every ministry puts up their licensing information on their websites.

Conclusion
In conclusion, the mainstream of education in Japan is to go to university, but thanks to the various vocational tests and qualifications, a wide range of career paths for the young is widely available in Japan.

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/

The Use of Land Lease Rights

Japanese business start-up consultant

Land Lease Rights have lower asset value than ownership, and it is commonly traded at around 60 to 70% of the market price as ownership in residential areas. The necessary expenses for a Land Lease Right are up-front payment as the purchase price, a contract renewal fee, a reconstruction consent fee, a change of condition consent fee and change of name consent fee due to inheritance or sale. Additionally, “Monthly rent” which a lessee pays on a regular basis while renting land is also required. The parties have discussed in advance about the conditions applying when selling the land lease, because the acceptance of the landowner will be needed at the time of sale and a name change consent fee will be charged.

Under the current Act on Land and Building Leases, there is a regulation called “Fixed Term Land Lease Right”. (定期借地権) In this regulation, the term of the Land Lease Right is determined and the contract will end at the fixed deadline, which there is no extension of the contract. In this scheme, when the land lease contract ends, the land surface should be cleared and returned to the landowner, and the lessee should undertake the cost of demolition of the building at their own cost.

However, the parties can agree with the special provisions for building transfer if the contract is agreed for thirty years or more. In this clause, a landowner promises to buy the building on the land that is the object of the Land Lease Right, which shall be transferred to the landowner for a reasonable price after the day that thirty years or more have passed since the contract was established. Land Lease Right will cease at the time of purchase.

Legal advice in connection with a lease agreement is essential, including drafting and preparing preliminary agreements.

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/english/how-to-buy-a-property-in-japan/

Types of Property rights. “Fixed Term Land Lease Right” (事業用定期借地権)

Japanese business start-up consultant

Land and a building are each treated as separate real property in Japan.

Land rights are roughly divided into “Ownership” and “Land Lease Rights”.
In Japan, conveyance of land is generally the transfer in “Ownership”.
Ownership of real property means unlimited possession, and it means its permanent possession.

“Land Lease Rights ” is set up when obtaining use of the land from its landowner and building your own building on it. It means a “Right to borrow land”.
The cost of “Land Lease Rights” is divided into two parts that together are “Up-front payment”, which is, firstly, to pay for purchasing the Land Lease Right, and also “Rent”, which is to be continually paid while renting the land.

Under the new Act on Land and Building Leases, there is a new regulation called “Fixed Term Land Lease Right”.(事業用定期借地権) This scheme is often used in a business purpose, because the term of the Land Lease Right is determined and the contract will end at the fixed deadline. In principle, when the land lease contract ends, the land surface should be cleared and returned to the landowner, and the lessee should undertake the cost of demolition of the building at his own cost.

This aims to construct and use buildings for business purposes, such as a road-side retail building, and the duration of this scheme is at least ten years or more but shorter than fifty years. A contract of this type shall be made by a notarial deed.

In Japan, a landowner has no obligation to register a Right of lease, so that it is common that a Right of lease is not registered at the Legal Affairs Bureau.

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/english/how-to-buy-a-property-in-japan/

The ethos of trust and duty of care

Japanese business start-up consultant

All of us globally face a difficult situation because of the Covid-19 virus, which has greatly affected our working style. I have already introduced the policy of working from home with good governance.

At the beginning, it was difficult to arrange working conditions, and maintain this system, evaluation and surveillance for the staff are essential, so a daily report and an online meeting are required on a daily basis, which will become a burden for some workers. However, I prioritise the trust and duty of care among staff, and now I manage it.

Our wellbeing is also important, because our social responsibility as a legal practitioner in current society is taken into account legally and morally more than in the past one.

The number of people dying with Covid-19 virus has been declining, and the UK vaccine programme seems working, but it is better to stay vigilant.

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

The balance of our lives – Reality and talent TV shows

Japanese business start-up consultant

Nowadays, there are many different reality and talent TV shows. There are various views on these shows among TV viewers. Although it is fun to watch, it seems to me that these programmes produce the dumbing-down generation, in which especially children and adolescents are caught up in the idea that anyone can become famous.

Many early TV shows were surreal, which provided a fantasy or a view of escapism, but ones in recent years tend to fall in reality and talent TV shows whose aims are to attract many viewers. Because of this tendency, people, especially the young are fascinated by the idea that they can also achieve the similar fame one day.

Since TV was introduced, TV shows have offered a wide range of entertainment for the public. Like some quiz programmes and music shows, people on TV gave impressions they were someone special, but those trends were already developed enough, and the public wanted another aspect of entertainment. Nowadays, reality TV shows and programmes that ordinary people participate in are very popular, because viewers easily feel the sympathy, empathy and familiarity towards them.

The point mentioned above might be advantages for the TV industry because their nature is to amplify the viewers’ rate, but there are drawbacks. The more popular those shows are, the more self-centered people become. Especially, the young generations are still immature mentally, so they are easily affected by those programmes. Young adults spend too much time following the programmes on social media, applying for those ones and creating their own self-image online.

TV shows are cheap entertainment in our daily life, so there is nothing wrong with those programmes, but if people intensify their appearances and the ways they speak or sing too much, they lose the balance of their lives. TV industry should recognise not only their popularity but also their responsibility.

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/

To prevent a young person from turning to a life of crime.

Japanese business start-up consultant

The recent crime rate is basically lower than the one in the past decades, but offenders’ age is getting younger, and some of those crimes have become sophisticated, because of information technology. The most important premise is that humans are social creatures. Because of their intelligence, people are exposed to a comparison from others, discrimination and bullies.

The primary carers for young people are their family members, but being older doesn’t mean they are wise enough. Adults also feel uncertainty and unfairness in society, therefore, they sometimes put too much pressure on vulnerable children. Additionally, because of the recent changes in nuclear family structure, children at home tend to have their own room, so they run away from the pressure, and access the internet, where they collect the information about tools for crimes, drug dealers, and adult sites, which make them violent.

Furthermore, polarisation also produces lack of opportunities in life for young adults. The number of people who own their mobile is quite high, but the rate of computer holders is relatively small, which means many people can tap and scroll their smartphone screen, but they are not skilful enough to type, make documents, do programming. In the current business environment, those who cannot use computers properly cannot find a skilled and well-paid job. The absence of education creates low-skilled workers, which are easily replaced by machines.

Importantly, younger generations are still immature mentally and physically, so it is very difficult for them to control their behaviour in the current competitive world. The initial orientation should be conducted in the household, and children would feel comfort and secure at home, so the content people tend not to commit crimes.

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 https://lawhelp4u.com/blog/

The importance of empathy

Japanese business start-up consultant

The ways to communicate with others have greatly changed within a couple of decades because of the Internet, social media and SMS. It has become convenient as a tool and a wider opportunity for communication, but common decency is much more required in order to care for others.

Several decades ago, the main ways of communication were to see each other in person, to use a telephone or to write a letter, but now many people use online equipment, such as a computer, a mobile phone and a tablet. Those can be used anywhere and anytime that they choose. This tendency is likely to accelerate this year, due to the COVID-19 pandemic. We appreciate the technological development, because we don’t miss a chance of communication and shorten the time consumed.

However, people often send a message without thinking of the other’s business, which cause trouble. Because of the conveniences mentioned above, we access to the Internet too much. Some people are annoyed by emails in the night and during holiday. In addition, in some statistics, a larger number of people feel isolated, lonely and anxious than those in the past decade. Computers cannot substitute for human intimacy.

In conclusion, we should recognise there are advantages and disadvantages when we use technology, so the duty of care is essential, because all of us have different culture, lifestyle and customs. To make our communication skills smooth and efficient, empathy to others is critical.

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/

The relationship between personality and clothes

Japanese business start-up consultant

Introduction
Clothes play an important role to show their owner’s personality, because human beings definitely put on clothes most of the time. When people choose clothes, their preference greatly affects their decision, which was made by their personality.

Personality
Forming personality is complex, but even a small child shows their preference of what they wear. Additionally, please imagine when you go shopping, you firstly do window-shopping, and think which clothes are your best option, because you unconsciously know the clothes that represent yourself. We are social creatures, so we are concerned about how we are looked at by others. This subjective point of view becomes stronger when people grow older, and some older people regard people who wear clothes casually on business as inappropriate business people.

Cultural influence
From the objective point of view, culture also contributes to the way people choose their clothes. In Japan, traditional company employees wear suits on business, so it was often said there was no individual uniqueness, and this has created average middle class people. However, because of the recent westernised culture and the developed internet, people especially in the IT industry, often wear jeans, sweaters and polo shirts. When others see them, they call them cool and sophisticated, which label them as intelligent.

Conclusion
Importantly, we should not judge people’s personality by what they wear, but the clothes show the strong probability of their personality to others.

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/

To go back to basics and learn from experiences and history

Japanese business start-up consultant

Because of the situation of the Tokyo Olympics, the news about Japan is in the spotlight from time to time. In my opinion, the system of Japan is still old-fashioned and hierarchical. We, Japanese people are generally reluctant to accept changes, partly because Japan has a long and interesting history, and it respects tradition and hierarchy in a good way. However, because of this attitude, a change is unlikely to occur without external pressure, such as foreign pressure. For example, it is said that the Japanese recession, the so-called economic bubble burst started with the Plaza Accord agreement among the G-5 nations in 1985. Also, national isolation policy was abandoned when the US navy, so-called the Black Ships, arrived in Yokosuka in 1853.

The recent two news items below also still reflects this attitude.

Yoshiro Mori: Tokyo Olympics chief steps down over sexism row https://www.bbc.co.uk/news/world-asia-56020674

Japan gender equality minister opposes change on separate spouse surnames https://www.bbc.co.uk/news/world-asia-56214817

In this blog, I don’t intend to make a comment about this traditional attitude as this tradition has deeply fixed in people’s minds. All I can do is to carry on my career professionally and show my strength regardless of the difficult situation.

As a real estate lawyer, I would like to present the stamp system, which is one of the traditional ways of self-identification and representation.
Previously, I wrote about stamps in my blog.
(Japanese property system – Seal (Inkan or Hanko)) https://akikohorishihoshosilawyer.wordpress.com/2020/03/23/japanese-property-system-seal-inkan-or-hanko/

Jitsuin (実印)
Jitsuin is the official stamp for an individual, and is registered at the local council where an individual person resides. After the registration is completed, a certificate is issued. The certificate is called a seal certificate (印鑑証明書), and is used to prove to third parties that an individual legally affirms a certain action.

General practice in Japan
If a relative has a seal and the seal certificate of their family member, the relative is regarded as having rightful agency for the family member in undertaking the action.

Article 761 of the Japanese Civil Code states below.
(Joint and Several Liability for Debts incurred for Household Necessities)
If one party to a marriage engages in a legal process with a third party regarding everyday household matters, the other party shall be jointly and severally liable for debts that arise from that act; provided that this shall not apply if prior notice is given to the third party to the effect that the other party will not assume such liability.

However, the recent trend of judicial precedents is inclined to the view that it is no longer possible to say that a transaction has been concluded only because the relatives possess a registered seal and a seal certificate in a case arising from an act of agency between relatives.

In the case of acts between a husband and wife or a parent and child, the person in charge of the transaction is obliged to exercise a greater degree of care in their legal deed by investigating the existence of the right of representation and confirming the intention of the person concerned.

As a rule in business, it is necessary to confirm the intentions of the parties involved in a transaction of real property and the creation of a mortgage or other security.

The examples below are other cases in which a lawyer and other third parties in charge should confirm the intentions of the target person.

1) In the event of the property owner’s death. ➡ The heirs will need to discuss the division of assets, and a lawyer should confirm who is a legal heir.

2) The owner of the real property is a legal entity. ➡ The intention of the representative director of the organisation should be confirmed.

3) The owner of the real property is an elderly person. ➡ The court might need to be involved in the process of appointing a guardian.

4) The ownership of the real property is jointly owned. ➡ All owners needed to be confirmed.

In recent years, there have been a number of cases where people have been involved in real property fraud and have been awarded large sums of money in damages. The forgery of driving licences, passports and the registered seal certificates has become more sophisticated in recent years because of the advanced technology.

Verifying the identity of a client is not an easy task. The important thing is that no matter how much experience I have, I always need to go back to basics and carefully check the person’s identity and intention.

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/english/how-to-buy-a-property-in-japan/