Employers’ duties of care

Japanese business start-up consultant

In the past, employees had little right to insist on improving their working conditions. However, in recent years, this view has become outdated, and the responsibility for employers has been increasing, so that employers should consider how to let their employees work happily and vigorously.

The most important thing is that employers should value employees as people, because that is a fundamental recognition when working with a group of people in the business environment. Nowadays, the boundary between work and private life is getting vague, as the Internet allows people to work anywhere and anytime. Setting a certain rule under corporate governance is necessary, but if workers are willing to work, they can achieve a good result.

Although the point above is essential, establishing good communications between managers and players would be a productive and practical tool. Verbal communication is inevitable to proceed a project, so when managers create a close relationship with their team by talk, they can find a potential problem before it becomes serious. That also enables them to cut unnecessary legal cost.

To summarise the points above, when employers regard their employees as a valuable asset of their organisations, employees are likely to work hard to boost their outcomes. To do so, a dialogue between both parties is necessary and when they can communicate smoothly and efficiently, employers can ensure their employees keep happy and motivated.

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/

When starting something.

Japanese business start-up consultant

When starting something, we are motivated and have a partner to help us, as a result, it is rather easy to boost it even though there are some hurdles. As always, it is hard to turn “0” into “1”, but if we have ambition, there is a strong likelihood of us getting through it.

On the other hand, when deciding to terminate something, we tend to put it off as long as possible, because we are feeling demotivated and it is often the case that there can be a falling out or a break-up behind it.

These things above are normal in business and in everyday life even, so I strongly recommend you consider in advance how you manage your affairs and cope with a thing when facing a difficulty.

You might say that “If I act in this way, nobody can start anything.”, and it is a fair comment. However, I see a lot of business owners who have a solid business plan with a risk management approach to the future, and who anticipate an unforeseeable event, and prepare for the future to some extent, even before a risk arises.

Motivation and no plan have different words and meanings.
Ambition and recklessness also have different meanings.

It is up to each individual to decide how to proceed if an event happens.
You don’t need to get upset with what I say.

I believe that the most important thing is to trust yourself.
However, there are many risks that can be avoided by being a little more careful.
Being careful in any situation and more aware of the people around you can save yourself from a lot of risks in the future.

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/

Care for others

Japanese business start-up consultant

Life in recent years is quite different than it was decades ago. In many urban cities, sharing a flat or living in a single family unit is quite common, because, in my opinion, people are likely to focus on their privacy and independence. Many people go to urban areas to seek better life, work and entertainment. When people do so, they leave their parents in their hometown and live on their own.

In comparison, when different generations of one family live together, they can reduce the cost of living, which is one advantage. This is because the family only pays one real property tax or rent, shares food and buys daily products together. While a child is small, its mother or father can easily ask for babysitting from other family members. However, as a disadvantage, there is less privacy. A problem easily arises especially between non-biological family members.

The family is the most trustworthy and reliable institution. People sometimes forget about the kindness, hospitality and respect among close human relationships, because they are too close and easily find bad habits, disadvantages and so on. The most important thing is to care for others in human relationship.

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 current language learning system in Japan and recommendations for the future improvement

Japanese business start-up consultant

The current norm
In Japan, English is regarded as a second language, so school pupils aged 11 start their English learning at school as a compulsory subject. At the same time, because of the current globalisation, many parents are very keen on their children learning English, and private tuition, such as cram schools and foreign institutions are very popular.

Likely learning methods and a tendency
The idea about learning foreign languages in the early stage of their childhood is effective because of children’s language development, but schools normally focus their students on their grammatical skills, so they tend to rely on paper-based materials. In addition, those textbooks hardly update, so some grammar and vocabulary are old-fashioned. Some private organisations invite native teachers from abroad, but the number of those is very small, thus, the tuition fee tends to be expensive.

Recommendations for improving language learning
To have a good command of English is essential under the current circumstances, so that children deserve a chance to communicate with native English speakers. To do so, online learning would be useful as well as learning at institutions. If children can access the online courses under adult supervision, that would be a great interactive way of improving their communication.

Conclusion
A basic knowledge of learning theories is essential, but not the only consideration, as practical skills are also important. What I would like to emphasise in this report is the balance between traditional methods and practical skills. When schools and organisations consider this point, children can be more sufficient language learners.

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 family history in Japan

Japanese business start-up consultant

The family record is an official document in Japan that is kept in the local council that stores all changes in family structure from birth to death. Local councils hold records for all births, marriages and deaths for Japanese nationals from 1886. There are much older family records in Japan, but there was no standard format throughout the country, so it is not possible to collect them.

The problem is that those current family records do not state the complete contents of a single family register. When people get married, applied to change, etc., their family records are newly created or transferred. Also, when a local council is revised due to amendments under the Family Registration Law, extra documents could be collected. A family register from birth to death means going back through the decedent’s family record and collecting all the family registers.

In Japan, under the Civil Code, an inheritance directly passes to the heirs upon the death of the deceased, so it is essential to know who the right heirs are. Original records data are written in Japanese only, so when I collect them, I create a family tree chart.

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://akikohorishihoshosilawyer.wordpress.com/category/inheritance-law-in-japan/

The Dual Agency system in Japan

Japanese business start-up consultant

In Japan, it is common and legally permitted for an estate agent to represent both purchaser and seller in real estate sales transaction. It is called “Dual Agency”.

When an estate agent deals with a real estate sales transaction under the Dual Agency system, the agent can obtain a brokerage fee from both the purchaser and seller, so that many such cases can be seen, especially as major estate agencies positively try to establish a transaction of this type.

The strength of Dual Agency is that both purchaser and seller can expect quick response and a grasp of details concerning the property because only one estate agent is being consulted about the real estate sale transaction and a purchaser can get more detailed information than if two estate agents dealt with the case.

However, a drawback of Dual Agency is that an estate agent might push a seller to reduce the price of their property to make sure quickly of securing the large brokerage fee revenue from both purchaser and seller on the conclusion of the sales contract. It might be an unfavourable transaction for a seller.

It is also common that a Shihoshoshi lawyer, the transactional lawyer for a real estate transaction represents both purchaser and seller and an estate agent generally specifies a particular Shihoshoshi lawyer for the transaction. It is called “Dual Lawyer”.

In some cases, a special clause, such as “the seller should be represented by a designated Shihoshoshi lawyer, specified by the seller or the estate agent for the procedure for transfer of the ownership” is written on sales and purchase agreement. If there is no special clause about a designated Shihoshoshi lawyer in the sales and purchase agreement, it is likely a buyer can choose any lawyer for the procedure for transfer of the ownership. Generally speaking, especially in Tokyo, a buyer pays all the costs of the procedure for transfer of the ownership for the real estate sales transaction. Because of that, a buyer can choose which lawyer to consult for the transaction.

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 languages I speak

Japanese business start-up consultant

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

Japanese business start-up consultant

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.

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/legal-advice-for-business-in-japan/

The disclaimer process to the Japanese family court.

Japanese business start-up consultant

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.

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/%e6%a5%ad%e5%8b%99%e6%a1%88%e5%86%85/%e7%9b%b8%e7%b6%9a%e7%99%bb%e8%a8%98/

The effects of mobile phones and other technological equipment for young children.

Japanese business start-up consultant

Firstly, the word “young children” has a wide meaning, so I would like to make it clear I mean the children between aged 5-10 group and 11-17 group.

Children aged 5-10 are still small, and it would be hard for them to decide what is right and wrong properly, so using their own mobile phone is not ideal in any circumstances unless under adults’ supervision. In addition, children’s eyesight might be badly affected by the blue light which is beamed by mobile phones. The physical health of children in this age group should come first.

Although the health issue mentioned above should be prioritised for the children whose age is 11 to 17, but they are growing physically and mentally, so using their own device to some extent is needed for their social development nowadays, because many children have their own mobile as their communication tool. Getting used to the technological equipment might be useful when they become old enough, because most of the current systems are set up by computers and technology.

All of us should take account of the balance between the modern lifestyle and recent innovations. Adults have a responsibility both for children’s wellbeing and their technological interaction, and a flexible approach for young children is worth considering.

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/