The Act for Prevention of Transfer of Criminal Proceeds and Identification Requirement:

In Japan, when requesting a judicial scrivener to act as an agent for filing an application for registration of incorporation, a “document to verify personal identity” must be presented. This requirement is mandated by the “Act for Prevention of Transfer of Criminal Proceeds” to prevent money laundering and financing terrorist related activities. It’s important to note that this identification requirement applies to both Japanese nationals and foreign nationals.

RSM Shiodome Partners is able to provide such services in compliance with the law. When filing an application for registration of incorporation on behalf of clients, they ask for a copy of the clients ‘driver’s license or other identification documents and keep the copy at their office. Additionally, their judicial scriveners verify the clients’ identity either in person or by telephone before submitting the registration documents to the authorities.
 

Procedures requiring the presentation of identification documents:

There are certain cases where the presentation of identification documents is required when a judicial scrivener handles actions on behalf of clients. Examples of such cases include:

(1) Actions or procedures related to sale or purchase of residential land or buildings.

(2) Actions or procedures related to incorporation, reorganization, merger, company split, share exchange, share transfer, amendment of articles of incorporation, or changes in representative directors or directors of a company.

(3) Management or disposition of cash, deposits, securities, and other property exceeding 2 million yen, except for specific acts such as payment of taxes, fines, penalties, or when managed or disposed as a duty by a court or competent authority-appointed person, such as a guardian of an adult.

Identity verification is performed by a judicial scrivener, as well as by other legal professionals such as administrative scriveners, attorneys, tax accountants, or certified public accountants, depending on the nature of the procedures. When these actions are performed by attorney lawyers, the requirement for identity verification follows the rules set by the Japan Federation of Bar Associations, which are equivalent to the verification process of other legal professionals, such as administrative scriveners.
 

Samples of Identity Verification Documents:

The identity verification documents required may vary depending on whether the services are requested by an individual client or a legal entity or company.

(1) When services are requested by an individual client, examples of identity verification documents include a driver’s license, health insurance card, residence card, My Number card, or passport.

(2) When services are requested by a legal entity or company, identity verification documents include the Corporate Registry or Corporate Seal Certificate, along with any personal document listed in section (1) of a representative member of the legal entity or company.

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