2. Procedure for obtaining the approval of the Minister of Justice

(1) Outline

In order to obtain the approval of the Minister of Justice, the applicant is required to submit to the Minister a written application for approval and the documents to accompany it, for examination (Paragraphs 1 and 2, Article 9 of the "Law"). When the Minister has given his approval, he or she puts up a public notice in the Official Gazette to that effect and notifies the applicant of the approval (Paragraph 1, Article 11 of the "Law").

(2) Preliminary examination

{1} Purpose of preliminary examination

A person who intends to apply for approval may request the preliminary examination of the application prior to such application (Article 8 of the "Regulations").

The purpose of such preliminary examination is to allow the person who intends to apply for approval to submit the documents similar to those which he or she intends to submit at the time of application and let him or her know insufficiency or lacking of the documents or improper entries in them.

A person who intends to apply for approval has no obligation to ask for preliminary examination, but the taking of preliminary examination procedure will make smoother the procedures after the application for approval.

{2} Documents to be submitted

(a) Documents similar to an application form for approval The applicant for preliminary examination is required to enter the items for an application form for approval (Paragraph 1, Article 3 of the "Regulations") in a form similar to an application form for approval (Paragraph 2 of the same Article, Annexed Form No. 1) adding a clear statement that he or she requests the preliminary examination.

He or she may make such entries in a copy of the application for approval. Incidentally, forms similar to an application form for approval (REQUEST FORM FOR PRELIMINARY EXAMINATION (FOR APPROVAL)) are available at the Gaikokuho-Jimu-Bengoshi Qualification Examination Office in the Ministry of Justice.

(b) Documents similar to those to accompany an application form for approval

He or she is required to submit the documents similar to those to accompany his or her application form for approval, such as copies of the documents which he or she intends to submit at the time of application for approval as accompany to the application form for approval (Refer to (4)).

The procedure of preliminary examination is to be commenced even when some of the accompanying documents are not ready yet. But the documents similar to "STATEMENT" forms should be filled in without fail, using the forms or the copies of them. If there are any items for which entry cannot be made at the time, reasons for no entry should be stated in the columns concerned. Also, in cases where the accompanying documents are prepared in a foreign language, they are required to be attached by the translation, just as when he or she applies for approval.

{3} How to request preliminary examination

A person may request the preliminary examination by others, but, in such case, some document certifying the representation or the relationship with him or her is needed. Also, the necessary documents above may be sent by mail to the Gaikokuho-Jimu-Bengoshi Qualification Examination Office. It is supposed that all contacts and communication will be made smoother if he or she has an agent or local contacts in Japan.

{4} Fee for preliminary examination

Preliminary examination is free of charge.

(3) An application form for approval

The form of an application for approval is prescribed by the "Regulations", so, an applicant is required to prepare his or her application according to this form (Paragraph 2, Article 3 of the "Regulations", Annexed Form No.1). Application forms are available at the Gaikokuho-Jimu-Bengoshi Qualification Examination Office.


back next