(4) Documents to accompany an application form for approval (Article 4 of the "Regulations")

{1} STATEMENT

As regards this "STATEMENT", an applicant is required to use a form issued by the Minister of Justice and enter in it his or her answers to the questions regarding the following matters:

  1. matters concerning his or her experience of having engaged in practice as a lawyer in the foreign country in which he or she acquired the qualification to become such foreign lawyer (the country of acquisition of qualification), or in another foreign country.
    If he or she was employed by a Bengoshi, a Legal Profession Corporation or a Gaikokuho-Jimu-Bengoshi in Japan after acquisition of qualification of a lawyer in a foreign country and provided services to the Bengoshi, the Legal Profession Corporation or Gaikokuho-Jimu-Bengoshi, based on his or her knowledge of the law of the country of acquisition of qualification, matters concerning the provision of the services are included.
  2. matters concerning the grounds for disqualification from a Gaikokuho-Jimu-Bengoshi.
  3. matters concerning the standards listed in Item (2) of Paragraph 1 of Article 10 of the Law.
  4. matters concerning his or her will to perform his or her functions faithfully and also his or her plan, residence and financial basis for performing his or her functions properly and steadily.
  5. matters concerning his or her ability to compensate for damages which he or she may cause to his or her clients.
  6. other matters for reference.

(a) How to make entries

About how to make entries in the "STATEMENT", an applicant should follow the instructions given in the paper entitled "INSTRUCTIONS FOR MAKING ENTRIES IN "STATEMENT" FORMS".

There are two kinds of "STATEMENT" forms; Japanese and English. An applicant may use an English form and write in English. In such case, he or she must attach the Japanese translation prepared by using a Japanese form (See (5) {2}).

(b) How to obtain forms The forms of "STATEMENT" and "INSTRUCTIONS FOR MAKING ENTRIES IN "STATEMENT" FORMS" are available at the Gaikokuho-Jimu-Bengoshi Qualification Examination Office.

{2} Curriculum vitae

{3} Copy of passport, Certificate of Alien Registration or other document for identification

If an applicant is foreigner, he or she is required to attach a copy of his or her passport or Certificate of Alien Registration which he or she intends to show when he or she comes to apply for approval (See (5) 1).

If he or she is a Japanese, he or she is required to attach "Koseki tohon or shohon" (family register)etc.

{4} document verifying the acquisition of the qualification to become a foreign lawyer and the retention of such qualification at present

(a) If he or she has been registered as a foreign lawyer at present, it is required to be lodged a document issued by the authority which has the right to certify officially the date and when he or she was registered as a lawyer and the fact that such registration still remains in effect.

(b) If he or she has not been registered as a foreign lawyer at present but had once registered as a foreign lawyer, it is required to be lodged a document issued by the authority which has the right to certify officially the date when he or she was registered as a lawyer, and also, a document which certify the fact that such a qualification to become a foreign lawyer still retains. Incidentally, such document certifying the retention of the qualification is supposed to be diversified by individual, therefore, it will be advisable for him or her to consult with explaining his or her circumstances.

(c) If he or she has not been required to register to practice as a lawyer in the country of qualification to become a foreign lawyer, in such a case, it is required to be lodged a materials which verify that the registration is not necessary to practice as a lawyer and the fact that such qualification still retain in effect. Incidentally, such document certifying the retention of the qualification is supposed to be diversified by individual, therefore, it will be advisable for him or her to consult with explaining his or her circumstances.

{5} Document verifying his or her experience of having engaged in practice as a foreign lawyer after he or she acquired the qualification to become such lawyer

This must be a document which can prove that the applicant performed the legal business in his or her country of acquisition of qualification or another foreign country as a lawyer of that country, and the substance and period of his or her legal service.

It is also necessary that this document should clearly state the position of the person certifying such matters and his or her relationship with the applicant.

If he or she belonged to a law firm to perform the legal business, a certificate issued by the firm will be sufficient.

If he or she was employed by any other foreign lawyer to perform the legal business, a certificate issued by the foreign lawyer who was his or her employer will be sufficient. In exceptional circumstances under which it is difficult to submit such a certificate due to the death of the foreign lawyer, etc., other documents will be accepted, depending upon the situation.

If he or she performed the legal business in a private enterprise or a public organ of the national government or a state, etc., a certificate issued by the enterprise or the public organ will be sufficient.

If he or she was employed by a Bengoshi, a Legal Profession Corporation or a Gaikokuho-Jimu-Bengoshi in Japan and provided services to the Bengoshi, the Legal Profession Corporation or the Gaikokuho-Jimu-Bengoshi, based on his or her knowledge of the law of the country of acquisition of qualification, a certificate certifying the services issued by the Bengoshi, the Legal Profession Corporation or the Gaikokuho-Jimu-Bengoshi who was his or her employer will be sufficient. In exceptional circumstances under which it is difficult to submit such a certificate due to the death of the Bengoshi or the Gaikokuho-Jimu-Bengoshi, etc., other documents will be accepted, depending upon the situation.

{6} Sworn statements

An applicant is required to attach his or her sworn statements regarding the following matters:

  1. He or she does not come under Article 7 of the Bengoshi Law which apply mutatis mutandis pursuant to the provisions of Article 8 of the "Law".
  2. He or she does not come under Sub-Items (a) to (d)of Item (2) of Paragraph 1 of Article 10 of the "Law".
  3. He or she will perform his or her functions faithfully.

    The forms prescribed by the "Regulations" are available at the Gaikokuho-Jimu-Bengoshi Qualification Examination Office.
    Incidentally, when he or she comes to apply for approval, he or she is required to read aloud the sworn statements in Japanese or in English and sign before the official in charge (Article 6 of the "Regulations").

{7} Document verifying that an applicant has a plan, dwelling house and financial basis to perform his or her functions properly and steadily

He or she is required to attach the following documents, according to the intended form of operation of his or her practice:

As regards residence, he or she can apply for approval even when he or she has not yet ensured to have a dwelling house. However, the approval shall not be given to him or her until he or she ensures to have it. In such case, he or she is required to state the request and his or her circumstances.

(a) When he or she intends to perform his or her practice by being employed by a Japanese Bengoshi, a Legal Profession Corporation or a Gaikokuho-Jimu-Bengoshi:

  1. Document, such as employment contract, which clearly shows the period of employment, salary, working conditions, etc.
  2. Statement by his or her employer which describes an outline of his or her office (personnel, substance of business, etc.) and reason for employment.
  3. Document which clearly shows that his or her employer afford to pay salaries.( Example : the certificate from C.P.A. )
  4. Document which clearly shows that he or she has kept his or her dwelling house, such as a lease contract, etc.
  5. Document which clearly shows that he or she can bear the expenses for his or her stay for the time being.

(b) When he or she intends to perform his or her practice by establishing his or her office by himself or herself:

  1. Document, such as contract, which clearly shows that he or she has kept his or her office space.
  2. Document which clearly shows that he or she has the fund to prepare for the opening of the practice (example : the certificate of balances of bank deposits, certification by the law firm to be responsible for the payment, etc., or the document which clearly shows the financial ability of it prepared by the certified public accountant in charge).
  3. Document which clearly shows that he or she has kept his or her dwelling house, such as a lease contract, etc.
  4. Document which clearly shows that he or she can bear the expenses for his or her stay for the time being.

(c) When he or she intends to perform the legal business by joint enterprise with other Gaikokuho-Jimu-Bengoshi:

  1. Document which clarifies the conditions of joint enterprise, such as the ratio of sharing the income and expenditures, etc. (example: contract).
  2. Document, such as contract, which clearly shows that he or she has kept his or her office space.
  3. Document which clearly shows that he or she has the fund to prepare for the opening of the practice (example the certificate of balances of bank deposits, certification by the law firm to be responsible for the payment, etc., or the document which clearly shows the financial ability of it prepared by the certified public accountant in charge).
  4. Document which clearly shows that he or she has kept his or her dwelling house, such as a lease contract.
  5. Document which clearly shows that he or she can bear the expenses for his or her stay for the time being.

(d) When he or she intends to perform the practice by other forms of operation: Documents similar to those mentioned in (a) to (c) above, according to the form of operation.

{8} Document verifying that an applicant has the ability to compensate for damages which he or she may cause to his or her clients

For example, when he or she intends to compensate for such damages with the assets he or she has in Japan, a certificate of the appraisal value of such assets and, when he or she concludes an insurance contract and intends to compensate for damages by the insurance, a certificate concerning the conclusion of the insurance contract, or, when he or she intends to compensate for damages with the assurance of his or her law firm, a letter of assurance, etc. issued by the firm will be sufficient as such document respectively.

Incidentally, if an insurance contracted by the law firm which he or she belongs to will apply the case in Japan, it is required to be mentioned about that in a guarantee letter or to be lodged the document related.

{9} Other documents for reference

As a general rule, the documents mentioned in {1} to {8} above will be sufficient, but, in some exceptional cases, he or she may be requested to submit additional documents.


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