Sunday, June 1, 2014

Company Registration Process in Japan

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S & F CONSULTING FIRM LIMITED is an international business/ company registration consultancy firm.
Foreign Company Registration (100% Foreign Investment, Joint Venture, Virtual/ Branch/ Liason Office, Foundation), Taxation, Accounts & Audit, Legal, Company Secretarial & Management Consultancy.
Company Registration/ Formation/ incorporation in Japan, Foreign Direct Investment in Japan-FDI, FDI in Japan, Doing Business in Japan
Company Formation / Registration in Japan
A foreign company or entrepreneurs can set up a business presence in Japan in one of following 4(four) forms:
• Representative Office
• Branch Office
• Subsidiary Company
• Limited Liability Partnership (LLP)

Representative Office:
Representative offices are generally established for carrying out market research & liaison activities on behalf of head office. It does not allow to conduct commercial business activities in Japan and no registration is required at the legal affairs bureau nor be subjected to corporate tax under Japanese tax laws, except banking or security business.

Branch Office
The simplest mode for a foreign company to establish a legal entity for commercial business operations in Japan is to set up a branch office. In terms of the range of business activities allowed, there are no basic differences between branch office and domestic corporations. Taxed on branch income only but rate is same as local co. For registration there is no requirement to establish statutory officers / management body, it only needs a local address & a Representative in Japan (must be a resident of Japan). In general, transfer of operational funds between the branch and its head office can be made without restrictions, and is not subject to withholding tax.

Subsidiary Company
A foreign company willing to establish a subsidiary company may choose from the followings:
(a) Joint-stock corporation (Kabushiki-Kaisha) [K.K.]
(b) Limited Liability Company (LLC) (Godo-Kaisha) [G.K.] or similar entity stipulated by Japan's Companies Act.

A subsidiary is a separate legal entity from the foreign company, therefore foreign company will bear the liability of an equity participant stipulated by law for all debts and credits generated by the activities of the subsidiary. Minimum requirement for establishing a subsidiary co in Japan is to have a local address (not PO Box) & a local resident director.

Limited Liability Partnership (LLP) 
A limited liability partnership (LLP), is not a corporation, but a partnership formed only by the equity participants, who have limited liability. Taxes are levied on profits allocated to equity participants but no tax on LLP. The format is normally used for carrying out a time bound project.

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Tokyo, Japan