 At first,
the following business is mainly served in our office.
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・Inheritance
・Real property registration
・Commercial registration
・Succession of a business
・Deposit
・Court decision proceeding
・Guardianship proceeding
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Inheritance
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An heir succeeds to rights and obligations from a decedent. When a problem of succession has happened, like having trouble between the heirs, even if it's rushed then, it's sometimes already too late.
Depending on cases, statement to a domestic relations court might be needed. We recommend you preliminary preparations and please contact us rather early.
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A judicial scrivener contributes to protect fundamental human rights of citizen by applying change in relation of rights for registration correctly in cases like the above.
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Real property registration
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Lands and buildings are our valuable assets and they are the objects of dealings. But if you don't know important information about the real property such as bellow, you will not be willing to pay money at ease.
-where a real estate is located?
-Who is an owner of it?
-Who is a mortgagor of it?
-What kind of mortgage is on a real estate?
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So Japanese registration system publicly notifies the relation of the rights to secure the rights of citizens by providing for a system concerning registrations to be made to notify the public of descriptions of real property and rights relating to real property,
thereby contributing to the safe and smooth conduct of transactions.
On this system, in this registry book, physical change in current state of real estate is ruled as a deputy by Lands and houses examiner and so does by judicial scrivener about a change in relation of right.
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Concrete illustration in which change happens regarding relation of right:
When you purchase real property:
Ownership transfer from the vender to the purchaser
Creditor arranges a mortgage to debtor's real estate
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When you pay the price of the same to the relevant mortgage of housing loan:
Extinguishment of security interest
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When an owner of real estate passed away:
Ownership transfer from a decedent to heirs
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Commercial registration
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The purpose of this registration system is to maintain the credibility of trade names, companies and other prescribed matters. By establishing a registration system, so as to notify the public of the matters to be registered pursuant
to the provisions of the Commercial Code, the Companies Act or any other Acts as well as to contribute to the safe and smooth conduct of transactions. A company is obligated to list the name of trade, the address of the head office and branch office,
the amount of capital, and the names of the directors which are the matters should be registered on the Commercial Registration Act.
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Illustration of circumstances in which registration is required:
-When you establish a company
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-When you change directors
-When you change the name of the company or trade name
-When there is a change of the business purpose
-When you move the head office or the branch office moves to a new address
-When a capital is increased
-When a company was dismissed
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Except for a company, medical corporation, incorporated school, religious corporation and consumers' cooperative and agricultural common association are required to follow a registration system so as to notify the public of the matters to be registered.
A judicial scrivener advises these all kinds' corporation on right procedures and proper registration.
It's also a part of judicial scrivener's job to apply for commercial registry for a person concerned.
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Succession of business
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It's difficult for proprietors to find a successor and to bring up.
And even though there is a successor, they sometimes fail in smooth succession of business.
Succession of a business needs considerable lead time, but we give advice to evade bad influence to management and relative's feud.
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Deposit
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There are some cases in which a debtor doesn't know how to perform a relevant debt.
And there are some cases a creditor refuse to receive a performance of a credit.
If a creditor refuses, or is unable, to accept the performance, the person who can make the performance may be relieved from his/her debt by depositing the subject-matter of the performance with a deposit office (legal affairs bureau or district legal affairs bureau).
The same shall apply in cases the performer is unable to ascertain the creditor without any negligence on the part of the performer.
A judicial scrivener will help a debtor discharge of a debt by surrogating deposits.
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Deposit is a system designed to accomplish a certain legal objective by having a person entrust a sum of money or negotiable securities with a deposit office (legal affairs bureau or district legal affairs bureau) to guarantee the performance of his or her obligation and ultimately by having the other party who is entitled to that property acquire the money from the deposit office.
Any person who wishes to make a deposit can easily do so by presenting a deposit card (which enables them to make a large number of deposits at the same time). In addition , an online application system of deposits has also been implemented at all deposit offices.
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Refer to the site of the Ministry of Justice Civil Affairs Bureau
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Paperwork for judicial decision
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That's one of business for a judicial scrivener to make a complaint, written answer, or any other brief that will be needed in court decision proceeding for a person concerned.
And based on revised Judicial Scrivener Act carried out on April 1, 2003, authorized judicial scrivener who has finished the training designated by the Minister of Justice can be
an agent in the procedure by which reconciliation before a civil suit, appeal raising, payment pressing, civil preservation, evidence preservation, civil arbitration in summary court,
and reconciliation in trial outside regarding of the amount charged about the civil disturbance of less than 1,400,000.
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Guardian of adult
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With respect to any person who constantly lacks the capacity to discern right and wrong due to mental disability,
the Family Court may order the commencement of guardianship at the request.
A judicial scrivener supports the person whose ability for judgment isn't enough.
Depending on the judgment ability, a judicial scrivener assumes to be a guardian, a curator, and an assistant to protect a person himself from disadvantages.
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You want to sell a land and a building which are your valuable properties but it seems to be difficult and you worry about it.