Act on Guardianship Registration, etc.

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=2335
Published: 2011

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Act on Guardianship Registration, etc.

(Purpose)

Article 1 Registration of guardianship (limited to guardianship which commences pursuant to a ruling for the commencement of guardianship; the same shall apply hereinafter), curatorship, and assistance provided in the Civil Code (Act No. 89 of 1896), and registration of voluntary guardianship contracts provided in the Act on Voluntary Guardianship Contract (Act No. 150 of 1999) (hereinafter collectively referred to as "Guardianship Registration, etc."), shall be governed by the provisions of this Act in addition to the provisions of other laws and regulations.

(Registry Office)

Article 2 (1) Affairs concerning Guardianship Registration, etc. shall be administered by the Legal Affairs Bureau or District Legal Affairs Bureau, the branch bureau thereof, or the branch office of any of those bureaus, which is designated by the Minister of Justice (referred to as a "Designated Legal Affairs Bureau, etc." in the following Article).

(2) The designation referred to in the preceding paragraph must be made by means of public notice.

(Registrar)

Article 3 Affairs to be administered at a registry office shall be handled by a legal affairs officer who works at a Designated Legal Affairs Bureau, etc. and who is designated by the Director of the relevant Legal Affairs Bureau or the District Legal Affairs Bureau, as a registrar.

(Registration of Guardianship, etc.)

Article 4 (1) Registration of guardianship, curatorship or assistance (hereinafter collectively referred to as "Guardianship, etc.") shall be made, upon commission or application, by recording the following particulars in a file of Guardianship Registration, etc. on a magnetic disc (including any item that can record certain particulars securely by equivalent means; the same shall apply in Article 9):

(i) the type of Guardianship, etc., the court that made a ruling for commencement, the indication of the case of such ruling, and the full date on which the ruling became final and binding;

(ii) the name, date of birth, address, and registered domicile (in the case of a foreign national, nationality) of the adult ward, the person under curatorship or the person under assistance (hereinafter collectively referred to as the "Adult Ward, etc.");

(iii) the name and address of the guardian of an adult, the curator or the assistant (hereinafter collectively referred to as the "Guardian of an Adult, etc.");

(iv) if a supervisor of a guardian of an adult, a supervisor of a curator or a supervisor of an assistant (hereinafter collectively referred to as a "Supervisor of a Guardian of an Adult, etc.") is appointed, the name and address thereof;

(v) if any acts are specified as acts which require the consent of the curator or assistant, such acts;

(vi) if the curator or assistant is vested with the authority of representation, the scope of such authority;

(vii) if it is provided that several Guardians of an Adult, etc. or several Supervisors of a Guardian of an Adult, etc. should exercise authority jointly or by assuming the affairs assigned to them separately, a statement of such provision;

(viii) when Guardianship, etc. has terminated, the grounds for and date of the termination;

(ix) if a provisional order prior to a ruling is issued to suspend the performance of duties by the Guardian of an Adult, etc. or by the Supervisor of a Guardian of an Adult, etc. pursuant to Article 127, paragraph (1) of the Domestic Relations Case Procedure Act (Act No. 52 of 2011) (including the cases where applied mutatis mutandis pursuant to paragraph (5) of said Article, and Articles 135 and 144 of said Act), a statement of such fact;

(x) if a provisional order prior to a ruling is issued to appoint an acting representative person of the Guardian of an Adult, etc. or of the Supervisor of a Guardian of an Adult, etc. pursuant to the provisions provided in the preceding item, the name and address of such person; and

(xi) the registration number.

(2) Registration of a provisional order prior to a ruling under Article 126, paragraph (2), Article 134, paragraph (2) or Article 143, paragraph (2) of the Domestic Relations Case Procedure Act (hereinafter collectively referred to as a "Guardianship Order, etc.") shall be made, upon commission or application, by recording the following particulars in a file of Guardianship Registration, etc.:

(i) the type of Guardianship Order, etc., the court that made a provisional order prior to a ruling, the indication of the case of such provisional order prior to a ruling, and the date on which the provisional order became effective;

(ii) the name, date of birth, address, and registered domicile (in the case of a foreign national, nationality) of the person who was ordered to be subject to the guardianship, curatorship or assistance of an administrator of property (hereinafter collectively referred to as the "Principal of a Guardianship Order, etc.");

(iii) the name and address of the administrator of property;

(iv) any acts specified by a provisional order prior to a ruling under Article 143, paragraph (2) of the Domestic Relations Case Procedure Act, as acts which require the consent of the administrator of property;

(v) when the Guardianship Order, etc. has ceased to be effective, the grounds for and date of loss of the effect; and

(vi) the registration number.

(Registration of Voluntary Guardianship Contract)

Article 5 Registration of a voluntary guardianship contract shall be made, upon commission or application, by recording the following particulars in a file of Guardianship Registration, etc.:

(i) the name and office of the notary who created a notarial deed regarding the voluntary guardianship contract, as well as the number and date of creation of the notarial deed;

(ii) the name, date of birth, address, and registered domicile (in the case of a foreign national, nationality) of the mandator under the voluntary guardianship contract (hereinafter referred to as the "Principal of a Voluntary Guardianship Contract");

(iii) the name and address of the mandatary of voluntary guardianship or voluntarily appointed guardian;

(iv) the scope of the authority of representation of the mandatary of voluntary guardianship or voluntarily appointed guardian;

(v) if it is provided that two or more voluntarily appointed guardians should exercise authority jointly, a statement of such provision;

(vi) if a supervisor of a voluntarily appointed guardian is appointed, the name and address of such supervisor, as well as the date on which the ruling of appointment thereof became final and binding;

(vii) if it is provided that two or more supervisors of a voluntarily appointed guardian should exercise authority jointly or by assuming the affairs assigned to them separately, a statement of such provision;

(viii) when the voluntary guardianship contract has terminated, the grounds for and date of the termination;

(ix) if a provisional order prior to a ruling is issued to suspend the performance of duties by the voluntarily appointed guardian or by the supervisor of the voluntarily appointed guardian pursuant to Article 127, paragraph (1) of the Domestic Relations Case Procedure Act as applied mutatis mutandis pursuant to Article 225 of said Act, a statement of such fact;

(x) if a provisional order prior to a ruling is issued to appoint an acting representative person of the supervisor of the voluntarily appointed guardian pursuant to the provisions provided in the preceding item, the name and address of such person; and

(xi) the registration number.

(Compilation of Records in Files of Guardianship Registration, etc.)

Article 6 With regard to the compilation of records in files of Guardianship Registration, etc., records of registration of Guardianship, etc. shall be compiled for each ruling for commencement of Guardianship, etc., those of registration of Guardianship Orders, etc. shall be compiled for each Guardianship Order, etc., and those of registration of voluntary guardianship contracts shall be compiled for each voluntary guardianship contract.

(Registration of Change)

Article 7 (1) When a person set forth in each of the following items who is recorded in each record in a file of Guardianship Registration, etc. (hereinafter referred to as a "Registration Record") comes to know that there has been a change to any of the particulars specified respectively in these items, such person must file an application for registration of change, except where the registration is to be made upon commission:

(i) any of the persons provided in Article 4, paragraph (1), items (ii) through (iv): the particulars set forth in the respective items of said paragraph;

(ii) the acting representative person provided in Article 4, paragraph (1), item (x): the particulars set forth in said item;

(iii) the person provided in Article 4, paragraph (2), item (ii) or item (iii): the particulars set forth in the respective items of said paragraph;

(iv) the person provided in Article 5, item (ii), item (iii) or item (vi): the particulars set forth in the respective items of said Article; and

(v) the acting representative person provided in Article 5, item (x): the particulars set forth in said item.

(2) When there has been a change to any of the particulars specified in the items of the preceding paragraph, a relative of an Adult Ward, etc., a relative of the Principal of a Guardianship Order, etc., a relative of the Principal of a Voluntary Guardianship Contract, or any other interested person may file an application for registration of change, except where the registration is to be made upon commission.

(Registration of Termination)

Article 8 (1) When any of the persons set forth in paragraph (1), item (i) of the preceding Article who is recorded in a Registration Record pertaining to Guardianship, etc. comes to know that the Adult Ward, etc. has died, such person must file an application for registration of termination.

(2) When any of the persons set forth in paragraph (1), item (iv) of the preceding Article who is recorded in a Registration Record pertaining to a voluntary guardianship contract comes to know that the voluntary guardianship contract has terminated due to the death of the Principal of the Voluntary Guardianship Contract or on any other grounds, such person must file an application for registration of termination, except where the registration is to be made upon commission.

(3) When Guardianship, etc. or a voluntary guardianship contract has terminated, a relative of the Adult Ward, etc., a relative of the Principal of the Voluntary Guardianship Contract, or any other interested person may file an application for registration of termination, except where the registration is to be made upon commission.

(Closure of Registration Record)

Article 9 When a registrar has made registration of termination, the registrar must close the Registration Record and include it in a closed registration file on a magnetic disk, as a closed Registration Record.

(Issuance of Certificate of Registered Matters)

Article 10 (1) Any person may file a request with a registrar for the issuance of a document certifying the particulars recorded in a file of Guardianship Registration, etc. (if there is no such record, a statement of such fact; hereinafter this document shall be referred to as a "Certificate of Registered Matters") with regard to the following Registration Records:

(i) a Registration Record representing that the requesting person is an Adult Ward, etc. or the Principal of a Voluntary Guardianship Contract;

(ii) a Registration Record representing that the requesting person is a Guardian of an Adult, etc., a Supervisor of a Guardian of an Adult, etc., a mandatary of voluntary guardianship, a voluntarily appointed guardian or a supervisor of a voluntarily appointed guardian (including those who have resigned from these offices);

(iii) a Registration Record representing that the spouse or a relative within the fourth degree of kinship of the requesting person is an Adult Ward, etc. or the Principal of a Voluntary Guardianship Contract;

(iv) a Registration Record representing that the requesting person is an acting representative person of a Guardian of an Adult, etc., Supervisor of a Guardian of an Adult, etc. or supervisor of a voluntarily appointed guardian (including those who have resigned from these offices);

(v) a Registration Record representing that the requesting person is the Principal of a Guardianship Order, etc.;

(vi) a Registration Record representing that the requesting person is the administrator of property (including those who have resigned from this office); and

(viii) a Registration Record representing that the spouse or a relative within the fourth degree of kinship of the requesting person is the Principal of a Guardianship Order, etc.

(2) Each of the persons set forth in the following items may file a request with a registrar for the issuance of a Certificate of Registered Matters with regard to the Registration Records specified respectively in these items:

(i) a guardian of a minor or a supervisor of a guardian of a minor: a Registration Record representing that the guardian of the minor is an Adult Ward, etc., the Principal of a Guardianship Order, etc. or the Principal of a Voluntary Guardianship Contract;

(ii) a Guardian of an Adult, etc. or Supervisor of a Guardian of an Adult, etc.: a Registration Record representing that the Adult Ward, etc. is the Principal of a Voluntary Guardianship Contract; and

(iii) the mandatary of voluntary guardianship under a registered voluntary guardianship contract: a Registration Record representing that the Principal of the Voluntary Guardianship Contract is an Adult Ward, etc. or the Principal of a Guardianship Order, etc.

(3) Any person may file a request with a registrar for the issuance of a document certifying the particulars recorded in a closed registration file (if there is no such record, a statement of such fact; hereinafter this document shall be referred to as a "Certificate of Registered Particulars in a Closed Record") with regard to the following closed Registration Records:

(i) a closed Registration Record representing that the requesting person was an Adult Ward, etc. or the Principal of a Voluntary Guardianship Contract;

(ii) a closed Registration Record representing that the requesting person was a Guardian of an Adult, etc., a Supervisor of a Guardian of an Adult, etc., a mandatary of voluntary guardianship, a voluntarily appointed guardian or a supervisor of a voluntarily appointed guardian;

(iii) a closed Registration Record representing that the requesting person was an acting representative person of a Guardian of an Adult, etc., Supervisor of a Guardian of an Adult, etc. or supervisor of a voluntarily appointed guardian;

(iv) a closed Registration Record representing that the requesting person was the Principal of a Guardianship Order, etc.; and

(v) a closed Registration Record representing that the requesting person was the administrator of property.

(4) An heir or any other successor may file a request with a registrar for the issuance of a Certificate of Registered Particulars in a Closed Record with regard to a closed Registration Record representing that the decedent or any other predecessor was an Adult Ward, etc., the Principal of a Guardianship Order, etc. or the Principal of a Voluntary Guardianship Contract.

(5) Officials of the national or local governments may file a request with a registrar for the issuance of a Certificate of Registered Particulars or a Certificate of Registered Particulars in a Closed Record if they need such certificates in the course of duties.

(Fees)

Article 11 (1) The following persons must pay fees in an amount as specified by Cabinet Order in consideration of commodity price levels, actual costs required for registration and for the issuance of a Certificate of Registered Particulars, etc., and any other circumstances concerned:

(i) a person who commissions registration;

(ii) a person who applies for registration; and

(iii) a person who requests the issuance of a Certificate of Registered Particulars or a Certificate of Registered Particulars in a Closed Record.

(2) The payment of fees referred to in the preceding paragraph must be made by means of revenue stamps; provided, however, that such payment may be made in cash as provided by Ordinance of the Ministry of Justice when a person commissions or applies for registration or requests the issuance of a certificate as referred to in the items of the preceding paragraph by using an electronic data processing system provided in Article 3, paragraph (1) of the Act on Use of Information and Communications Technology in Administrative Procedure (Act No. 151 of 2002) pursuant to Article 3, paragraph (1) of said Act.

(Exclusion from Application of the Administrative Procedure Act)

Article 12 The provisions of Chapters II and III of the Administrative Procedure Act (Act No. 88 of 1993) shall not apply to a disposition made by a registrar.

(Exclusion from Application of the Act on Access to Information Held by Administrative Organs)

Article 13 The provisions of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999) shall not apply to a file of Guardianship Registration, etc. or a closed registration file.

(Exclusion from Application of the Act on the Protection of Personal Information Held by Administrative Organs)

Article 14 The provisions of Chapter IV of the Act on the Protection of Personal Information Held by Administrative Organs (Act No. 58 of 2003) shall not apply to the retained personal information (meaning the retained personal information provided in Article 2, paragraph (3) of said Act) which is recorded in a file of Guardianship Registration, etc. or a closed registration file.

(Request for Administrative Review)

Article 15 (1) A person who considers a disposition made by a registrar to be unjust may file a request for review with the Director of the supervisory Legal Affairs Bureau or District Legal Affairs Bureau.

(2) A request for review must be made by submitting a written request for review to a registrar.

(3) When a registrar finds a request for review to be well-grounded, the registrar must make a reasonable disposition.

(4) When a registrar finds a request for review to be groundless, the registrar must refer the case, with opinions, to the Director of the supervisory Legal Affairs Bureau or District Legal Affairs Bureau within three days from the date of the request.

(5) When the Director of the Legal Affairs Bureau or District Legal Affairs Bureau finds a request for review to be well-grounded, the director shall order the registrar to make a reasonable disposition, and must give notice of this to the person who made the request for the review and to any other interested person.

(Exclusion from Application of the Administrative Appeal Act)

Article 16 The provisions of Article 14, Article 17, Article 24, the proviso to Article 25, paragraph (1), Article 34, paragraphs (2) through (7), Article 37, paragraph (6), Article 40, paragraphs (3) through (6) and Article 43 of the Administrative Appeal Act (Act No. 160 of 1962) shall not apply to a request for review referred to in paragraph (1) of the preceding Article.

(Delegation to Cabinet Order)

Article 17 In addition to what is provided for in this Act, the necessary particulars concerning Guardianship Registration, etc. shall be provided by Cabinet Order.

Supplementary Provisions [Extract]

(Effective Date)

Article 1 This Act shall come into effect as of April 1, 2000; provided, however, that Article 8 of the Supplementary Provisions shall come into effect as of the date of promulgation of this Act or the date of promulgation of the Act to Rearrange Related Laws upon Enforcement of the Act on Access to Information Held by Administrative Organs (Act No. 43 of 1999), whichever comes later.

(Transitional Measures Concerning Interdicts and Limited Interdicts)

Article 2 (1) A person who shall be deemed to be an adult ward, a guardian of an adult or a supervisor of a guardian of an adult pursuant to Article 3, paragraph (1) of the Supplementary Provisions of the Act for Partial Revision of the Civil Code (Act No. 149 of 1999; hereinafter referred to as the "Civil Code Revision Act"), or the spouse or a relative within the fourth degree of kinship of such person who shall be deemed to be an adult ward, may file an application for registration of guardianship, as provided by Cabinet Order.

(2) A person who shall be deemed to be a person under curatorship or curator thereof pursuant to Article 3, paragraph (2) of the Supplementary Provisions of the Civil Code Revision Act, or the spouse or a relative within the fourth degree of kinship of such person who shall be deemed to be a person under curatorship, may file an application for registration of curatorship, as provided by Cabinet Order.

(3) Where registration of change or registration of termination is commissioned with regard to a person who shall be deemed to be an adult ward or person under curatorship pursuant to Article 3, paragraph (1) or paragraph (2) of the Supplementary Provisions of the Civil Code Revision Act, based on a ruling which has become final and binding after the Civil Code Revision Act came into effect, and if there is no Registration Record in which the matter to be registered upon said commission should be included, a registrar shall make the registration referred to in the preceding two paragraphs with regard to said person without any party's request.

(4) When a registrar has made registration pursuant to the preceding three paragraphs, the registrar must give notice of this without delay to the person who administers affairs related to family registers.

(5) When a person who administers affairs related to family registers has received the notice referred to in the preceding paragraph, the person must replicate the family register of the person who shall be deemed to be an adult ward or person under curatorship to whom said notice pertains.