Notary Act (Tentative translation)
Chapter I General Provisions
Article 1 A notary has the authority to carry out the following affairs upon a commission from a party or any other person concerned:
(i) creating a notarial deed with regard to a juridical act or any other fact concerning a private right;
(ii) certifying a private deed;
(iii) certifying articles of incorporation pursuant to Article 30, paragraph (1) of the Companies Act (Act No. 86 of 2005) and the provisions pursuant to which Article 30, paragraph (1) of the Companies Act applies mutatis mutandis, as well as Articles 13 and 155 of the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006); and
(iv) certifying an Electromagnetic Record (meaning a record made in an electronic form, a magnetic form, or any other form not recognizable to human perception (hereinafter referred to as an "Electromagnetic Form"), which is used in information processing by computers; the same shall apply hereinafter); provided, however, that this shall apply only in the case of certifying an Electromagnetic Record other than one created by a government employee as a part of his/her duties.
Article 2 No document or Electromagnetic Record created by a notary shall be notarized unless it satisfies the requirements provided in this Act or any other laws.
Article 3 A notary may not refuse a commission without justifiable grounds.
Article 4 Unless otherwise provided for by law, a notary may not disclose details of any case that he/she handles; provided, however, that this shall not apply if the notary has obtained the consent of the client.
Article 5 A notary may not undertake any other public duty, conduct a commercial business or serve as a representative or employee of any commercial company or profit-oriented incorporated association concurrently; provided, however, that this shall not apply if the notary has obtained the permission of the Minister of Justice.
Article 6 Deleted
Article 7 (1) A notary shall receive fees, charges for serving documents, an amount equivalent to the fee for making the registration referred to in Article 57-3 (referred to as the "Registration Fee" in paragraph (3)), daily allowances, and travel expenses from a client.
(2) Except for those referred to in the preceding paragraph, a notary may not receive any remuneration in whatever name for a case that he/she handles.
(3) Rules concerning fees, charges for serving documents, Registration Fees, daily allowances, and travel expenses shall be provided by Cabinet Order.
Article 7-2 (1) Affairs relating to Electromagnetic Records which are specified as affairs to be carried out by a notary pursuant to this Act and other laws and regulations shall be handled by a notary designated by the Minister of Justice (hereinafter referred to as a "Designated Notary").
(2) The designation referred to in the preceding paragraph shall be made by means of public notice.
(3) The provisions of Chapter VI shall not apply to any affairs relating to Electromagnetic Records to be carried out by a Designated Notary as provided in this Act or other laws and regulations.
(4) In addition to what is provided for in this Act, the affairs relating to Electromagnetic Records to be carried out by a Designated Notary shall be provided by Ordinance of the Ministry of Justice.
Article 8 Where there is no notary available or a notary is unable to perform his/her duties within the jurisdictional district of any Legal Affairs Bureau or District Legal Affairs Bureau or of any branch bureau thereof, the Minister of Justice may have an official of the Ministry of Justice who works at said Legal Affairs Bureau or District Legal Affairs Bureau or at any branch bureau thereof perform the duties of a notary within its jurisdictional district.
Article 9 The provisions of this Act and other laws and regulations concerning the duties of a notary shall apply mutatis mutandis to an official of the Ministry of Justice who performs the duties of a notary; provided, however, that the fees, daily allowances, and travel expenses under Article 7 shall be treated as part of the national revenue.
Chapter II Appointment, Dismissal, and Affiliation
Article 10 (1) A notary shall be affiliated with a Legal Affairs Bureau or District Legal Affairs Bureau.
(2) The number of notaries affiliated with each Legal Affairs Bureau or District Legal Affairs Bureau shall be specified by the Minister of Justice for the jurisdictional district of each Legal Affairs Bureau or District Legal Affairs Bureau or of each branch bureau thereof.
Article 11 The Ministry of Justice shall appoint a notary and designate the Legal Affairs Bureau or District Legal Affairs Bureau with which the notary shall be affiliated.
Article 12 (1) No person may be appointed as a notary unless he/she satisfies the following requirements:
(i) being a Japanese national who has attained the age of majority; and
(ii) having completed practical training as an apprentice for at least six months after passing a certain examination.
(2) Rules concerning the examination and practical training shall be specified by the Minister of Justice.
Article 13 A person qualified as a judge (excluding a judge of a summary court), a public prosecutor (excluding an assistant public prosecutor) or an attorney at law may be appointed as a notary without having passed the examination or completed the practical training.
Article 13-2 Until otherwise provided for by law, the Minister of Justice may appoint a notary from among persons who have been engaged in legal affairs for many years and thereby acquired the relevant knowledge and experience equivalent to those held by the persons referred to in the preceding Article and who have been selected by a Council, etc. (meaning the organ provided in Article 8 of the National Government Organization Act (Act No. 120 of 1948)) specified by Cabinet Order, without requiring them to pass the examination or complete the practical training; provided, however, that this shall apply only in the case provided in Article 8.
Article 14 None of the following persons may be appointed as a notary:
(i) a person who has been sentenced to imprisonment without work or severer punishment, except for a person who has been sentenced to imprisonment without work for not more than two years and who has served the sentence or is no longer subject to the execution of the sentence;
(ii) a person who has been subject to an order of commencement of bankruptcy proceedings and who has not yet had his/her rights restored; and
(iii) a person who has been subject to a judicial decision of dismissal as a judge, dismissed from his/her office as a government official following a disciplinary action or disbarred by Attorney Act, where two years have not yet passed from such dismissal or disbarment.
Article 15 (1) The Minister of Justice may dismiss a notary in the following cases:
(i) where the notary requests dismissal;
(ii) where the notary has not paid a fidelity guarantee deposit or any amount to make up therefor by the due date;
(iii) where the notary has reached the age of 70 years; and
(iv) where the notary has become physically or mentally weak and unable to perform his/her duties.
(2) In the case referred to in item (iv) of the preceding paragraph, a resolution by a Council, etc. specified by Cabinet Order as referred to in Article 13-2 shall be required.
Article 16 When a notary falls under Article 14, item (i) or item (ii), the notary shall automatically lose his/her position.
Chapter III General Rules for Performance of Duty
Article 17 The area where a notary performs his/her duties shall be the jurisdictional district of the Legal Affairs Bureau or District Legal Affairs Bureau with which he/she is affiliated.
Article 18 (1) A notary shall establish an office at a place designated by the Minister of Justice.
(2) A notary shall perform his/her duties at his/her office; provided, however, that this shall not apply if the nature of a case does not permit this or if otherwise provided by laws and regulations.
Article 19 (1) A notary shall pay a fidelity guarantee deposit to the Legal Affairs Bureau or District Legal Affairs Bureau with which he/she is affiliated, within 15 days from the day on which he/she has received a writ of appointment.
(2) The amount of the fidelity guarantee deposit shall be specified by Cabinet Order.
(3) When a notary is ordered to make up for any shortfall in the amount of the fidelity guarantee deposit, the notary shall pay the amount of the shortfall within 30 days from the day on which he/she has been so ordered.
(4) A notary may not perform his/her duties until he/she pays a fidelity guarantee deposit.
Article 20 (1) Where a fidelity guarantee deposit should be refunded, public notice shall be given to the effect that persons who hold rights on the fidelity guarantee deposit should claim their rights within a period of not less than six months.
(2) The fidelity guarantee deposit shall not be refunded until the period referred to in the preceding paragraph expires.
(3) The fidelity guarantee deposit shall be allocated to the cost of the public notice referred to in paragraph (1) in preference to other public charges and claims.
Article 21 (1) A notary shall present to the Legal Affairs Bureau or the District Legal Affairs Bureau to which he/she belongs the impression of his/her official seal together with his/her own signature.
(2) A notary may not perform his/her duties until he/she submits the seal impression referred to in the preceding paragraph.
Article 22 A notary may not perform his/her duties in the following cases:
(i) where the notary is the spouse or a relative within the fourth degree of kinship of or a relative living together with the client or his/her agent or any person who has an interest in any of the commissioned matters; the same shall apply after the termination of a family relationship;
(ii) where the notary is a statutory agent, curator or assistant of the client or his/her agent;
(iii) where the notary has an interest in any of the commissioned matters; and
(iv) where the notary is or was an agent or assistant in court with regard to any of the commissioned matters.
Article 23 When a notary signs his/her name in the course of his/her duties, the notary shall write his/her official title and affiliation and the location of his/her office.
Article 24 (1) A notary may appoint a clerk to assist with his/her duties with the approval of the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which he/she is affiliated.
(2) The approval referred to in the preceding paragraph may be rescinded at any time when necessary.
Article 25 (1) None of the originals of deeds created by a notary and documents annexed thereto, the deeds preserved by a notary pursuant to Article 58-2, paragraph (4) and documents annexed thereto, the articles of incorporation preserved by a notary pursuant to Article 62-3, paragraph (3) and documents annexed thereto, and the books prepared by a notary pursuant to laws and regulations may be taken out of the notary's office, except where it is necessary to do so in order to avoid any contingent circumstances; provided, however, that this shall not apply if so ordered or commissioned by the court.
(2) Rules concerning the preservation and destruction of the documents referred to in the preceding paragraph shall be specified by the Minister of Justice.
Chapter IV Creation of Deeds
Article 26 A notary may not create any deed with regard to matters that are in violation of laws and regulations, juridical acts that are void, or juridical acts that may be rescinded on the grounds of the limited capacity.
Article 27 A notary may not create any deed unless it is written in the Japanese language.
Article 28 (1) In order to create a deed, a notary must know the name of and be acquainted with the client.
(2) If a notary does not know the name of or is not acquainted with the client, the notary shall have the client prove his/her identity by submitting a certificate of seal impression issued by a public agency or any reliable method equivalent thereto.
(3) When a notary creates a deed in the case of an emergency, the notary may perform the procedure referred to in the preceding paragraph pursuant to the provisions concerning the creation of a deed within three days after the creation of the deed.
(4) When the procedure referred to in the preceding paragraph has been performed, the validity of the deed shall not be impaired due to the absence of an emergency.
Article 29 In order to create a deed in cases where the client does not understand the Japanese language or the client is deaf or mute or any other person who is incapable of speaking any language and who does not understand the written word, a notary shall have an interpreter attend the creation of the deed.
Article 30 (1) In order to create a deed in cases where the client is blind or does not understand the written word, a notary shall have an observer attend the creation of the deed.
(2) The preceding paragraph shall apply mutatis mutandis to the case where the client requests the attendance of an observer.
Article 31 Where a notary is commissioned by an agent, the preceding three Articles shall apply to the agent.
Article 32 (1) In order to create a deed upon a commission from an agent, a notary shall have the agent prove his/her authority by submitting an instrument to prove his/her authority as an agent.
(2) If the instrument referred to in the preceding paragraph is a private deed which has not been certified, the notary shall have the agent prove the authenticity of said instrument by submitting a certificate relating to a seal impression or a signature issued by a public agency in addition to said instrument; provided, however, that this shall not apply where the authenticity of said instrument is clear from any documents preserved by the notary.
(3) When a defect in terms of the representation or form thereof is subsequently corrected pursuant to the provisions of the creation of a deed, the validity of the deed shall not be impaired due to the existence of the defect.
Article 33 (1) In order to create a deed with regard to a juridical act which requires a third party's permission or consent, a notary shall have the client prove the third party's permission or consent by submitting an instrument to prove said party's permission or consent.
(2) Paragraphs (2) and (3) of the preceding Article shall apply mutatis mutandis to the case referred to in the preceding paragraph.
Article 34 (1) An interpreter and an observer must be selected by the client or his/her agent.
(2) An observer may serve concurrently as an interpreter.
(3) None of the following persons may serve as an observer; provided, however, that this shall not apply to the case referred to in Article 30, paragraph (2):
(i) a minor;
(ii) the persons set forth in Article 14;
(iii) a person who is incapable of signing his/her name;
(iv) a person who has an interest in any of the commissioned matters;
(v) a person who is or was an agent or assistant in court with regard to any of the commissioned matters;
(vi) the spouse, a relative within the fourth degree of kinship, statutory agent, curator, assistant or employee of or a person living together with the notary or the client or his/her agent; and
(vii) a clerk of the notary.
Article 35 In order to create a deed, a notary shall record the statements he/she has heard, the circumstances he/she has witnessed, and the facts he/she has experienced him/herself, and describe how he/she experienced the facts in the deed.
Article 36 The following matters must be stated in a deed to be created by a notary, in addition to the main purpose of the deed:
(i) the deed number;
(ii) the address, occupation, name and age of the client and, if the client is a corporation, its name and office;
(iii) if the creation of the deed is commissioned by an agent, the address, occupation, name and age of the agent;
(iv) if the notary knows the name of and is acquainted with the client or his/her agent, a statement of this fact;
(v) if a third party's permission or consent has been obtained, a statement of this fact and the reasons therefor, as well as the address, occupation, name and age of the third party and, if the third party is a corporation, its name and office;
(vi) if the notary has had the client prove his/her identity by submitting a certificate of seal impression or any reliable method equivalent thereto, or has had the agent prove the authenticity of the instrument by submitting a certificate relating to a seal impression or signature, a statement of this fact and the reasons therefor;
(vii) if the case falls under the proviso to Article 32, paragraph (2), a statement of this fact and the reasons therefor;
(viii) in the case of an emergency and if the notary has omitted to have the client prove his/her identify, a statement of this fact;
(ix) if the notary has had an interpreter or observer attend the creation of a deed, a statement of this fact and the reasons therefor, as well as the address, occupation, name and age of the interpreter or observer; and
(x) the date and place of creation.
Article 37 (1) In order to create a deed, a notary shall use ordinary and plain terms and write characters clearly.
(2) When there is a blank space between characters that should be linked, these characters or lines must be linked by drawing a black line between them.
(3) The characters壱弐参拾 must be used to write a quantity, date and number.
Article 38 (1) No character written in a deed may be altered.
(2) When adding characters to a deed, the quantity and positioning of the characters added must be stated in the margin or at the end of the deed, and the notary and the client or his/her agent shall affix their seals to this statement.
(3) When deleting characters from a deed, these characters must be deleted in a manner whereby they can be read clearly, and the quantity and positioning of the characters deleted must be stated in the margin or at the end of the deed, and the notary and the client or his/her agent shall affix their seals to this statement.
(4) Any correction made in violation of the preceding three paragraphs shall not be effective.
Article 39 (1) A notary shall read aloud a deed that he/she has created to those in attendance or have the deed inspected by those in attendance , thereby have it acknowledged by the client or his/her agent, and shall state this fact in the deed.
(2) Where a notary has had an interpreter attend the creation of the deed, the notary shall have the interpreter interpret the gist of the deed and shall state this fact in the deed, in addition to what is provided for in the preceding paragraph.
(3) When a notary has stated the matters referred to in the preceding two paragraphs in a deed, the notary and those in attendance shall sign and seal the deed.
(4) If any of those in attendance is incapable of signing his/her name, this fact must be stated in the deed and the notary shall affix his/her seal to this statement.
(5) If a deed extends to two or more pages, a notary shall affix his/her seal over the boundary of each of the contiguous pages.
Article 40 (1) When a notary creates a deed by making reference to another document and attaching it to the deed, the notary shall affix his/her seal over the boundary between the deed and the attached document.
(2) The preceding three Articles shall apply mutatis mutandis to the attached document referred to in the preceding paragraph.
(3) The attached document under the preceding two paragraphs shall be deemed to be a part of the deed created by a notary.
Article 41 (1) An instrument to prove the authority of an agent, a certificate issued by a public agency, an instrument to prove a third party's permission or consent, and any other annexed documents must be bound with the deed created by a notary; provided, however, that when the client requests the return of the original of an annexed document, the transcript instead of the original may be bound with the deed.
(2) A notary shall affix his/her seal over the boundary between the deed and the documents annexed thereto, and the boundary between each of the annexed documents.
Article 42 (1) If the original of a deed is lost, a notary shall collect the authenticated copy or a transcript of the deed that has already been issued and preserve it in lieu of the lost deed, with the approval of the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which he/she is affiliated.
(2) The deed referred to in the preceding paragraph must contain a statement to the effect that the notary shall preserve it in lieu of the lost deed with the approval of the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which he/she is affiliated, as well as a statement of the date of approval, and it must be signed and sealed by the notary.
Article 43 A notary shall have a client affix revenue stamps to the original of a deed pursuant to the Stamp Tax Act.
Article 44 (1) A client or his/her successor or a person who has proved that he/she has a legal interest in the gist of a deed may make a request for the inspection of the original of the deed.
(2) Article 28, paragraphs (1) and (2), Article 31, and Article 32, paragraph (1) shall apply mutatis mutandis to the case where a notary should make the original of a deed available for inspection pursuant to the preceding paragraph.
(3) When a notary is required to make the original of a deed available for inspection by a client's successor, the notary shall have the successor prove his/her status as the client's successor by submitting an instrument to prove his/her status as the client's successor.
(4) A public prosecutor may make a request for the inspection of the original of a deed at any time.
Article 45 A notary shall prepare a deed registry.
Article 46 (1) The following matters must be entered in a deed registry each time a deed is created, in a chronological manner:
(i) the deed number and the type of deed;
(ii) the name of the client and, if the client is a corporation, its name; and
(iii) the date of creation.
(2) The preceding paragraph shall not apply where otherwise provided by laws and regulations concerning a registry in which the creation of a deed should be entered.
Article 47 (1) A client or his/her successor may make a request for the issuance of an authenticated copy of a deed.
(2) Article 28, paragraphs (1) and (2), Article 31, Article 32, paragraphs (1) and (2), and Article 44, paragraph (3) shall apply mutatis mutandis to the case where a notary should create an authenticated copy of a deed pursuant to the preceding paragraph.
(3) Article 32, paragraph (2) shall apply mutatis mutandis to a deed to be submitted in the case where a client's successor makes a request for the issuance of an authenticated copy of a deed.
Article 48 (1) An authenticated copy of a deed must contain a statement of the following matters, and must be signed and sealed by the notary:
(i) the whole text of the deed;
(ii) a statement to the effect that it is an authenticated copy;
(iii) the name of the person requesting the issuance; and
(iv) the date and place of creation.
(2) Any deed created in violation of the preceding paragraph shall not be effective as an authenticated copy of a deed.
Article 49 (1) With regard to a deed indicating two or more cases or a deed representing different relationships between two or more persons, an authenticated copy thereof may be created by making excerpts of the part relevant to each case or person and a statement concerning the form of the deed.
(2) The authenticated copy referred to in the preceding paragraph must contain a statement to the effect that it is an excerpt, and such statement must substitute for the statement referred to in paragraph (1), item (ii) of the preceding Article.
Article 50 When a notary has issued an authenticated copy of a deed, the notary shall state at the end of the deed that he/she has issued the authenticated copy for the client or his/her successor, with the client's or successor's name and the date of issuance also being stated therein, and shall sign and seal the copy.
Article 51 (1) A client or his/her successor, or a person who has proved that he/she has a legal interest in the gist of a deed may make a request for the issuance of a transcript of the deed or any document annexed thereto.
(2) Article 28, paragraphs (1) and (2), Article 31, Article 32, paragraph (1), and Article 44, paragraph (3) shall apply mutatis mutandis to the case where a notary should create a transcript of a deed.
Article 52 A transcript of a deed must contain the following matters, and must be signed and sealed by the notary:
(i) the whole text of the deed;
(ii) a statement to the effect that it is a transcript; and
(iii) the date and place of creation.
Article 53 (1) A transcript of a deed may be created with regard to only a part of the deed.
(2) The transcript referred to in the preceding paragraph must contain a statement to the effect that it is an excerpt.
Article 54 The preceding two Articles shall apply mutatis mutandis to the creation of a transcript of any document annexed to a deed.
Article 55 (1) A person who requests an authenticated copy or transcript of a deed or a transcript of any document annexed to a deed may create an authenticated copy or transcript him/herself by stating therein the matters that should be stated, and request a notary only to sign and seal that authenticated copy or transcript.
(2) When a notary has signed and sealed the authenticated copy or transcript referred to in the preceding paragraph, the authenticated copy or transcript shall have the same effect as one created by a notary.
Article 56 (1) If an authenticated copy or transcript of a deed or a transcript of any document annexed to a deed extends to two or more pages, a notary shall affix his/her seal over the boundary of each of the contiguous pages.
(2) Articles 37 and 38 shall apply mutatis mutandis to the creation of an authenticated copy and a transcript of a deed and of a transcript of any document annexed to a deed.
Article 57 Article 18, paragraph (2) shall not apply to the case where a notary creates a will, and Articles 28 through 32 shall not apply to the case where a notary creates a protest.
Article 57-2 (1) With regard to the title of obligation set forth in Article 22, item (v) of the Civil Execution Act (Act No. 4 of 1979), the service of an authenticated copy or transcript thereof or of the certificate of execution and the document referred to in the second sentence of Article 29 of said Act shall be made by mail or any other method specified by the Rules of the Supreme Court.
(2) A notary shall make a service by mail when petitioned to do so.
(3) Article 99, paragraph (2), Articles 101 through 103, Article 105, Article 106, Article 107, paragraphs (1) and (3), and Article 109 of the Code of Civil Procedure (Act No. 109 of 1996) shall apply mutatis mutandis to the case referred to in the preceding paragraph.
Article 57-3 (1) When a notary has created a deed as provided in Article 3 of the Act on Voluntary Guardianship Contract (Act No. 50 of 1999), the notary shall commission a registry office to register a voluntary guardianship contract.
(2) A written commission of the registration referred to in the preceding paragraph must have attached thereto a transcript of the deed.
Chapter V Certification
Article 58 (1) A notary shall certify a private deed when a party, in the presence of the notary, has signed and sealed the deed or has acknowledged that the signature or seal affixed to the deed is of his/her own, and the notary shall state this fact in the deed.
(2) A notary shall certify a transcript of a private deed when he/she has compared the transcript with the deed and found that they are consistent with each other, and he/she shall state this fact in the transcript.
(3) If a private deed has been corrected by adding, deleting or altering characters, stating any matters in its margin or in any other way or it is damaged or extremely suspicious in appearance, such fact must be stated in the text of the certificate.
Article 58-2 (1) A notary shall certify a private deed when a party, in the presence of the notary, has sworn an oath at to the truth of what is stated in the deed and has signed and sealed the deed or has acknowledged that the signature or seal affixed to the deed is his/her own, and the notary shall state this fact in the deed.
(2) The commission of certification referred to in the preceding paragraph must be made by submitting two copies of the deed.
(3) The commission of certification referred to in paragraph (1) may not be made by an agent.
(4) A notary shall preserve one of the copies of a deed in which the statement under paragraph (1) has been made, and return the other copy to the client.
Article 59 A deed to be certified must contain a statement of the registry number and the date and place of certification, and the notary and an observer shall sign and seal the deed, and the notary shall affix his/her seal to the deed and the certificate registry so that it overlaps them both. In this case, the matters set forth in Article 36, item (iv) and items (vi) through (viii) must be stated in the deed, upon a petition from the client.
Article 60 Articles 26 through 34, Article 37, Article 38, and Article 39, paragraph (5) shall apply mutatis mutandis to the case of certifying a private deed.
Article 60-2 (1) A certificate issued by a public agency, an instrument to prove a third party's permission or consent, and any other annexed documents must be bound with the deed preserved by a notary pursuant to Article 58-2, paragraph (4).
(2) The proviso to Article 41, paragraph (1), and paragraph (2) of said Article shall apply mutatis mutandis to the case referred to in the preceding paragraph.
Article 60-3 (1) When a deed preserved pursuant to Article 58-2, paragraph (4) is lost, a notary shall create a transcript thereof based on the deed that has been returned to the client or collect the transcript of the deed that has already been issued, and shall preserve the transcript thus created or collected in lieu of the lost deed, with the approval of the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which he/she is affiliated.
(2) Article 42, paragraph (2) shall apply mutatis mutandis to the case referred to in the preceding paragraph.
Article 60-4 Article 44, and Articles 51 through 56 shall apply mutatis mutandis to the deed preserved by a notary pursuant to Article 58-2, paragraph (4) and documents annexed thereto.
Article 60-5 A person who has sworn the oath provided in Article 58-2, paragraph (1) while knowing that what is stated in the deed is false shall be punished by a non-criminal fine of not more than 100,000 yen.
Article 61 A notary shall prepare a certificate registry.
Article 62 The following matters must be entered in a certificate registry at the time of each certification, in a chronological manner:
(i) the registry number;
(ii) the address and name of the client and, if the client is a corporation, its name and office;
(iii) the type of deed and the person who has signed and sealed the deed;
(iv) the method of certification;
(v) the address and name of the observer; and
(vi) the date of certification.
Article 62-2 Affairs relating to the certification of articles of corporations under Article 30, paragraph (1) of the Companies Act and the provisions pursuant to which said paragraph applies mutatis mutandis, and under Articles 13 and 155 of the Act on General Incorporated Associations and General Incorporated Foundations shall be carried out by a notary affiliated with the Legal Affairs Bureau or District Legal Affairs Bureau which has jurisdiction over the location of the head office or principal office of a corporation.
Article 62-3 (1) The commission of the certification of articles of incorporation (excluding an Electromagnetic Record if the articles of incorporation are made by means of an Electromagnetic Record; the same shall apply hereinafter) referred to in the preceding Article must be made by submitting two copies of the articles of incorporation.
(2) In order to certify articles of incorporation as referred to in the preceding paragraph, a notary shall have the client, in the presence of the notary, acknowledge that the signature or the name and seal affixed to each copy of the articles of incorporation is his/her own, and shall state this fact in the copy.
(3) A notary shall preserve one of the copies of the articles of incorporation in which the statement under paragraph (1) has been made, and return the other copy to the client.
(4) Article 58, paragraph (3), Article 59, Article 60, Article 61, and Article 62 shall apply mutatis mutandis to the case referred to in paragraph (2).
Article 62-4 (1) An instrument to prove the authority of an agent, a certificate issued by a public agency, an instrument to prove a third party's permission or consent, and any other annexed documents must be bound with the articles of incorporation preserved by a notary pursuant to paragraph (3) of the preceding Article.
(2) The proviso to Article 41, paragraph (1), and paragraph (2) of said Article shall apply mutatis mutandis to the case referred to in the preceding paragraph.
Article 62-5 Articles 60-3 and 60-4 shall apply mutatis mutandis to the articles of incorporation preserved by a notary pursuant to Article 62-3, paragraph (3) and documents annexed thereto.
Article 62-6 (1) A Designated Notary shall certify an Electromagnetic Record when a party, in the presence of the notary, has performed any of the following acts with regard to the information recorded in the Electromagnetic Record subject to commission (limited to the act referred to in item (ii) with regard to the information recorded in an Electromagnetic Record if the articles of incorporation referred to in Article 62-2 are created by means of the Electromagnetic Record), and the notary shall add the information representing this fact to the information recorded in the Electromagnetic Record in an Electromagnetic Form:
(i) where the party has taken measures to show that he/she has prepared the information recorded in the Electromagnetic Record subject to commission, which are specified by Ordinance of the Ministry of Justice as measures available for verifying whether or not said information has been altered or for otherwise unequivocally showing who created said information; and
(ii) where the party has acknowledged that he/she has taken the measures provided in the preceding item.
(2) A Designated Notary shall certify an Electromagnetic Record when a party, in the presence of the Designated Notary, has sworn an oath as to the truth of what is contained in the Electromagnetic Record subject to commission and has performed any of the acts referred to in the items of the preceding paragraph, and the Designated Notary shall add the information representing this fact to the information recorded in the Electromagnetic Record in an Electromagnetic Form. In this case, Article 58-2, paragraph (3) shall apply mutatis mutandis.
(3) The commission of certification referred to in the preceding two paragraphs must be made as provided by Ordinance of the Ministry of Justice.
(4) Article 26 and Articles 29 through 31 shall apply mutatis mutandis to the case of certifying an Electromagnetic Record pursuant to paragraphs (1) and (2).
(5) A person who has sworn the oath referred to in paragraph (2) while knowing that what is contained in the Electromagnetic Record subject to commission is false shall be punished by a non-criminal fine of not more than 100,000 yen.
Article 62-7 (1) A Designated Notary shall preserve sufficient information to identify the information recorded in the Electromagnetic Record certified pursuant to paragraph (1) or paragraph (2) of the preceding Article, as provided by Ordinance of the Ministry of Justice.
(2) A client may make a request for the preservation of an Electromagnetic Record in which information that is identical to the information recorded in the Electromagnetic Record certified pursuant to paragraph (1) or paragraph (2) of the preceding Article is recorded.
(3) A client or his/her successor, or a person who has proved that he/she has a legal interest in the gist of an Electromagnetic Record may make a request for either the following attestation or the provision of information:
(i) an attestation of the fact that the information recorded in the Electromagnetic Record that he/she possesses is identical to the information recorded in the Electromagnetic Record provided in paragraph (1); or
(ii) provision of information that is identical to the information recorded in the Electromagnetic Record preserved pursuant to paragraph (2).
(4) The provision of information referred to in item (ii) of the preceding paragraph may be conducted by issuing a document certifying what is contained in the Electromagnetic Record referred to in said item, as provided by Ordinance of the Ministry of Justice.
(5) Paragraph (3) of the preceding Article shall apply mutatis mutandis to the request referred to in paragraphs (2) and (3).
Article 62-8 (1) Where a Designated Notary certifies an Electromagnetic Record pursuant to the preceding two Articles or attests the relevant fact or provides the relevant information in an Electronic Form pursuant to the preceding two Articles, the Designated Notary shall take the following measures with regard to the information recorded in the Electromagnetic Record to be certified and the information added to such information pursuant to Article 62-6 or the information representing such attestation or the information provided:
(i) taking measures to show that the Designated Notary has created the information recorded in the Electromagnetic Record, which are measures specified by Ordinance of the Ministry of Justice as those available for verifying whether or not said information has been altered or for otherwise unequivocally showing who created said information; and
(ii) adding in an Electromagnetic Form information proving the matters necessary for verifying that the Designated Notary has taken the measures provided in the preceding item.
(2) The information referred to in item (ii) of the preceding paragraph shall be prepared by the Minister of Justice or the Director or the Legal Affairs Bureau or District Legal Affairs Bureau designated by the Minister of Justice.
(3) The designation referred to in the preceding paragraph shall be made by means of public notice.
Chapter VI Agency, Concurrent Service, and Taking Over of Documents
Article 63 (1) When a notary is unable to perform his/her duties due to illness or for any other compelling reason, the notary may commission another notary in the jurisdictional district of the same Legal Affairs Bureau or District Legal Affairs Bureau to act as his/her agent.
(2) When a notary has commissioned another notary to act as his/her agent pursuant to the preceding paragraph, he/she shall notify this without delay to the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said notary is affiliated. The same shall apply when a notary has dismissed his/her agent.
Article 64 (1) If a notary does not commission or is unable to commission another notary to act as his/her agent pursuant to paragraph (1) of the preceding Article, the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said notary is affiliated may order another notary in the jurisdictional district of the same Legal Affairs Bureau or District Legal Affairs Bureau to act as said notary's agent.
(2) When a notary is able to perform his/her duties again, the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which the notary is affiliated shall relieve the notary's agent referred to in the preceding paragraph from his/her post.
Article 65 (1) An agent of a notary shall perform his/her duties pursuant to the preceding two Articles at the office of the notary for whom he/she acts.
(2) When an agent of a notary signs his/her name in the course of his/her duties, the agent shall state the official title, name, affiliation, and location of the office of the notary for whom he/she acts and state that he/she is an agent of said notary.
(3) Article 22 shall apply to an agent of a notary in addition to the notary for whom the agent acts.
Article 66 In the event of the death, dismissal, loss of position or transfer of a notary, the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which the notary is affiliated shall designate a government official and have that official seal the documents retained at the notary's office without delay, when the Director finds it necessary to do so.
Article 67 (1) In the event of the death, dismissal, loss of position or transfer of a notary, if a person who is to succeed said notary is not appointed immediately, the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which the notary is affiliated may order another notary in the jurisdictional district of the same Legal Affairs Bureau or District Legal Affairs Bureau to hold said notary's post concurrently with his/her own.
(2) When a person who is to succeed a notary becomes available to serve, the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which the person is affiliated shall relieve the other notary referred to in the preceding paragraph from the post he/she is holding concurrently with his/her own.
Article 68 (1) In the event of the dismissal, loss of position or transfer of a notary, the person who succeeds said notary or person who is holding said notary's post concurrently with his/her own shall meet his/her predecessor and receive documents therefrom without delay.
(2) Where the person who succeeds a notary or person who is holding a notary's post concurrently with his/her own is unable to receive documents from said notary due to his/her death or for any other reasons, that person shall receive the documents in the presence of a government official designated by the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said person is affiliated.
(3) A person who is appointed to succeed a notary or to hold a notary's post concurrently with his/her own after the documents have been sealed pursuant to Article 66 shall open the seal and receive the documents in the presence of a government official designated by the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which said person is affiliated.
Article 69 The preceding Article shall apply mutatis mutandis to the case where a person who is holding a notary's post concurrently with his/her own should deliver the documents to another notary.
Article 70 (1) When a person who is holding a notary's post concurrently with his/her own signs his/her name in the course of his/her duties, that person shall state that he/she is a person who is holding said notary's post concurrently with his/her own.
(2) When a person who succeeds a notary signs his/her name upon creating an authenticated copy or transcript of a deed that was created by his/her predecessor or by the person who is holding said notary's post concurrently with his/her own, that person shall state that he/she is the person who is succeeding said notary.
Article 71 (1) In the event of the death, dismissal, loss of position or transfer of a notary, if there is no requirement for a person to be appointed to succeed said notary as a result of the revision to the prescribed number of notaries, the Minister of Justice shall order another notary in the jurisdictional district of the same Legal Affairs Bureau or District Legal Affairs Bureau or the branch bureau thereof to take over that notary's documents.
(2) Article 68 and paragraph (2) of the preceding Article shall apply mutatis mutandis to the notary who is ordered to take over documents pursuant to the preceding paragraph.
Article 72 (1) Article 66, Article 67, Article 68, paragraph (3), and Article 70, paragraph (1) shall apply mutatis mutandis to the case of the suspension of a notary from his/her duty.
(2) A person who is holding a notary's post concurrently with his own shall perform his/her duties pursuant to the preceding paragraph at the office of said notary who has been suspended from duty.
Article 73 Articles 68 and 69 shall apply mutatis mutandis to the case where an official of the Ministry of Justice performs the duties of a notary pursuant to Article 8.
Chapter VII Supervision and Disciplinary Action
Article 74 (1) A notary shall be subject to the supervision of the Minister of Justice.
(2) The Minister of Justice shall have the Director of each Legal Affairs Bureau or District Legal Affairs Bureau carry out affairs relating to the supervision of notaries within the jurisdictional district of the bureau, in a manner specified by the Minister.
Article 75 Deleted
Article 76 The authority of supervision referred to in Article 74 shall cover the following matters:
(i) calling attention to a notary with regard to the improper performance of his/her duties and directing him/her as to how to perform his/her duties properly; and
(ii) issuing an admonition to a notary with regard to his/her inappropriate conduct in light of his/her position whether in the course of performing his/her duties or not, on condition of providing the notary with the opportunity to give an explanation before issuing him/her with an admonition.
Article 77 (1) A supervising officer may inspect the documents preserved by a notary or designate a government official to inspect such documents.
(2) The preceding paragraph shall apply mutatis mutandis to the Electromagnetic Records preserved by a Designated Notary.
Article 78 (1) A client or any interested person may file an objection with the Director of the Legal Affairs Bureau or District Legal Affairs Bureau with which the notary is affiliated, with regard to his/her manner of carrying out his/her affairs.
(2) A person who is dissatisfied with a disposition on the objection referred to in the preceding paragraph may file another objection with the Minister of Justice.
Article 79 A notary shall be subject to a disciplinary action if he/she violates his/her obligations in the course of his/her duties or engages in any act which would damage the dignity of a notary.
Article 80 There shall be five types of disciplinary action as follows:
(i) reprimand;
(ii) a non-criminal fine of not more than 100,000 yen;
(iii) suspension from duty for a period of not more than one year;
(iv) transfer; and
(v) dismissal.
Article 81 (1) A non-criminal fine, suspension from duty, transfer, and dismissal shall be imposed by the Minister of Justice based on a resolution of a Council, etc. specified by Cabinet Order as referred to in Article 13-2.
(2) A reprimand shall be imposed by the Minister of Justice.
Article 82 Deleted
Article 83 (1) If a notary is put under detention or sentenced to a detention, such notary shall automatically be suspended from duty until he/she is released.
(2) When the Minister of Justice considers that a disciplinary case is due to be processed by imposing a suspension from duty, transfer or dismissal on a notary, the Minister may suspend such notary from duty until the disciplinary proceedings are concluded.
(3) The provisions concerning the disciplinary suspension of a notary from duty shall apply mutatis mutandis to the temporary suspension.
Article 84 (1) If a notary fails to pay a non-criminal fine in full, payment shall be executed by an order of a public prosecutor.
(2) With regard to the execution referred to in the preceding paragraph, Article 121 of the Non-Contentious Cases Procedures Act (Act No. 51 of 2011) shall apply mutatis mutandis.
(3) A fidelity guarantee deposit paid by a notary shall be allocated to a non-criminal fine in preference to other public charges and claims, in addition to the case referred to in Article 20, paragraph (3).
Supplementary Provisions
(1) This Act shall come into effect as of June 1, 1949.
(2) With regard to the application of provisions concerning a non-criminal fine to acts committed before this Act comes into effect, the provisions then in force shall remain applicable.
Supplementary Provisions [Extract]
(Effective Date)
(1) This Act shall come into effect as of the date on which the Civil Execution Act (Act No. 4 of 1979) comes into effect (October 1, 1980).
(Transitional Measures)
(2) With regard to cases of civil execution, exercise of enterprise mortgages, and bankruptcy filed before this Act comes into effect, the provisions then in force shall remain applicable.
(3) Notwithstanding the provisions of the preceding paragraph, the amount of fees received by and expenses paid or reimbursed to court execution officers in connection with the cases referred to in the preceding paragraph shall be as specified by the Rules of the Supreme Court.
Supplementary Provisions
(1) This Act (excluding Article 1) shall come into effect as of July 1, 1984.
(2) Transitional measures necessary for organs, etc. which are in existence pursuant to the provisions of laws on the day preceding the date on which this Act comes into effect and which will be in existence after this Act comes into effect pursuant to the provisions of the National Government Organization Act or a Cabinet Order under the provisions of the related laws amended by this Act (hereinafter referred to as a "Related Cabinet Order"), and other transitional measures necessary for the enactment, revision or abolition of a Related Cabinet Order upon the coming into effect of this Act, may be provided by Cabinet Order.
Supplementary Provisions [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of April 1, 2000.
(Transitional Measures)
Article 3 With regard to the application of provisions for revision under this Act concerning quasi-incompetent persons and the curators thereof for whom the provisions then in force shall be deemed to remain applicable pursuant to Article 3, paragraph (3) of the Supplementary Provisions of the Act for Partial Revision of the Civil Code (Act No. 149 of 1999), the provisions then in force shall remain applicable, except for the following provisions for revision:
(i) the provisions for revising Article 138 of the Non-Contentious Cases Procedures Act pursuant to Article 4;
(ii) the provisions in Article 7 for revising Articles 14 and 16 of the Notary Act;
(iii) the provisions for revising Article 14-6 of the Teito Rapid Transit Authority Act pursuant to Article 14;
(iv) the provisions for revising Article 31 of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade pursuant to Article 17;
(v) the provisions in Article 20 for revising Article 5, paragraph (3) of the National Public Service Act;
(vi) the provisions for revising Article 23-13 of the Horse Racing Act, Article 13 of the Japan Racing Association Act, Article 5, paragraph (4) of the Act for Establishment of the Japan Atomic Energy Commission and the Nuclear Safety Commission, Article 7, paragraph (4) of the Act for Establishment of the Council for Science and Technology Policy, Article 7, paragraph (4) of the Act for Establishment of the Space Activities Commission, Article 78, paragraph (4) of the City Planning Act, Article 11 of the Northern Territories Issue Association Act, Article 15, paragraph (4) of the Public Notice of Land Prices Act, Article 6, paragraph (4) of the Act for Establishment of the Aircraft Accidents Investigation Commission, and Article 39, paragraph (5) of the National Land Use Planning Act pursuant to Article 28;
(vii) the provisions in Article 31 for revising Article 25-4 of the Construction Business Act;
(viii) the provisions for revising Article 7, paragraph (1) of the Civil Rights Commissioner Act pursuant to Article 32;
(ix) the provisions for revising Article 8, paragraph (1) of the Offenders Prevention and Rehabilitation Act pursuant to Article 33;
(x) the provisions in Article 35 for revising Article 19-4, paragraph (1) and Article 19-7, paragraph (1) of the Labor Union Act;
(xi) the provisions in Article 44 for revising Article 5-2, paragraph (4) of the Public Offices Election Act;
(xii) the provisions in Article 50 for revising Article 80-2 of the Building Standards Act;
(xiii) the provisions in Article 54 for revising Article 426 of the Local Tax Act;
(xiv) the provisions in Article 55 for revising Article 141, paragraph (1) of the Commodity Exchange Act;
(xv) the provisions in Article 56 for revising Article 9, paragraphs (3) and (8) of the Local Public Service Act;
(xvi) the provisions in Article 67 for revising Article 54 of the Compulsory Purchase of Land Act;
(xvii) the provisions for revising Article 11, paragraph (1) of the Act on UNESCO Activities, Article 7 of the Act for Establishment of the Public Security Examination Committee, and Article 24 of the Act on Social Insurance Examiners and the Examination Committee of Social Insurance pursuant to Article 70;
(xviii) the provisions for revising Article 7, paragraph (4) and Article 39, paragraph (2) of the Police Act pursuant to Article 78;
(xix) the provisions for revising Article 30 of the Act on Labor Insurance Examiners and the Labor Insurance Appeal Committee, Article 9 of the Act for Establishment of the Environmental Dispute Coordination Commission, and Article 116 of the Act on Compensation, etc. of Pollution-related Health Damage pursuant to Article 80;
(xx) the provisions for revising Article 4, paragraph (2) of the Act on the Organization and Operation of Local Educational Administration pursuant to Article 81;
(xxi) the provisions for revising Article 75, paragraph (1) of the Mutual Aid Associations of Agriculture, Forestry and Fishery Corporation Personnel Act pursuant to Article 84;
(xxii) the provisions in Article 97 for revising Article 16, paragraph (2) of the Act on the Settlement of Environmental Pollution Disputes;
(xxiii) the provisions for revising Article 15, paragraph (6) of the Act on Transfer of the Diet and Other Central Government Offices, and Article 13, paragraph (4) of the Act on the Promotion of Decentralization pursuant to Article 104;
(xxiv) the provisions for revising Article 25, paragraph (1) of the Bank of Japan Act pursuant to Article 108; and
(xxv) the provisions for revising Article 9, item (i) of the Act for Establishment of the Financial Reconstruction Commission pursuant to Article 110.
Article 4 With regard to the application of penal provisions to acts committed before this Act comes into effect, the provisions then in force shall remain applicable.
Supplementary Provisions [Extract]
(Effective Date)
(1) This Act shall come into effect as of April 1, 2002.
(Transitional Measures Concerning Application of Penal Provisions)
(2) With regard to the application of penal provisions to acts committed before this Act comes into effect and acts committed after this Act comes into effect in cases where the provisions then in force shall remain applicable pursuant to this Act, the provisions then in force shall remain applicable.
Supplementary Provisions
(Effective Date)
Article 1 This Act shall come into effect as of the date on which the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) comes into effect.
(Transitional Measures Concerning Penal Provisions)
Article 2 With regard to the application of penal provisions to acts committed before this Act comes into effect, the provisions then in force shall remain applicable.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 3 In addition to what is provided for in the preceding Article, transitional measures necessary for the implementation of this Act shall be provided by Cabinet Order.
Supplementary Provisions [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of the date on which the Bankruptcy Act (Act No. 75 of 2004; referred to as the "New Bankruptcy Act" in paragraph (8) of the following Article, and in Article 3, paragraph (8), Article 5, paragraphs (8), (16) and (21), Article 8, paragraph (3), and Article 13 of the Supplementary Provisions) comes into effect.
(Delegation to Cabinet Order)
Article 14 In addition to what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, transitional measures necessary for the implementation of this Act shall be provided by Cabinet Order.
Supplementary Provisions [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
(Transitional Measures Concerning Application of Penal Provisions)
Article 39 With regard to the application of penal provisions to acts committed before this Act comes into effect and acts committed after this Act comes into effect in cases where the provisions then in force shall remain applicable pursuant to the Supplementary Provisions, the provisions then in force shall remain applicable.
(Delegation to Cabinet Order)
Article 40 In addition to what is provided for in Articles 3 through 10, Article 29, and the preceding two Articles of the Supplementary Provisions, transitional measures necessary for the implementation of this Act shall be provided by Cabinet Order.