NEWS

Good afternoon, and welcome to another installment in our series on foreign liaison registration! Today we continue our series on new information regarding foreign liaison registration.


This is another difficult topic, but the rules regarding real estate owned by foreigners have changed drastically.


Please read them carefully!

Treatment of Affidavits as Proof of Address Information for Foreign Nationals Changes

Until April 1, 2024, an affidavit attested to by a notary public of the foreigner's home country or a consular official of an embassy in Japan containing the foreigner's address was used in place of a certificate of residence or a company transcript as proof of address, which are required documents for real estate registration applications. However, as of April 1, 2024 (April 1, 2024), the Ministry of Justice has notified the following

Proof of Address Information for Foreign Residents (Individuals)

One of the following documents must be provided as proof of address.

A document that proves the address prepared by the government of the home country or country of residence.
An affidavit authenticated by a notary public of the home country or country of residence and a copy of the passport

The following is an explanation.

Document certifying the address prepared by the government of the applicant's home country or country of residence

Documents equivalent to a certificate of residence in Japan are applicable.

Specifically, a document certifying the address prepared by the government (including consular officials of embassies in Japan) of the applicant's home country or country of residence (including states and regions thereof).

In addition, a document that is a printout of the electronic data of the proof of address prepared by the government of your home country or country of residence may be substituted for the residence certificate, if the address can be verified by entering the number on the document submitted through the government website of the country of residence.

Affidavit certified by a notary public of the country of origin or residence and a copy of the passport
In addition to an affidavit (a document signed by the foreign buyer swearing to the truthfulness of his/her name and address) authenticated by a notary public of his/her home country or country of residence, a copy of his/her passport is required. The following requirements must be met for the passport copy.

The passport copy must be valid as of the date the affidavit is made or the date the application for registration is received.

The copy must contain the name and validity period of the foreign buyer and a copy of the page showing the photograph.

If the copy of the passport is not an integral part of the affidavit, it must contain a statement to the effect that it does not differ from the original passport and the signature or name and seal of the foreign buyer.

In the event that the applicant is unable to prepare an affidavit authenticated by a notary in his/her home country or country of residence due to unavoidable circumstances, such as the absence of a notary system in the home country or country of residence, or the inability to return to the home country due to illness or disability, the following documents may be substituted for the Proof of Address information.

An affidavit authenticated by a Japanese notary public (a document in which the foreign buyer swears to the truthfulness of his/her address)

A written statement to the effect that the foreign buyer is unable to obtain an affidavit authenticated by a notary in his/her home country or country of residence.

A copy of the passport (requirements are the same as when submitting the above affidavit)

Proof of Address Information for Foreign Corporations
In the case of a foreign corporation, one of the following documents is required as proof of address.

A document certifying the address prepared by the government of the country of incorporation of the foreign corporation.
A copy of an affidavit authenticated by a notary public of the country of incorporation of the foreign corporation and a copy of a document prepared by the government of the country of incorporation that includes the name of the foreign corporation.

The above documents are also the aforementioned affidavit of the foreign corporation that certifies the governing law of its incorporation.

The following is an explanation.

A document certifying the address prepared by the government of the country of the governing law of incorporation of the foreign corporation.

This document is equivalent to a Japanese company transcript (commercial registration certificate).

Specifically, a document issued by the government of the governing law country (including states and other regions) in which the foreign corporation was established is required.

A copy of an affidavit authenticated by a notary public of the country of incorporation of the foreign corporation and a copy of a document issued by the government of the country of incorporation in which the name of the foreign corporation is stated in the affidavit.

This is a set of a copy of a document (such as a corporate transcript) prepared by the government of the country of the governing law of incorporation in which the foreign corporation's name appears, stating that it does not differ from the original and signed or stamped by the representative, and an affidavit certified by a notary public who has certified the document. This document is used to prove the address of the foreign corporation, and there is no problem even if the address is not stated. However, the affidavit and a copy of the government-created document must be valid on the date the affidavit is made or the date the application for registration is received.

If an affidavit authenticated by a notary public of the country of incorporation cannot be obtained due to unavoidable circumstances, an affidavit authenticated by a notary public of the home or country of residence of the representative of the foreign corporation, or of Japan, a written statement stating that the affidavit cannot be obtained in the home country of the representative, or a copy of a document prepared by the government of the country of incorporation, etc. A copy of a document prepared by the government of the country of incorporation, etc. may be submitted.

I will continue today's discussion next week.

Please read it carefully and share it with your colleagues.

Stay tuned for more next week!

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