Act No. 4 of February 22, 1951
Certified Administrative Procedures Legal Specialist Act
Table of contents
Chapter I General Provisions
(Article 1 to 2-2)
Chapter II The Certified Administrative Procedures Legal Specialist Examination
(Article 3 to 5)
Chapter III Registration
(Article 6 to 7-3)
Chapter IV Obligations of Certified Administrative Procedures Legal Specialists
(Article 8 to 13-2)
Chapter V Certified Administrative Procedures Legal Specialist Corporations
(Article 13-3 to 13-21)
Chapter VI Supervision
(Article 13-22 to 14-5)
Chapter VII Certified Administrative Procedures Legal Specialist Associations and the Japan Federation of Certified Administrative Procedures Legal Specialist Associations
(Article 15 to 18-6)
Chapter VIII Miscellaneous Provisions
(Article 19 to 20)
Chapter IX Penal Provisions
(Article 20-2 to 26)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1
The purpose of this Act is to provide for a system for Certified Administrative Procedures Legal Specialists and to ensure the proper handling of affairs, so as to contribute to the smooth implementation of administrative procedures, as well as contribute to convenience for the public.
(Duties)
Article 1-2
(1)
A Certified Administrative Procedures Legal Specialist, at the request of others and for a fee, engages in the business of preparing documents to be submitted to a public agency (including electromagnetic records (records made in electronic form, magnetic form, or any other form that is impossible to perceive by the human senses, which are used in information processing by computers; the same shall apply hereinafter), if electromagnetic records are prepared in lieu of such documents; the same shall apply to this Article and the following Article) and other documents (including drawings based on on-the-spot examinations) relating to rights, duties or the certification of facts.
(2)
A Certified Administrative Procedures Legal Specialist must not, notwithstanding the preparation of documents set forth in the preceding paragraph, conduct this business if restricted from doing so by any other Act.
Article 1-3
A Certified Administrative Procedures Legal Specialist may, in addition to the business provided for in the preceding Article, conduct the business listed below at the request of others and for a fee; except for affairs that are restricted by any other Act:
-
(i)
Act as a representative in carrying out acts to be conducted (excluding what falls under the legal services concerning legal cases provided for in Article 72 of the Attorney Act (Act No. 205 of 1949)) against the relevant public agency with regard to the submission procedures of documents that a Certified Administrative Procedures Legal Specialist is allowed to prepare pursuant to the provisions of the preceding Article, and the application procedures for statements of opinions such as application procedures for granting an opportunity for a hearing or explanation in relation to permission and authorization, etc. in relation to documents submitted to the relevant public agency (meaning the permission, etc., approval, etc. and acceptance of documents provided for in Article 2, item (iii) of the Certified Administrative Procedures Act (Act No. 88 of 1993));
-
(ii)
Prepare, as a representative, contracts and other related documents that a Certified Administrative Procedures Legal Specialist is allowed to prepare pursuant to the provisions of the preceding Article; and,
-
(iii)
Provide consultations for the preparation of documents that a Certified Administrative Procedures Legal Specialist may prepare pursuant to the preceding article.
Article 1-4
The preceding two Articles shall not preclude a Certified Administrative Procedures Legal Specialist from engaging in their business provided for in the preceding two Articles, as an employee of another Certified Administrative Procedures Legal Specialist or a Certified Administrative Procedures Legal Specialist Corporation (meaning a Certified Administrative Procedures Legal Specialist Corporation as set forth in Article 13-3 hereof; the same shall apply to Article 8, paragraph (1) hereof).
(Qualifications)
Article 2
Any person who falls under one of the following items is qualified to become a Certified Administrative Procedures Legal Specialist:
-
(i)
A person who has passed the Certified Administrative Procedures Legal Specialist Examination;
-
(ii)
A person who is qualified to be an attorney at law;
-
(iii)
A person who is qualified to be a patent attorney;
-
(iv)
A person who is qualified to be a certified public accountant;
-
(v)
A person who is qualified to be a tax accountant; or,
-
(vi)
A person who has taken charge of administrative affairs as a government employee of a national or local government, and is an officer or an employee of a Specified Incorporated Administrative Agency (a Specified Incorporated Administrative Agency designated in Article 2, paragraph (2) of the Act on General Rules for Independent Administrative Agencies (Law No. 103 of 1999), this shall also apply hereinafter) or of a Specified Local Incorporated Administrative Agency (a Specified Local Incorporated Administrative Agency designated in Article 2, (2) of the Act on General Rules for Local Independent Administrative Agencies (Law No. 118 of 2003), for a period in total of more than twenty years (or, in the case of a graduate of a high-school as stipulated by the School Education Act (Act No. 26 of 1947) or a person designated by Article 90 of the same Act, seventeen years).
(Grounds for Disqualification)
Article 2-2
Notwithstanding the provisions in the preceding Article, any person who falls under one of the following items is not qualified to become a Certified Administrative Procedures Legal Specialist:
-
(i)
A minor;
-
(ii)
An adult ward or a person under curatorship;
-
(iii)
A person who has been declared bankrupt and has not had their civil rights restored;
-
(iv)
A person who has been sentenced to imprisonment or a heavier punishment and for whom three years have not yet passed since the execution of the sentence was completed, or since said person came to no longer be subject to the execution of the sentence;
-
(v)
A government employee (including an officer or an employee of a Specified Incorporated Administrative Agency or a Specified Local Incorporated Administrative Agency) who has been given a disciplinary discharge and for whom three years have not yet passed since the date of such disposition;
-
(vi)
A person who has been subject to rescission of their registration pursuant to the provisions of Article 6-5, paragraph (1) and for whom three years have not yet passed since the date of such disposition;
-
(vii)
A person who has been subject to a disposition that prohibits business pursuant to the provision of Article 14 and for whom three years have not yet passed since the date of such disposition; or,
-
(viii)
A person who, through a disciplinary action, has been disbarred as an Attorney at Law by a bar association, has had their registration as a certified public accountant revoked, has been prohibited from practicing as a patent attorney, a tax accountant, a judicial scrivener, or a land and house investigator, or has been subject to disqualification as a public consultant on social and labor insurance, and for whom three years have not yet passed since the date of such disposition.
Chapter II The Certified Administrative Procedures Legal Specialist Examination
(The Certified Administrative Procedures Legal Specialist Examination)
Article 3
(1)
The Certified Administrative Procedures Legal Specialist Examination shall be held at least once a year, as designated by the Minister of Internal Affairs and Communications, covering the knowledge and capabilities necessary for carrying out the business of a Certified Administrative Procedures Legal Specialist.
(2)
Affairs in relation to implementation of the Certified Administrative Procedures Legal Specialist Examination shall be conducted by prefectural governors.
(Designating a Designated Examining Body)
Article 4
(1)
A prefectural governor may have a person designated by the Minister of Internal Affairs and Communications (hereinafter referred to as a "Designated Examining Body") carry out affairs in relation to the Certified Administrative Procedures Legal Specialist Examination (excluding those prescribed by the applicable Ordinance of the Ministry of Internal Affairs and Communications, hereinafter referred to as "Examination Affairs").
(2)
The designation set forth in the preceding paragraph shall be made through an application by a person who intends to conduct the Examination Affairs as provided for by the applicable Ordinance of the Ministry of Internal Affairs and Communications.
(3)
A prefectural governor, when having a Designated Examining Body conduct Examination Affairs pursuant to the provisions of paragraph (1) hereof, shall not personally carry out said Examination Affairs.
(Designation Standards)
Article 4-2
(1)
The Minister of Internal Affairs and Communications must not designate a Designated Examining Body set forth in paragraph (1) of the preceding Article, unless the application set forth in paragraph (2) of the same Article is recognized as satisfying the following requirements:
-
(i)
Plans for implementation of the Examination Affairs with respect to employees, equipment, method for implementation of the Examination Affairs and other particulars for proper and reliable implementation of the Examination Affairs are appropriate;
-
(ii)
It provides an accounting and technical basis, which is necessary for the proper and reliable implementation of the plan for the implementation of Examination Affairs under the preceding item; and,
-
(iii)
There is no risk of unfairness in Examination Affairs influenced by other affairs of the applicant, in cases where the applicant conducts affairs other than Examination Affairs.
(2)
The Minister of Internal Affairs and Communications must not designate a Designated Examining Body set forth in paragraph (1) of the preceding Article, in cases where the person who made an application under paragraph (2) of the preceding Article falls under any of the following items:
-
(i)
The applicant is not a general incorporated association or a general incorporated foundation;
-
(ii)
The applicant has had their designation rescinded pursuant to the provisions of paragraph (1) or (2) of Article 4-14 and two years have yet to pass since the date of such rescission; or,
-
(iii)
Any officers fall under any of the following items:
(a)
A person who has been sentenced to a punishment in violation of this Act and for whom two years have yet to pass since the execution of the sentence was completed, or since said person came to no longer be subject to the execution of the sentence; or,
(b)
A person who has been dismissed by an order pursuant to the provisions of Article 4-5, paragraph (2) and for whom two years have yet to pass since the date of such dismissal.
(Public Notice, etc. of Designation)
Article 4-3
(1)
The Minister of Internal Affairs and Communications must issue a public notice of the name, the address of the principal office of the designated agency, as well as the date of designation, when they have designated a Designated Examining Body pursuant to Article 4, paragraph (1).
(2)
A Designated Examining Body must, when changing its name or the address of its principal office, notify the Minister of Internal Affairs and Communications to that effect, not less than two weeks before the date of change.
(3)
The Minister of Internal Affairs and Communications must, when accepting the notice pursuant to the provisions of the preceding paragraph, issue a public notice to that effect.
(Public Notice, etc. of Delegation)
Article 4-4
(1)
The prefectural governor (hereinafter referred to as the "Entrusting Prefectural Governor") who has determined having a Designated Examining Body carry out the Examination Affairs must, while notifying the Minister of Internal Affairs and Communications to that effect, issue a public notice of the name of the Designated Examining Body, the address of its principal office, and the address of the office that performs the Examination Affairs, as well as the date when the delegation of the Examination Affairs to the designated agency was determined.
(2)
A Designated Examining Body shall, when changing its name, the address of its principal office, or the address of the office that performs the Examination Affairs, notify the Entrusting Prefectural Governor (the relevant Entrusting Prefectural Governor as to the change of the address of the office that performs the Examination Affairs) to that effect, not less than two weeks before the date of change.
(3)
The Entrusting Prefectural Governor must, when accepting the notice pursuant to the provision of the preceding paragraph, issue a public notice to that effect.
(Appointment and Dismissal of Officers)
Article 4-5
(1)
The appointment and dismissal of officers of a Designated Examining Body shall not come into effect unless approval by the Minister of Internal Affairs and Communications is given.
(2)
The Minister of Internal Affairs and Communications may order for the dismissal of an officer of a Designated Examining Body when the relevant officer has acted in violation of this Act (including orders or dispositions based on this Act) or the rules of administration on Examination Affairs provided for in Article 4-8, paragraph (1), or has acted extremely inappropriately with respect to the Examination Affairs.
(Examiners)
Article 4-6
(1)
A Designated Examining Body shall select and appoint Certified Administrative Procedures Legal Specialist examiners from among persons who satisfy the requirements specified by Ordinance of the Ministry of Internal Affairs and Communications (hereinafter referred to as "Examiners"), and must have the Examiners prepare examination questions and grade examination papers.
(2)
A Designated Examining Body must, when appointing or dismissing an Examiner, notify the Minister of Internal Affairs and Communications to that effect without any delay.
(3)
The provisions of paragraph (2) of the preceding Article shall apply mutatis mutandis to the dismissal of an Examiner.
(Confidentiality Obligations of the Officers, etc. of a Designated Examining Body)
Article 4-7
(1)
Officers or employees of a Designated Examining Body (including Examiners; the same shall be applied to paragraph (3) hereof) or persons who have taken such positions in the past must not divulge confidential information gained through Examination Affairs.
(2)
Examiners shall maintain an impartial attitude and must not act unfairly in preparing examination questions and in grading examination papers.
(3)
Officers or employees engaged in Examination Affairs of a Designated Examining Body shall be deemed to be officials engaging in public service pursuant to the laws and regulations with respect to the application of the Penal Code (Act No. 45 of 1907) or other penal provisions.
(Rules of Administration on Examination Affairs)
Article 4-8
(1)
A Designated Examining Body shall provide rules with respect to particulars concerning the implementation of Examination Affairs as specified by Ordinance of the Ministry of Internal Affairs and Communications and must obtain approval from the Minister of Internal Affairs and Communications. The same shall apply also to cases where a Designated Examining Body intends to make any change therein.
(2)
A Designated Examining Body must, when intending to make changes to the rules of administration on Examination Affairs pursuant to the provisions of the second sentence of the preceding paragraph, hear the opinion of the Entrusting Prefectural Governor.
(3)
The Minister of Internal Affairs and Communications may order a Designated Examining Body to change the rules of administration on Examination Affairs, when they find that the permitted rules of administration on Examination Affairs under paragraph (1) are not appropriate for the proper and reliable implementation of Examination Affairs.
(Business Plans, etc.)
Article 4-9
(1)
A Designated Examining Body shall prepare a business plan and a budget for income and expenditure year-on-year, and must obtain approval from the Minister of Internal Affairs and Communications prior to each business year (or without delay after obtaining a designation under the provisions of Article 4, paragraph (1) in the case of a business year containing the date of designation). The same shall apply also to cases where a Designated Examining Body intends to make changes therein.
(2)
A Designated Examining Body must hear the opinion of the Entrusting Prefectural Governor when preparing or changing a business plan or a budget for income and expenditure.
(3)
A Designated Examining Body shall prepare a business report and a settlement of income and expenditure for every business year, and must submit these within three months from the end of the relevant business year, to the Minister of Internal Affairs and Communications and the Entrusting Prefectural Governor.
(Keeping and Archiving of Books Concerning Administration of Examination Affairs)
Article 4-10
A Designated Examining Body must keep and archive, pursuant to the provisions of Ordinance of the Ministry of Internal Affairs and Communications, books recording particulars with respect to Examination Affairs as specified by Ordinance of the Ministry of Internal Affairs and Communications.
(Supervision Orders, etc.)
Article 4-11
(1)
The Minister of Internal Affairs and Communications may, when they find it necessary for securing appropriate implementation of Examination Affairs, give a Designated Examining Body a supervision order necessary for supervising Examination Affairs.
(2)
The Entrusting Prefectural Governor may, when they find it necessary for securing the appropriate implementation of Examination Affairs that they have delegated to be carried out, instruct a Designated Examining Body to take measures necessary for the appropriate implementation of the relevant Examination Affairs.
(Collection of Reports and On-Site Inspections)
Article 4-12
(1)
The Minister of Internal Affairs and Communications may, when they find it necessary for securing the appropriate implementation of Examination Affairs, request a Designated Examining Body to make necessary reports on the status of Examination Affairs, or may have their official enter into the office of the Designated Examining Body and inspect the status of the relevant Examination Affairs and/or its equipment, books, documents, and other objects.
(2)
The Entrusting Prefectural Governor may, when they find it necessary for securing the appropriate implementation of Examination Affairs that they have delegated to be carried out, request a Designated Examining Body to make necessary reports on the state of the relevant Examination Affairs, or have their official enter into the office of the Designated Examining Body and inspect the status of the relevant Examination Affairs and/or its equipment, books, documents, and other objects.
(3)
The said official, when conducting the on-site inspection pursuant to the provisions of the preceding two paragraphs, must carry an identification card and present it to those concerned when requested to do so.
(4)
The authority provided in paragraph (1) or (2) must not be construed as being granted for the purpose of criminal investigation.
(Suspension or Abolition of Examination Affairs)
Article 4-13
(1)
A Designated Examining Body must not, without obtaining permission from the Minister of Internal Affairs and Communications, suspend or discontinue all or a part of the Examination Affairs.
(2)
The Minister of Internal Affairs and Communications must not, unless they deem there to be no risk that the appropriate and secure implementation of Examination Affairs will be impaired due to the suspension or discontinuation of all or a part of the Examination Affairs by a Designated Examining Body, grant permission pursuant to the preceding paragraph.
(3)
The Minister of Internal Affairs and Communications must, when intending to grant permission pursuant to paragraph (1), hear the opinions of the relevant Entrusting Prefectural Governor.
(4)
The Minister of Internal Affairs and Communications must, when permission has been granted pursuant to item (i), issue a public notice to that effect, while notifying the relevant Entrusting Prefectural Governor.
(Rescission, etc. of Designation)
Article 4-14
(1)
The Minister of Internal Affairs and Communications must, when a Designated Examining Body falls under the particulars prescribed in item (i) or (iii) of Article 4-2, paragraph (2), rescind the designation of the Designated Examining Body.
(2)
The Minister of Internal Affairs and Communications may, when a Designated Examining Body falls under any of the following items, rescind the designation, or order the suspension of all or a part of the Examination Affairs by a specified period.
-
(i)
When a Designated Examining Body is found to not be satisfying the requirements of any items in Article 4-2, paragraph (1);
-
(ii)
When a Designated Examining Body has violated any of the provisions in Article 4-6, paragraph (1), paragraph (1) or (3) of Article 4-9, Article 4-10, or paragraph (1) of the preceding Article;
-
(iii)
When a Designated Examining Body has violated the order pursuant to the provisions of Article 4-5, paragraph (2) (including cases where it is applied mutatis mutandis pursuant to Article 4-6, paragraph (3)), Article 4-8, paragraph (3), or Article 4-11, paragraph (1);
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(iv)
When a Designated Examining Body has conducted Examination Affairs without complying to the rules of Examination Affairs which were approved under the provisions of Article 4-8, paragraph (1); or,
-
(v)
When a Designated Examining Body has obtained a designation set forth in Article 4, paragraph (1) by wrongful means.
(3)
The Minister of Internal Affairs and Communications must, when having rescinded the designation of a Designated Examining Body pursuant to the preceding two paragraphs or having ordered the suspension of all or a part of the Examination Affairs pursuant to the preceding paragraph, issue a public notice to that effect, while notifying the relevant Entrusting Prefectural Governor to that effect.
(Notification, etc. of Withdrawal of Delegation)
Article 4-15
(1)
The Entrusting Prefectural Governor must, when they have decided not to designate a particular Designated Examining Body to perform Examination Affairs, give advance notice to the relevant Designated Examining Body not less than three months prior to that effect.
(2)
The Entrusting Prefectural Governor must, when they have decided not to designate a particular Designated Examining Body to perform Examination Affairs, issue a public notice to that effect, while submitting a report to the Minister of Internal Affairs and Communications to that effect.
(Implementation of Examination Affairs by the Entrusting Prefectural Governor)
Article 4-16
(1)
The Entrusting Prefectural Governor shall, notwithstanding the provisions of Article 4, paragraph (3), personally conduct all or part of Examination Affairs when the Designated Examining Body has suspended all or a part of Examination Affairs pursuant to the provisions of Article 4-13, paragraph (1), when the Minister of Internal Affairs and Communications orders the Designated Examining Body to suspend all or part of the designated Examination Affairs pursuant to the provisions of Article 4-14, paragraph (2), or when the Minister of Internal Affairs and Communications finds it necessary to do so due to the Designated Examining Body facing difficulty in conducting all or part of the Examination Affairs due to natural disasters or other reasons.
(2)
The Minister of Internal Affairs and Communications must, when the Entrusting Prefectural Governor personally conducts Examination Affairs pursuant to the preceding paragraph or when the reason for the Entrusting Prefectural Governor to conduct Examination Affairs pursuant to the preceding paragraph no longer exists, notify the relevant Entrusting Prefectural Governor to that effect without delay.
(3)
The Entrusting Prefectural Governor must issue a public notice when receiving a notice pursuant to the provisions of the preceding paragraph.
(Delegation under Ordinance of the Ministry of Internal Affairs and Communications of the Succession of Examination Affairs, etc.)
Article 4-17
Particulars concerning the succession of Examination Affairs and other necessary particulars shall be prescribed by Ordinance of the Ministry of Internal Affairs and Communications when the Entrusting Prefectural Governor personally conducts Examination Affairs pursuant to the provisions of paragraph (1) of the preceding Article, when the Minister of Internal Affairs and Communications has permitted the discontinuation of Examination Affairs pursuant to the provisions of Article 4-13, paragraph (1), or they have rescinded the designation of the Designated Examining Body pursuant to the provisions of paragraphs (1) or (2) of Article 4-14, or when the Entrusting Prefectural Governor has decided not to allow the Designated Examining Body to conduct the Examination Affairs.
(Requests for Administrative Review of Dispositions, etc. Made by the Designated Examining Body)
Article 4-18
With respect to the dispositions concerning Examination Affairs conducted by a Designated Examining Body, or inaction in relation to this, a request for administrative review pursuant to the Administrative Appeal Act (Act No. 160 of 1962) may be made to the Minister of Internal Affairs and Communications.
(Examination Fees)
Article 4-19
In cases where examination fees pertaining to a Certified Administrative Procedures Legal Specialist Examination are collected pursuant to the provisions of Article 227 of the Local Autonomy Act (Act No. 67 of 1947), a prefectural government may, pursuant to the prefectural Ordinance, require that a person desiring to apply for a Certified Administrative Procedures Legal Specialist Examination conducted by a Designated Examining Body pursuant to the provisions of Article 4, paragraph (1) pays the Designated Examining Body, and thereby such fees shall be treated as the Designated Examining Body's income.
Article 5
Deleted
Chapter III Registration
(Registration)
Article 6
(1)
If a person who is qualified to be a Certified Administrative Procedures Legal Specialist intends to become a Certified Administrative Procedures Legal Specialist, they must obtain registration in the Certified Administrative Procedures Legal Specialist Registry using their address, name, date of birth, office's name and address, and other particulars as stipulated by the articles of association of the Japan Federation of Certified Administrative Procedures Legal Specialist Associations.
(2)
The Certified Administrative Procedures Legal Specialist Registry shall be kept at the Japan Federation of Certified Administrative Procedures Legal Specialist Associations.
(3)
Registration in the Certified Administrative Procedures Legal Specialist Registry shall be rendered by the Japan Federation of Certified Administrative Procedures Legal Specialist Associations.
(Application and Ruling of Registration)
Article 6-2
(1)
A person who intends to obtain registration as stipulated in paragraph (1) of the preceding Article must apply for registration to the Japan Federation of Certified Administrative Procedures Legal Specialist Associations through a Certified Administrative Procedures Legal Specialist Association established within the prefectural area that includes the location of the association member's business office, and must attach documentation to prove that they are qualified to be a Certified Administrative Procedures Legal Specialist.
(2)
Upon accepting the application for registration stipulated in the provisions of the preceding paragraph, the Japan Federation of Certified Administrative Procedures Legal Specialist Associations must register the applicant in the Certified Administrative Procedures Legal Specialist Registry if they are recognized to be qualified to become a Certified Administrative Procedures Legal Specialist and do not fall under any of the following items, or must refuse registration of the applicant in the Certified Administrative Procedures Legal Specialist Registry if they are not qualified to be a Certified Administrative Procedures Legal Specialist or if they fall under any of the following items.
In this case, when refusing registration, said refusal must be based on a resolution of the Qualifications Screening Board as stipulated in the provisions of Article 18-4 hereof:
-
(i)
A person who is unable to perform official duties as a Certified Administrative Procedures Legal Specialist due to a mental or physical disorder; or,
-
(ii)
A person who might damage the credibility or image of Certified Administrative Procedures Legal Specialists or lacks eligibility according to the responsibilities of a Certified Administrative Procedures Legal Specialist.
(3)
The Japan Federation of Certified Administrative Procedures Legal Specialist Associations must, when intending to refuse registration pursuant to the provisions of the preceding paragraph, notify the relevant applicant to that effect in advance, and provide an opportunity to receive explanation from the relevant Certified Administrative Procedures Legal Specialist or through an agent within a specified period of time.
(4)
The Japan Federation of Certified Administrative Procedures Legal Specialist Associations must, when making registration pursuant to the provisions of paragraph (2) hereof, issue a Certified Administrative Procedures Legal Specialist identification card, and when refusing registration pursuant to the provisions of the preceding paragraph, give written notice to the applicant to that effect and the reasons therefor.
(Requests for Administrative Review When Registration has been Refused, etc.)
Article 6-3
(1)
A person who has been refused registration pursuant to the provisions of paragraph (2) of the preceding Article may request the Minister of Internal Affairs and Communications to make a request for administrative review pursuant to the Administrative Appeal Act.
(2)
If three months after receiving a request for an application of registration, the Japan Federation of Certified Administrative Procedures Legal Specialist Associations has failed to make any disposition on the relevant application, it shall be deemed that the registration has been refused, and the person who made the application for registration pursuant to the provisions of paragraph (1) of the preceding Article may request the Minister of Internal Affairs and Communications for an administrative review pursuant to the preceding paragraph.
In this case, it shall be deemed that the Japan Federation of Certified Administrative Procedures Legal Specialist Associations officially refused the relevant registration on the date on which said request for administrative review was made pursuant to the provisions of paragraph (2) of the same Article.
(3)
The Minister of Internal Affairs and Communications must, when they find a request for administrative review pursuant to the provision of the preceding two paragraphs to be well-grounded, order the Japan Federation of Certified Administrative Procedures Legal Specialist Associations to make a reasonable disposition.
(Registration of Changes)
Article 6-4
Where there has been any change in the particulars registered pursuant to the provisions of paragraph (1) of Article 6, a Certified Administrative Procedures Legal Specialist must immediately file an application for registration of said change to the Japan Federation of Certified Administrative Procedures Legal Specialist Associations, through the Certified Administrative Procedures Legal Specialist Association to which they belong.
(Rescission of Registration)
Article 6-5
(1)
The Japan Federation of Certified Administrative Procedures Legal Specialist Associations must, when having ascertained that a person who has obtained registration as a Certified Administrative Procedures Legal Specialist by deception or other wrongful means, rescind the relevant registration.
(2)
The Japan Federation of Certified Administrative Procedures Legal Specialist Associations must, when having rescinded a registration pursuant to the preceding paragraph, give written notice to the person who is to receive the disposition to that effect and the reasons therefor.
(3)
The provisions of the second sentence of paragraph (2) of Article 6-2 and paragraphs (1) and (3) of Article 6-3 shall apply mutatis mutandis to the rescission of registration pursuant to the provisions of paragraph (1).
(Cancellation of Registration)
Article 7
(1)
The Japan Federation of Certified Administrative Procedures Legal Specialist Associations must cancel the registration of a person who falls under one of the following items:
-
(i)
When they have fallen under any of the grounds listed in items (ii) through (v), (vii) or (viii) of Article 2-2;
-
(ii)
When they have received notification to discontinue their business;
-
(iii)
When they have died; or,
-
(iv)
When they have received a disposition of rescission of their registration pursuant to the provisions of paragraph (1) of the preceding Article.
(2)
The Japan Federation of Certified Administrative Procedures Legal Specialist Associations may cancel the registration of a person who falls under one of the following items:
-
(i)
When a person does not conduct their official duties as a Certified Administrative Procedures Legal Specialist continuously for a period exceeding two years; or,
-
(ii)
When a person is unable to perform official duties as a Certified Administrative Procedures Legal Specialist due to a mental or physical disorder.
(3)
The provisions of the second sentence of paragraph (2) of Article 6-2, paragraphs (1) and (3) of Article 6-3, and paragraph (2) of the preceding Article shall apply mutatis mutandis to the cancellation of registration pursuant to the provisions of the preceding paragraph.
(Return of Certified Administrative Procedures Legal Specialist Identification Cards)
Article 7-2
(1)
In cases where the registration of a Certified Administrative Procedures Legal Specialist has been cancelled, the person themselves, a statutory specialist, or an heir shall, without delay, return the Certified Administrative Procedures Legal Specialist identification card to the Japan Federation of Certified Administrative Procedures Legal Specialist Associations. The same shall apply to cases where a Certified Administrative Procedures Legal Specialist has been subject to a disposition of suspension of business in the business pursuant to the provisions of Article 14.
(2)
The Japan Federation of Certified Administrative Procedures Legal Specialist Associations must, when a Certified Administrative Procedures Legal Specialist corresponding to the second sentence of the preceding paragraph has come to be able to resume their business, reissue the Certified Administrative Procedures Legal Specialist identification card upon request.
(Details of Registration)
Article 7-3
In addition to the items prescribed in this Act, other necessary particulars for registration, including applications for registration, rescission of registration, cancellation of registration, the Certified Administrative Procedures Legal Specialist Registry, Certified Administrative Procedures Legal Specialist identification cards, and others shall be provided for by the Articles of Association of the Japan Federation of Certified Administrative Procedures Legal Specialist Associations.
Chapter IV Obligations of Certified Administrative Procedures Legal Specialists
(Office)
Article 8
(1)
A Certified Administrative Procedures Legal Specialist (excluding a Certified Administrative Procedures Legal Specialist as an employee of another Certified Administrative Procedures Legal Specialist and members or employees of a Certified Administrative Procedures Legal Specialist Corporation (collectively referred to in paragraph (3) as "employed Certified Administrative Procedures Legal Specialist, etc."); the same shall apply to the next paragraph, next Article, and Article 10-2 and Article 11) must establish an office to conduct their business.
(2)
A Certified Administrative Procedures Legal Specialist must not establish two or more offices as stipulated in the preceding paragraph.
(3)
An Employed Certified Administrative Procedures Legal Specialist, etc. must not be allowed to establish an office to conduct their business.
(Keeping and Archiving of Books)
Article 9
(1)
A Certified Administrative Procedures Legal Specialist must keep books concerning the business they conduct in which they shall record the case name, date, amount of remuneration received, address and name of the client and other particulars specified by the prefectural governor.
(2)
A Certified Administrative Procedures Legal Specialist must archive the books stipulated in the preceding paragraph together with relevant documents for two years from the date of closing of the books. The same shall apply when they have ceased to be a Certified Administrative Procedures Legal Specialist.
(Responsibilities of Certified Administrative Procedures Legal Specialists)
Article 10
A Certified Administrative Procedures Legal Specialist shall perform their duties in good faith and must not engage in any act which would harm the credibility or image of Certified Administrative Procedures Legal Specialists.
(Posting, etc. of the Amount of Remuneration)
Article 10-2
(1)
A Certified Administrative Procedures Legal Specialist must post the amount of remuneration to be received for services, at an easily visible place inside their office.
(2)
All Certified Administrative Procedures Legal Specialist Associations and the Japan Federation of Certified Administrative Procedures Legal Specialist Associations must, in order to contribute to the selection of clients and to the convenience of the performance of duties of Certified Administrative Procedures Legal Specialists, make an effort to produce statistics and publish the amount of remuneration to be received for the services of a Certified Administrative Procedures Legal Specialist.
(Obligation to Accept Requests)
Article 11
No Certified Administrative Procedures Legal Specialist shall have the right to reject a client's request, without justifiable grounds for doing so.
(Obligation of Confidentiality)
Article 12
No Certified Administrative Procedures Legal Specialist shall divulge any confidential information that came to their knowledge in connection with particulars involved in their business without justifiable grounds for doing so. The same shall apply when they have ceased to be a Certified Administrative Procedures Legal Specialist.
(Observance of Obligations of the Articles of Association)
Article 13
A Certified Administrative Procedures Legal Specialist must observe the articles of association of the Certified Administrative Procedures Legal Specialist Association to which they belong and those of the Japan Federation of Certified Administrative Procedures Legal Specialist Associations.
(Training)
Article 13-2
A Certified Administrative Procedures Legal Specialist must endeavor to improve their qualifications with regard to their business, such as by attending the training workshops carried out by the Certified Administrative Procedures Legal Specialist Association to which they belong and those of the Japan Federation of Certified Administrative Procedures Legal Specialist Associations.
Chapter V Certified Administrative Procedures Legal Specialist Corporations
(Establishment)
Article 13-3
A Certified Administrative Procedures Legal Specialist may establish a corporation subject to the provisions of this Chapter (hereinafter referred to as "Certified Administrative Procedures Legal Specialist Corporations", meaning a corporation incorporated as a concerted action by multiple Certified Administrative Procedures Legal Specialists aiming to systematically carry out the duties stipulated in Article 1-2 and 1-3; the same shall apply hereinafter).
(Name)
Article 13-4
A Certified Administrative Procedures Legal Specialist Corporation must use the characters “行政書士法人” in its name.
(Eligibility for Membership)
Article 13-5
(1)
The members of a Certified Administrative Procedures Legal Specialist Corporation must be a Certified Administrative Procedures Legal Specialist.
(2)
Persons specified below are not eligible to be a member of a Certified Administrative Procedures Legal Specialist Corporation:
-
(i)
Any person who has been disciplined with suspension pursuant to Article 14, and for whom the applicable suspension period has not yet elapsed; or,
-
(ii)
Any person who was a member of a Certified Administrative Procedures Legal Specialist Corporation within thirty days prior to the date that said Certified Administrative Procedures Legal Specialist Corporation was subject to dissolution or suspension pursuant to Article 14-2, paragraph (1), and for whom three years have not yet passed from the date of such disciplinary action (or in case where the Certified Administrative Procedures Legal Specialist Corporation has been totally suspended from business, the entire applicable suspension period.)
(Scope of Business)
Article 13-6
In addition to the business set forth in Article 1-2 and Article 1-3, a Certified Administrative Procedures Legal Specialist Corporation may, by making provision in its articles of incorporation, engage in all or part of any business designated by Ordinance of the Ministry of Internal Affairs and Communications as equivalent to the business prescribed in those Articles that a Certified Administrative Procedures Legal Specialist may conduct in accordance with relevant laws and regulations.
However, concerning relevant business (hereinafter referred to as "Specified Business") that is subject to the limits of laws and ordinances for Certified Administrative Procedures Legal Specialists who may engage in business designated by Ordinance of the Ministry of Internal Affairs and Communications, such business can only be conducted by a Certified Administrative Procedures Legal Specialist Corporation that has a Certified Administrative Procedures Legal Specialist as a member who is qualified to engage in such Specified Business.
(Registration)
Article 13-7
(1)
A Certified Administrative Procedures Legal Specialist Corporation must be registered pursuant to the provisions set forth in Cabinet Orders.
(2)
Particulars required to be registered as provided for in the preceding paragraph must not be duly asserted against a third party until after they are so registered.
(Establishment Procedures)
Article 13-8
(1)
In order to establish a Certified Administrative Procedures Legal Specialist Corporation, the Certified Administrative Procedures Legal Specialists who are to become members thereof must adopt the articles of incorporation in cooperation with each other.
(2)
The provisions of Article 30, (1) of the Companies Act (Act No. 86 of 2005) shall apply mutatis mutandis to the articles of incorporation of a Certified Administrative Procedures Legal Specialist Corporation.
(3)
The articles of incorporation of a Certified Administrative Procedures Legal Specialist Corporation must state, at a minimum, the following:
-
(i)
Business purpose;
-
(ii)
Name;
-
(iii)
The location/locations of the principal office and secondary offices;
-
(iv)
The names and addresses of its members, distinguishing as to whether they are a Certified Administrative Procedures Legal Specialist that can perform the Specified Business (hereinafter referred to as "Specified Member") in cases where a Certified Administrative Procedures Legal Specialist Corporation aims to carry out the Specified Business; and,
-
(v)
Particulars concerning capital contributions by members.
(Time of Establishment)
Article 13-9
A Certified Administrative Procedures Legal Specialist Corporation is established by a registration of its incorporation being recorded in connection with the location of its principle office.
(Notification, etc. of Establishment)
Article 13-10
(1)
A Certified Administrative Procedures Legal Specialist Corporation must, within two weeks from the date of its establishment, give notification of its establishment, together with a certificate of the registered particulars and articles of incorporation, to the Japan Federation of Certified Administrative Procedures Legal Specialist Associations through a Certified Administrative Procedures Legal Specialist Association established in a district of the prefecture where the principal office of the Certified Administrative Procedures Legal Specialist Corporation is located (hereinafter referred to as the "Certified Administrative Procedures Legal Specialist Association in the Location of the Principal Office").
(2)
The Japan Federation of Certified Administrative Procedures Legal Specialist Associations must, as stipulated by its regulations, prepare the Certified Administrative Procedures Legal Specialist Corporation Registry and keep it in the office.
(Revisions to the Articles of Incorporation)
Article 13-11
(1)
A Certified Administrative Procedures Legal Specialist Corporation may, unless otherwise provided for in the regulations of incorporation, change its articles of incorporation through an agreement of all its members.
(2)
A Certified Administrative Procedures Legal Specialist Corporation must, within two weeks from the date of a revision to its articles of incorporation, notify the Japan Federation of Certified Administrative Procedures Legal Specialist Associations through a Certified Administrative Procedures Legal Specialist Association in the Location of the Principal Office.
(Authentication of the Execution of Business)
Article 13-12
(1)
Any member of a Certified Administrative Procedures Legal Specialist Corporation shall, unless otherwise provided for in the articles of incorporation, have the right and bear the obligation to execute all of its business affairs.
(2)
Notwithstanding the provisions in the preceding paragraph of this Article, in relation to a Certified Administrative Procedures Legal Specialist Corporation whose purpose is to perform Specified Business, only each specified member who is engaged in Specified Business shall have and bear the obligation to execute all of its business affairs.
(Representatives of Corporations)
Article 13-13
(1)
Each member of a Certified Administrative Procedures Legal Specialist Corporation who executes its business affairs shall represent that Certified Administrative Procedures Legal Specialist Corporation.
Provided, however, that the provisions set forth in the preceding paragraph shall not preclude a Certified Administrative Procedures Legal Specialist Corporation from specifying certain members who are to execute its business as its representatives, in accordance with its articles of incorporation or pursuant to the consent of all its members.
(2)
Notwithstanding the provisions of the preceding paragraph of this Article, in the case of a Certified Administrative Procedures Legal Specialist Corporation whose purpose is to perform Specified Business, only each specified member who is engaged in Specified Business shall represent the Certified Administrative Procedures Legal Specialist Corporation.
Provided, however, that the provisions set forth in the preceding sentence shall not preclude said Certified Administrative Procedures Legal Specialist Corporation from specifying certain members who are to execute its business affairs, especially Specified Business, as its representatives, pursuant to the consent of all of the specified members.
(3)
Members who represent a Certified Administrative Procedures Legal Specialist Corporation may entrust other people to act as an agent for particular acts, unless prohibited by the articles of incorporation.
(Permanent Assignment of Members)
Article 13-14
A Certified Administrative Procedures Legal Specialist Corporation must, on a permanent basis, assign to its office a member who belongs to the Certified Administrative Procedures Legal Specialist Association established within the prefectural area that includes the location of the association member's business office.
(Handling of Specified Business)
Article 13-15
A Certified Administrative Procedures Legal Specialist Corporation whose purpose is to perform duties in relation to Specified Business shall not be able to handle the relevant Specified Business in an office where the specified member is not permanently assigned.
(Non-Competition by Members)
Article 13-16
(1)
A member of a Certified Administrative Procedures Legal Specialist Corporation must not carry out, for themselves or for a third party, any business within the scope of business of the said Certified Administrative Procedures Legal Specialist Corporation, and shall not be eligible to be a member of another Certified Administrative Procedures Legal Specialist Corporation.
(2)
If a member of a Certified Administrative Procedures Legal Specialist Corporation commits any acts listed in the preceding paragraph in violation of the provisions of that paragraph for themselves or for a third party, the amount of the profit obtained by the member or any third party as a result of such act shall be presumed to be the amount of damage incurred by the Certified Administrative Procedures Legal Specialist Corporation.
(Mutatis Mutandis Application of Provisions Relating to the Obligations of Certified Administrative Procedures Legal Specialists)
Article 13-17
The provisions of Article 8, paragraph (1), Articles 9 through 11 and Article 13 shall be applied mutatis mutandis to Certified Administrative Procedures Legal Specialist Corporations.
(Statutory Withdrawal)
Article 13-18
A member of a Certified Administrative Procedures Legal Specialist Corporation shall withdraw from the Certified Administrative Procedures Legal Specialist Corporation for the following reasons:
-
(i)
Rescission of Certified Administrative Procedures Legal Specialist registration;
-
(ii)
The occurrence of any of the reasons stipulated in the articles of incorporation;
-
(iii)
Agreement by all members;
-
(iv)
They have fallen under any of the items of Article 13-5, paragraph (2); or,
-
(v)
Dismissal from membership.
(Dissolution)
Article 13-19
(1)
A Certified Administrative Procedures Legal Specialist Corporation shall be dissolved for any of the following reasons:
-
(i)
The occurrence of any of the reasons stipulated in the articles of incorporation;
-
(ii)
Agreement by all members;
-
(iii)
A merger with another Certified Administrative Procedures Legal Specialist Corporation;
-
(iv)
A decision for the commencement of bankruptcy proceedings;
-
(v)
The issuance of a court decision ordering its dissolution; or,
-
(vi)
Becoming subject to dissolution pursuant to the provisions of Article 14-2, paragraph (1), item (iii).
(2)
A Certified Administrative Procedures Legal Specialist Corporation shall, in addition to cases falling under any of the items stipulated in the preceding paragraph, be dissolved if it comes to have only one member and thereafter does not come to have two or more members for a continued period of six months, as of the day when said six months have elapsed.
(3)
If a Certified Administrative Procedures Legal Specialist Corporation is dissolved for any reason other than the one set forth in item (iii) of paragraph (1), it must provide notification thereof within two weeks from the date of dissolution to the Japan Federation of Certified Administrative Procedures Legal Specialist Associations through a Certified Administrative Procedures Legal Specialist Association established where the principal office of the said corporation is located.
(Supervision by the Court)
Article 13-19-2
(1)
The dissolution and liquidation of Certified Administrative Procedures Legal Specialist Corporations shall be subject to the supervision of the court.
(2)
A court may conduct inspections necessary for the supervision set forth in the preceding paragraph at any time by the court's own authority.
(3)
The court supervising a Certified Administrative Procedures Legal Specialist Corporation may seek the opinion of or commission an investigation to the prefectural governor supervising the business of the Certified Administrative Procedures Legal Specialist Corporation.
(4)
The prefectural governor prescribed in the preceding paragraph may state their opinion to the court as prescribed in the preceding paragraph.
(Jurisdiction of cases relating to the supervision of dissolution and liquidation)
Article 13-19-3
Cases relating to the supervision of the dissolution and liquidation of a Certified Administrative Procedures Legal Specialist Corporation shall be subject to the jurisdiction of a court which has jurisdiction over the location of the principal office of the Certified Administrative Procedures Legal Specialist Corporation.
(Appointment of Inspectors)
Article 13-19-4
(1)
The court may appoint an inspector to conduct necessary investigations for the supervision of the dissolution and liquidation of a Certified Administrative Procedures Legal Specialist Corporation.
(2)
No appeal may be entered against the judicial decision to appoint an inspector as set forth in the preceding paragraph.
(3)
In cases where the court has appointed the inspector under paragraph (1) hereof, it may fix the amount of remuneration that the Certified Administrative Procedures Legal Specialist Corporation shall pay to said inspector.
In this case, the court must hear statements from the relevant Certified Administrative Procedures Legal Specialist Corporation and inspector.
(4)
An immediate appeal may be lodged against the judicial decision set forth in the preceding paragraph.
(Mergers)
Article 13-20
(1)
A Certified Administrative Procedures Legal Specialist Corporation may, with the consent of all members, effect a merger with another Certified Administrative Procedures Legal Specialist Corporation.
(2)
The merger shall become effective by registration thereof made by the Certified Administrative Procedures Legal Specialist Corporation which is to survive the merger or the Certified Administrative Procedures Legal Specialist Corporation to be newly established by the merger, in connection with the location of its principal office.
(3)
When a Certified Administrative Procedures Legal Specialist Corporation has merged, it shall notify the Japan Federation of Certified Administrative Procedures Legal Specialist Associations through a Certified Administrative Procedures Legal Specialist Association, within two weeks from the date of the merger, together with attaching a certificate of the registered particulars (or, a certificate of the registered particulars and articles of incorporation, in the case of a Certified Administrative Procedures Legal Specialist Corporation to be established by the merger).
(4)
A Certified Administrative Procedures Legal Specialist Corporation surviving a merger or a Certified Administrative Procedures Legal Specialist Corporation incorporated as a result of a merger shall succeed to the rights and obligations of the Certified Administrative Procedures Legal Specialist Corporation that became extinct through said merger.
(Creditor's Objections, etc.)
Article 13-20-2
(1)
A creditor of a Certified Administrative Procedures Legal Specialist Corporation that is merging may lodge an objection against the merger of the Certified Administrative Procedures Legal Specialist Corporation.
(2)
Each Certified Administrative Procedures Legal Specialist Corporation that is merging must make a public notice in the official gazette and notify each known creditor individually of the following particulars;
provided, however, that the period set forth in item (iii) below cannot be less than one month.
-
(i)
That it is merging;
-
(ii)
The name and location of the principal office of each Certified Administrative Procedures Legal Specialist Corporation to be dissolved, and of the Certified Administrative Procedures Legal Specialist Corporation to survive or to be established as a result of the merger;
-
(iii)
That a creditor may object to the merger within a certain period.
(3)
Notwithstanding the preceding paragraph, individual notifications will not be required if the Certified Administrative Procedures Legal Specialist Corporation to merge or to be merged, in accordance with its articles of incorporation, to which the provisions of paragraph (1) of Article 939 of the Companies Act applies mutatis mutandis to paragraph (6) below, gives a public notice in the manner set forth in items (ii) or (iii) of Article 939, paragraph (1) of the Companies Act, as well as in the Official Gazette.
(4)
A creditor shall be deemed to have approved the merger unless they object to the merger within the period set forth in paragraph (2) item (iii).
(5)
If a creditor objects within the period set forth in paragraph (2), item (iii), the Certified Administrative Procedures Legal Specialist Corporation to merge or to be merged with shall repay their obligations to the creditor, provide sufficient security or entrust sufficient property to a trust company (this refers to a trust company or a financial institution approved pursuant to Article 1, paragraph (1) of the Act on Concurrent Operation, etc. of Trust Business by Financial Institutions (Act No. 43 of 1943)) for the purpose of having the creditor accept repayment;
provided, however, that the foregoing shall not apply if it is not likely that the merger will harm the creditor.
(6)
The provisions of Article 939, paragraph (1) (only with regard to items (ii) and (iii)) and paragraph (3), Article 940, paragraph (1) (only with regard to item (iii)) and paragraph (3), Article 941, Article 946, Article 947, Article 951, paragraph (2), Article 953 and Article 955 of the Companies Act shall apply mutatis mutandis to the public notice by a Certified Administrative Procedures Legal Specialist Corporation pursuant to paragraph (2). In such cases, "method of public notice" as used in Article 939, paragraphs (1) and (3) shall be replaced with "method of public notice of merger" and "trade name" as used in Article 946, paragraph (3) shall be replaced with "name."
(Petition to Invalidate a Merger)
Article 13-20-3
The provisions of Article 828, paragraph (1) (only with regard to items (vii) and (viii)) and paragraph (2) (only with regard to items (vii) and (viii)), Article 834 (only with regard to items (vii) and (viii)), Article 835, paragraph (1), Article 836, paragraphs (2) and (3), Articles 837 through 839, Article 843 (excluding paragraph (1), items (iii) and (iv) and the proviso to paragraph (2)) and Article 846 of the Companies Act shall apply mutatis mutandis to a petition to invalidate a merger of Certified Administrative Procedures Legal Specialist Corporations. The provisions of Article 868, paragraph (5), Article 870 (only with regard to item (xv)), the main text of Article 871, Article 872 (limited to portions pertaining to item (iv)), the main text of Article 873, Article 875 and Article 876 of the Companies Act shall apply mutatis mutandis to a petition set forth in Article 843, paragraph (4) of the Companies Act applied mutatis mutandis in this Article.
(Mutatis mutandis application of the Act on General Incorporated Associations and General Incorporated Foundations and the Companies Act, & other particulars.)
Article 13-21
(1)
The provisions of Article 4 of the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006) and Articles 600, 614 to 619, 621 and 622 of the Companies Act shall apply mutatis mutandis to Certified Administrative Procedures Legal Specialist Corporations; the provisions of Article 580, paragraph (1), Article 581, Article 582, Article 585 paragraphs (1) and (4), Article 586, Article 593, Article 595, Article 596, Article 599 paragraphs (4) and (5), Article 601, Article 605, Article 606, Article 609, paragraphs (1) and (2), Article 611 (except for the proviso in paragraph (1)), Article 612, and Article 613 of the Companies Act shall apply mutatis mutandis to members of Certified Administrative Procedures Legal Specialist Corporations; the provision of Article 589, paragraph (1) of the Companies Act shall apply to liabilities of a person whose conduct misled others to believe that they are a member, and the provisions of Articles 859 to 862 of the Companies Act shall apply mutatis mutandis to the expulsion and petitions seeking extinguishment of the right to execute business and the authority of representation of members of Certified Administrative Procedures Legal Specialist Corporations.
In this case, the term "trade name" in Article 613 of the Companies Act shall be deemed to be replaced with "name", the term "Ordinance of the Ministry of Justice" in Article 615 paragraph (1), Article 617 paragraphs (1) and (2), and Article 618, paragraph (1), item (ii) of the Companies Act shall be deemed to be replaced with "Ordinance of the Ministry of Internal Affairs and Communications", and the term "electromagnetic records" in Article 617, paragraph (3) of the Companies Act shall be deemed to be replaced with "electromagnetic records (meaning the electromagnetic records provided by Article 1, paragraph (2), item (i) of the Certified Administrative Procedures Legal Specialist Act. The same shall apply in paragraph (1), item (ii) of the following Article,)" and the term "provision of Article 594, paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to Article 598, paragraph (2))" of the Companies Act shall be deemed to be replaced with "Article 13-16, paragraph (1)".
(2)
The provisions of Article 644 (except for item (iii)), Articles 645 to 649, Article 650, paragraphs (1) and (2), Article 651, paragraphs (1) and (2) (except for portions pertaining to mutatis mutandis application of Article 594 of the Companies Act), Article 652, Article 653, Articles 655 to 659, Articles 662 to 664, Articles 666 to 673, Article 675, Article 863, Article 864, Article 868, paragraph (1), Article 869, Article 870 (limited to portions pertaining to items (ii) and (iii)), Article 871, Article 872 (limited to portions pertaining to item (iv)), Article 874 (limited to portions pertaining to items (i) and (iv)), Article 875 and Article 876 of the Companies Act shall apply mutatis mutandis to the dissolution and liquidation of Certified Administrative Procedures Legal Specialist Corporations.
In this case, the term "Article 641, item (v)" in Article 644, item (i) of the Companies Act shall be deemed to be replaced with "Article 13-19, paragraph (1),item (iii) of the Certified Administrative Procedures Legal Specialist Act"; the term "Article 641, item (iv) or (vii)" in Article 647, paragraph (3) of the Companies Act shall be deemed to be replaced with "Articles 13-19, paragraph (1), item (v) and/or (vi), or paragraph (2) of the same Article of the Certified Administrative Procedures Legal Specialist Act"; the term "Ordinance of the Ministry of Justice" in Article 658, paragraph (1) and Article 669 of the Companies Act shall be deemed to be replaced with "Ordinance of the Ministry of Internal Affairs and Communications"; the term "Article 641, items (i) to (iii)" in Article 668 , paragraph (1) and Article 669 of the Companies Act shall be deemed to be replaced with "Article 13-19, paragraph (1), item (i) or (ii) of the Certified Administrative Procedures Legal Specialist Act"; the term "Article 939, paragraph (1)" in Article 670, paragraph (3) of the Companies Act shall be deemed to be replaced with "provisions of Article 939, paragraph (1) of the Companies Act which is mutatis mutandis applied to Article 13-20-2, paragraph (6) of the Certified Administrative Procedures Legal Specialist Act"; and the term "Article 580" in Article 673, paragraph (1) of the Companies Act shall be deemed to be replaced with "provisions of Article 580, paragraph (1) of the Companies Act which is mutatis mutandis applied to Article 13-21, paragraph (1) of the Certified Administrative Procedures Legal Specialist Act".
(3)
The provisions of Article 824, Article 826, Article 868, paragraph (1), Article 870 (limited to portions pertaining to item (xiii)), main text of Article 871, Article 872 (limited to portions pertaining to item (iv)), main text of Article 873, Article 875, Article 876, Article 904 and Article 937 , paragraph (1) (limited to portions pertaining to item (iii) (b)) of the Companies Act shall apply mutatis mutandis to orders to dissolve Certified Administrative Procedures Legal Specialist Corporations; and the provisions of Article 825, Article 868, paragraph (1), Article 870 (limited to portions pertaining to item (ii)), Article 871, Article 872 (limited to portions pertaining to items (i) and (iv)), Article 873, Article 874 (limited to portions pertaining to items (ii) and (iii)), Article 875, Article 876, Article 905 and Article 906 of the same Act shall apply mutatis mutandis to the preservation of properties of Certified Administrative Procedures Legal Specialist Corporations in cases where a petition set forth in Article 824, paragraph (1) of the same Act, as applied mutatis mutandis pursuant to this paragraph, has been filed.
(4)
The provisions of Articles 828, paragraph (1) (limited to portions pertaining to item (i)) and (2) (limited to portions pertaining to item (i)), Article 834 (limited to portions pertaining to item (i)), Article 835, paragraph (1), Articles 837 to 839 and Article 846 of the Companies Act shall apply mutatis mutandis to petitions seeking invalidation of the incorporation of Certified Administrative Procedures Legal Specialist Corporations.
(5)
The provisions of Article 833, paragraph (2), Article 834 (limited to portions pertaining to item (xxi)), Article 835, paragraph (1), Article 837, Article 838, Article 846 and Article 937, paragraph (1) (limited to portions pertaining to item (i)-(i)) of the Companies Act shall apply mutatis mutandis to petitions seeking the dissolution of Certified Administrative Procedures Legal Specialist Corporations.
(6)
Upon completion of liquidation, the liquidator shall notify the Japan Federation of Certified Administrative Procedures Legal Specialist Associations to that effect.
(7)
For the purpose of Article 16 of the Bankruptcy Act (Act No. 75 of 2004), a Certified Administrative Procedures Legal Specialist Corporation shall be deemed to be a general partnership company.
Chapter VI Supervision
(On-Site Inspections)
Article 13-22
(1)
A prefectural governor may, when they find it necessary, have their official enter into the office of a Certified Administrative Procedures Legal Specialist or a Certified Administrative Procedures Legal Specialist Corporation and inspect books and relevant documents (if electromagnetic records are prepared in lieu of said books or documents, said electromagnetic records), except for during periods of time before sunrise or after sunset.
(2)
The prefectural governor stipulated in the preceding paragraph must have the relevant officials carry an identification card.
(3)
The relevant officials, when conducting an inspection as stipulated in paragraph (1) hereof, must present their identification card to the relevant person.
(4)
The authority provided for in paragraph (1) must not be construed as being granted for the purpose of criminal investigation.
(Disciplinary Actions against Certified Administrative Procedures Legal Specialists)
Article 14
If a Certified Administrative Procedures Legal Specialist violates this Act, any order, regulations, or any other disposition of the prefectural governor based thereupon, or has committed misconduct which is inappropriate as a Certified Administrative Procedures Legal Specialist, the prefectural governor may take one of the dispositions listed below against the relevant Certified Administrative Procedures Legal Specialist:
-
(i)
Admonition;
-
(ii)
Suspension of business for up to two years; or
-
(iii)
Prohibition of business.
(Disciplinary Actions against Certified Administrative Procedures Legal Specialist Corporations)
Article 14-2
(1)
If a Certified Administrative Procedures Legal Specialist Corporation is deemed to be in violation of this Act, any order, regulations, or any other disposition of the prefectural governor based thereupon, or where its operations are found to be extremely unreasonable as a Certified Administrative Procedures Legal Specialist Corporation, the prefectural governor who has jurisdiction over the location of its principal office may take one of the dispositions listed below against the relevant Certified Administrative Procedures Legal Specialist Corporation:
-
(i)
Admonition;
-
(ii)
Suspension of all or a part of their business for up to two years; or
-
(iii)
Dissolution
(2)
If a Certified Administrative Procedures Legal Specialist Corporation is deemed to be in violation of this Act, any orders, regulations, or any other disposition by the prefectural governor based thereupon, or where its operations are found to be extremely unreasonable as a Certified Administrative Procedures Legal Specialist Corporation, the prefectural governor having jurisdiction over its secondary offices may take one of the dispositions listed below against the relevant Certified Administrative Procedures Legal Specialist Corporation. This shall be limited, however, to cases where such violation, etc. is involved in secondary offices.
-
(i)
Admonition; or,
-
(ii)
Suspension of all or part of the business for up to two years concerning the office of the relevant Certified Administrative Procedures Legal Specialist Corporation existing in the region of the prefecture.
(3)
The prefectural governor shall, when they have taken a disciplinary action set forth in the preceding two paragraphs, as provided for by Ordinance of the Ministry of Internal Affairs and Communications, notify any other prefectural governor who has jurisdiction over another office of the relevant Certified Administrative Procedures Legal Specialist Corporation to that effect.
(4)
A Certified Administrative Procedures Legal Specialist Corporation that has been placed under a procedure of disposition under the provisions of paragraph (1) or paragraph (2) shall be deemed to still exist with regard to the application of the provisions of this Article until said procedure has been completed, even after the completion of its liquidation.
(5)
In issuing a disposition to a Certified Administrative Procedures Legal Specialist Corporation pursuant to the provisions of paragraph (1) or paragraph (2), in cases where there is a fact falling under the preceding Article with regard to the members of the relevant Certified Administrative Procedures Legal Specialist Corporation, this must not be construed to preclude also taking disciplinary action against said Certified Administrative Procedures Legal Specialists who are members of the relevant Certified Administrative Procedures Legal Specialist Corporation.
(Disciplinary Proceedings)
Article 14-3
(1)
Any person who considers there to be grounds for a Certified Administrative Procedures Legal Specialist or a Certified Administrative Procedures Legal Specialist Corporation to fall under the particulars stipulated in Article 14 or paragraph (1) and/or (2) of the preceding Article, may notify the prefectural governors who have jurisdiction over the office of the relevant Certified Administrative Procedures Legal Specialist or Certified Administrative Procedures Legal Specialist Corporation to that effect, and request that appropriate measures be taken.
(2)
In cases where notification pursuant to the provisions of the preceding paragraph has been made, the prefectural governor applicable to the preceding paragraph must conduct an investigation, as required, into the facts that have been notified.
(3)
When making a disposition based on item (2) of Article 14, paragraph (1) item (ii) and/or paragraph (2) item (ii) of the preceding Article, the prefectural governor must conduct a hearing irrespective of the class of procedures for the submission of opinions provided for in Article 13, paragraph (1) of the Certified Administrative Procedures Act.
(4)
This notice, pursuant to the provisions of Article 15-1, paragraph (1) of the Certified Administrative Procedures Act pertaining to any of the dispositions pursuant to the provisions of the preceding paragraph, Article 14, item (iii), and/or paragraph (1), item (iii) of the preceding Article, must be given no later than one week prior to the date of the hearing.
(5)
The proceedings at the date of the hearing set forth in the preceding paragraph must be open to the public.
(Restriction, etc. of cancellation of registration)
Article 14-4
(1)
The prefectural governor, when issuing a disposition to a Certified Administrative Procedures Legal Specialist pursuant to Article 14-1, item (ii) or item (iii), must give notification as provided for in Article 15-1, paragraph (1) of the Administrative Procedures Act, or immediately after giving notice by posting a notification at the posting area at the office as set forth in the first sentence of Article 15-1, paragraph (3) of the same Act dispatch a notice to Japan Federation of Certified Administrative Procedures Legal Specialist Associations to that effect.
(2)
In cases where the Japan Federation of Certified Administrative Procedures Legal Specialist Associations has received a notice pursuant to the preceding paragraph as to the disposition of Certified Administrative Procedures Legal Specialists, the Japan Federation of Certified Administrative Procedures Legal Specialist Associations shall not cancel the registration of the relevant Certified Administrative Procedures Legal Specialist under the provisions of Article 7, paragraph (1), item (ii) or any item of paragraph (2) of the same Article, until receiving notification from the prefectural governor that such disciplinary procedures stipulated in Article 14, paragraph (2) or (3) have been completed.
(Public Notice of Disciplinary Action)
Article 14-5
When the prefectural governor has taken disciplinary action pursuant to the provisions of Article 14-1 or Article 14-2; the prefectural governor shall issue a public notice thereof in the bulletin of the prefecture to that effect without delay.
Chapter VII Certified Administrative Procedures Legal Specialist Associations and the Japan Federation of Certified Administrative Procedures Legal Specialist Associations
(Certified Administrative Procedures Legal Specialist Associations)
Article 15
(1)
A Certified Administrative Procedures Legal Specialist must establish together one Certified Administrative Procedures Legal Specialist Association in every prefecture, and shall formulate articles of association.
(2)
The purpose of Certified Administrative Procedures Legal Specialist Associations shall be to engage in the affairs of guiding and communicating with its members in order to maintain the image of the members, and to advance and improve the business operations of Certified Administrative Procedures Legal Specialists.
(3)
Certified Administrative Procedures Legal Specialist Associations shall be corporations.
(4)
The provisions of Article 4 and Article 78 of the Act Concerning General Corporations and General Foundations shall apply mutatis mutandis to Certified Administrative Procedures Legal Specialist Associations.
(Articles of Association of Certified Administrative Procedures Legal Specialist Associations)
Article 16
In the articles of association of Certified Administrative Procedures Legal Specialist Associations, the particulars listed below shall be specified:
-
(i)
Name, and location of its office;
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(ii)
Provisions relating to officers;
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(iii)
Provisions relating to admission to and withdrawal from membership in the association;
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(iv)
Provisions relating to meetings;
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(v)
Provisions relating to upholding the image of members;
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(vi)
Provisions relating to membership fees;
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(vii)
Provisions relating to assets and accounting;
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(viii)
Provisions relating to the practical training of Certified Administrative Procedures Legal Specialists; and,
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(ix)
Provisions relating to other important particulars of the association.
(Approval of Articles of Association)
Article 16-2
Establishment of or changes to the articles of association of a Certified Administrative Procedures Legal Specialist Association shall not become effective without obtaining the approval of the prefectural governor.
Provided, however, that this shall not be applicable when changing the location of the office of a Certified Administrative Procedures Legal Specialist Association or other particulars prescribed in the Ordinance of the Ministry of International Affairs and Communications.
(Registration of Certified Administrative Procedures Legal Specialist Associations)
Article 16-3
(1)
All Certified Administrative Procedures Legal Specialist Associations must register themselves pursuant to Cabinet Order provisions.
(2)
The particulars that shall be registered pursuant to the provisions of the preceding paragraph must not be asserted against a third party unless such particulars have been registered.
(Officers of Certified Administrative Procedures Legal Specialist Associations)
Article 16-4
(1)
Certified Administrative Procedures Legal Specialist Associations shall have a president, vice president and other officers as prescribed by the articles of association.
(2)
A president shall represent the Certified Administrative Procedures Legal Specialist Association and preside over its affairs.
(3)
A vice president shall assist the president in accordance with decisions made by the president, act as a proxy in the handling of duties of the president if the president is unable to attend to them, and perform the duties of the president if this position is vacant.
(Admission to and withdrawal from membership in Certified Administrative Procedures Legal Specialist Associations)
Article 16-5
(1)
A Certified Administrative Procedures Legal Specialist shall, when obtaining registration as stipulated in Article 6-2, paragraph (2), by operation of law, become a member of the Certified Administrative Procedures Legal Specialist Association established within the prefectural area that includes the location of the association member's business office.
(2)
A Certified Administrative Procedures Legal Specialist shall, when their office has been moved to another prefectural area, by operation of law, withdraw from the previous Certified Administrative Procedures Legal Specialist Association to which they used to belonged, and become a member of the Certified Administrative Procedures Legal Specialist Association established within the prefectural area that includes the location of the association member's business office.
(3)
A Certified Administrative Procedures Legal Specialist shall, when they have fallen under any of the items of Article 7, paragraph (1) or their registration has been cancelled pursuant to the provisions of Article 7, paragraph (2), be by operation of law, withdrawn from the Certified Administrative Procedures Legal Specialists Association to which they used to belong.
(Admission to and withdrawal from membership in Certified Administrative Procedures Legal Specialist Corporations)
Article 16-6
(1)
A Certified Administrative Procedures Legal Specialist Corporation shall, when it is established, become a member of the Certified Administrative Procedures Legal Specialist Association established within the prefectural area that includes the location of the principal office of the said corporation.
(2)
A Certified Administrative Procedures Legal Specialist Corporation that establishes a new office in or relocates its existing office to an outside prefecture to which it belongs shall, upon registration thereof in connection the location of said new or relocated office, become a member of the Certified Administrative Procedures Legal Specialist Association of the district in which said office has been newly located.
(3)
A Certified Administrative Procedures Legal Specialist Corporation shall, when it ceases to be located in a district of the prefecture where its office belongs due to its relocation or discontinuation, be withdrawn by operation of law from the Certified Administrative Procedures Legal Specialist Association to which they used to belong upon registration thereof in connection with the former location of the office.
(4)
A Certified Administrative Procedures Legal Specialist Corporation must, within two weeks from the date of newly becoming a member of a Certified Administrative Procedures Legal Specialist Association, and pursuant to the provisions of paragraph (2) hereof, give notification to that effect, together with a certificate of the registered particulars and articles of incorporation, to the Japan Federation of Certified Administrative Procedures Legal Specialist Associations through the applicable Certified Administrative Procedures Legal Specialist Association.
(5)
A Certified Administrative Procedures Legal Specialist Corporation must, within two weeks from the date of its withdrawal from a Certified Administrative Procedures Legal Specialist Association, and pursuant to the provisions of paragraph (3) hereof, give notification to that effect to Japan Federation of Certified Administrative Procedures Legal Specialist Associations through the Certified Administrative Procedures Legal Specialist Association from which it has withdrawn.
(6)
A Certified Administrative Procedures Legal Specialist Corporation shall, upon its dissolution, withdraw from all of the Certified Administrative Procedures Legal Specialist Associations to which it used to belong.
(Obligations of Certified Administrative Procedures Legal Specialist Associations to Report)
Article 17
(1)
Certified Administrative Procedures Legal Specialists Associations must submit a report to the prefectural governor once a year on the particulars specified in the Ordinance of the Ministry of Internal Affairs and Communications in relation to its members.
(2)
Certified Administrative Procedures Legal Specialists Associations must, when they find that their members are or are likely to be in violation of the provisions of this Act, any order, regulations, or any other particulars involved in the disposition of the prefectural governor under this Act, submit a report to the relevant prefectural governor to that effect.
(The Japan Federation of Certified Administrative Procedures Legal Specialist Associations)
Article 18
(1)
All Certified Administrative Procedures Legal Specialist Associations in Japan must, by formulating the articles of association, together establish the Japan Federation of Certified Administrative Procedures Legal Specialist Associations.
(2)
The purpose of the Japan Federation of Certified Administrative Procedures Legal Specialist Associations shall be to engage in the affairs of guiding and communicating with its members in order to supervise them so that their image can be maintained and the handling of business of Certified Administrative Procedures Legal Specialists can be improved, as well as the administration of affairs relating to the registration of Certified Administrative Procedures Legal Specialists.
(Articles of Association of the Japan Federation of Certified Administrative Procedures Legal Specialist Associations)
Article 18-2
In the articles of association of the Japan Federation of Certified Administrative Procedures Legal Specialist Associations the particulars listed below must be specified:
-
(i)
The particulars set forth in Article 16, paragraph (1), (2), and paragraphs (4) to (8);
-
(ii)
Provisions relating to the registration of Certified Administrative Procedures Legal Specialists;
-
(iii)
Provisions relating to the Qualifications Screening Board; and,
-
(iv)
Provisions relating to other important particulars involved in the business affairs of the Japan Federation of Certified Administrative Procedures Legal Specialist Associations.
Article 18-3
Deleted
(The Qualifications Screening Board)
Article 18-4
(1)
The Japan Federation of Certified Administrative Procedures Legal Specialist Associations shall establish a Qualifications Screening Board.
(2)
The Qualifications Screening Board shall, upon request from the Japan Federation of Certified Administrative Procedures Legal Specialist Associations in which it is established, conduct necessary examinations regarding the refusal of registrations set forth in Article 6-2, paragraph (2), the rescission of registrations set forth in Article 6-5, paragraph (1), or cancellation of registrations set forth in Article 7, paragraph (2).
(3)
The Qualifications Screening Board shall be composed of a president and four board members.
(4)
The president of the Japan Federation of Certified Administrative Procedures Legal Specialist Associations in which the Qualifications Screening Board is established, shall serve as president of said board.
(5)
The president of the Qualifications Screening Board shall, obtaining approval from the Minister of Internal Affairs and Communications, appoint board members from among Certified Administrative Procedures Legal Specialists, staff of the Ministry of Internal Affairs and Communications, and persons with relevant knowledge and experience.
(6)
The term of office of board members shall be two years;
provided, however, that the term of office of substituting board member, who fill in when a vacancy comes about, shall be for the remaining term of office of the member they replace.
(7)
Particulars necessary in addition to the provisions of the preceding respective paragraphs, concerning the organization and management of the Qualifications Screening Board shall be specified by Ordinance of the Ministry of Internal Affairs and Communications.
(Application Mutatis Mutandis of the Provisions Concerning Certified Administrative Procedures Legal Specialist Associations)
Article 18-5
The provisions of Article 15, paragraph (3), (4) and Article 16-2 to Article 16-4 shall be applied mutatis mutandis to the Japan Federation of Certified Administrative Procedures Legal Specialist Associations.
In this case, "prefectural governor" as used in Article 16-2 shall be deemed to be replaced with "the Minister of Internal Affairs and Communications."
(Supervision)
Article 18-6
The relevant prefectural governor with regard to Certified Administrative Procedures Legal Specialist Associations, and the Minister of Internal Affairs and Communications with regard to the Japan Federation of Certified Administrative Procedures Legal Specialist Associations may, when they deem it necessary to do so, have them submit a report or provide recommendations on their business operations.
Chapter VIII Miscellaneous Provisions
(Restriction of Business)
Article 19
(1)
A person who is not a Certified Administrative Procedures Legal Specialist or a Certified Administrative Procedures Legal Specialist Corporation shall not engage in the business stipulated in Article 1-2. This shall not apply, however, when otherwise provided for in other Acts, or when electromagnetic records are to be prepared by a person specified by Ordinance of the Ministry of Internal Affairs and Communications as one who has considerable experience or the capability concerning the procedures prescribed to perform them conventionally and easily by Ordinance of the Ministry of Internal Affairs and Communications.
(2)
When determining the Ordinance of the Ministry of Internal Affairs and Communications set forth in the preceding paragraph, the Minister of Internal Affairs and Communications shall hear the opinions of the Minister of State who has jurisdiction over the laws and ordinances to related to the procedures concerned in advance.
(Restriction on Use of Names)
Article 19-2
(1)
A person who is not a Certified Administrative Procedures Legal Specialist must not make use of that title or any title easily confused with this.
(2)
A person who is not a Certified Administrative Procedures Legal Specialist Corporation must not make use of that title or any title easily confused with this.
(3)
A person who is not a Certified Administrative Procedures Legal Specialist Association or in the Japan Federation of Certified Administrative Procedures Legal Specialist Associations must not make use of either of those titles or any title easily confused with them.
(Obligation of Employees of Certified Administrative Procedures Legal Specialists, etc. to Protect Confidentiality)
Article 19-3
Employees or other workers for Certified Administrative Procedures Legal Specialists or Certified Administrative Procedures Legal Specialist Corporations must not divulge any confidential information which they have come to know about in handling and/or providing assistance for a business without justifiable grounds for doing so. The same shall also apply after they have been relieved as an employee or other worker for a Certified Administrative Procedures Legal Specialist or a Certified Administrative Procedures Legal Specialist Corporation.
(Assistance for the Improvement of Qualifications)
Article 19-4
The Minister of Internal Affairs and Communications shall, in order to improve the qualifications of Certified Administrative Procedures Legal Specialists, hold workshops, and provide informational documents and other necessary assistance.
(Delegation to Ordinance of the Ministry of Internal Affairs and Communications)
Article 20
In addition to what is provided for in this Act, necessary particulars concerning the business operations of Certified Administrative Procedures Legal Specialists or Certified Administrative Procedures Legal Specialist Corporations, as well as supervision of Certified Administrative Procedures Legal Specialist Associations or the Japan Federation of Certified Administrative Procedures Legal Specialist Associations, shall be prescribed by the relevant Ordinances of the Ministry of Internal Affairs and Communications.
Chapter IX Penal Provisions
Article 20-2
Any person who has violated the provisions of Article 4-7, paragraph (1) shall be punished by imprisonment for a term of up to one year or by a fine of up to 500,000 yen.
Article 20-3
In cases where there has been a violation of a suspension order of the Examination Affairs under the provisions of Article 4-14, paragraph (2), the officers or employees of such Designated Examining Body shall be punished by imprisonment for a term of up to one year or by a fine of up to 500,000 yen.
Article 21
A person who falls under any of the following items shall be punished with imprisonment for a term of up to one year or a fine of up to one million yen:
-
(i)
A person without the required qualifications to be a Certified Administrative Procedures Legal Specialist who has their name registered in the Certified Administrative Procedures Legal Specialist Registry through filing a false statement with the Japan Federation of Certified Administrative Procedures Legal Specialist Associations; or,
-
(ii)
A person who has violated the provisions of Article 19-1, paragraph (1).
Article 22
(1)
A person who has violated the provisions of Article 12 or Article 19-3 shall be punished by imprisonment for a term of up to one year or by a fine of up to one million yen.
(2)
The offense provided for in the preceding paragraph may only be prosecuted if a complaint is filed.
Article 22-2
A person who acts wrongfully in the scoring of an examination in violation of the provisions of Article 4-7, paragraph (2), shall be punished by a fine of up to 300,000 yen.
Article 22-3
Any officer or employee of the Designated Examining Body who falls under one of the following items by acting in the said violation shall be punished by a fine of up to 300,000 yen.
-
(i)
When any officer or employee did not prepare their books, or did not make entries in their books, or wrote a false record, or did not keep their books in violation of the provisions of Article 4-10;
-
(ii)
When any officer or employee has been requested to report pursuant to the provisions of Article 4-12, paragraph (1) or (2), but has not submitted the report or has submitted a false report, or has refused, obstructed, and/or has evaded entry or on-site inspections provided for in the provisions of the same paragraphs; or,
-
(iii)
When any officer or employee has discontinued all of the Examination Affairs without obtaining the permission set forth in the provisions of Article 4-13, paragraph (1).
Article 22-4
A person who has violated the provisions of Article 19-2 shall be punished by a fine of up to one million yen.
Article 23
(1)
A person who has violated the provisions of Article 9 or Article 11 shall be punished by a fine of up to one million yen.
(2)
When a Certified Administrative Procedures Legal Specialist Corporation has violated the provisions of Article 9 or Article 11, as applied mutatis mutandis pursuant to Article 13-17, the member(s) of the Certified Administrative Procedures Legal Specialist Corporation that has committed the violation shall be punished by a fine of up to one million yen.
Article 23-2
A person who falls under any of the following items shall be punished by a fine of up to 300,000 yen:
-
(i)
A person who has, in violation of the provisions of Article 955, paragraph (1) of the Companies Act, as applied mutatis mutandis pursuant to Article 13-20-2, paragraph (6), failed to state or record the particulars specified by Ordinance of the Ministry of Justice, concerning the investigation of electronic public notices prescribed in that paragraph or has stated or recorded false particulars in the investigation record book, etc. or has failed to retain the investigation record book, etc.
-
(ii)
A person who has refused, obstructed, or evaded an on-site inspection by a relevant official as provided for in the provisions of Article 13-22, paragraph (1).
Article 23-3
When a representative of a corporation or an agent, worker or other employees of a corporation, or an individual has committed a violation of the provisions in item (i) of the preceding Article, with regard to the business of such corporation or individual, not only shall the offender be punished but also said corporation or individual shall be punished as prescribed in the said Article.
Article 24
When a Certified Administrative Procedures Legal Specialist Association or the Japan Federation of Certified Administrative Procedures Legal Specialist Associations has failed to complete registration in violation of the Cabinet Order based on the provisions of Article 16-3, paragraph (1) (including cases where it is applied mutatis mutandis pursuant to Article 18-5), the representative of the Certified Administrative Procedures Legal Specialist Association or the Japan Federation of Certified Administrative Procedures Legal Specialist Associations shall be punished by a non-criminal fine of up to 300,000 yen.
Article 25
Any person who falls under any of the following items shall be punished by a non-criminal fine of up to one million yen:
-
(i)
A person who has, in violation of the provisions of Article 946, paragraph (3) of the Companies Act, as applied mutatis mutandis pursuant to Article 13-20-2, paragraph (6), failed to submit a report or submitted a false report; or,
-
(ii)
A person who has refused any one of the requests listed in the items of Article 951, paragraph (2) , or the items of Article 955, paragraph (2) of the Companies Act, as applied mutatis mutandis pursuant to Article 13-20-2, paragraph (6), without justifiable grounds for doing so.
Article 26
Any member or liquidator of a Certified Administrative Procedures Legal Specialist Corporation who falls under any of the following items shall be punished by a non-criminal fine of up to 300,000 yen:
-
(i)
When they failed to complete registration in violation of the provisions of a Cabinet Order under this Act;
-
(ii)
When they have effected a merger in violation of Article 13-20-2, paragraph (2) or paragraph (5);
-
(iii)
When they have failed to request an investigation in violation of the provisions of Article 941 of the Companies Act, as applied mutatis mutandis pursuant to Article 13-20-2, paragraph (6);
-
(iv)
When they failed to make a statement or record, or has made a false statement or record of what should be stated or recorded in the accounting books set forth in articles of incorporation or Article 615, paragraph (1) of the Companies Act, as applied mutatis mutandis pursuant to Article 13-21, paragraph (1), or in the balance sheet set forth in Article 617 paragraph (1) or (2) of the same Act, as applied mutatis mutandis in Article 13-21, paragraph (1);
-
(v)
When they failed to petition for the commencement of bankruptcy proceedings in violation of the provisions of Article 656, paragraph (1) of the Companies Act, as applied mutatis mutandis pursuant to Article 13-21, paragraph (2);
-
(vi)
When they have distributed properties in violation of the provisions of Article 664 of the Companies Act, as applied mutatis mutandis pursuant to Article 13-21, paragraph (2); or,
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(vii)
When they have disposed of properties in violation of the provisions of Article 670, paragraph (2) or paragraph (5) of the Companies Act, as applied mutatis mutandis pursuant to Article 13-21, paragraph (2).
Supplementary Provisions
(1)
This Act shall come into effect as of March 1, 1951.
(2)
Any person who is actually performing the business listed in the provisions of Article 1 (excluding one applicable to the items listed in Article 5, item (i) to item (iv)) at the time of the enforcement of this Act, and who had been carrying out the business, in total, for more than three years, shall be deemed to be a Certified Administrative Procedures Legal Specialist pursuant to this Act.
(3)
Any person who has been deemed to be a Certified Administrative Procedures Legal Specialist pursuant to the preceding paragraph shall, within two months of the date of enforcement of this Act, obtain registration as stipulated in the provisions of Article 6 in the area of the prefecture where they are conducting their business, and shall obtain approval as stipulated in the provisions of Article 8, paragraph (2) when they have established a branch office. In cases where such a person has failed to apply for registration within the above period, they shall lose the qualification of a Certified Administrative Procedures Legal Specialist on the date when the above period has elapsed.
(4)
Except for a person who is applicable to paragraph (2) above, any person who is actually performing the business listed in the provisions of Article 1 (excluding the one applicable to the items listed in Article 5, item (i) to item (iv)) at the time of the enforcement of this Act, shall be allowed to perform their business within one year of the date of enforcement using the characters of a Certified Administrative Procedure Legal Specialist in their name.
In this case, the provisions set forth in the provisions of Article 7 to Article 14 and Article 22, as well as the penal provisions of Article 23, item (i) and item (ii) shall be applied mutatis mutandis to said person.
(5)
Any person who shall be allowed to carry out the business of a Certified Administrative Procedures Legal Specialist pursuant to the preceding paragraph shall, within two months of the date of enforcement of this Act, obtain registration as stipulated by the prefectural governor in accordance with the provisions of Article 6 in the prefecture where they are conducting their business. In cases where such person has, within the above period, failed to apply for registration, they shall lose the qualification of a Certified Administrative Procedures Legal Specialist on the date when the above period has elapsed.
(7)
Notwithstanding the provisions in Article 3, any person who is actually performing the business listed in the provisions of Article 1 or who had been carrying out the business for a total of more than one year at the time of the enforcement of this Act, shall be qualified to take the Certified Administrative Procedures Legal Specialist Examination within three years from the time of the enforcement of this Act.
(8)
Concerning the amount of remuneration payable to the business carried out by a person who is actually performing the business listed in the provisions of Article 1, until the relevant prefectural governor determines the amount of remuneration pursuant to the provisions in Article 9, paragraph (1), the amount in the previous examples shall be deemed to be the amount of remuneration determined pursuant to the provisions in Article 9, paragraph (1).
(9)
With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions in force at that time shall remain applicable.
(10)
Building representatives shall, for the time being after the enforcement of this Act, be governed by what is provided for by the applicable Ordinances, and such Ordinances shall be deemed to be Acts regarding the application of the provisions of Article 1-2, paragraph (2) and Article 19, proviso of paragraph (1).
Supplementary Provisions
(1)
This Act shall come into effect as from the day on which one month has elapsed since the date of promulgation.
Supplementary Provisions
(Effective Date)
(1)
This Act shall come into effect as of October 1, 1960;
provided, however, that the provisions stipulated in item (ii) to item (v) of the supplementary provisions shall be enforced from the date of promulgation.
(Transitional Measures Concerning Certified Administrative Procedures Legal Specialist Associations)
(2)
A Certified Administrative Procedures Legal Specialists Association that is actually existing at the time of promulgation of this Act may, before enforcement of this Act, change its articles of association following the examples stipulated in the provisions of Article 16 and Article 16-2 of the Certified Administrative Procedures Legal Specialist Act after revision (hereinafter referred to as the "New Act") and obtain approval of the relevant prefectural governor.
(3)
The change to the articles of association stipulated in the preceding paragraph shall be effective from the date of enforcement of this Act, and Certified Administrative Procedures Legal Specialist Associations that had been established under the Certified Administrative Procedures Legal Specialist Act before revision by this Act shall, limited to the ones approved by the provisions pursuant to the said paragraph, be allowed to continuously survive as Certified Administrative Procedures Legal Specialist Associations by the provisions of the New Act, after the enforcement of this Act.
(4)
Any Certified Administrative Procedures Legal Specialist may, in a period between the date of promulgation and the day before the enforcement of this Act, following the examples stipulated in the provisions of Article 15 to Article 16-2 of the New Act, prepare an article of association and obtain approval on it by the relevant prefectural governor, so that a Certified Administrative Procedures Legal Specialist Association is established.
(5)
The articles of association approved pursuant to the provisions of the preceding paragraph shall be effective in the enforcement of this Act and the relevant Certified Administrative Procedures Legal Specialist Associations shall be deemed to have been established under the New Act on the date of enforcement of the New Act.
(Establishment of the Federation of Certified Administrative Procedures Legal Specialist Associations)
(6)
A Certified Administrative Procedures Legal Specialist Association that has been established pursuant to the provisions of the New Act shall, within three months from the date of enforcement of the Act, establish together the Federation of Certified Administrative Procedures Legal Specialist Associations pursuant to the provisions of Article 18 of the New Act.
(Delegation to Ordinance of the Ministry of Home Affairs)
(7)
Particulars which are necessary regarding the dissolution of Certified Administrative Procedures Legal Specialist Associations and the Federation of Certified Administrative Procedures Legal Specialist Associations pursuant to the provisions of the Certified Administrative Procedures Legal Specialist Act before the revision of the Act by this Act, shall be prescribed by Ordinance of the Ministry of Home Affairs.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of July 1, 1960.
Supplementary Provisions
(Effective Date)
(1)
This Act shall come into effect from the day prescribed by Cabinet Order, within a period not exceeding six months counting from the day of its promulgation.
(Transitional Measures Concerning Former Certified Administrative Procedures Legal Specialists)
(2)
A person who is a Certified Administrative Procedures Legal Specialist at the time of enforcement of this Act shall, notwithstanding the revised provisions of Article 2, paragraph (2), item (v) of the Certified Administrative Procedures Legal Specialist Act, be deemed to be a Certified Administrative Procedures Legal Specialist after the revision of this Act.
Supplementary Provisions
(Effective Date)
(1)
This Act shall come into effect from the day prescribed by Cabinet Order, within a period not exceeding six months counting from the day of its promulgation.
Supplementary Provisions
(Effective Date)
Article 1
The provisions of paragraphs (2) and (4) of the immediately following Article shall come into effect as from the date of its promulgation; the provisions of Article 1, and paragraphs (1), (3) and (5) of the next Article, as well as the supplementary provisions of Article 3 shall come into effect from the day prescribed by Cabinet Order, within a period not exceeding six months counting from the day of its promulgation; and the provisions of Article 2 and the supplementary provisions of Article 4 and Article 5 shall come into effect from the day where one year has elapsed counting from the day of enforcement of the provisions of Article 1.
(Transitional Measures accompanying revision under the provisions of Article 1)
Article 2
(1)
Certified Administrative Procedures Legal Specialist Associations (hereinafter referred to as "Old Certified Administrative Procedures Legal Specialist Associations") established by the provisions of Article 1 of the Certified Administrative Procedures Legal Specialist Act prior to revision by the Act (hereinafter in this Article referred to as the "Old Act") shall, upon enforcement of the provisions of Article 1, become Certified Administrative Procedures Legal Specialist Associations as Corporations (hereinafter referred to as "New Certified Administrative Procedures Legal Specialist Associations") established by the provisions of the revised Article 1 of the Certified Administrative Procedures Legal Specialist Act (hereinafter in this Article referred to as the "New Act"), resulting in the retirement of the officers of Old Certified Administrative Procedures Legal Specialist Associations.
(2)
The Old Certified Administrative Procedures Legal Specialist Associations must, prior to the enforcement of Article 1, take measures necessary to change their articles of association to meet the provisions of the New Act, and appoint officers of the New Certified Administrative Procedures Legal Specialist Associations.
(3)
At the time of enforcement of Article 1, the Federation of Certified Administrative Procedures Legal Specialist Associations established under the Old Act (hereinafter referred to as the "Old Federation") shall become the Japan Federation of Certified Administrative Procedures Legal Specialist Associations as a Corporation (hereinafter referred to as the "New Federation") established under the New Act, and all officers of the Old Federation shall be retired.
(4)
The Old Federation must, prior to the enforcement of Article 1, obtain the approval of the Minister of Home Affairs on the articles of association of the New Federation under the provisions of the New Act, as well as appoint the officers of the New Federation.
(5)
With regard to the application of penal provisions to acts committed prior to the enforcement of Article 1 hereof, the provisions in force at that time shall remain applicable.
(Transitional Measures Accompanying Revision under the Provisions of Article 2)
Article 4
(1)
Concerning the application of the provisions of Article 5, item (v) of the Certified Administrative Procedures Legal Specialist Act after revision under the provisions of Article 2 of this Act (hereinafter referred to as the "New Act"), any person who has had their registration rescinded under the provisions of Article 14, paragraph (1) of the Certified Administrative Procedures Legal Specialist Act before revision under the provision of Article 2 of this Act (hereinafter referred to as the "Old Act") shall be deemed to have been prohibited from practicing business pursuant to Article 14, paragraph (1) of the New Act.
(2)
Applications for registration made to a prefectural governor under the provisions of the Old Act shall be regarded as applications, made on the enforcement day of the provisions of Article 2, for registration as a Certified Administrative Procedures Legal Specialists Association.
(3)
Registration into the Certified Administrative Procedures Legal Specialists Registry under the provisions of the Old Act shall, from the date of enforcement of Article 2, be deemed to be registration into the Certified Administrative Procedures Legal Specialists Registry under the provisions of the New Act.
(4)
With regard to an appeal by a person dissatisfied with a disposition by a prefectural governor concerning registration under the provisions of the Old Act, the appeal in force at that time shall remain applicable.
(5)
A prefectural governor must, on the date of enforcement of Article 2, succeed to the books and records concerning the registration of a Certified Administrative Procedures Legal Specialist including the Certified Administrative Procedures Legal Specialist Registry kept in the prefectural government office of the Certified Administrative Procedures Legal Specialist Association.
(6)
The provisions of Article 6, paragraph (3) of the New Act shall be applied to the application for registration performed on and after the date of enforcement of Article 2, pursuant to Article 6-2, paragraph (1) of the New Act.
(7)
The provisions of Article 9, paragraph (2) of the New Act must also be applied to the books (including relevant documents) that should have actually been preserved pursuant to Article 10, paragraph (2) of the Old Act, as of the date of enforcement of the provisions of Article 2.
(8)
With regard to the application of penal provisions to acts committed prior to the enforcement of Article 2 hereof, the provisions in force at that time shall remain applicable.
Supplementary Provisions
(Effective Date)
(1)
This Act shall come into effect as from September 1, 1980.
(Transitional Measures)
(2)
Any Certified Administrative Procedures Legal Specialist who is actually a member of a Certified Administrative Procedures Legal Specialist Association at the time of enforcement of this Act shall, notwithstanding the revised provisions of Article 1-2, paragraph (2) of the Certified Administrative Procedures Legal Specialist Act, be able to engage in the profession until otherwise provided for by law, in response to the request of others, with fees, for business stipulated in the provisions of Article 2, paragraph (1), item (i) and item (ii) of the Act concerning Public Consultants on Social and Labor Insurance (Act No. 89 of 1978).
(3)
With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions in force at that time shall remain applicable.
Supplementary Provisions
(Effective Date)
(1)
This Act shall come into effect as from April 1, 1983.
(Transitional Measures)
(2)
Any person who, as of the enforcement of this Act, is an active Certified Administrative Procedures Legal Specialist or who has passed the Certified Administrative Procedures Legal Specialist Examination under the provisions of Article 4 of the Certified Administrative Procedures Legal Specialist Act prior to its revision, shall be deemed to be qualified as an Administrative Scrivener under the provisions of Article 2 of the Certified Administrative Procedures Legal Specialist Act after revision (hereinafter referred to as the "New Act".)
(3)
Any person who is not a member of a Certified Administrative Procedures Legal Specialists Association as of the date of enforcement of this Act shall, within the period until the day on which six months have elapsed since the date of enforcement of this Act, submit a written enrollment notice to the Certified Administrative Procedures Legal Specialist Association to which they used to be registered, and any person who has not come to be a member of the relevant Certified Administrative Procedures Legal Specialist Association by the day on which the relevant six months have elapsed shall, being deemed to have fallen under Article 7, paragraph (1), item (iii) of the New Act, be subject to the provisions of the immediate previous paragraph.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect from the day of its promulgation;
provided, however, that the provisions listed in the following items shall come into force as from the day prescribed respectively in those items.
-
(i)
(ii): Omitted, or
-
(iii)
The provisions of Article 14, Article 16, Article 19 and Article 20, Article 22 (excluding the revised provisions of Article 12 to Article 15 of the Act on Medical Radiology Technicians), as well as Article 50 and its supplementary provisions Article 4, Article 5, Article 17 and Article 18:
October 1, 1984.
(Transitional Measures Concerning Other Dispositions, Applications, etc.)
Article 14
With regard to the application of respective revised acts after the date of enforcement of this Act, permissions given and other dispositions imposed or other acts committed pursuant to the provisions of respective acts prior to the revision before the enforcement of this Act (with regard to the provisions listed in the items of Article 1 of the supplementary provisions, the respective provisions; hereinafter the same shall apply in this and Article 16) (hereinafter referred to as the "Dispositions and Other Acts" in this Article), or applications for permission, etc. filed or other acts committed pursuant to the provisions of respective acts prior to revision at the time of the enforcement of this Act (hereinafter referred to as "Applications and Other Acts" in this Article), for which administrative particulars are to be conducted by different persons on the date of enforcement of this Act, shall be deemed to be Dispositions and Other Acts or Applications and Other Acts committed pursuant to the corresponding provisions of the respective revised acts, except those prescribed in the provisions of Article 2 to the immediately preceding Article inclusive of the supplementary provisions and in the provisions concerning transitional measures in the respective revised acts (including orders based thereon).
Supplementary Provisions
(Effective Date)
(1)
This Act shall come into effect from the day prescribed by Cabinet Order, within a period not exceeding one year counting from the day of its promulgation;
provided, however, that the provisions of Article 9 in the supplementary provisions, shall come into effect as of the date of promulgation.
(Transitional Measures)
(2)
Applications for registration that had actually been made, at the enforcement of this Act, to the relevant Certified Administrative Procedures Legal Specialist Associations pursuant to the provisions of the Certified Administrative Procedures Legal Specialist Act prior to the revision (hereinafter referred to as the "Old Act") shall be deemed to be applications for registration made to the Japan Federation of Certified Administrative Procedures Legal Specialist Associations pursuant to the provisions of the revised Certified Administrative Procedures Legal Specialist Act (hereinafter referred to as the "New Act").
(3)
Applications for transfers of registration that have been actually made, as of the date of enforcement of this Act, to the relevant respective Certified Administrative Procedures Legal Specialist Associations pursuant to the provisions of Article 6-5, paragraph (1) of the Old Act shall be deemed to be applications for change of registration made to the Japan Federation of Certified Administrative Procedures Legal Specialist Associations pursuant to the provisions of Article 6-4 of the New Act.
(4)
With regard to fees to be imposed on the applicant for registration or the transfer of registration that has actually been made pursuant to the provisions of the old Act, the provisions in force at that time shall remain applicable.
(5)
With regard to registrations in the Certified Administrative Procedures Legal Specialist Registry pursuant to the provisions of the Old Act, this shall, on and after the date of enforcement of this Act (hereinafter referred to as the "date of enforcement"), be deemed to be registrations in the Certified Administrative Procedures Legal Specialist Registry pursuant to the provisions of the New Act.
(6)
With regard to a request for administrative review (including requests for administrative review filed pursuant to the provisions of Article 6-3, (2) of the Old Act before the date of enforcement of the New Act), with respect to a disposition or inaction pertaining to the registration affairs conducted by a Certified Administrative Procedures Legal Specialist Association, the provisions in force at that time shall remain applicable.
(7)
The provisions of Article 6-5 of the New Act shall be applied to applications for registration made, on and after the date of enforcement of the New Act, to the Japan Federation of Certified Administrative Procedures Legal Specialist Associations pursuant to the provisions of Article 6-2, paragraph (1) of the New Act.
(8)
All Certified Administrative Procedures Legal Specialist Associations must, on the date of enforcement of the New Act, succeed to the books and records concerning the registration of Certified Administrative Procedures Legal Specialists, including the Certified Administrative Procedures Legal Specialist Registry that had been kept in the offices of the Certified Administrative Procedures Legal Specialist Associations, from the Japan Federation of Certified Administrative Procedures Legal Specialist Associations.
(9)
Both all Certified Administrative Procedures Legal Specialist Associations and the Japan Federation of Certified Administrative Procedures Legal Specialist Associations must, prior to the date of enforcement of the New Act, take necessary steps to change their articles of association so that they may conform to the provisions of the New Act.
(10)
Any Certified Administrative Procedures Legal Specialist who, on the date preceding the date of enforcement of this Act, has been a member of a Certified Administrative Procedures Legal Specialist Association that has been established within the prefectural area that includes the location of their business office shall, as a matter of course, become a member of the relevant Certified Administrative Procedures Legal Specialist Association on the date of enforcement.
(11)
Any Certified Administrative Procedures Legal Specialist who, on the date preceding the date of enforcement of this Act, has been a member of a Certified Administrative Procedures Legal Specialist Association that has been established in other than the prefectural area that includes the location of their business office shall, as a matter of course, retire from the former Certified Administrative Procedures Legal Specialist Association and become a member of a Certified Administrative Procedures Legal Specialist Association that has been established in the relevant prefectural area that includes the location of their business office on the date of enforcement of this Act.
(12)
With regard to the application of Article 14 and Article 17 of the New Act to acts in violation of the provisions of the Old Act committed prior to the enforcement of this Act, the provisions in force at that time shall remain applicable.
(13)
With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions in force at that time shall remain applicable.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of the date of promulgation.
Supplementary Provisions
(Effective Date)
(1)
This Act shall come into effect as of July 1, 1991.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of the date on which the Administrative Procedures Act (Act No. 88 of 1993) comes into effect.
(Transitional Measures Concerning Adverse Dispositions Following Consultation, etc.)
Article 2
Where, prior to the enforcement of this Act, a consultation or other request has been filed or made under laws and regulations to a council or any other panel, requiring that procedures equivalent to the procedures to hold hearings or grant the opportunity for explanation, or other procedures to hear statements of opinions prescribed in Article 13 of the Administrative Procedures Act should be implemented, with regard to the procedures to make adverse dispositions pertaining to the consultation or request, the provisions in force at that time shall remain applicable, notwithstanding the provisions of relevant Acts revised by this Act.
(Transitional Measures Pertaining to Penal Provisions)
Article 13
With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions in force at that time shall remain applicable.
(Transitional Measures Concerning Coordination of the Provisions for Hearings)
Article 14
The procedures for hearings (excluding those concerning adverse dispositions) implemented under Acts prior to the enforcement of this Act, or procedures incidental thereto shall be deemed to have been implemented under the relevant provisions of respective Acts revised by this Act.
(Delegation to Cabinet Orders)
Article 15
In addition to the particulars provided for in Article 2 to the immediately preceding Article of the Supplementary Provisions of this Act, the transitional measures necessary for the enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions
(Effective Date, etc.)
(1)
This Act shall come into effect as of the day on which one month has elapsed since the date of promulgation.
(2)
The provision of Article 5, item (iii) of the Certified Administrative Procedures Legal Specialist Act after revision by this Act shall be applicable to the qualification of a Certified Administrative Procedures Legal Specialist who has become bankrupt on or after the date of enforcement of this Act.
(Transitional Measures)
(3)
With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions in force at that time shall remain applicable.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of April 1, 2000;
provided, however, that the provisions listed in the following items shall come into effect as of the day prescribed respectively in those items.
-
(i)
The provisions for revision in Article 1 to add five Articles, the section title, and two subsections and the titles thereof following Article 250 of the Local Autonomy Act (limited, however, to the part concerning Article 250-9, paragraph (1) of the said Act (limited, however, to the part concerning the requirement of consent of both houses)), the provisions in Article 40 to revise paragraphs (9) and (10) of the supplementary provisions of the Natural Parks Act (limited, however, to the part concerning paragraph (10) of the supplementary provisions of the said Act), the provisions of Article 244 (excluding, however, the part concerning the provision to revise Article 14-3 of the Agricultural Improvement and Promotion Act), and the provisions of Article 472 (excluding, however, the part concerning the provisions to revise Article 6, Article 8, and Article 17 of the Act on Special Provisions Concerning Merger of Municipalities), and the provisions of Article 7, Article 10, Article 12, proviso of Article 59, Article 60, paragraphs (4) and (5), Article 73, Article 77, Article 157, paragraphs (4) to (6), Article 160, Article 163, Article 164, and Article 202 of the Supplementary Provisions:
the date of promulgation.
(Transitional Measures Upon Partial Revision of the Certified Administrative Procedures Legal Specialist Act)
Article 153
Any person who, before the date of enforcement of this Act, has passed the Certified Administrative Procedures Legal Specialist Examination conducted pursuant to the provisions of Article 4 of the Administrative Scrivener Examination prior to the revision that has been conducted pursuant to Article 464, shall be deemed to have passed the Certified Administrative Procedures Legal Specialist Examination conducted pursuant to the provisions of Article 3 after its revision that has been conducted pursuant to Article 464.
(Affairs of the National Government, etc.)
Article 159
In addition to what falls under the provisions of respective Acts prior to their revision by this Act, any affairs of the national government, other local governments or other local public organizations (such affairs are referred to as the "Affairs of the National Government, etc." in Article 161 of the supplementary provisions) which have been managed or executed, in accordance with the Act or Cabinet Order thereof by an organization of a local government before the enforcement of this Act, shall, after the enforcement of this Act, be handled in accordance with the Act or Cabinet Order thereof by the local government as its affairs.
(Transitional Measures Concerning Disposition, Application, etc.)
Article 160
(1)
With regard to the application of respective revised acts after the date of enforcement of this Act, permission given and other dispositions imposed or other acts committed pursuant to the provisions of respective acts prior to revision before the enforcement of this Act (with regard to the provisions listed in the items of Article 1 of the supplementary provisions, the respective provisions; hereinafter the same shall apply in this Article and the Supplementary Provisions Article 163) (hereinafter referred to as the "Dispositions and Other Acts" in this article), or applications for permission, etc. filed or other acts committed pursuant to the provisions of respective acts prior to revision at the time of the enforcement of this Act (hereinafter referred to as the "Applications and Other Acts" in this article), for which administrative particulars are to be conducted by a different person on the date of enforcement of this Act, shall be deemed to be Dispositions and Other Acts or Applications and Other Acts committed pursuant to the corresponding provisions of the respective revised acts, except those prescribed in the provisions of Article 2 to the preceding Article inclusive of the supplementary provisions and in the provisions concerning transitional measures in the respective revised acts (including orders based thereon).
(2)
Any particular required to be reported, notified, submitted, etc. to the national government or local governments in accordance with the provisions of respective Acts before revision and before the enforcement of this Act which has not yet been so reported, notified, submitted, etc. before the date of enforcement of this Act, shall, unless otherwise stipulated in this Act or any Cabinet Order thereof, be regarded as not having been reported, notified, submitted, etc. to the national government or equivalent organizations of local governments in accordance with the equivalent provisions of respective Acts after revision, and subject to the application of the provisions of respective Acts revised by this Act.
(Transitional Measures Concerning Appeals)
Article 161
(1)
Any appeal under the Administrative Appeal Act concerning a disposition pertaining to affairs of the national government, etc. which has been made before the implementation date by an administrative agency (hereinafter in this Article referred to as an "Administrative Agency Ordering the Disposition") with its higher agency defined in the Administrative Appeal Act (hereinafter in this Article referred to as a "Higher Administrative Agency") before the implementation date, shall be subject to the application of the Administrative Appeal Act by regarding that such Administrative Agency Ordering the Disposition shall continue to have such Higher Administrative Agency on and after the implementation date. In this case, an administrative agency to be regarded as the Higher Administrative Agency of such Administrative Agency Ordering the Disposition shall be the administrative agency which has been the Higher Administrative Agency of such Administrative Agency Ordering the Disposition before the implementation date.
(2)
In the case of the preceding paragraph, if an administrative agency to be regarded as a Higher Administrative Agency is an organization of local governments, any affairs required to be handled in accordance with the provisions of the Administrative Appeal Act shall be regarded as the Type 1 statutory entrusted function defined in Article 2, paragraph (9), item (i) of the new Local Autonomy Act.
(Transitional Measures Concerning Fees)
Article 162
Regarding fees which should have been paid in accordance with the provisions of respective Acts (including any order thereof) prior to the revision by this Act before the date of enforcement, unless otherwise stipulated in this Act or any Cabinet Order thereof, the provisions in force at that time shall remain applicable.
(Transitional Measures Pertaining to Penal Provisions)
Article 163
With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions in force at that time shall remain applicable.
(Delegation of Other Transitional Measures to Cabinet Orders)
Article 164
In addition to what is provided for in the supplementary provisions, any transitional measure necessary for the enforcement of this Act (including transitional measures concerning penal provisions) shall be provided by Cabinet Order.
(Examination)
Article 250
The Type 1 statutory entrusted function prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act shall be established to the minimum extent possible, and in conjunction with this such affairs listed in Appended Table I of the new Local Autonomy Act and those provided for by Cabinet Order enacted under the new Local Autonomy Act shall be examined from the perspective of promoting decentralization and shall be reviewed as appropriate.
Article 251
The national government shall, in order to enable local governments to execute their affairs and services voluntarily and independently, examine how to secure adequate sources of local tax revenue, based on the sharing of roles between the national government and local governments, taking the prevailing economic trends into account, and shall take necessary measures based on the said examination results.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into force as from the date on which the Act for Partial Revision of the Cabinet Act (Act No. 88 of 1999) comes into effect.
(Delegation to Cabinet Orders)
Article 4
In addition to what is provided for in the preceding two Articles, any particular necessary for the enforcement of this Act shall be provided by Cabinet Order.
Supplementary Provisions
(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 the provisions revised by this Act concerning persons of diminished competence and the curators thereof for whom the provisions in force at that time 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 in force at that time shall remain applicable except for the following provisions:
-
From (i) through (xxv):
Omitted
Article 4
With regard to the application of the provisions to acts committed prior to the enforcement of this Act, the provisions in force at that time shall remain applicable.
Supplementary Provisions
(Effective Date)
Article 1
Except for Article 2 and Article 3, this Act shall come into effect as of January 6, 2001;
provided, however, that the provisions listed in the following items shall come into effect as of the day prescribed respectively in those items:
-
(i)
The provisions of Article 995 (limited to the portion pertaining to the revisionary provisions in the supplementary provisions relating to the partial revision of the Act concerning regulations relating to nuclear source materials, nuclear fuel materials, and nuclear reactors), Article 1305, Article 1306, paragraph (2) of Article 1324, paragraph (2) of Article 1326 and Article 1344:
the day of promulgation;
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of July 1, 2002.
(Transitional Measures)
Article 2
The Japan Federation of Certified Administrative Procedures Legal Specialist Associations shall issue to those that are Certified Administrative Procedures Legal Specialists a Certified Administrative Procedures Legal Specialist identification card, pursuant to the provisions of its articles of association.
However, said Certified Administrative Procedures Legal Specialist identification cards will not be issued to Certified Administrative Procedures Legal Specialists who cannot yet resume business as a Certified Administrative Procedures Legal Specialist, in cases where the relevant person has actually been suspended from providing services as a licensed Certified Administrative Procedures Legal Specialist under the provisions of Article 14, paragraph (1) at the date of enforcement of this Act.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into force as of the date of enforcement of the Public Corporation Act;
provided, however, that the provisions listed in the following items shall come into force as of the date prescribed respectively in those items:
-
(i)
Provisions of Chapter 1, Section 1 (including appended tables 1 to 4 inclusive), and Article 28, paragraph (2), Article 33, paragraphs (2) and (3) and Article 39 of the supplementary provisions:
Day of promulgation.
(Transitional Measures Concerning Penal Provisions)
Article 38
With regard to the application of penal provisions to acts committed prior to the date of enforcement and acts committed after the date of enforcement in cases where the provisions in force at that time shall remain applicable pursuant to the provisions of this Act or where those provisions shall remain in force pursuant to the supplementary provisions, the provisions in force at that time shall remain applicable.
(Delegation of Other Transitional Measures to Cabinet Orders)
Article 39
In addition to what is provided for in this Act, transitional measures necessary for the enforcement of the Public Corporation Act and this Act (including transitional measures concerning penal provisions) shall be specified by Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into force as of the day of enforcement of the Act on Use of Information and Communications Technology in Administrative Procedures, etc. (Act No. 151 of 2002).
(Transitional Measures Concerning Penal Provisions)
Article 4
With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions in force at that time shall remain applicable.
(Delegation of Other Transitional Measures to Cabinet Orders)
Article 5
In addition to the particulars provided for in the preceding three Articles, transitional measures necessary for the enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into force as of the day of effectuation of the Local Incorporated Administrative Agency Act (Act No. 118 of 2003)
(Delegation of Other Transitional Measures to Cabinet Order)
Article 6
In addition to those provided for in the supplementary provisions, the necessary transitional measures in connection with the effectuation of this Act shall be set forth by Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of August 1, 2004;
provided, however, that the provisions of Article 5 of the supplementary provisions of this Act shall come into force as of the day of promulgation.
(Special Provisions for the Business of Certified Administrative Procedures Legal Specialist Corporations)
Article 2
(1)
Any Certified Administrative Procedures Legal Specialists Corporation shall, when assuming a Certified Administrative Procedures Legal Specialist who is qualified to be engaged in the business prescribed in the provisions of Article 2, paragraph (1), items (i) and (ii) of the Act Concerning Public Consultants on Social and Labor Insurance (Act No. 89 of 1968), based on the provisions of paragraph (2) of the supplementary provisions of the Act Partially Revising the Certified Administrative Procedures Legal Specialist Act (Act No. 29 of 1980) as a member, be able to engage in such business.
(2)
In cases where a Certified Administrative Procedures Legal Specialist Corporation engages in the business pursuant to the preceding paragraph, such business shall be deemed to be Specified Business as provided for in the proviso to Article 13-6 of the Certified Administrative Procedures Legal Specialist Act after its revision by this Act (hereinafter referred to as the "New Act") and the Certified Administrative Procedures Legal Specialist as a member is qualified to be engaged in such business and shall be deemed to be a Specified Member pursuant to Article 13-8,paragraph (3), item (iv) of the New Act, both being applied to the New Act.
(Transitional Measures Regarding Notice for the Start of Disciplinary Proceedings against the Japan Federation of Certified Administrative Procedures Legal Specialist Associations)
Article 3
The provisions of Article 14-4, paragraph (1) of the New Act shall not be applied to cases where a notice has been dispatched under Article 15, paragraph (1) or a notice has been posted under paragraph (3) of the same Article of the Administrative Procedures Act (Act No. 88 of 1993), before the date of enforcement of this Act (hereinafter referred to as the "Enforcement Date".)
(Transitional Measures Concerning Public Notice of Disciplinary Action against Certified Administrative Procedures Legal Specialists)
Article 4
The provisions of Article 14-5 of the New Act, in cases where disciplinary action had been taken before the date of enforcement pursuant to Article 14, paragraph (1) of the Certified Administrative Procedures Legal Specialist Act before revision by this Act, shall not be applied.
(Transitional Measures Concerning Changes in the Articles of Association of Certified Administrative Procedures Legal Specialist Associations and the Japan Federation of Certified Administrative Procedures Legal Specialist Associations)
Article 5
Certified Administrative Procedures Legal Specialist Associations and the Japan Federation of Certified Administrative Procedures Legal Specialist Associations shall, before the date of enforcement, make changes in their articles of association as required with the enforcement of this Act, and must obtain approval from the relevant prefectural governor or the Minister of Internal Affairs and Communications.
In this case, the relevant changes and approval shall come into effect as of the date of enforcement.
(Transitional Measures Concerning Restrictions on the Use of Names)
Article 6
The provisions of Article 19-2, paragraph (2) or paragraph (3) of the New Act shall not apply to a person who has, at the time of the enforcement of this Act, used certain titles which are likely to mislead the public into believing that such person is a Certified Administrative Procedures Legal Specialist Corporation, Certified Administrative Procedures Legal Specialist Association, and/or the Japan Federation of Certified Administrative Procedures Legal Specialist Associations, or a member thereof in their name, for six months after the enforcement of this Act.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as from date on which the Bankruptcy Act comes into effect (Act No. 75 of 2004; referred to as "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);
provided, however, that the provisions of Article 48 shall enter into force on a day later than either the day of enforcement of the partial revision of the Certified Administrative Procedures Legal Specialist Act (Act No. 131 of 2003) or the day of enforcement of this Act.
(Transitional Measures Regarding the Application of Penal Provisions, etc.)
Article 12
With regard to the application of penal provisions to acts committed prior to the date of enforcement and acts committed after the date of enforcement in cases where those provisions shall remain in force pursuant to supplementary provisions including Article 2, paragraph (1), Article 3, paragraph (1), Article 4, Article 5, paragraph (1), Article 9, Article 17, Article 19, and Article 21, as well as the provisions of Article 6, paragraphs (1) and (3) of this Article, provisions in force at that time shall remain applicable.
(Delegation to Cabinet Orders)
Article 14
In addition to what is prescribed in the supplementary provisions of Article 2 to the preceding article, the necessary transitional measures concerning enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect from the day prescribed by Cabinet Order, within a period not exceeding one year counting from the day of its promulgation.
(Transitional Measures Regarding the Application of Penal Provisions)
Article 3
The previous penal provisions remain applicable to acts committed prior to the enforcement of this Act, and to acts committed subsequent to the enforcement of this Act if the provisions previously in force are to remain applicable pursuant to the provisions of the preceding Article.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into force as of the day of the enforcement of the Real Property Registration Act.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of April 1, 2005.
(Transitional Measures Concerning Penal Provisions)
Article 4
With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions in force at that time shall remain applicable.
Supplementary Provisions
(Effective Date)
This Act shall come into effect as of the day of enforcement of the Companies Act.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of the date the Postal Service Privatization Act comes into effect.
(Transitional Measures upon Partial Revision of the Certified Administrative Procedures Legal Specialist Act)
Article 84
(1)
With regard to the application of the provisions of Article 2 of the Certified Administrative Procedures Legal Specialist Act after the revisions pursuant to the provisions of Article 42, the period for taking charge of business equivalent to the administrative affairs provided for in the provisions of Article 2, paragraph (6) shall include the period for taking charge of business equivalent to the administrative affairs as an officer or an employee of an Old Public Corporation.
(2)
With regard to an officer or an employee of an Old Public Corporation who has been charged in a disciplinary action pursuant to the provisions of Article 2-2, paragraph (5) of the Certified Administrative Procedures Legal Specialist Act prior to the revision pursuant to the provisions of Article 42, the provisions of the said paragraph shall remain effective.
(Transitional Measures Concerning Penal Provisions)
Article 117
With regard to the application of penal provisions to acts committed prior to the enforcement of this Act; acts committed after the enforcement of this Act in cases where the provisions previously in force shall remain applicable pursuant to the provisions of the Supplementary Provisions; acts committed prior to the expiration of the provisions of Article 38-8 of the former Postal Money Order Act (limited to the segment pertaining to items (ii) and (iii)) which shall remain in force pursuant to the provisions of Article 9, paragraph (1) of the Supplementary Provisions even after the enforcement of this Act; acts committed prior to the lapse of the provisions of Article 70 of the former Postal Transfer Act (limited to the segment pertaining to items (ii) and (iii)) which shall remain in force pursuant to the provisions of Article 13, paragraph (1) of the Supplementary Provisions after the enforcement of this Act; acts committed prior to the invalidation of the provisions of Article 8 of the former Act on the Entrustment of Postal Transfer Deposit and Contribution (limited to the segment pertaining to item (ii)) which shall remain in force pursuant to the provisions of Article 27, paragraph (1) of the supplementary provisions even after the enforcement of this Act; acts committed before the lapse of the provisions of Article 70 of the former Public Companies Act (limited to the segment pertaining to item (ii)) which shall remain in force pursuant to the provisions of Article 39, paragraph (2) of the supplementary provisions even after the enforcement of this Act; acts committed prior to the lapse of the provisions of Articles 71 and 72 of the former Public Companies Act (limited to the segment pertaining to item (xv)) which shall remain in force pursuant to the provisions of Article 42, paragraph (1) of the supplementary provisions even after the enforcement of this Act; and acts committed prior to the specified day pertaining to the post savings bank prescribed in Article 104 of the Postal Service Privatization Act in cases where the provisions of Article 2, paragraph (2) of the supplementary provisions is applicable, the provisions in force at that time shall remain applicable.
Supplementary Provisions
This Act shall come into effect as of the date the Act on General Incorporated Association and General Incorporated Foundation comes into effect.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of April 1, 2007.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of the day prescribed by Cabinet Order, within a period not exceeding six months counting from the day of its promulgation.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of July 1, 2008.
(Transitional Measures)
Article 2
(1)
The provisions of Article 2-2, item (iv) of the Certified Administrative Procedures Legal Specialist Act after revision is made based on this Act, shall be applicable to any person who has been sentenced to punishment pursuant to the punishment provided for in the same paragraph after the date of enforcement of this Act (hereinafter referred to be as the "Date of Enforcement"); the provisions of Article 2-2, items (v) to (vii) of the New Act, shall be applicable to any person who has received a disposition pursuant to the disposition provided for in the same paragraphs after the Date of Enforcement; and with regard to the reasons for disqualification involving any person who has been sentenced to punishment pursuant to the punishment provided for in Article 2-2, paragraph (4) of the Certified Administrative Procedures Legal Specialist Act before revision made based on this Act (hereinafter referred to be as the "Old Act"), as well as the reasons for disqualification involving any person who has received a disposition pursuant to the disposition provided for in Article 2-2, items (v) to (vii) of the Old Act both before the Date of Enforcement, the provisions in force at that time shall remain applicable.
(2)
The provisions of Article 2-2, item (viii) of the New Act shall be applicable to any person who has received a disposition pursuant to the disposition provided for in the same paragraphs after the Date of Enforcement.
(3)
The provisions of Article 13-5, paragraph (2), item (ii) of the New Act shall be applicable to any person who has received a disposition pursuant to the disposition provided for in the same paragraphs after the Date of Enforcement; with regard to the reasons for disqualification involving a staff member who has received a disposition pursuant to the disposition provided for in Article 13-5, paragraph (2), item (ii) of the Old Act before the Date of Enforcement, the provisions in force at that time shall remain applicable.
(4)
The provisions of Article 14, item (ii) of the New Act shall be applicable to any acts conducted by a Certified Administrative Procedures Legal Specialist after the date of enforcement of the Act, that constitute violating orders, rules or other dispositions of a prefectural governor, or material misconduct as an Certified Administrative Procedures Legal Specialist; and with regard to any acts conducted by an Certified Administrative Procedures Legal Specialist before the date of enforcement of the Act, that constitute violating orders, rules or other dispositions of a prefectural governor, or material misconduct as an Certified Administrative Procedures Legal Specialist, the provisions previously in force shall remain applicable.
(5)
The provisions of Article 14-2, paragraph (1), item (ii), and paragraph (2), item (ii) of the same Article of the New Act shall be applicable to any acts conducted by a Certified Administrative Procedures Legal Specialist Association after the date of enforcement of the Act, that constitute violating orders, rules or other dispositions of a prefectural governor or when its operation is found to be extremely inappropriate; and with regard to any acts conducted by a Certified Administrative Procedures Legal Specialist Association before the date of enforcement of the Act, that constitute violating orders, rules or other dispositions of a prefectural governor or when its operation is found to be extremely inappropriate, the provisions previously in force shall remain applicable.
Supplementary Provisions
(Effective Date)
Article 1
This Act shall come into effect as of the day on which twenty days have elapsed since the day of promulgation.
Supplementary Provisions
This Act shall come into effect as of the day of enforcement of the new Non-Contentious Cases Procedures Act.