MONEY TALKS
Starting a businessDo you see business
opportunities around every corner, but dread the thought of tackling the Japanese
bureaucratic system to launch your idea? In reality, there are few barriers keeping you
from getting started. Jeffrey Strain explains the basics of starting your own company.
For those who have entertained the idea of starting their own business in Japan, but have
refrained from trying because they thought it would be next to impossible, the truth is
that there are few obstacles in your way. In fact, according to the Japan External Trade
Organization, foreign investment is welcome with no additional restrictions placed on
foreigners when setting up a company than their Japanese counterparts.
While extra bureaucratic restrictions for foreigners don't exist, getting a company
started in Japan is still not a walk in the park. You'll need to do the same extensive
preparation and research you'd need to do in your native country before undertaking the
task if you want to make your company a success. That would include making a business
plan, doing market research, securing financing for your venture, etc. While the
additional challenges of setting up a company in Japan are manageable for those with
superior Japanese skills, those who lack them or who don't have business backgrounds will
probably need to seek help from experts to get their company started.
Once you've completed the preliminary preparations to get your business off the ground,
then the legal and administrative work to make the company a reality begins. These tasks
range from doing a name search to make sure the company name you want to use is available,
to finding out what government permits, licenses and approval you'll need for the
particular business field you've chosen. For example, companies which want to conduct
activities deemed to be in the national interest, or of national security, must give prior
notification to the Finance Ministry as well as any other relevant ministries which have a
connection with that particular field. While it's true that these restrictions would not
apply to the average person wanting to start a company, it's also true that diverse
activities such as agriculture and leather product manufacturing fall under these
headings.
"The
largest obstacle to starting a business in Japan for many is the language." |
After
doing the appropriate searches and completing the needed documents, it'll be necessary to
complete your company's articles of incorporation (teikan). These articles must
contain the company's name, the company's objectives, the amount of authorized share
capital, as well as any other fundamental matters relating to the proposed business. Once
completed, the articles must be notorized by a public notary before being submitted to the
Legal Affairs Bureau to register the company.
There are two types of companies you can choose from when submitting your articles of
incorporation; a joint stock corporation (kabushiki kaisha), or a limited
liability corporation (yugen kaisha). While there are a variety of differences
between the two types of companies (see table), the main difference which tends to
influence most individual foreigners wanting to start a company is the amount of capital
required. Joint stock corporations have a minimum capital requirement of more than JY10
million, while limited liability corporations only require JY3 million in capital. Thus,
limited liability corporations are favored for financial reasons by most wanting to start
a company in Japan.
There are several types of working visas available for those starting a company in Japan
(Investor/Business Manager, Engineer, Specialist in Humanities/International Services,
Intra-company Transferee), but the most common for individuals is the Investor/Business
Manager visa. The requirements for this visa include having a business facility in Japan,
two or more employees living in Japan engaged in the business, experience in business
management and a sufficient salary for the applicant. Still, the largest obstacle to
starting a business in Japan for many is the language.
In most cases it makes sense for even those individuals with top Japanese language skills
to hire a legal agent (shihoshoshi) to handle and prepare the required Japanese documents
and paperwork. For those looking for a challenge, a number of "How To" books in
Japanese are available at most bookstores on starting up a business. The Japanese External
Trade Organization's website (www.jetro.go.jp) also
provides a large amount of basic downloadable information in English on this subject. In
the end, the process will provide those considering starting up a company in Japan a
number of challenges, yet it's probably a lot easier than commonly thought for those ready
to launch their perfect idea.
Reproduced by permission of Kansai Time Out. |