THE SPECIAL MEASURES LAW CONCERNING
THE HANDLING OF LEGAL BUSINESS BY FOREIGN LAWYERS
(The Foreign Lawyers Law)

Chapter IV. Registration, Practice and Supervision of a Gaikokuho-Jimu-Bengoshi

Section 3. Rights and Obligations of a Gaikokuho-Jimu-Bengoshi

(Indication of status as a gaikokuho-jimu-bengoshi)

Article 44. A gaikokuho-jimu-bengoshi shall use the title of a gaikokuho-jimu-bengoshi when he or she performs his or her business and append to such title the name of the country of primary qualification.

(Gaikokuho-jimu-bengoshi's office)

Article 45.

1. The office of a gaikokuho-jimu-bengoshi shall be named gaikokuho-jimu-bengoshi-jimusho.
2. The name of the office of a gaikokuho-jimu-bengoshi shall not use the name of any other individual or organization. However, a gaikokuho-jimu-bengoshi may use the name of juristic person, partnership or other business entity of his or her country of primary qualification which has as its object the conduct of legal business and to which he or she belongs (hereinaft er referred to as "a business entity to which a gaikokuho-jimu-bengoshi belongs"), only in the following cases:
   • (1) when there is no other gaikokuho-jimu-bengoshi who uses the name of the business entity concerned to which he or she belongs.
   • (2) when he or she has his or her office in common with another gaikokuho-jimu-bengoshi who is already using the name of the business entity concerned to which he or she belongs.
3. Notwithstanding the provisions of the preceding two paragraphs, a gaikokuho-jimu-bengoshi may use the name of the office of a bengoshi when he or she is employed by the bengoshi.
4. The office of a gaikokuho-jimu-bengoshi shall be established within the district where the bar association to which he or she belongs is situated.
5. A gaikokuho-jimu-bengoshi may not establish more than one office, under any name, in Japan.

(Indication of the law of the country of primary qualification and of designated laws)

Article 46.

1. A gaikokuho-jimu-bengoshi shall be required to display a sign indicating the law of the country of primary qualification and designated laws, if any, at a place easily visible to the public inside his or her office, under the provisions of the regulations of the Japan Federation of Bar Associations.
2. Besides the display of a sign under the preceding paragraph, necessary matters concerning the indication of the law of the country of primary qualification and of designated laws shall be stipulated by the regulations of the Japan Federation of Bar Associations.

(Use of the title of a foreign lawyer, etc.)

Article 47.

1. A gaikokuho-jimu-bengoshi may, in performing his or her business, use the title of a foreign lawyer in his or her country of primary qualification, only when he or she appends it to his or her title of gaikokuho-jimu-bengoshi and the name of his or her country of primary qualification.
2. A gaikokuho-jimu-bengoshi may, besides in cases where he or she may use the name of the business entity to which he or she belongs under the proviso of Paragraph 2 of Article 45, use the name in performing his or her business, only when he or she appends it to his or her name or the name of his or her office in cases set forth in all the items of the same paragraph.

(Obligation of residence)

Article 48.

1. A gaikokuho-jimu-bengoshi shall be required to stay in Japan for not less than a hundred and eighty days per year.
2. In cases where a gaikokuho-jimu-bengoshi leaves Japan and is at a place outside Japan due to his or her own or his or her relative's injury or illness or other unavoidable circumstances, the period for which he or she is at such place outside Japan shall be regarded as the period of his or her stay in Japan for purposes of the application of the provisions of the preceding paragraph.

(Prohibition of employment of a bengoshi, etc.)

Article 49.

1. A gaikokuho-jimu-bengoshi shall not employ a bengoshi.
2. A gaikokuho-jimu-bengoshi shall not, under a kumiai contract or other kind of contract, run a joint enterprise with a specific bengoshi which has as its object the conduct of legal business, or receive a share of the fees or other profits which a specific bengoshi gains for the performance of legal business.

(Specific joint enterprise)

Article 49-2.

1. A gaikokuho-jimu-bengoshi may, notwithstanding the provisions of Paragraph 2 of the preceding Article, only in cases where he or she does so with a specific bengoshi who has experience of having engaged in practice as a bengoshi for five years or more, run, under a kumiai contract or other kind of contract, a joint enterprise which has as its object the conduct of legal business listed as follows:
   • (1) legal business which requires knowledge of the law of a foreign country which is or was in force in that country.
   • (2) legal business which deals with legal cases all or part of whose parties are persons who have addresses or main offices or headquarters in foreign countries.
   • (3) legal business which deals with legal cases committed by a company fifty percent or more of whose stocks issued or capital invested is owned by persons who have addresses or main offices or headquarters in foreign countries.
2. For purposes of the application of the provisions of the preceding paragraph, handling of legal business or provision of services concerning legal business based on knowledge of law in a foreign country after being registered in the Register of Bengoshi (the maximum total shall be limited to two years), or experience as a judge or a public prosecutor after being qualified to become a bengoshi shall be regarded as experience of having engaged in practice as a bengoshi.
3. When a gaikokuho-jimu-bengoshi runs a joint enterprise provided for in Paragraph 1 (hereinafter referred to as "a specific joint enterprise"), he or she shall not unduly participate in legal business or other business which the bengoshi who runs the specific joint enterprise performs by himself or herself.

(Notification of a specific joint enterprise)

Article 49-3.

1. When a gaikokuho-jimu-bengoshi intends to run a specific joint enterprise, he or she shall notify beforehand the Japan Federation of Bar Associations of the name and office of the bengoshi who intends to run the specific joint enterprise with him or her, the scope of legal business to be dealt with in the specific joint enterprise and other matters which shall be stipulated by the regulations of the Japan Federation of Bar Associations. In this case, the documents which shall be stipulated by the Japan Federation of Bar Associations shall be attached.
2. The Japan Federation of Bar Associations shall, upon receipt of the notification in accordance with the provisions of the preceding paragraph, register the matters of which it was notified and which shall be stipulated by the regulations of the Japan Federation of Bar Associations as a supplement to the registration of the gaikokuho-jimu-bengoshi concerned.
3. In cases where the gaikokuho-jimu-bengoshi who has made notification in accordance with the provisions of Paragraph 1 intends to modify the scope of legal business to be dealt with in the specific joint enterprise or other important matters which shall be stipulated by the regulations of the Japan Federation of Bar Associations, he or she shall notify beforehand the Japan Federation of Bar Associations of such modification.
4. When a notification is made in accordance with the provisions of the preceding paragraph, the Japan Federation of Bar Associations shall correct, on the basis of such notification, the matters registered as a supplement to the registration of the gaikokuho-jimu-bengoshi concerned in accordance with the provisions of Paragraph 2.
5. In cases where a gaikokuho-jimu-bengoshi who had made the notification in accordance with the provisions of Paragraph 1 has ceased to run the specific joint enterprise, he or she shall notify the Japan Federation of Bar Associations of such fact without delay.
6. When a notification is made in accordance with the provisions of the preceding paragraph, the Japan Federation of Bar Associations shall delete the matters registered as a supplement to the registration of the gaikokuho-jimu-bengoshi concerned in accordance with the provisions of Paragraph 2.
7. When a notification is made in accordance with the provisions of Paragraphs 1, 3 or 5, the Japan Federation of Bar Associations shall give a written notice of matters of which it was notified to the bar association to which the gaikokuho-jimu-bengoshi concerned belongs and the bar association to which the bengoshi who intends to run, runs or ran the specific joint enterprise concerned belongs.

(Indication of a specific joint enterprise)

Article 49-4. A gaikokuho-jimu-bengoshi who made the notification in accordance with the provisions of Paragraph 1 of the preceding Article shall append to the name of his or her office the fact that a specific joint enterprise is run and the name of the office of the bengoshi who runs the specific joint enterprise concerned.

(Application mutatis mutandis of the Bengoshi Law, etc.)

Article 50.

1. The provisions of Articles 23 to 30 of the Bengoshi Law shall apply mutatis mutandis to a gaikokuho-jimu-bengoshi.
2. The provisions of Paragraph 2 of Article 74 of the Bengoshi Law shall not apply to a gaikokuho-jimu-bengoshi.