How to start Type II Financial Instruments Business in Japan ( dai nishu kin yuu shouhin torihikigyou )
In the case you want to start financial instruments business ( Kin yu shohin torihiki gyo =金融商品取引業 ) in Japan, you need to overcome a lot of conditions. . . In order to operate financial instruments business ( Kin yuu shouhin torihiki gyou =金融商品取引業 ), you need to register your business with authority. . . How to start Type II Financial Instruments Business in Japan ( dai nishu kin yuu shouhin torihikigyou = 第二種金融商品取引業) . . In Japan, there are 4 type of financial instruments business. .Type I Financial Instruments Business in Japan ( dai isshu kin yuu shouhin torihikigyou = 第一種金融商品取引業) |
Type II Financial Instruments Business in Japan ( dai nishu kin yuu shouhin torihikigyou = 第二種金融商品取引業) |
Investment Management Business ( Toushi un you gyou =投資運用業 ) |
Investment Advising and Agency ( 投資助言・代理業 ) |
As for sale of trust beneficiary right. . In the case, a owner of real estate trusts her real estate to trust bank. .Then, trust bank utilizes the real estate and the bank issues trust beneficiary right. . Then, your company sells, intermediates this trust beneficiary right to investors. . In order to operate this business, you need to register your business as type 2 financial instruments business. |
. . In order to operate type 2 financial instruments business in Japan, you need to register your business with chief of finance bureau ( Zaimu kyoku = 財務局 ). .
In order to register your business as type 2 financial instruments business in Japan, the amount of stated capital amount should be more than 10 million yen. . .In the case, you are going to operate this business by legal entity, the amount of stated capital is 10 million yen or more. . |
In the case, you are going to operate this business by individual, you need to deposit this amount with authority. . If you deposit this amount, you cannot withdraw this amount during your business. |
. Necessary persons in your company to start Type II Financial Instruments Business ( dai nishu kin yuu shouhin torihikigyou = 第二種金融商品取引業) in Japan
. Your company needs to have officers and employees who have sufficient knowledge t0 operate financial instruments business properly. . The number should be at least 3 persons. . Your company needs to have sufficient division to operate financial instruments business properly. . Top managers must have sufficient skill and knowledge to operate financial instruments business properly. . Managing officers in your company need to understand content of financial instruments business law and relevant guidelines and have sufficient skill and knowledge to manage financial instruments business. . Your company needs to have enough persons in each section to operate financial instruments business properly. . Your company needs to have compliance division independent from sales division and have necessary person who has sufficient skill and experience. .In the case, there is false description in application form and documents attached, you can not register your business. . |
In the case, your business was revoked within 5 years from your new application for this business. If you violate of any law and authority revoked your registration, you can not register within 5 years from the date of revoke etc. |
Name of your company |
The fact that your company is financial instruments business operator and number of registration |
The important matters concerning the contents of the relevant Financial Instruments Business that may influence customers’ judgment. |
Risk disclosures Before conclusion of contract. ( Keiyaku teiketsu mae shomen = 契約締結前の書面 ) |
Documents at the timing of conclusion of contract. ( Keiyaku teiketsu ji shomen = 契約締結時書面 ) |
Document Pertaining to Receipt of Security Deposit ( When your company has received Security deposit from your customers ) |
. Necessary cost to register your Type II Financial Instruments Business in Japan ( dai nishu kin yuu shouhin torihikigyou = 第二種金融商品取引業).
Registration tax : 150,000 yen. |
Example of type 2 financial instruments business. |
In the case, a person wants to make a movie. But, she does not have enough fund to make a movie. In that case, she can ask your company to look for investors. If her movie can collect enough customers, she can divide a part of profit with your company and investors. |
Outline of applicant’s company : history of company, the amount of stated capital, the number of officer and employees, information of shareholders. |
Documents that explain your business : Specific purpose to register your business. Specific type of your business. Current status of your business. Business plan. |
Content of financial instruments : Type of your customers. |
Organization of your company : Role and the number of your employee and officer |
Matters relating to financial ADR to solve the claim |
If your company is operating other business, the content of your business. |
In the case your company is going to operate sales of real estate beneficiary right, the matters that can indicate bank ground of officers and employees. |
Application form for registration. |
written oath (誓約書) |
Documents that clarify the operation of business ( 業務方法書 ) |
Documents that clarify managing persons and organization. ( 業務に係る人的構成及び組織等の業務執行体制を記載した書面 ) |
Resume of Officer and main employees ( 役員及び重要な使用人の履歴書 ) |
Written oath that clarify officer and employee do not fall under disqualification. ( 役員及び重要な使用人の欠格事由に該当しない旨の誓約書 ) |
Residence certificate of officer and main employee ( 役員及び重要な使用人の住民票抄本 ) |
identification card of officer and main employee ( 役員及び重要な使用人の身分証明書 ) |
Certificate that officer and main employee is not a person without capacity ( 役員及び重要な使用人の登記されていないことの証明書 ) |
Documents that clarify situation of specified persons concerned. ( 特定関係者の状況を記載した書面 ) |
Documents that indicate your company does not fall under articles 13 of cabinet order ( 内閣府令第13条第3号に掲げる基準に該当しないことを証する書面 ) |
Scanned copy of qualification certificate of real estate broker. ( 宅地建物取引主任者証等資格証の写し ) |
Certificate of seal impression ( 印鑑証明書 ) |
Scanned copy of certificate that indicate you have taken necessary seminar. ( 講習受講証明書等の写し ) |
Articles of incorporation. ( 現行定款 ) |
Certified copy of commercial register ( 履歴事項全部証明書 ) |
Latest balanced sheet and profit and loss statement ( 最終の貸借対照表及び損益計算書 ) |