How to decide trade name of company in Japan ?
In the case you make a company in Japan, there are some regulations relating to name of your company.
You can include Hiragana (あいうえおetc.）, Katakana (アイウエオetc.), Kanji (愛、宇、江 etc.), Alphabetical letters (A, a, B, b etc.), Number (1, 2, 3 etc.)
So, company named “123株式会社” is OK.
And only a part of symbol is OK.
So, you can not use 「:」「、」「。」.
「東京＆日本株式会社」 is OK.
You can use a symbol letters between letters.
So, 「東京＆日本株式会社」 is OK.
「東京＆－日本株式会社」「＆東京日本株式会社」 is not OK.
On the other hand, 「東京＆日本－株式会社」「東京＆日本株式会社」 is OK.
Change of trade name of your company in Japan
Assumed that trade name (=company name) is Amazo Godo kaisha (You used Alphabetical letters).
Then if you hope to change company name to あまぞGodo kaisha (You use Hiragana letters), you need to file registration of change of trade name.
In that case amount of registration tax is 30,000 yen and fee for lawyer will be about 30,000 yen.
When deciding on a trade name for your company in Japan, you also need to be aware of Japan’s Unfair Competition Prevention Law.
If you do not know about the Unfair Competition Prevention Law, you may be sued for damages by other businesses.
The basic rules of the term of office for directors (Riji=理事) and auditors(Kanji=監事)
The term of office for a director is “until the end of the regular general meeting of members for the final fiscal year that ends within two years after the election of the officers”.
However, the articles of incorporation or the general meeting of members can shorten the term of office of director. Therefore, the term of office for a director can be even one month.
In the case of a general incorporated association, unlike a stock company, the term of office cannot be extended.
Otherwise, people who retire from the government would stay as directors of the association forever.
(Stock companies can have a maximum term of 10 years.)
Therefore, a general incorporated association needs to apply for reappointment of directors at least once every two years.
The term of office for an auditor is “until the end of the regular general meeting of members for the final fiscal year that ends within four years after the election”.
The term of office auditor cannot be extended, however,the articles of incorporation can shorten the term to less than four years.. However, it must be at least two years.
For directors, the term of office could have been one month.
The provisions for filling vacancies and increasing the number of officers in the articles of incorporation
The number of officers (directors and auditors, hereinafter referred to as “officers”) may increase or decrease as new officers are elected or resign.
Let’s assume that your general incorporated association has officers Mr.A and Mr.Z.🌸
The articles of incorporation can stipulate that the term of office of a person who is elected as a successor to a director or auditor who resigned before the expiration of the term of office shall be until the expiration of the term of office of the predecessor.
Mr.A resigned as a director during the term of office.
In this case, the successor (Mr.B) can take over the term of office of Mr.A.
By doing so, the term of office of the other director (Mr.Z) who were appointed at the same time as Mr.A can be aligned with that of Mr.B.
In other words, Mr.B and Mr.Z can be reappointed at the same time and registered at the same time.
Also, the articles of incorporation can stipulate that the term of office of a director or auditor who is elected to increase the number of officers shall be the same as the remaining term of office of the other incumbent directors or auditors.🌸
For example, let’s assume that there are directors Mr.A and Mr.Z. And B was elected as a director to increase the number of directors.
In this case, if the above provision of the articles of incorporation is in place, the term of office of A, Z and B can be aligned.
In other words, A, Z and B can be reappointed at the same time and registered at the same time.
Expiration of the term of office and registration application
When the term of office of a director or auditor expires or a successor is elected, a registration application is required.
This registration must be applied for within two weeks from the date of the occurrence of the cause (such as resignation or election). You can still apply for registration after the deadline, but you may be charged a fine called a late fee.
Also, if a general incorporated association does not register anything for more than five years, the government can register its dissolution without your consent.