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For some business professionals, starting their business is one of the ways to achieve their career. You could get so much opportunity to enhance your connection, capital and experience if you found your startup in Japan.
But you need to care about VISA status if your VISA status is not Permanent Residents, Spouse and Child of Japanese, and Spouse and Child of Permanent Residents. In this article, I’ll explain Startup VISA in Japan called ‘Business Manager VISA(経営・管理)’ and requirements and points regarding the VISA.
1.Incorporation
The first step to get startup VISA is making your company. you can’t apply for the VISA without making a company. For startups, K.K(株式会社) and G.K(合同会社) are most frequently used types of companies for startups. The difference of K.K and G.K is the cost for revenue stamp you have to pay for registration procedures.
You could learn more about cost for revenue stamp, please search the following link.
When you create K.K, you need to decide on the following matters about the K.K.
a. Name
b. Address
c.Amount of capital
d. Restriction on transferring stocks
e. whether the company issue share certificates
f. Fiscal year
g. The way to publish financial report
h. Purposes of business
i. Number of stocks could be issued
j. Number of issued stocks
k. Founders
l. Name of President
m. Names of directors.
n. Whether the company choose auditors
o. Term of directors and Auditors
p. whether the board of directors are founded
q. Whether the company has the right to ask successors of shareholders to sell their stocks to the company.
You have to write the rules on these matters on Bylaw of your company.
When you found G.K, you have to make rules on the following matters.
a. Name
b. Address
c.Amount of capital
d. Restriction on transferring stocks
e. whether the company issue share certificates
f. Fiscal year
g. The way to publish financial report
h. Purposes of business
i. Founders
l. Name of Representative
m. Names of Business Executives
n. Whether the company choose auditors
o. Whether the company has the right to ask successors of shareholders to sell their shares to the company
You have to write these matters in your company’s Bylaws in Japanese. If you found K.K, you also need to get authentication from Notary Public. You have to pay 40,000 yen as the fee for authentication and 2,000 yen as fee for issuing official copy of Bylaws.
2.Getting Business License
After opening your company, the next step is getting business licenses you need to get to operate your business. There are a number of regulations on operating certain kinds of business in Japan. For example, you need to get Permission from a local Sanitary Office when you open your restaurant in Japan.
You need to check what kinds of regulation you need to follow and what you need to prepare to operate the business you would like to start in Japan You also need to follow some regulations after you get license. For example, you need to follow sanitary rules after you get the Permission to start restaurant.
Unfortunately, I’ve rarely seen the sources to find the regulation you need to follow in English or other foreign language. Even in Japanese. So, if you have a credible advisor, I recommend you to get advice from them.
If you are fluent in Japanese, there is the website to search the law and regulation managed by the Government of Japan.
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0100/
e-gov
You could also get some information about the regulation if you visit website of Government agencies and local governments.
3.Applying for Startup VISA (Business Manager)
The final step is applying for VISA. You need to submit applications to a local Immigration Bureau to apply for the VISA. There is the VISA to manage your business in Japan. That is named “Business Manager(経営・管理)” You need to understand there is a requirements regarding your company to get Business Manager VISA as following.
a Preparing office for the business.
b. More than 5 million yen as Paid in Capital
c. Hiring more than 2 staffs in full time positions.
d. equivalent of a. and b.
You also need to show your business has possibility to become stable and make profit after you get the Business Manager VISA while you prove you meet these requirements. So, you need to submit Business Plan to show how you are prepared to make profit by managing your business.
You also would like to know what kinds of documents you need to submit to an Immigration Bureau. Ministry of Justice of Japan have to provide information on the following website.
http://www.moj.go.jp/nyuukokukanri/kouhou/nyuukokukanri07_00088.html
Application for Certificate of Eligibility for Business Manager VISA
http://www.moj.go.jp/nyuukokukanri/kouhou/nyuukokukanri07_00092.html
Application for Change of Qualification
Basically, you need to submit the following documents if you are business owners who currently open your business.
a. Application
b. Photo
c. Copy of Bylaw which designate Reward of a director or Record of shareholder meeting which designate reward of directors.
d. Official Copy of Registration
e. Corporate Guide
f. Documents regarding payment of salary and copies of residential records in case of hiring more than 2 staffs.
g. Documents regarding the office of business (Official Copy of registration for real estate or contract to rent office)
h. Business Plan
i. Documents which prove the reason why you can’t submit Legal Table of tax withholdings
j. You might have to prepare other documents to prove you meet the requirement to get Business Manager VISA.
There are so some points to meet the requirements to get Business Manager VISA. I’ll introduce the undocumented points you need to get the VISA in another posts.
Daichi Ito
Immigration Lawyer (Gyoseishoshi)
080-5183-4897
daichiito@kamalegal.com
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