Japanese Corporate Law

A history of Japanese corporate law.


Incorporation

Kabushiki Gaisha

A kabushiki gaisha (株式会社) is publicly incorporated company.

A corporation with this designation must include it in the legal name. For example, Japan Tobacco is formally 日本たばこ産業株式会社 (Nihon Tabako Sangyou kabushiki gaisha). This designation is sometimes translated as 'Inc.' or 'K.K.'.


Tokushu Houjin

A tokushu houjin (特殊法人) is a special corporation, meaning that it was incorporated directly by a national law.

These organizations are exempt from ordinary corporate law, corporate taxes, and property taxes. They also have greater powers to raise funds


Tokushu Gaisha

A tokushu gaisha (特殊会社) is a special corporation in that the government owns a stake in it. It is otherwise a category of kabushiki gaisha. In modern Japan, these have been the primary mechanism for privatization of state-owned enterprises.


Dokuritsu Gyousei Houjin

A dokuritsu gyousei houjin (独立行政法人) is very similar to a tokushu houjin, with significant limits. They do not receive the aforementioned exemptions. In modern Japan, these have been the primary mechanism for removing ministerial powers and placing the responsibilities under independent organizations.

This designation is generally translated as Incorporated Administrative Agency (IAI).


History

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