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Japan

Chamber of Commerce details:

Australia Japan Business Co-operation Committee (AJBCC)

Website: ajbcc.asn.au

Email: ajbcc@ajbcc.asn.au

Phone: +61 2 9439 2278

Address: Level 25, 100 Miller Street, North Sydney NSW 2060

Wikipedia: https://en.wikipedia.org/wiki/Japan

National Flag:

 

Legal & Regulatory Tips

  1. Understand Japan’s Notarial System: Japan does not have a common-law style notary public. Japanese notaries (公証人, kōshōnin) are government-appointed legal officials, and foreign notarial acts may not be directly recognized.

  2. Use Apostilles Where Necessary: Japan and Australia are both parties to the Hague Apostille Convention, so make sure Australian documents notarized for use in Japan are apostilled by DFAT (Department of Foreign Affairs and Trade).

  3. Verify Document Acceptance: Always check whether the receiving Japanese institution (court, immigration, bank, company, etc.) will accept a foreign-notarized document, even with an apostille. Some may still request local authentication.

  4. Collaborate with a Japanese Attorney: Work with a bengoshi (Japanese lawyer) for any matters involving Japanese law, as foreign notaries cannot practice Japanese law or give legal advice in Japan.

  5. Translation Certification: If documents are in English, most Japanese authorities will require a certified Japanese translation. Ensure you use a translator whose certification will be accepted by the local authority or embassy.

Business Practice Tips

  1. Keep Records Meticulously: Ensure all documents are properly recorded, as Japanese parties may expect thorough documentation and may request originals.

  2. Use Clear Legal English: Avoid colloquialisms or overly complex legal terms. Japanese counterparts often use English as a second language, and clarity will prevent misunderstandings.

  3. Provide Bilingual Explanations: Consider supplying a summary or explanation of the notarized document in Japanese to aid comprehension and build trust.

  4. Understand Japanese Contract Formalities: While Japan generally recognizes signed contracts without notarization, there are exceptions (e.g., real estate, affidavits for courts, or official statements), especially involving foreign parties.

Cultural & Communication Tips

  1. Be Formal and Respectful: Japanese business culture values formality, politeness, and hierarchy. Use honorifics, present business cards properly, and show respect for local customs.

     

  2. Avoid Overassertiveness: Australians are often seen as direct; Japanese business culture prefers subtlety and group consensus. Approach negotiations with patience and diplomacy.

     

  3. Meetings Over Documents: Legal documents are important, but relationship-building (often through face-to-face meetings) is critical in Japan.

     

  4. Use a Local Interpreter: For legal matters, a qualified interpreter with legal knowledge is essential, especially during negotiations or when explaining notarized documents.

     

  5. Understand Hanko (Seals): Japanese companies and individuals use seals instead of signatures. Be aware that they might need sealed, rather than signed, documents—and your documents may need a translation to be accepted in that context.

Checklist: Australian Notarised Document for Use in Japan

 

Item

Description

Notes

Document prepared in English

Clear, formal language. No legalese.

Certified Japanese translation attached

Done by NAATI-certified translator or accepted Japanese translator

Signed before an Australian notary public

Include notarial seal and full notary details

Apostilled by DFAT

Required for legal recognition in Japan

Accompanied by bilingual cover letter or summary (optional but helpful)

Increases clarity and acceptance

Clear identification of the declarant

Include full name, address, and passport/ID number

Contact details of notary included

Japanese parties may need verification

Document sent in hard copy (original + apostille)

Japan usually does not accept digital notarization

Contact Notary

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