I am a Chinese national residing in China. I am planning to establish a company in Japan as a base for starting an online shopping business. Is it possible to set it up while I am in China?
★ Explanation ★
The establishment of a Japanese company is done by submitting a registration form to the Legal Affairs Bureau which has jurisdiction over the location of the corporation to be established. When you choose to set up a stock company, you must obtain a certification for the Articles of Incorporation at a notary office located in the same prefecture as the company’s location. As for joint companies, there is no need to acquire said certification.
Incidentally, certification of Articles of Incorporation in the notary office and submission of registry application for establishment cannot all be done by one person while staying in China; impossibly so, because at the very least you must actually go to the notary office. As stated in Q51, there is also the problem of what to do with the accounts of financial institutions paying the capital.
Therefore, the person themselves should go to Japan, or ask for assistance from a collaborator in Japan.
When you ask professionals such as judicial scriveners to set up a Japanese corporation, there are some points that require attention such as how to create a bank account to pay the capital and how to identify yourself, but in most cases, they will go on your behalf to submit the registration application concerning Articles of Incorporation and establishment.
Additionally, when establishing a corporation, neither the founder nor the representative director’s nationality is questioned, and there is no need to have an address in Japan.
However, as shown in Q108, when trying to create a corporate account in a financial institution, there are many banks that require the address of the representative to be situated in Japan, so it is better to check in advance whether you can create a corporate account after the company is established.