Hello. This is Hong from IMS Legal Professional Corporation. Recently, we have been receiving more and more inquiries from people who want to establish a company in Japan and obtain a "Business Manager" visa (or "Highly Skilled Professional (i)(c)"). We receive a variety of inquiries, including people who want to come to Japan from overseas and start a new business, people who want to establish a branch office in Japan, people who are studying in Japan and want to start a business after graduation, and people who are working in Japan and want to start an independent business.
If you are only interested in establishing a company, the only thing that changes depending on whether the foreigner is in Japan or overseas is the registration documents, and there are no particular restrictions on the type of business. As long as it is within the legally permitted range, it is possible to establish a company for a variety of business purposes just like a Japanese person, so it is not that difficult. However, there are various requirements when applying for a Business Manager visa.
This time, I would like to explain the relationship and necessity of the "people," "money," and "things" required for a foreign individual to establish a general joint-stock company in Japan and obtain a Business Manager visa. There are also several startup visa systems for preparing to start a business, but this time I will explain the case of obtaining a Business Manager visa to establish a company from scratch and start a business.
About "People"
To establish a typical one-person company (corporation), you will need a representative director, promoters, and collaborators.
●Representative Director (President)
This refers to a natural person. There are no restrictions on nationality or Japanese residence status. In addition, it does not matter if the person is a resident of Japan or a foreigner who does not have an address in Japan.
●Promoters (investors)
Natural persons or corporations can become promoters (investors), and there are no restrictions on nationality or Japanese residence status. In addition, those who live in Japan or overseas but do not have an address in Japan can also become promoters (investors).
The representative director and promoter can be the same natural person. In most cases, a company is established with the same foreign person as both the representative director and promoter.
●Collaborators
At the stage of company establishment, you need to transfer capital, but when transferring capital, you need a Japanese bank account.
① If you are staying in Japan as a mid- to long-term resident, you usually have a Japanese bank account, so there should be no problem with transferring capital, so you can proceed without a collaborator.
② If you are a foreigner living overseas, you will not have a Japanese bank account, so you will have problems transferring capital. That's where the "collaborator" comes in. A Japanese person or a foreigner with a mid- to long-term resident status who is staying in Japan and has a Japanese bank account can become a collaborator. In addition to receiving the capital transfer, the collaborator will be a founding director or joint representative director, and will cooperate with you in the series of procedures, from company establishment to securing an office, procedures at the tax office, and even application agent for Business Manager visas.
Main roles of collaborators
- Receive the transfer of capital required for company establishment
- Become a director or joint representative director of the company to be established
* If the collaborator becomes a joint representative director, they can resign after the applicant obtains a Business Manager visa and enters Japan. - Find a property for the office and make a lease contract, etc.
- Support procedures at the tax office
- Become an agent for applying for a COE for a Business Manager visa
* If the applicant can come to Japan on a short-term visitor visa, the applicant can apply for the COE themself (including having an administrative scrivener act on their behalf) during their stay in Japan.
About "Money"
To apply for a Business Manager Visa, the scale of the business pertaining to the application must fall under any of the following:
(a) It is operated by two or more full-time employees residing in Japan other than those engaged in its management or administration.
(b) The amount of capital or total investment is 5 million yen or more.
(c) It is deemed to be of a scale equivalent to that of (a) or (b).
In many cases, a Business Manager visa is applied for using the above requirement (b). In other words, a foreigner invests 5 million yen or more (as capital) to establish a company and obtain a Business Manager visa. In addition, "5 million yen or more" does not have to be a direct investment by the foreigner who is trying to obtain a Business Manager visa. For example, if a person takes up the post of representative director of a company that already exists in Japan, and the company's capital is 5 million yen or more, the above requirement (b) is met.
About "Things"
The "things" mentioned here refer to the office property required for the Business Manager visa application, and the following standards have been set for the office.
The place of business for the business pertaining to the application must be located in Japan. However, if the business has not yet commenced, a facility to be used as the place of business for the business must be secured in Japan.
Clarification of residence status standards for foreign managers
Offices are generally rental properties, and the rental contract for the property must clearly state that the purpose of use is for business purposes such as a store or office, and the lease holder must be in the name of a company, etc., making it clear that the property is being used by a company, etc. It is also possible to use a residential property such as a house as an office, but in that case, it must be permitted to be used for purposes other than residence, have a room for business use equipped with business facilities, have clear agreements regarding the payment of shared expenses such as utility fees, and have a social sign similar to a signboard.
Above, we have explained the "people," "money," and "things" necessary for applying for a Business Manager visa. The company establishment procedure itself is not that difficult, but when it comes to applying for a Business Manager visa, there are various requirements as mentioned above, there are many documents to submit, and the examination period takes a long time, so you need to proceed carefully to avoid the risk of refusal. Our company handles company establishment procedures and Business Manager visa applications (including the Highly Skilled Professional visas), so please feel free to contact us if you are in trouble.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
