6000 Legal Measures for Financial Institutions

Authors： Toshiyuki Sawai Ryosuke Sogo Motoi Shimadera

Supervised by Osamu Kaneko, Hideki Kanda, Tsugujiro Nakatsukasa, Tomoyuki Furusawa


Magazine/Book：6000 Legal Measures for Financial Institutions
Publisher：Kinzai Institute for Financial Affairs,Inc.
Practice： Restructuring, Rehabilitation, and Insolvency Civil Rehabilitation and Corporate Reorganization Bankruptcy and Special Liquidation Insurance Structured Finance Banking and Derivatives
Date of publication： February 14, 2022

Other publications by Toshiyuki Sawai

2024.02.02
Understanding the Basics: Q&A on the Legal Practice on ESG and Sustainability
2023.12.25
Amendments to the Financial Instruments and Exchange Act to Ensure Customer-Oriented Business Management – Significance of the Legalization of Best Interest Priority Obligation and the Realization of the Substantial Provision of Information as well as the Their Impact Thereof on Practice –
2023.05.11
The Legal 500 Country Comparative Guides Japan Environmental, Social and Governance
2023.04.21
How to Protect Assets in Relation to Digital Salary Payment - With regard to the Publication of Partial Revision of the "Guideline for Administrative Processes (Vol. 3: Financial Companies)" (Draft) (Dated February 17, 2023)
2023.01.17
New Developments in the Public Campaigns for Shareholders Concerning Election and Dismissal of Officers - Considering the Disputes between Fujitec and Oasis
2023.01.13
[Companies Act] Implementation of Human Rights Due Diligence Based on the Government Guideline
2022.11.25
Implementation of Human Rights Due Diligence in Financial Institutions (Volume 2) - In Light of the Government Guidelines and International Trends -
2022.11.14
Implementation of Human Rights Due Diligence in Financial Institutions (Volume 1) - In Light of the Government Guidelines and International Trends -
2022.08.10
Education of Compliance in the Financial Industry Considering Scandals at Major Securities Companies (An Interview Article)
2022.07.25
[Legal] New Trends in ESG and M&A (Oh-Ebashi LPC & Partners)/[2] Points on Sustainability Information Disclosure and the Required Legal Practice
2022.05.25
Ideal System to Secure Product Governance
2022.02.08
Thinking about How to Carry Out Customer Oriented Business Operation in the Future in Light of Overseas Cases (An Interview Article)
2021.12.27
ESG Proposals and Long-Term Investment as Prerequisites (An Interview Article)
2021.12.01
Acceleration of Climate Change Measures in Japan - Financial Services Agency Considering Mandatory Information Disclosure (A Comment Article)
2021.11.10
Recommendation of ESG Investment to Individual Investors and Customer Oriented Business Operation
2021.08.25
Institutionalization of Globally Competitive ESG and Sustainability Disclosure - In Light of the Publication of the "Report by the Expert Panel on Sustainable Finance" (Dated June 18, 2021) -
2021.07.14
Doing Business In... 2021 Japan 　Trends and Developments
2021.07.07
Corporate governance code revisions set to drive Japan’s ESG and sustainability push
2021.06.10
Volume 2 [2021 Revision] Legal Practice on ESG Disclosure in Light of the Corporate Governance Code Revisions Plan
2021.06.02
Volume 1 [2021 Revision] The Principles of Corporate Governance Code regarding ESG and its Legal Practice
2021.05.25
Organizing the Points to Consider When Entering the Financial Services Intermediary Business
2021.03.25
Emergence of a Cashless Society and Compulsory Execution(Volume 2)
2021.03.10
Emergence of a Cashless Society and Compulsory Execution (Volume 1)
2021.02.12
Realization of the Principles of Suitability and Customer Oriented Business Operations -By Referring to Regulations in Europe and the U.S. -
2020.12.21
New Financial Service Intermediary Business License
2020.10.30
Summary of the Principles of Customer Oriented Business Operations and Revision of Supervision Guidelines, and their Impacts on Legal Practice (Second Half)
2020.10.23
Summary of the Principle of Customer Oriented Business Operations and Revision of Supervision Guidelines, and their Impacts on Legal Practice (First Half)
2020.10.01
Financial Instruments and Exchange Act and Crypto-Assets - Sorting out the Regulatory Relationship in the Areas of Overlap with the Payment Services Act
2020.09.14
Legal Regulations on Funds Investing in Cryptocurrencies, and Key Points Thereof
2020.08.01
Emergent Need to Reconsider the Customer Solicitation and Explanation by Financial Business Operators and Customer Oriented Business Operations
2019.08.01
Explanation of "the Act for the Partial Revision of the Payment Services Act to Address the Diversification of Financial Transactions based on Advances in Information Technology" (2)
2019.07.15
Outline of Partial Amendment to the Financial Instruments and Exchange Act - Response to New Transactions and Unfair Acts Using Crypto-Assets -
2018.05.01
Learning about the Amendment to Laws on Obligations through Case Studies
2017.02.28
Practices on Directors and Officers (D&O) Liability Insurance
2014.12.03
Discussion of Practices Concerning the 2014 Amendment of the Companies Act
2014.12.01
Practical Commentary on Revised Companies Act of 2014

MORE

Other publications by Ryosuke Sogo

2024.02.02
Understanding the Basics: Q&A on the Legal Practice on ESG and Sustainability
2023.07.18
Doing Business In... 2023 Trends and Developments
2022.12.22
Basic Structure of Real Estate Finance in Japan
2022.07.12
Doing Business In... 2022 Trends and Developments
2022.07.07
New Trends in ESG and M&A / The Relationship Between Sustainable Finance and ESG Investments
2022.04.01
ESG Investment and Green Finance
2021.04.09
Commentary on the Financial Instruments and Exchange Act [Revised Edition] [Volume 1] Definitions and Disclosure Regulation

MORE

Other publications by Motoi Shimadera

2023.03.25
Legal Status of an Insurance Beneficiary under the Insurance Act: Changes to the Rule and Its Effects on Legal Interpretation
2021.08.01
Theory and Practice of Commercial Lines Insurance
2021.06.10
Points to Consider when Reviewing Directors and Officers (D&O) Liability Insurance” including Utilization of Various Special Clauses in Line with the Business Environment
2020.11.15
Issues in Interpretation of Insurance Law from a Practitioner's Perspective
2020.01.31
The Basics and Practice of General Terms and Conditions
2019.08.01
The Revised Civil Code and Practices on Insurance Business
2019.02.01
Termination of an Insurance Contract due to a Material Event of Default Caused by a Duplication of Policy Coverage
2019.02.01
Review of the “Principle of Indivisibility of Premium” under the Insurance Act
2018.12.01
Interpretation Issues Concerning Duty of Disclosure under the Insurance Act
2018.03.01
Termination of an Automobile Insurance Contract by the Policyholder’s Creditor
2018.01.01
Despite Being Prepared for Management Risks, There May Still be Unexpected Risks! - Pitfalls of ‘Business Insurance’
2017.09.01
Practices Unforeseen at the Enactment of the Insurance Act and Issues for the Future - Focusing Mainly on the Issue Concerning One-sided Mandatory Rules
2017.02.28
Practices on Directors and Officers (D&O) Liability Insurance
2016.12.26
Derivative Actions, and Directors and Officers (D&O) Liability Insurance
2014.10.05
Corporate Rehabilitation Clinic (No. 46): “The Reorganization Case of Chotokan (Grand Hotel Hamamatsu) - DIP Corporate Reorganization of a Hotel Business Rooted in the Regional Economy”
2013.09.01
Policy Terms of Cooperative Insurance, Are They Good Enough? – Study of Insurance Policy Terms as a ‘Contract,’
2013.04.01
Points to Note in Concluding into Insurance Contract for Company Properties or Liability for Damages
2013.03.01
On the Third Anniversary of the Enforcement of the Insurance Act
2012.12.01
Insured Accident Caused by a Third Party and Discharge of the Insurer’s Liability
2012.10.01
[Special Topic] Use of Business Insurance and its Legal Risks / Points to be Checked on Business Insurance Contracts
2012.06.15
Benefits and Potential Legal Risks of Business Insurance
2012.04.01
Scope of Subrogated Claims under Personal Injury Insurance
2012.03.15
Manifestation of Intention to Change Insurance Beneficiary(ies)
2011.07.15
The Latest Insurance Circumstances
2011.05.15
Examination of the DIP-Type Corporate Reorganization - Spansion Japan (3) Issues on Concurrent Bankruptcy in U.S-Japan
2011.04.15
Examination of the DIP-Type Corporate Reorganization - Spansion Japan (1) Corporate Reorganization Proceedings on Spansion Japan
2010.05.25
A Consideration on Cancellation Filing by Insured
2010.04.30
New Practice of the General (or non-life) Insurance, Commentaries on the General Insurance Investigation Practice under the Insurance Law
2010.04.25
Commentaries on Insurance Law -Life Insurance / Fixed Return Accident and Health Insurance
2009.06.15
Revised Guidelines for Supervision on the New Insurance Law
2009.05.25
Series of Questions & Answers, Questions & Answers on Insurance Law
2009.04.01
The Effects of the New Insurance Law on Insurance Sales at Banks
2008.11.23
New Insurance Law - the book to read first!
2008.09.01
Commentaries on Insurance Law (1)-(5)
2008.07.01
Law on Insurance Framing and Drafting Materials - Overview of the New Law, Old and New Chart
2004.03.03
Theories, Practices, Formats Concerning the New Corporate Reorganization as a Practitioner of a Trustee
2003.09.01
Recent Reform of Japan’s Corporate Reorganization Act(co-authored)

MORE

Other publications about Banking and Derivatives

2022.02.14
6000 Legal Measures for Financial Institutions

MORE

Other publications about Restructuring, Rehabilitation, and Insolvency

2023.12.26
Restructuring and Withdrawal of Chinese Subsidiaries (1) - Introduction
2022.06.14
Sponsorship Schemes in Japanese Legal Restructuring Practice（INSOL News Update - May 2022)
2022.06.10
Guidelines Concerning Business Revitalization, etc. of Small and Medium Enterprises (3) - Out-of-Court Restructuring Proceedings for Business Closures
2022.05.09
Guidelines Concerning Business Revitalization, etc. of Small and Medium Enterprises (2) - Out-of-Court Restructuring Proceedings
2022.03.03
Restructuring and Corporate Insolvency from the Perspective of Financial Institutions
2022.03.01
Business Revitalization and Corporate Bankruptcy from the Perspective of Financial Institutions
2022.02.14
6000 Legal Measures for Financial Institutions
2022.01.01
Rams Corporation
2021.07.01
A Handbook for Small and Medium-Sized Enterprises of Civil Rehabilitation Proceedings
2021.05.01
Privacy of Debtors on the “Bankrupt Map” at Stake（INSOL News Update - May 2021)
2020.07.29
Elpida Memory Corporate Reorganization Proceedings – International Bankruptcy Case of a Semiconductor Memory Manufacturer that Obtained a Decision of Recognition of a Reorganization Plan [in Japan]
2020.05.08
【Special Series on COVID-19: Restructuring Businesses (2)】 Support Systems for Companies Concerning the Novel Coronavirus (focusing on public financial support)
2020.05.01
【Special Series on COVID-19: Restructuring Businesses (1)】 Financial Support for Companies Affected by the Novel Coronavirus Disease
2020.04.13
Japan's Economic Response to the Coronavirus
2019.11.30
220 Q&As on the Practice of Bankruptcy Proceedings
2019.10.08
Amended laws enacted in the 198th ordinary session of the Diet and consequences thereof to insolvency practices (2) - Amendment of the Payment Services Act, etc.
2019.09.17
GRR The Asia-Pacific Restructuring Review 2020 - Japan Chapter
2019.09.10
When does a bank recognize suspension of payment of a debtor? - Is it necessary for any bank employee to actually recognize a notice of representation from a lawyer?
2019.09.10
Filings by creditors of a petition for insolvency proceedings
2019.09.10
Amended laws enacted in the 198th ordinary session of the Diet and consequences thereof to insolvency practices (1) - Amendment of the Payment Services Act, etc.
2019.08.13
Risk of bankruptcy due to “manpower shortage” - Tendency, causes and countermeasures -
2019.08.13
Exercise of the right of set-off in case of bankruptcy of a company – referring to the Fukuoka High Court decision on September 21, 2018 -
2019.08.13
Claim collection against delivered goods in case of bankruptcy of the purchaser - Specific example of statutory liens for sales of chattels -
2019.07.09
Various Aspects of the US Bankruptcy Law #5 –Venue for Chapter 11 filings
2019.07.09
Determination of the state of “insolvency,” referring to the Tokyo District Court decision on February 27, 2018 (Kinyu/Shoji Hanrei No. 1542, p. 45)
2019.07.09
Insolvency proceedings in India
2019.06.11
Various Aspects of the US Bankruptcy Law #4 –Can Receivables be Collected through Offsetting?
2019.06.11
Points to Note when Trading with a Company Facing Risks ⸺ Referring to the Osaka High Court Decision of December 20, 2018
2019.06.11
Recommendation to Use Business Revitalization ADR Procedures
2019.05.14
Importance of Registration of Right in terms of Insolvency Procedures ⸺ An Example concerning Leased Property
2019.05.14
Introduction to Special Conciliation Proceedings for Corporate Restructuring
2019.05.14
M&A in the Framework of Statutory Insolvency Procedures
2019.04.09
Impact on Insolvency Procedures from Expanded Protection under the Copyright Act and Introduction of the System of Automatic Perfection of License Rights to Use Works
2019.04.09
Business Reorganization in Canada ⸺ Based on a Recent Case Regarding a Subsidiary of a Japanese Company
2019.04.09
Effect of Contractual Terms in Insolvency Procedures ⸺ The Effects may not Always be as the Contractual Language Says
2019.03.12
Points to Consider for Claim Management Practices – From the Court Decision that Denied the Application of the So-called Deemed Delivery Clause to a Letter of Assignment of Claims
2019.03.12
Supreme Court Judgment Ruling that Retention of Ownership Prevails Over a Transfer Security Interest (jyoto tanpo) on Collective Movable Property – Judgment of the Supreme Court on December 7, 2018 (Kinyu Homu Jijyo No. 2106, p. 4)
2019.03.12
Impact of Amendments to the Law of Succession on Practices for Business Succession, Debt Management and Collection, etc., and Points to Note Therefor - Part 2
2019.02.12
Various Aspects of the US Bankruptcy Law #3 – Automatic Stay Ⅱ
2019.02.12
What Company Auditors of a Company Facing a Crisis Situation Should Do – In Reference to the Judgement of the Osaka High Court on May 21, 2015 (The Financial and Business Law Precedents No. 1469, p.16)
2019.02.12
Outline of Amendments to the Civil Execution Act and Management of Claims
2019.01.15
Court decision that additional payment of obligations by a third-party debtor to the creditor enforcing a seizure of assets, made after such third party debtor’s payment of its obligation to the debtor undergoing such seizure, is not subject to the exercise of the right of avoidance (hinin-ken) under Article 162(1) of the Bankruptcy Act once the commencement of bankruptcy proceedings is approved by the court with respect to the debtor undergoing seizure of its assets.- Judgment of the Third Petty Bench of the Supreme Court on December 19, 2017
2019.01.15
Right to Demand Rescission of a Fraudulent Act under the Amended Law of Obligations
2019.01.15
Compulsory Execution and Bankruptcy – Judgment of the Second Petty Bench of the Supreme Court on April 18, 2018
2018.12.11
Company Splits and the Protection of Creditors in the case of a Business Rehabilitation
2018.11.13
Impact of Amendments of the Civil Law on the Liquidation of Claims (No. 1)
2018.11.13
Bankruptcy Proceedings for Medical Corporations
2018.11.13
The Tokyo High Court Decision on Whether or Not to Include Deductible Expenses of Renounced Credit Amounts of a Subsidiary under Special Liquidation Proceedings for an Individual Settlement Type (Judgment Date: July 26, 2018) (Weekly Tax Communication 2474, p. 10)
2018.11.01
Small Practices and Consumer Debt Issues-Japan
2018.10.22
GRR The Asia-Pacific Restructuring Review 2019 - Japan Chapter
2018.10.10
Case study on whether payments of additional wages to employees by a company that issued bonds with strong fraudulent elements constitutes an illicit gain, and whether a bankruptcy trustee may demand for the return of such payments as unjust enrichment
2018.10.10
Various aspects of US Bankruptcy Law #1 - How bankruptcy is viewed differently in Japan and the United States
2018.10.10
Insolvency Practice in China - Subsidiaries in China and utilization of bankruptcy proceedings
2018.09.11
Case study on whether bringing an action for debt collection in an out-of-court restructuring proceedings constitutes an abuse of rights - Judgement of the Tokyo District Court on February 13, 2018 -
2018.09.11
Case study on whether making a request for moratorium to bank creditors in completely out-of-court restructuring proceedings is considered a suspension of payment - Judgement of the Osaka District Courton March 22, 2017 -
2018.09.11
Impact of amendments to the law of succession on practices for business succession, debt management and collection, etc., and points to note therefor - Part 1
2018.07.10
Provisions on Points to Consider for Commercial Receivables in ADR Procedures for Business Revitalization – Amendment of the Act on Strengthening Industrial Competitiveness
2018.07.10
Collection of Claims where a Debtor’s Real Estate is Occupied by a Creditor – About the Supreme Court Decision dated December 14, 2017 in which the Court Held that Real Estate Could be Subject to a Commercial Lien
2018.07.10
You Cannot be Completely Safe Even with Guarantee – A Case Showing Risk of Avoidance Concerning Guarantee
2018.06.14
Theory, Practice and Document Forms of Bankruptcy of a Business Corporation
2016.10.01
GRR The Asia-Pacific Restructuring Review 2017 - Japan Overview
2012.04.01
Panel Discussion: “Bankruptcy and Offset”

MORE

Other publications about Bankruptcy and Special Liquidation

2022.03.03
Restructuring and Corporate Insolvency from the Perspective of Financial Institutions
2022.02.14
6000 Legal Measures for Financial Institutions
2020.06.30
Practice Manual for Petition of Corporate Bankruptcy [2nd ed.]
2019.11.30
220 Q&As on the Practice of Bankruptcy Proceedings
2018.11.01
Small Practices and Consumer Debt Issues-Japan

MORE

Other publications about Structured Finance

2022.07.07
New Trends in ESG and M&A / The Relationship Between Sustainable Finance and ESG Investments
2022.02.14
6000 Legal Measures for Financial Institutions

MORE

Other publications about Civil Rehabilitation and Corporate Reorganization

2022.03.24
Addressing the Bankruptcy or Liquidation Risk of Chinese Trading Counterparties - Key Points of Claim Collection Bearing in Mind the Risk of Corporate Bankruptcy
2022.03.03
Restructuring and Corporate Insolvency from the Perspective of Financial Institutions
2022.02.14
6000 Legal Measures for Financial Institutions
2022.01.01
Rams Corporation
2018.11.01
Small Practices and Consumer Debt Issues-Japan
2010.01.01
Trends in Court Cases and Legal Practices on the System of Approving the Extinguishment of Security Interests in Civil Rehabilitation Proceedings

MORE

Other publications about Insurance

2023.03.25
Legal Status of an Insurance Beneficiary under the Insurance Act: Changes to the Rule and Its Effects on Legal Interpretation
2022.02.14
6000 Legal Measures for Financial Institutions
2021.08.01
Theory and Practice of Commercial Lines Insurance
2021.06.10
Points to Consider when Reviewing Directors and Officers (D&O) Liability Insurance” including Utilization of Various Special Clauses in Line with the Business Environment
2020.11.15
Issues in Interpretation of Insurance Law from a Practitioner's Perspective
2020.01.31
The Basics and Practice of General Terms and Conditions
2019.02.01
Termination of an Insurance Contract due to a Material Event of Default Caused by a Duplication of Policy Coverage
2019.02.01
Review of the “Principle of Indivisibility of Premium” under the Insurance Act
2018.12.01
Interpretation Issues Concerning Duty of Disclosure under the Insurance Act
2018.03.01
Termination of an Automobile Insurance Contract by the Policyholder’s Creditor
2017.09.01
Practices Unforeseen at the Enactment of the Insurance Act and Issues for the Future - Focusing Mainly on the Issue Concerning One-sided Mandatory Rules

MORE

Contact us

ページTOPへ