Best Structured Finance Lawyers in Japan

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Shibasogo Law Offices
Tokyo, Japan

Founded in 2000
50 people in their team
Japanese
English
CorporateGeneral Legal Counsel / Legal Governance, Risk Management, and Compliance / Banking, Finance and Securities / M&ADispute Settlement, Litigation, ADRCivil Legal Practice / Collection of Claim / Real Estate / Traffic Accident / Inheritance / Domestic Affairs / Labor &...

Founded in 2009
50 people in their team
Japanese
English
Since registering as a lawyer in 2009, we have received requests from many clients, both individuals and corporations, and have handled a wide range of civil and criminal cases.In particular, in recent years, civil cases involving foreign-related elements (foreign-related domestic relations cases,...
Yokohama Partner Law Office
Yokohama, Japan

Founded in 2000
50 people in their team
Japanese
English
When I was little, I loved "The Crying Red Demon." This is a fairy tale by Hirosuke Hamada. Red Demon wants to get along with humans, but everyone is afraid of him. So, I put up a sign in front of my house to try to get people to come visit me.I am a kind-hearted demon.Anyone is welcome to come.We...
Iwatagodo Law Offices
Tokyo, Japan

Founded in 1902
50 people in their team
Japanese
English
Iwata Godo Law Office was established in 1902 as a pioneering law firm specializing in corporate law in Japan, and was established in 1902 as the Minister of Justice, member of the House of Peers, chairman of the Japan Federation of Bar Associations, chairman of the Academic Society, etc. , was...
Tokyosanno Law Offices
Minato, Japan

Founded in 2011
50 people in their team
Japanese
English
In the traditional Japanese society and economy, conflict resolution and prevention relied largely on human relations and administrative regulations, with the application of law through contracts and judicial procedures playing a secondary role. It was just a given.However, the opposite is true in...
HIRATSUKA & CO
Chiyoda-ku, Japan

Founded in 1976
50 people in their team
Japanese
English
About UsHiratsuka & Co. is a Tokyo law firm providing a full range of domestic and cross-border Japanese legal services.We are known for our clear and sensible advice, which is supported by our wealth ofexperience, thorough research and commitment to providing the highest standards ofprotection...
June Advisors Group
Minato, Japan

Founded in 2004
50 people in their team
Japanese
English
Our mission is to help you eliminate the stress and confusion of dealing with immigration and incorporation procedures so that you can stay reassured and concentrate on what you should be focusing on, making your business and life a success in Japan.It's exciting to live and experience different...

Founded in 1967
50 people in their team
Japanese
English
Over five decades ago, while at lunch in a South Florida deli, attorneys Larry J. Hoffman, Mel Greenberg, and Robert Traurig saw an opportunity to establish a new breed of law firm for South Florida; a firm that mirrored a New York style firm. In 1967, they founded the law firm Greenberg Traurig...
DT LEGAL
Tokyo, Japan

Founded in 2000
50 people in their team
Japanese
English
Innovation, transformation and leadership occur in many ways. At Deloitte, our ability to help solve clients’ most complex issues is distinct. We deliver strategy and implementation, from a business and technology view, to help you lead in the markets where you compete.Innovation, transformation...
K&L GATES
Tokyo, Japan

Founded in 1946
5,000 people in their team
Japanese
English
The legal market is rapidly changing, and so is the practice of law. It is both science and art. Clients want their law firm to be diligent and meticulous, but they also want it to solve problems with innovation and creativity. At the heart of our ethos is an inclusive and collaborative...
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About Structured Finance Law in Japan

Structured finance is a specialized area of finance that involves complex financial instruments and legal structures to facilitate the pooling of assets and the transfer of risk. In Japan, structured finance often includes transactions such as securitizations, asset-backed securities (ABS), project finance, and collateralized loan obligations (CLOs). These financial tools play a vital role in the Japanese economy by helping businesses raise capital and manage risk more efficiently. Legal frameworks and regulations in this field are designed to provide investor protections, ensure transparency, and maintain stability in financial markets.

Why You May Need a Lawyer

Structured finance transactions in Japan involve intricate legal and regulatory considerations that can impact businesses and investors alike. Here are common situations where you may need legal assistance in structured finance:

  • Structuring and documenting securitization transactions, including asset-backed securities and mortgage-backed securities.
  • Ensuring compliance with Japanese laws and regulatory requirements applicable to financial products.
  • Negotiating and drafting transaction documents such as trust agreements, servicing agreements, and loan sale agreements.
  • Advising on tax implications and regulatory filings associated with structured finance deals.
  • Assessing the risks and legal implications for originators, investors, and issuers.
  • Dealing with cross-border transactions where foreign entities are involved.
  • Resolving disputes arising from defaults or breaches of agreements within structured finance arrangements.

Engaging a lawyer experienced in structured finance can help navigate these complexities, avoid costly mistakes, and protect your interests.

Local Laws Overview

Japanese structured finance transactions are governed by a mix of commercial, regulatory, and tax laws. Key legal frameworks include:

  • Securitization Law - The Act on Securitization of Assets using Specified Purpose Companies (SPCs) and Specified Purpose Trusts (SPTs) regulates the formation of entities for asset-backed transactions.
  • Financial Instruments and Exchange Act (FIEA) - Oversees the offering, sale, and disclosure requirements for financial products including ABS and other structured securities.
  • Trust Law - Plays an important role when assets are transferred to trusts as part of the securitization process.
  • Bankruptcy and Insolvency Laws - Determine how assets will be treated in the event of insolvency of the originating or managing parties.
  • Tax Regulations - Impact the structuring and efficiency of securitization and other structured finance transactions.

Compliance with these regulations is mandatory to ensure the validity and enforceability of structured finance products in Japan.

Frequently Asked Questions

What is securitization in Japan?

Securitization in Japan involves pooling financial assets such as loans or receivables, and then issuing securities backed by these assets to investors. The process allows originators to raise funds and transfer risks associated with the underlying assets.

Who regulates structured finance in Japan?

The Financial Services Agency (FSA) is the primary regulator overseeing financial products and securitization under the Financial Instruments and Exchange Act. Other authorities such as the Ministry of Justice and the National Tax Agency may also be involved depending on the nature of the transaction.

What are Specified Purpose Companies (SPCs)?

SPCs are entities created under Japanese law specifically to hold pooled assets and issue securities in structured finance transactions. They are designed to isolate assets from the originator and provide bankruptcy remoteness.

Why is bankruptcy remoteness important?

Bankruptcy remoteness ensures that assets within an SPC or trust remain protected from claims by creditors if the originator or manager goes bankrupt, providing greater security to investors.

Can foreign entities participate in Japanese structured finance?

Yes, but cross-border transactions may involve additional legal complexities, including foreign investment regulations and differing jurisdictional rules. Legal advice is essential in such cases.

What legal documents are typically involved?

Common documents include asset sale agreements, trust agreements, servicing contracts, offering circulars, and legal opinions on enforceability and regulatory compliance.

How does Japanese law treat asset-backed securities?

Asset-backed securities are recognized financial instruments regulated under the FIEA. Issuers must comply with strict disclosure, reporting, and investor protection requirements.

What risks should be considered in structured finance?

Risks include default on underlying assets, legal enforceability, operational risk, market fluctuations, and regulatory changes. Proper structuring and legal review can help mitigate these risks.

Are there tax implications in structured finance deals?

Yes, tax treatment can affect the overall efficiency of the transaction. Issues such as consumption tax, withholding tax, and special purpose vehicle taxation must be carefully evaluated.

What happens if there is a dispute in a structured finance transaction?

Disputes may be resolved through negotiation, arbitration, or litigation, depending on the contract terms. Legal counsel can help enforce rights and manage potential liabilities.

Additional Resources

Individuals and businesses seeking more information or support in structured finance may find the following resources helpful:

  • Financial Services Agency (FSA) - Oversees financial regulation and licensing in Japan.
  • Japanese Bankers Association - Provides guidelines and market practices for financial transactions.
  • Japan Securities Dealers Association (JSDA) - Offers regulatory information for securities dealers and market participants.
  • Japan Association of Asset Securitization (JAAS) - Focuses on market development and best practices for securitization.
  • Ministry of Justice - Responsible for company, trust, and bankruptcy laws in Japan.
  • National Tax Agency - Provides directives on tax matters relevant to structured finance.

Next Steps

If you are considering entering into a structured finance transaction or require legal advice:

  • Assess your objectives and understand the scope of your transaction or investment.
  • Gather all related documentation and financial information.
  • Consult a qualified lawyer with experience in Japanese structured finance law for tailored guidance.
  • Conduct due diligence with professional assistance to evaluate legal, financial, and tax implications.
  • Ensure ongoing compliance with regulatory requirements and seek continuous legal support as your financing structure evolves.

Taking these steps will help you protect your interests, avoid regulatory pitfalls, and successfully navigate the complex landscape of structured finance in Japan.

Lawzana helps you find the best lawyers and law firms in Japan through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Structured Finance, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Japan - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.