Best Structured Finance Lawyers in Japan

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CITY-YUWA PARTNERS
Chiyoda-ku, Japan

Founded in 2003
50 people in their team
Japanese
English
City Yuwa Law Office was established in February 2003 through the merger of Tokyo City Law and Tax Office (legal department) and Yuwa Partners Law Office. At the former Tokyo City Law and Tax Office, he focused on civil dispute resolution such as litigation, real estate matters, and bankruptcy...
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...
Daiichi Law Offices
Osaka, Japan

Founded in 1964
50 people in their team
Japanese
English
Founded in Osaka in 1964, Daiichi Legal Professional Corporation is a full-service commercial law firm representing domestic and global companies through its Tokyo and Osaka offices. We also assist individuals in the areas of wills and estate as well as criminal defense mostly on white-collar...
Eiwa Law Office
Sapporo, Japan

Founded in 1983
10 people in their team
Japanese
English
Law is the crystallization of humankind's "wisdom." Based in Sapporo, we use our wisdom and years of study to bring about peace.The head attorney, Toshishige Tanaka, has been a lawyer for over 40 years and has handled a wide range of civil, family affairs, and criminal matters.He is particularly...

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...
Oak Admin Office
Tokyo, Japan

Founded in 2000
50 people in their team
Japanese
English
Business visa applications can be complex. We're here to help you handle it all.All foreign nationals are required to obtain the correct Visa (which means Status of Residence) for the activities they are intending to engage in Japan.There are 28 types of Visas in Japan and so eligibility...
SHUSAKU YAMAMOTO
Osaka, Japan

Founded in 2000
50 people in their team
Japanese
English
What it means to serve our clientsBecause of the breadth, depth and diversity of technological and legal experience of the SHUSAKU·YAMAMOTO team, we have extensive expertise in serving and protecting anything under the sun that is made by man.Check out the far-ranging Nikkei Leadership Interview...
MORRISON FOERSTER
Chiyoda-ku, Japan

Founded in 1883
5,000 people in their team
Japanese
English
Morrison Foerster transforms complexity into advantage. With our collective intelligence, we shape powerful legal strategies that move your business forward while living our shared values.We solve your most critical multidimensional challenges in a way that provides clarity around the risk you are...
CLIFFORD CHANCE
Chiyoda-ku, Japan

Founded in 1987
10,000 people in their team
Japanese
English
We are one of the world's largest law firms, with significant depth and range of resources across five continents.As a single, fully integrated, global partnership, we pride ourselves on our approachable, collegial and team-based way of working.  We always strive to exceed the...
KAYNEX LAW OFFICES
Tokyo, Japan

Founded in 2016
50 people in their team
Japanese
English
Kaynex provides all of its clients with high quality services that are based on our lawyers’ extensive experience at leading domestic and international law firms. In addition to having in place the systems naturally expected of such a law firm, Kaynex is committed to the following in order to...
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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.