Japanese Business Glossary

法人成り (hojin nari) refers to the process of incorporating a business in Japan, transforming it from a sole proprietorship or partnership into a corporation (法人, Hojin). This process involves creating a legal entity that is separate from its owners, providing certain legal and financial benefits.

When a business incorporates, it becomes a separate legal entity from its owners. This means the corporation can own property, enter contracts, and be sued independently of its owners, which limits the personal liability of the owners for the business's debts and obligations. Incorporation can also make it easier for a business to raise capital through the sale of shares or by attracting investors, as corporations are often seen as more stable and credible than unincorporated businesses.

Corporations may have access to different tax structures and potential tax benefits compared to unincorporated businesses. For instance, corporate tax rates might be lower than personal income tax rates, and there are more opportunities for tax deductions. Additionally, a corporation has perpetual existence, meaning it continues to exist even if the ownership or management changes, providing more stability and continuity for the business.

However, incorporating a business involves adhering to more stringent regulatory requirements, such as maintaining detailed records, holding regular board meetings, and filing annual reports. While this adds administrative work, it also enhances transparency and accountability.

In summary, hojin nari is the process of incorporating a business in Japan, creating a separate legal entity that provides benefits like limited liability, easier access to funding, potential tax advantages, and greater continuity, along with increased regulatory compliance requirements.

仲値 (naka-ne) refers to the "middle rate" or "median rate" in the context of foreign exchange (forex) trading in Japan. It is the exchange rate set by financial institutions, such as banks, for currency transactions. The naka-ne rate is typically determined based on the average of the bid (buy) and ask (sell) prices of a currency pair.

This rate is important because it provides a standardized rate for currency exchange, ensuring consistency and fairness in the market. It serves as a benchmark rate for setting other exchange rates throughout the trading day. Financial institutions and businesses refer to the 仲値 rate when conducting international trade, setting prices, or converting currencies.

The naka-ne rate is usually set once daily, often in the morning, by major banks based on market conditions at that time. It reflects the general state of the forex market and is adjusted to account for fluctuations in currency values. For importers and exporters, the naka-ne rate provides a reliable reference for pricing goods and services in foreign currencies. It helps in budgeting and financial planning by providing a stable rate for currency conversions.

債務者 (saimusha) refers to a debtor in Japan. This term describes an individual or entity that owes money or has an obligation to repay a debt to another party, known as the creditor (債権者, Saikensha). The debtor is legally bound to fulfill the terms of the debt agreement, which may include repaying the principal amount borrowed along with any interest or fees.

In various contexts, a saimusha can be involved in different types of debt, such as loans, credit card debt, mortgages, or other financial obligations. The relationship between the debtor and the creditor is governed by the terms of the contract or agreement that specifies the repayment schedule, interest rates, and any penalties for late or missed payments.

If a debtor fails to meet their repayment obligations, the creditor has the right to take legal action to recover the owed amount. This might include filing a lawsuit, garnishing wages, or seizing assets, depending on the severity of the default and the applicable laws.

続面 (zokumen) refers to a continuation sheet or additional page in Japan. This term is commonly used in the context of documents, forms, or reports where additional space is needed to provide more information than can fit on the original page.

In practice, zokumen is used when the content extends beyond the space available on the main document. For example, if a form or report has limited space for answers, explanations, or data, a zokumen allows the writer to continue their input on a separate sheet, ensuring all necessary information is included without overcrowding the original page.

The continuation sheet is usually labeled to indicate its connection to the original document, ensuring that readers understand that it is a direct extension of the initial content. This helps maintain the organization and readability of the document.

In summary, zokumen is a continuation sheet or additional page used in documents, forms, or reports in Japan to provide extra space for information that exceeds the capacity of the original page, ensuring all necessary details are included and maintaining the document's organization.

念書 (nensho) refers to a written pledge, memorandum, or note of understanding in Japan. This document is typically used to confirm an agreement or promise between parties, ensuring that the terms and conditions are clearly outlined and understood by everyone involved.

The purpose of a nensho is to provide a written record of the commitments made, which can help prevent misunderstandings or disputes in the future. It serves as a formal acknowledgment of an agreement, although it might not always carry the same legal weight as a formal contract.

In various contexts, nensho can be used for different purposes. For instance, in business, it might be used to outline the terms of a deal, partnership, or agreement before a formal contract is drafted. In personal matters, it might be used to document promises or arrangements between individuals.

The content of a nensho typically includes the details of the agreement, the names of the parties involved, the date, and any specific terms or conditions that apply. Both parties usually sign the document to signify their agreement and understanding.

債務不履行 (saimu furiko) refers to a breach of contract or default in Japan. This term describes a situation where a party fails to fulfill their obligations as specified in a contract. This non-performance can include not paying money owed, not delivering goods or services, or not completing work as agreed upon.

In legal terms, saimu furiko can lead to various consequences for the party in breach. These consequences might include the requirement to pay damages to the other party, specific performance (compelling the party to fulfill their contractual duties), or the termination of the contract.

There are different types of saimu furiko, such as completely failing to perform the contractual obligations, performing the obligations but not in the manner or to the standard required by the contract, or failing to perform the obligations within the time frame specified in the contract.

When a breach occurs, the non-breaching party typically has the right to seek legal remedies, which might include compensation for any losses incurred due to the breach.