Japanese Business Glossary

持株会 (mochikabukai) is a Japanese term that refers to an employee stock ownership plan (ESOP) or stockholding association. It is a program designed to encourage employees to become shareholders of the company they work for by purchasing company stock, often at a discounted rate or through favorable terms. The goal of a mochikabukai is to align the interests of employees with those of the company, fostering a sense of ownership, loyalty, and motivation among the workforce.

Employees who participate in a mochikabukai typically contribute a portion of their salary to buy shares in the company. These shares are held in a collective pool managed by the stockholding association. Over time, as the company grows and performs well, the value of the shares may increase, providing financial benefits to the participating employees.

Mochikabukai programs can also enhance corporate governance by involving employees in the company's success and decision-making processes. By giving employees a stake in the company, mochikabukai helps create a more engaged and invested workforce, ultimately contributing to the company's long-term stability and growth.

代襲相続人 (daikasane sozokunin) is a Japanese term that refers to a substitute heir or successor. This concept is applicable in situations where an original heir, typically a child, predeceases the decedent or is otherwise unable to inherit. In such cases, the inheritance rights pass to the descendants of the original heir, such as the grandchildren of the deceased.

For example, if a parent dies and their child, who was the designated heir, has already passed away, the deceased child’s children (the grandchildren) would become the daikasane sozokunin. This ensures that the inheritance remains within the family line, even if the direct heir is not alive to receive it.

The principle of daikasane sozokunin is intended to uphold the continuity of inheritance and provide a fair means of distributing assets within the family. It reflects the importance of familial ties and the protection of heirs’ rights within Japanese inheritance law.

明細書 (meisaisho) is a Japanese term that refers to a detailed statement or itemized document. This document provides a comprehensive breakdown of specific information, such as transactions, expenses, services rendered, or components of a particular item.

In various contexts, such as business, finance, and legal matters, meisaisho is essential for ensuring transparency and clarity. For example, a salary meisaisho would list the various components of an employee’s paycheck, including base salary, bonuses, deductions, and taxes. Similarly, an invoice 明細書 would detail the items or services provided, their quantities, unit prices, and the total amount due.

Providing a meisaisho helps both parties involved to understand the specifics of a transaction or agreement, facilitating accurate record-keeping and preventing misunderstandings. It is a crucial tool for maintaining clear and precise documentation, fostering trust and accountability in professional and personal dealings.

事業譲渡 (jigyo joto) refers to the transfer of a business or business assets from one entity to another in Japan. This process involves the sale or transfer of tangible and intangible assets, such as equipment, inventory, customer lists, trademarks, and other intellectual property. Unlike a share transfer, where ownership of the company changes hands, a business transfer focuses on specific business assets and operations while the original legal entity remains intact.

The transfer can be conducted in whole or in part, depending on the agreement between the parties involved. It is commonly used in business succession planning, restructuring, or when a company seeks to divest certain operations. The process requires careful consideration of legal, financial, and tax implications, ensuring that all liabilities and obligations are clearly defined and managed.

履行 (riko) in Japanese legal and business contexts refers to the fulfillment or performance of obligations stipulated in a contract or agreement. It involves carrying out the duties, responsibilities, or terms that have been agreed upon between parties. This can include delivering goods, providing services, making payments, or any other specific actions required by the contract.

Riko ensures that the contractual commitments are met as promised, maintaining trust and integrity in business relationships. Failure to perform these obligations can lead to legal consequences, such as claims for damages or enforcement actions. Therefore, riko is a fundamental concept in contract law, emphasizing the importance of honoring agreements and maintaining accountability in business transactions.

委任 (inin) refers to delegation or entrustment in Japanese legal and business contexts. It involves one party (the principal) appointing another party (the agent) to perform specific tasks or represent them in certain matters. This delegation of authority can cover various activities, such as managing business operations, handling legal affairs, or conducting transactions on behalf of the principal.

The relationship between the principal and the agent is based on trust and agreement, with the agent acting in the best interest of the principal while carrying out the assigned duties. The scope and limits of the agent's authority are typically defined in a written agreement or contract, outlining the responsibilities and expectations of both parties. Understanding and properly managing inin is crucial for ensuring effective delegation, maintaining accountability, and achieving desired outcomes in business and legal operations.