What is a Shiho-shoshi in Japan?
The term “Shiho-Shoshi” is sometimes translated as Judicial Scrivener, Solicitor or Notary public.
As specialists in registration procedures about real estate and juridical persons, A Shiho-shoshi has contributed to the development of the economic society and the protection of citizens' rights. And also the Shiho-shoshi, certified by the Ministry of Justice, are granted the authority to represent clients in suits brought before courts of summary jurisdiction and acts as agents for suits in civil cases that concern matters up to ¥1.4 million.
How to become a Shiho-shoshi in Japan.
You must pass an examination administered by the Ministry of Justice and the pass rate is about 3%.
In addition, a person may also become qualified as a shiho-shoshi by working for ten years as a court secretary, judicial secretary, or prosecutor's secretary.
Main duties of a Shiho-shoshi
1. Agents for immovable property registration
Immovable property registration is a Japanese system in which information regarding land and buildings is described in the "registration records" managed by the Legal Affairs Bureau and publicly available. Shiho-shoshi acts as agents for the procedures for registration concerning rights to real estate, such as a change of name or title by sale and purchase, donations, inheritance of real estate and registration of mortgages and lease-holdings. Shiho-shoshi has a duty to protect all parties' rights regarding real estate transactions.
2. Agents for commercial registration
In Japan, juridical persons such as companies are obliged to describe all matters stipulated in the Companies Act and other laws in the "registration records" managed by the Legal Affairs Bureau. Corporate registration is an important system when changing board members, company names or objectives and developing companies by corporate reorganization through capital increase, mergers or corporate separations and other such matters. Shiho-shoshi act as agents for such juridical persons in making applications for registration and contribute to the safety of transactions, as specialists in commercial registration.
3. Adult guardianship
For those who have insufficient judgment capabilities, due to dementia, intellectual disabilities, or similar problems and find it difficult to manage their own property, there is an "adult guardianship" system in Japan, in which the family court appoints a "guardian of an adult" who is charged with protecting the individual's assets. To support this "adult guardianship" system, Shiho-shoshi established the Legal-Support Adult Guardian Center in December 1999.
4. Lawsuits before a court
There are venues called "summary courts" across Japan, that handle mainly those problems that are familiar to average people. There are also many Shiho-shoshi, who are authorized by the Ministry of Justice (known as 'certified' Shiho-shoshi) all over the country and who act as agents in civil suits and mediation that handle cases up to ¥1.4 million in such summary courts. Shiho-shoshi are also permitted to conduct extensive court procedures in addition to agency.
5. Applications for naturalization
For foreign nationals who were born and raised in Japan and who want to permanently reside therewith Japanese nationality, the permission of the Ministry of Justice is required. The requirements for Japanese nationality are fairly rigorous and the documentation that needs to be submitted can be fairly complicated. Through providing advice on naturalization procedures, preparing application documents and collecting necessary evidence, Shiho-shoshi are able to assist foreign nationals to acquire Japanese nationality.
6. Other operations
There is a "deposit system" in Japan, under which monies may be submitted to the Legal Affairs Bureau and such funds may be issued to specific persons to accomplish certain aims. For example, the system is used when rents for apartments or deposits for a property purchase are made with real estate or brokerage companies for doing normal business stipulated under the law. Shiho-shoshi may conduct such agency operations about for such procedures. Also, since Japan has a relatively small land area, it is important to clarify the 'parcel boundaries' with neighboring land. Since Japanese people tend to dislike disputes, there is system in which the Legal Affairs Bureau identifies correct parcel boundaries without judicial decisions being made. Shiho-shoshi may conduct agency operations for "parcel-boundary-specific procedures".
