KATAOKA & KOBAYASHI has extensive experience in handling not only general legal work regarding bank transaction, but legal work regarding a various financial function. We provide clinical and preventive legal service in the area of a series of credit examination, claims servicing, preservation attachment and repossession. In addition, we can provide strategic and political legal service as well as planning services regarding the development of a scheme for a financial instruments business and transaction.
We engage in and contribute to establishment and improvement of well developed legal systems in the finance area and, on the other hand, we also offer our opinion to the relevant authority in order to avoid over-regulation. We have also contributed to various services of financial organizations as their legal advisor and make use of such experiences to handle legal work for our clients.
In addition, in connection with our finance law practice, we invited Yoshiaki Koyama* as our part-time advisor. He supports us by giving advices to our attorneys as to individual cases as well as general issues from a broad perspective.
*Mr. Koyama's Profile:
Deputy Director-General for Banking Bureau, the Ministry of Finance
Member of Policy Board, Bank of Japan
Special Advisor, Regional Financial Laboratory (Present Post)
Banking Act of Japan (a wholly revised edition)
In addition to a traditional financial legal work regarding settlement, including, but not limited to deposit, loan and exchange, we have handled a wide range of associated issue as looking over the limitation of Banking Law. We have provided legal services on the latest finance area which is making progress in various ways day by day, for example, mobilizing and securitization of assets, a various payment and settlement and so on.
The term "FinTech" became well-known since it was regarded as one of the priority policies of the Financial Services Agency. We have long rendered legal advice on development of various financial instruments, etc. using IT technology.
We deal with various legal areas and legal affairs related to FinTech, such as virtual currency and block chain technology, etc.
In addition to a legal work regarding a traditional trust in a trust bank, we have extensive experience in entrustment regarding mobilizing and securitization of real estate and receivables. We actively provide legal services on structuring a scheme for utilizing a various new trust making progress rapidly by the revision of relevant financial regulations. We provide assistance in the structuring and maintaining of internal controls and compliance structures necessary for complying with the relevant financial regulations, for example, developing company regulations, as well as advice on each individual case.
Finance Instruments Business
In addition to a legal work regarding a traditional type 1 financial instruments business as public offerings and private placement of shares and bonds, we provide a legal service in a wide area, for example, type 2 financial instruments business as transfer of beneficial interest, investment management and advisory as operating a fund. We provide assistance in the structuring and maintaining of internal controls and compliance structures necessary for complying with the relevant financial regulations, for example, adjusting accounts, as well as advice on each individual case. We structure and maintain structures for catching up frequent revision of the relevant financial regulations.
We provide legal services under the laws and regulations related to moneylending business, including, but not limited to Moneylending Control Act, depending on a category of each nonbank.
We provide legal services for a various type of insurance under the laws and regulations related to insurance business, including, but not limited to Insurance Business Act. We provide assistance in the structuring and maintaining of internal controls and compliance structures of an insurance company.
KATAOKA & KOBAYASHI has extensive experience in handling a wide variety of lease transactions, for example, finance lease, operating lease and mobilizing of leasing receivables.
We provide legal services on a wide variety of sales credit transactions, for example, transactions in relation to purchasing contract for goods by installment payments and transactions in relation to credit card.
Electronically Recorded Monetary Claims
We participated in establishment of a first organization dealing with electronically recorded monetary claims business in Japan. Subsequently, we are a pioneer in this area, as developing an operating rule, structuring a new scheme for utilizing a system of electronically recorded monetary claims and supporting awareness building activities for expansion of the system.
Various Payment and Settlement
In addition to a legal work regarding a method of payment and settlement utilizing an exchanging transaction under Banking Law or under Payment Services Act, we provide a legal service in a wide variety of and complicated payment and settlement transaction, for example, a transaction through ATM set in a convenience store or internet, agency payment service and so on. We have distinguished expertise in structuring legal configurations and advising in IT system for responding to such transaction.
Advanced Payment Certificate, E-Money and Fund Transfer
We were involved in the process of making regulations for prepaid voucher and Payment Services Act. In the light of such experience, we provide legal services for a various type of payment service business, including, but not limited to e-money, pre-paid card, money coupon and fund transfer recognized by a new law.
Trading Firm Transaction
We provide legal services for a various type of trading firm transaction which is developing extensively and complicatedly, for example, the legal problems over fictitious purchase and sale.
We were involved in the process of making contract patterns for various factoring transactions, for example, batch factoring as non-circulation transactions, lump-sum trust, guarantee, assumption of obligations, and such patterns are utilized widely.
In the area of mortgage securities transaction which has led to securitization, we were involved in the process of making Act on Regulation, etc. of Mortgage Securities Business and have extensive experience dealing with such transactions since then. Although Act on Regulation, etc. of Mortgage Securities Business was abolished, we provide legal services in the area of mortgage securities which are still left in the society.
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