Act on Public Consultants on Social and Labour Insurance

If a person who is not a member has committed an act that makes others mistake that person for a member, that person who is not a member bears the same responsibility as a member toward a person who has dealt with the labor and social security attorney corporation based on that mistake.

A labor and social security attorney corporation must have a member who is a member of a labor and social security attorney's association established in the area of the prefecture in which the office is located reside permanently at each of its offices.

A labor and social security attorney corporation whose purpose is to conduct dispute resolution procedure representation business may not handle dispute resolution procedure representation business at an office where no specified member resides permanently.

A labor and social security attorney corporation whose purpose is to conduct dispute resolution procedure representation business must not conduct dispute resolution procedure representation business with regard to the cases listed in the following items. However, with regard to the case listed in item (iii), this does not apply if the client of the case that the corporation has accepted consents:

a case, as one relating to dispute resolution procedure representation business, in which the corporation has received consultation from the other party and has assisted that party, or has accepted that party's request;

a case in which the corporation has received consultation from the other party as one relating to dispute resolution procedure representation business, where the extent and method of that consultation are found to be based on a relationship of trust;

another case commissioned by the other party of a case that the corporation has accepted as pertaining to dispute resolution procedure representation business;

a case that, as a case prescribed in Article 22, paragraph (1) or a case listed in the items of paragraph (2) of that Article, is one in which half or more of the members are prohibited from conducting their business or dispute resolution procedure representation business.

A member of a labor and social security attorney corporation must not engage, for the member or a third party, in business falling within the scope of the business of that labor and social security attorney corporation, or become a member of another labor and social security attorney corporation.

When a member of a labor and social security attorney corporation has, in violation of the preceding paragraph, engaged for the member or a third party in business falling within the scope of the business of that labor and social security attorney corporation, the amount of profit obtained by that member or third party through that business is presumed to be the amount of damage incurred by the labor and social security attorney corporation.

A labor and social security attorney corporation must not have a person who is not a labor and social security attorney perform the affairs listed in Article 2, paragraph (1), items (i) through (i)-3 and item (ii).

A labor and social security attorney corporation whose purpose is to conduct dispute resolution procedure representation business must not have a person who is not a specified labor and social security attorney conduct dispute resolution procedure representation business.

The provisions of Articles 1, 1-2, 15, 16, 19, 20, 23-2, 25-30 and 25-36 apply mutatis mutandis to labor and social security attorney corporations.

A member of a labor and social security attorney corporation withdraws for the following reasons:

cancellation of registration as a labor and social security attorney;

occurrence of a reason specified in the articles of incorporation;

the consent of all members;

removal.

A labor and social security attorney corporation is dissolved for the following reasons:

occurrence of a reason specified in the articles of incorporation;

the consent of all members;

merger with another labor and social security attorney corporation;

a ruling to commence bankruptcy proceedings;

a judicial decision ordering dissolution;

an order of dissolution under Article 25-24, paragraph (1);

absence of all members.

When a labor and social security attorney corporation has been dissolved for a reason other than the reason set forth in item (iii) of the preceding paragraph, it must, within two weeks from the day of dissolution, notify the Federation to that effect via the labor and social security attorney's association for the location of the principal office.

The liquidator may, only in the case where the labor and social security attorney corporation has come to fall under paragraph (1), item (vii) of the preceding Article due to the death of a member, with the consent of the heir of that member (or, where a person who is to exercise the rights of a member has been determined under the provisions of Article 608, paragraph (5) of the Companies Act as applied mutatis mutandis pursuant to Article 675 of that Act as applied mutatis mutandis pursuant to Article 25-25, paragraph (2), that person), admit a new member and continue the labor and social security attorney corporation.

The dissolution and liquidation of a labor and social security attorney corporation are subject to the supervision of the court.

The court, on its own authority, may conduct any inspection that is necessary for the supervision referred to in the preceding paragraph at any time.

The court that supervises the dissolution and liquidation of a labor and social security attorney corporation may request the opinion of the Minister of Health, Labour and Welfare or commission an investigation.

The Minister of Health, Labour and Welfare may state an opinion to the court prescribed in the preceding paragraph.

When liquidation has been concluded, the liquidator must notify the Federation to that effect.

Cases concerning the supervision of the dissolution and liquidation of a labor and social security attorney corporation fall under the jurisdiction of the district court having jurisdiction over the location of its principal office.

The court may appoint an inspector to have an investigation conducted that is necessary for the supervision of the dissolution and liquidation of a labor and social security attorney corporation.

No appeal may be filed against a judicial decision on the appointment of an inspector under the preceding paragraph.

When the court has appointed an inspector under paragraph (1), it may determine the amount of remuneration that the labor and social security attorney corporation is to pay to that inspector. In this case, the court must hear the statements of that labor and social security attorney corporation and of the inspector.

A labor and social security attorney corporation may merge with another labor and social security attorney corporation if there is the consent of all members.

A merger takes effect when the labor and social security attorney corporation that survives the merger or the labor and social security attorney corporation established by the merger registers at the location of its principal office.

When a labor and social security attorney corporation has merged, it must, within two weeks from the date of the merger, notify the Federation to that effect, attaching a certificate of registered information (in the case of a labor and social security attorney corporation established by the merger, a certificate of registered information and a copy of the articles of incorporation), via the labor and social security attorney's association for the location of the principal office.

The labor and social security attorney corporation that survives the merger or the labor and social security attorney corporation established by the merger succeeds to the rights and obligations of the labor and social security attorney corporation that ceases to exist due to that merger.