Act on Public Consultants on Social and Labour Insurance

The mission of a labor and social security attorney is, through the smooth implementation of laws and regulations concerning labor and social insurance, to contribute to the establishment of appropriate personnel management and the formation of a proper working environment in which individual dignity is maintained, thereby contributing to the sound development of business, the improvement of the welfare of workers, etc., and the improvement and promotion of social security, and thus contributing to the realization of an affluent national life and a vibrant economy and society.

A labor and social security attorney must at all times maintain dignity, be well versed in laws and regulations and practice relating to the labor and social security attorney's business, and perform that business in good faith from a fair standpoint.

①A labor and social security attorney engages, as a business, in the performance of the affairs listed in the following items:

②The business listed in item (i)-4 through item (i)-6 of the preceding paragraph (hereinafter referred to as "dispute resolution procedure representation business") may be conducted only by a labor and social security attorney who has passed the dispute resolution procedure representation business examination and has received an annotation under Article 14-11-3, paragraph (1) (hereinafter referred to as a "specified labor and social security attorney").

③Dispute resolution procedure representation business includes the following affairs:

④The affairs listed in the items of paragraph (1) do not include affairs the performance of which is restricted under other laws, or affairs relating to claims made, in respect of the costs of medical care benefits based on the labor and social insurance laws and regulations and benefits equivalent thereto, by persons in charge of providing those benefits.

①A labor and social security attorney may, as an assistant in court, appear in court together with a litigation representative who is an attorney, and make statements concerning personnel management and other matters relating to labor in business and matters relating to social insurance based on the labor and social insurance laws and regulations.

②A statement under the preceding paragraph is deemed to have been made by the party or litigation representative in person; provided, however, that this does not apply if the party or litigation representative immediately retracts or corrects the statement referred to in that paragraph.

①A person who falls under any one of the following items and who either has been engaged, for a total period of two years or more, in affairs specified by Order of the Ministry of Health, Labour and Welfare concerning the labor and social insurance laws and regulations, or is found by the Minister of Health, Labour and Welfare to have experience equal or superior thereto, is qualified to be a labor and social security attorney:

②A person qualified to be an attorney is qualified to be a labor and social security attorney, notwithstanding the preceding paragraph.

A person who falls under any of the following items is not qualified to be a labor and social security attorney, notwithstanding Article 3:

A person who falls under any of the following items may take the labor and social security attorney examination:

The purpose of the labor and social security attorney examination is to determine whether a person has the knowledge and ability necessary to become a labor and social security attorney, and it is conducted in the following subjects:

①The labor and social security attorney examination is conducted by the Minister of Health, Labour and Welfare at least once every year.

②The Minister of Health, Labour and Welfare is to appoint labor and social security attorney examination examiners, from among persons with academic knowledge and experience concerning labor and social insurance, to administer the labor and social security attorney examination; provided, however, that this does not apply in the case where it has been decided, pursuant to paragraph (1) of the following Article, to have the Japan Federation of Labor and Social Security Attorney's Associations conduct the examination administration set out in that paragraph.

①The Minister of Health, Labour and Welfare may have the Japan Federation of Labor and Social Security Attorney's Associations (hereinafter referred to as the "Federation") conduct affairs relating to the implementation of the labor and social security attorney examination (excluding affairs relating to the decision on passing; hereinafter referred to as "examination administration").

②When the Minister of Health, Labour and Welfare has the Federation conduct examination administration pursuant to the preceding paragraph, the Minister is to give public notice to that effect in the Official Gazette, and in that case, the Minister is not to conduct examination administration.

With respect to the examination subjects of the labor and social security attorney examination listed in the Exempted Subjects column of Appended Table 2, the examination in those subjects is exempted, in each case upon application, for a person who falls under those listed in the corresponding Persons Eligible for Exemption column.

①A person who intends to take the labor and social security attorney examination must pay the examination fee to the State (to the Federation, in the case where the Federation conducts examination administration), as specified by Cabinet Order.

②The examination fee paid to the Federation pursuant to the preceding paragraph constitutes revenue of the Federation.

③The examination fee paid pursuant to paragraph (1) is not to be refunded even if the person did not take the labor and social security attorney examination.

①The Minister of Health, Labour and Welfare may, with regard to a person who has taken or attempted to take the labor and social security attorney examination by fraudulent means, rescind the decision that the person has passed, or prohibit the person from taking that examination.

②The Federation may exercise the authority of the Minister of Health, Labour and Welfare prescribed in the preceding paragraph (limited to prohibiting a person from taking the labor and social security attorney examination) in connection with the implementation of examination administration.

③The Minister of Health, Labour and Welfare may, depending on the circumstances, specify a period of three years or less and provide that a person who has been subject to a disposition under the preceding two paragraphs is not to be allowed to take the labor and social security attorney examination.

A person who is dissatisfied with a disposition concerning examination administration conducted by the Federation, or with the inaction thereof, may file a request for review with the Minister of Health, Labour and Welfare. In this case, the Minister of Health, Labour and Welfare is deemed to be a superior administrative agency of the Federation for the purpose of applying Article 25, paragraphs (2) and (3), Article 46, paragraphs (1) and (2), Article 47, and Article 49, paragraph (3) of the Administrative Complaint Review Act (Act No. 68 of 2014).

①The dispute resolution procedure representation business examination is conducted by the Minister of Health, Labour and Welfare at least once every year, for labor and social security attorneys who have completed training specified by Order of the Ministry of Health, Labour and Welfare concerning the academic knowledge and practical ability necessary to conduct dispute resolution procedure representation business, in order to determine whether they have that academic knowledge and practical ability.

②The Minister of Health, Labour and Welfare is to appoint dispute resolution procedure representation business examination examiners, from among persons with academic knowledge and experience concerning dispute resolution procedure representation business, to administer the dispute resolution procedure representation business examination; provided, however, that this does not apply in the case where it has been decided, pursuant to the following Article, to have the Federation conduct the representation business examination administration prescribed in that Article.

The Minister of Health, Labour and Welfare may have the Federation conduct affairs relating to the implementation of the dispute resolution procedure representation business examination (excluding affairs relating to the decision on passing; hereinafter referred to as "representation business examination administration").

The provisions of Article 10-2, paragraph (2) and Articles 12 through 13-2 apply mutatis mutandis to the dispute resolution procedure representation business examination and representation business examination administration.

In addition to what is provided for in this Chapter, matters necessary for the labor and social security attorney examination and the dispute resolution procedure representation business examination are specified by Order of the Ministry of Health, Labour and Welfare.

①For a person qualified to be a labor and social security attorney to become a labor and social security attorney, the person must be registered in the roll of labor and social security attorneys with the person's name, date of birth, address, and other particulars specified by Order of the Ministry of Health, Labour and Welfare.

②A labor and social security attorney (including a person who is going to become a member of a labor and social security attorney corporation) who intends to carry out, as a business and in return for remuneration at the request of another person, the affairs prescribed in Article 2 must determine an office (in the case of a person who is going to become a member of a labor and social security attorney corporation, an office of that labor and social security attorney corporation) and, in advance, be registered in the roll of labor and social security attorneys with, in addition to the particulars prescribed in the preceding paragraph, the name and location of the office and other particulars specified by Order of the Ministry of Health, Labour and Welfare.

③A labor and social security attorney who works at a place of business (including an office of a labor and social security attorney or a labor and social security attorney corporation; the same applies hereinafter) and engages in the affairs prescribed in Article 2 (hereinafter referred to as an "employed labor and social security attorney") must be registered in the roll of labor and social security attorneys with, in addition to the particulars prescribed in paragraph (1), the name and location of that place of business and other particulars specified by Order of the Ministry of Health, Labour and Welfare.

①The roll of labor and social security attorneys is kept at the Federation.

②Registration in the roll of labor and social security attorneys is carried out by the Federation.

When a change has occurred in any particulars registered in the roll of labor and social security attorneys, a labor and social security attorney must, without delay, apply for registration of the change.

A person who intends to receive registration under Article 14-2, paragraph (1) must submit to the Federation, via the labor and social security attorney's association specified by Order of the Ministry of Health, Labour and Welfare, a written application for registration stating the particulars prescribed in that paragraph and other particulars specified by Order of the Ministry of Health, Labour and Welfare, attaching documents certifying that the person is qualified to be a labor and social security attorney.

①When the Federation has received an application for registration under the preceding Article, it must, if it finds that the applicant is qualified to be a labor and social security attorney and does not fall under any of the items of the following Article, register the applicant in the roll of labor and social security attorneys without delay, and must refuse the registration if it finds that the applicant is not qualified to be a labor and social security attorney or falls under any of the items of that Article. When it intends to refuse registration, it must do so on the basis of a resolution of the Qualifications Screening Board prescribed in Article 25-37.

②When the Federation intends to refuse registration under the preceding paragraph, it must in advance notify the applicant to that effect and give the applicant an opportunity to explain, in person or through an agent, within a reasonable period.

③When the Federation has registered an applicant in the roll of labor and social security attorneys under paragraph (1), it must issue a labor and social security attorney identification card to the applicant, and when it has refused registration under that paragraph, it must notify the applicant to that effect in a document stating the reasons.

A person who falls under any of the following items may not receive registration as a labor and social security attorney:

①A person who has been refused registration under Article 14-6, paragraph (1) and is dissatisfied with that disposition may file a request for review with the Minister of Health, Labour and Welfare.

②A person who has applied for registration under Article 14-5 may, if no disposition has been made even after three months have elapsed from the date of the application, file a request for review with the Minister of Health, Labour and Welfare, treating the registration as having been refused. In this case, the Federation is deemed to have refused that registration under Article 14-6, paragraph (1) on the day of the request for review.

③In the cases referred to in the preceding two paragraphs, the Minister of Health, Labour and Welfare is deemed to be a superior administrative agency of the Federation for the purpose of applying Article 25, paragraphs (2) and (3) and Article 46, paragraph (2) of the Administrative Complaint Review Act.

①The Federation may revoke the registration of a person who has been registered as a labor and social security attorney, on the basis of a resolution of the Qualifications Screening Board prescribed in Article 25-37, if the person falls under any of the following items:

②When the Federation has revoked a registration under the preceding paragraph on the ground that the person has come to fall under item (i) or item (ii) of that paragraph, it must notify the person subject to that disposition to that effect in a document stating the reasons.

③A person whose registration has been revoked under paragraph (1) and who is dissatisfied with that disposition may file a request for review with the Minister of Health, Labour and Welfare. In this case, the Minister of Health, Labour and Welfare is deemed to be a superior administrative agency of the Federation for the purpose of applying Article 25, paragraphs (2) and (3) and Article 46, paragraph (1) of the Administrative Complaint Review Act.

①The Federation must, without delay, cancel the registration of a labor and social security attorney if the labor and social security attorney falls under any of the following items:

②If a labor and social security attorney has come to fall under item (ii) or item (iv) of the preceding paragraph, that person, the person's legal representative or the person's heir must, without delay, notify the Federation to that effect.

When the Federation has made a registration under Article 14-6, paragraph (1), and when it has cancelled a registration under paragraph (1) of the preceding Article, it must, without delay, give public notice to that effect in the Official Gazette.

When a labor and social security attorney intends to receive, in the labor and social security attorney's registration, an annotation to the effect that the labor and social security attorney has passed the dispute resolution procedure representation business examination (hereinafter referred to as the "annotation of dispute resolution procedure representation business"), the labor and social security attorney must submit to the Federation, via the labor and social security attorney's association specified by Order of the Ministry of Health, Labour and Welfare, a written application for annotation stating the labor and social security attorney's name and other particulars specified by Order of the Ministry of Health, Labour and Welfare, with a document certifying that the labor and social security attorney has passed the dispute resolution procedure representation business examination attached.

①When the Federation has received an application under the preceding Article, it must, without delay, make the annotation of dispute resolution procedure representation business in the registration of the labor and social security attorney concerned.

②When the Federation has made an annotation in the roll of labor and social security attorneys under the preceding paragraph, it must issue to the applicant a labor and social security attorney identification card bearing an annotation to the effect that the person is a specified labor and social security attorney (hereinafter referred to as the "specified labor and social security attorney identification card").

③A labor and social security attorney who has been issued a specified labor and social security attorney identification card under the preceding paragraph must, without delay, return the labor and social security attorney identification card to the Federation.

①If it becomes clear that a person who has received the annotation of dispute resolution procedure representation business received that annotation by deception or other wrongful means, the Federation must cancel that annotation.

②The provisions of Article 14-9, paragraph (2) apply mutatis mutandis to the cancellation of an annotation under the preceding paragraph.

The provisions of Article 14-11 apply mutatis mutandis to the annotation of dispute resolution procedure representation business and the cancellation of that annotation.

①When the annotation of dispute resolution procedure representation business of a specified labor and social security attorney has been cancelled, that person must, without delay, return the specified labor and social security attorney identification card to the Federation.

②When a specified labor and social security attorney identification card has been returned under the preceding paragraph, the Federation must, without delay, reissue the labor and social security attorney identification card to the person referred to in that paragraph.

①When the registration of a labor and social security attorney has been cancelled, that person, the person's legal representative or the person's heir must, without delay, return the labor and social security attorney identification card or the specified labor and social security attorney identification card to the Federation. The same applies where a labor and social security attorney has been subject to a disposition of suspension of business under Article 25-2 or Article 25-3.

②When a labor and social security attorney falling under the second sentence of the preceding paragraph has become able to conduct the business to which the disposition relates, the Federation must, upon the labor and social security attorney's application, reissue the labor and social security attorney identification card or the specified labor and social security attorney identification card to that person.

In addition to what is prescribed in this Chapter, matters necessary with regard to the registration of labor and social security attorneys are specified by Order of the Ministry of Health, Labour and Welfare.

A labor and social security attorney must not give instructions on, respond to consultations on, or otherwise engage in similar acts concerning improperly receiving insurance benefits under the labor and social insurance laws and regulations, improperly evading the imposition or collection of insurance premiums under the labor and social insurance laws and regulations, or other acts in violation of the labor and social insurance laws and regulations.

A labor and social security attorney must not engage in conduct that harms the credibility or dignity of labor and social security attorneys.

An employed labor and social security attorney must endeavor to handle appropriately and smoothly the affairs prescribed in Article 2 in which the labor and social security attorney engages at the place of business where the labor and social security attorney works.

①A labor and social security attorney must endeavor to receive training conducted by labor and social security attorney's associations and the Federation and thereby to improve the labor and social security attorney's qualities.

②When an employed labor and social security attorney has applied to attend the training prescribed in the preceding paragraph, the business owner must endeavor to give the labor and social security attorney an opportunity to attend, to the extent that doing so does not interfere with the operation of the business.

①When a labor and social security attorney or a labor and social security attorney corporation has prepared a written application, etc. (limited to those specified by Order of the Ministry of Health, Labour and Welfare), it may, as specified by Order of the Ministry of Health, Labour and Welfare, state the matters that formed the basis for preparing that written application, etc. in a document and attach that document to the written application, etc., or add them as a note to the written application, etc.

②When a labor and social security attorney or a labor and social security attorney corporation has been consulted about a written application, etc. (limited to those specified by Order of the Ministry of Health, Labour and Welfare) prepared by another person, has examined it, and has found that the written application, etc. has been prepared in accordance with the labor and social insurance laws and regulations, it may, as specified by Order of the Ministry of Health, Labour and Welfare, state in a document the matters examined and the fact that the written application, etc. has been prepared in accordance with the provisions of the labor and social insurance laws and regulations, and attach that document to the written application, etc., or add them as a note to the written application, etc.

③When a labor and social security attorney or a labor and social security attorney corporation has made an attachment or added a note under the preceding two paragraphs, the labor and social security attorney concerned in that attachment or note must add, at the end of the attached document or the note, a note to the effect that the person is a labor and social security attorney, and write the person's name.

①A labor and social security attorney who carries out, as a business and in return for remuneration at the request of another person, the affairs prescribed in Article 2 (excluding a member of a labor and social security attorney corporation; hereinafter referred to as a "self-employed labor and social security attorney") must not establish two or more offices for carrying out that business; provided, however, that this does not apply if the labor and social security attorney has obtained the permission of the Minister of Health, Labour and Welfare in a case of special necessity.

②A member of a labor and social security attorney corporation must not establish an office for carrying out, as a business, the affairs prescribed in Article 2.

①A self-employed labor and social security attorney must keep books relating to the labor and social security attorney's business and enter in them the name of the case, the date on which the request was received, the amount of remuneration received, the address and name or title of the client, and other particulars specified by the Minister of Health, Labour and Welfare.

②A self-employed labor and social security attorney must retain the books referred to in the preceding paragraph, together with the related documents, for two years from the time the books are closed. The same applies when the labor and social security attorney has ceased to be a self-employed labor and social security attorney.

A self-employed labor and social security attorney must not refuse a request (excluding one relating to dispute resolution procedure representation business) unless there are justifiable grounds.

A self-employed labor and social security attorney or a member of a labor and social security attorney corporation must not, without justifiable grounds, divulge or misappropriate any secret learned in connection with the business. The same applies after the person has ceased to be a self-employed labor and social security attorney or a member of a labor and social security attorney corporation.

①A labor and social security attorney must not conduct business with regard to a case that the labor and social security attorney has handled in the course of duties as a public officer of the State or a local government, or a case that the labor and social security attorney has handled as an arbitrator in arbitration proceedings.

②A specified labor and social security attorney must not conduct dispute resolution procedure representation business with regard to the cases listed in the following items; provided, however, that with regard to the case listed in item (iii), this does not apply if the client of the case that the labor and social security attorney has accepted consents:

A labor and social security attorney must not receive referrals of cases from a person who violates the provisions of Article 26 or Article 27, or allow such a person to use the labor and social security attorney's name.

①When the Minister of Health, Labour and Welfare finds it necessary to ensure the proper operation of the business of a self-employed labor and social security attorney or a labor and social security attorney corporation, the Minister may require that self-employed labor and social security attorney or labor and social security attorney corporation to make a necessary report concerning its business, or have staff members enter the offices of that self-employed labor and social security attorney or labor and social security attorney corporation, question that self-employed labor and social security attorney or labor and social security attorney corporation, or inspect books and documents relating to its business (including an electronic or magnetic record where such a record has been prepared, kept or retained in lieu of preparing, keeping or retaining the books and documents).

②A staff member seeking to carry out entry and inspection pursuant to the provisions of the preceding paragraph must carry an identification card and produce it when requested to do so by the persons concerned.

③The authority to conduct on-site inspections under paragraph (1) must not be construed as being vested for criminal investigation.

Disciplinary action against a labor and social security attorney consists of the following three types:

①When a labor and social security attorney has intentionally prepared a written application, etc. or performed administrative representation or dispute resolution procedure representation business contrary to the true facts, or has committed an act in violation of Article 15, the Minister of Health, Labour and Welfare may take a disposition of suspension of business, for a period of one year or less, of a self-employed labor and social security attorney, a labor and social security attorney who is an employee of a self-employed labor and social security attorney, or a labor and social security attorney who is a member or employee of a labor and social security attorney corporation, or a disposition of disqualification.

②When a labor and social security attorney has committed an act prescribed in the preceding paragraph by failing to exercise due care, the Minister of Health, Labour and Welfare may take a disposition of admonition or of suspension of business, for a period of one year or less, of a self-employed labor and social security attorney, a labor and social security attorney who is an employee of a self-employed labor and social security attorney, or a labor and social security attorney who is a member or employee of a labor and social security attorney corporation.

In addition to cases falling under the preceding Article, when a labor and social security attorney has made a false entry in a document attached under Article 17, paragraph (1) or (2) or in a note added under paragraph (1) or (2) of that Article, has violated the provisions of this Act and orders based on it or of the labor and social insurance laws and regulations, or has committed serious misconduct unbecoming of a labor and social security attorney, the Minister of Health, Labour and Welfare may take the disciplinary action prescribed in Article 25.

①When a labor and social security attorney's association or the Federation finds that there is an act or fact prescribed in the preceding two Articles concerning a member of the labor and social security attorney's association, it must notify the Minister of Health, Labour and Welfare of the member's name, the location of the member's place of business, and that act or fact.

②Any person who finds that there is an act or fact prescribed in the preceding two Articles concerning a labor and social security attorney may notify the Minister of Health, Labour and Welfare of the labor and social security attorney's name and that act or fact, and request that appropriate measures be taken.

①When the Minister of Health, Labour and Welfare intends to take disciplinary action of admonition or suspension of business under Article 25-2 or Article 25-3, the Minister must hold a hearing, regardless of the classification of procedures for the statement of opinions under Article 13, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993).

②In holding a hearing relating to disciplinary action under Article 25-2 or Article 25-3, the Minister of Health, Labour and Welfare must, by one week before the date of the hearing, give the notice under Article 15, paragraph (1) of the Administrative Procedure Act and publicly announce the date and place of the hearing.

③The examination on the date of the hearing under the preceding paragraph must be conducted in public.

When a labor and social security attorney has been placed under disciplinary proceedings, the Federation may not cancel the registration of that labor and social security attorney under Article 14-10, paragraph (1), item (i) until those proceedings have been concluded.

When the Minister of Health, Labour and Welfare has taken disciplinary action under Article 25-2 or Article 25-3, the Minister must, without delay, notify the labor and social security attorney concerned to that effect in a document stating the reasons, and give public notice in the Official Gazette.

Labor and social security attorneys may establish a labor and social security attorney corporation (meaning a corporation established by labor and social security attorneys for the purpose of carrying out the business listed in Article 2, paragraph (1), items (i) through (i)-3, item (ii) and item (iii); the same applies hereinafter) as provided in this Chapter.

A labor and social security attorney corporation must use the words "labor and social security attorney corporation" in its name.

①A member of a labor and social security attorney corporation must be a labor and social security attorney.

②The following persons may not become members:

①In addition to carrying out the business listed in Article 2, paragraph (1), items (i) through (i)-3, item (ii) and item (iii), a labor and social security attorney corporation may carry out the following business as provided by its articles of incorporation:

②Dispute resolution procedure representation business may be conducted only by a labor and social security attorney corporation that has a specified labor and social security attorney among its members.

In addition to what is prescribed in paragraph (1) of the preceding Article, a labor and social security attorney corporation may accept entrustment of affairs that a labor and social security attorney may handle under Article 2-2, paragraph (1), to be performed by a labor and social security attorney who is a member or employee of that labor and social security attorney corporation (hereinafter in this Article and Article 25-24, paragraph (4) referred to as a "member, etc."). In this case, the labor and social security attorney corporation must have the entrusting party appoint an assistant from among the members, etc. of that labor and social security attorney corporation.

①A labor and social security attorney corporation must complete registration, as specified by Cabinet Order.

②Matters that must be registered pursuant to the preceding paragraph may not be asserted against a third party until after registration.

①To establish a labor and social security attorney corporation, the labor and social security attorneys who are to become its members must draw up articles of incorporation.

②The provisions of Article 30, paragraph (1) of the Companies Act (Act No. 86 of 2005) apply mutatis mutandis to the articles of incorporation of a labor and social security attorney corporation.

③The articles of incorporation must state at least the following particulars:

A labor and social security attorney corporation is formed upon registration of its establishment at the location of its principal office.

①When a labor and social security attorney corporation has been formed, it must, within two weeks from the date of formation, notify the Federation to that effect, via the labor and social security attorney's association established in the area of the prefecture in which its principal office is located (hereinafter referred to as the "labor and social security attorney's association for the location of the principal office"), attaching a certificate of registered information and a copy of the articles of incorporation.

②The Federation must, as specified by Order of the Ministry of Health, Labour and Welfare, prepare a roll of labor and social security attorney corporations and submit it to the Minister of Health, Labour and Welfare.

①Except where otherwise provided in the articles of incorporation, a labor and social security attorney corporation may change its articles of incorporation by the consent of all members.

②When a labor and social security attorney corporation has changed its articles of incorporation, it must, within two weeks from the date of the change, notify the Federation of the matters pertaining to the change, via the labor and social security attorney's association for the location of the principal office.

①Except where otherwise provided in the articles of incorporation, all members of a labor and social security attorney corporation have the right and the obligation to execute its business.

②Notwithstanding the preceding paragraph, with regard to dispute resolution procedure representation business in a labor and social security attorney corporation whose purpose is to conduct dispute resolution procedure representation business, only members who are specified labor and social security attorneys (hereinafter referred to as "specified members") have the right and the obligation to execute that business.

①Each member of a labor and social security attorney corporation represents the labor and social security attorney corporation. However, this does not preclude the articles of incorporation or the consent of all members from specifying, from among the members, those who are in particular to represent the labor and social security attorney corporation.

②Notwithstanding the main clause of the preceding paragraph, with regard to dispute resolution procedure representation business in a labor and social security attorney corporation whose purpose is to conduct dispute resolution procedure representation business, only specified members each represent the labor and social security attorney corporation. However, this does not preclude the consent of all of the specified members concerned from specifying, from among those specified members, those who are in particular to represent the labor and social security attorney corporation with regard to dispute resolution procedure representation business.

③A member who represents the labor and social security attorney corporation pursuant to the provisions of paragraph (1) has the authority to perform all judicial and extrajudicial acts relating to the business of the labor and social security attorney corporation (excluding the dispute resolution procedure representation business referred to in the preceding paragraph).

④No limitation on the authority under the preceding paragraph may be asserted against a third party in good faith.

⑤A member who represents the labor and social security attorney corporation pursuant to the provisions of paragraph (1) may delegate the representation of specific acts to another person only if this is not prohibited by the articles of incorporation.

①If the obligations of a labor and social security attorney corporation cannot be fully satisfied with its property, each member is jointly and severally responsible for their satisfaction.

②The same applies as under the preceding paragraph where compulsory execution against the property of the labor and social security attorney corporation has not been effective.

③The provisions of the preceding paragraph do not apply if a member proves that the labor and social security attorney corporation has the resources and that execution is easy.

④If the obligations that a labor and social security attorney corporation whose purpose is to conduct dispute resolution procedure representation business has come to bear toward a client in relation to dispute resolution procedure representation business cannot be fully satisfied with the property of that labor and social security attorney corporation, then notwithstanding the provisions of paragraph (1), the specified members (including specified members who have withdrawn from that labor and social security attorney corporation; the same applies hereinafter in this Article) are jointly and severally responsible for their satisfaction. However, this does not apply to a specified member who has withdrawn from that labor and social security attorney corporation if that member proves that the obligation arose from a cause arising after the withdrawal.

⑤Notwithstanding the provisions of paragraphs (2) and (3), where compulsory execution against the property of the labor and social security attorney corporation with regard to the obligations prescribed in the main clause of the preceding paragraph has not been effective, the same applies as under the preceding paragraph, except where a specified member proves that the labor and social security attorney corporation has the resources and that execution is easy.

⑥The provisions of Article 612 of the Companies Act apply mutatis mutandis to the withdrawal of a member of a labor and social security attorney corporation. However, this does not apply to the obligations prescribed in the main clause of paragraph (4).

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:

①A 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.

②When 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.

①A 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).

②A 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:

①A labor and social security attorney corporation is dissolved for the following reasons:

②When 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.

①The dissolution and liquidation of a labor and social security attorney corporation are subject to the supervision of the court.

②The court, on its own authority, may conduct any inspection that is necessary for the supervision referred to in the preceding paragraph at any time.

③The 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.

④The 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.

①The 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.

②No appeal may be filed against a judicial decision on the appointment of an inspector under the preceding paragraph.

③When 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.

①A labor and social security attorney corporation may merge with another labor and social security attorney corporation if there is the consent of all members.

②A 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.

③When 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.

④The 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.

①A creditor of a labor and social security attorney corporation that is to merge may state an objection to the merger to that labor and social security attorney corporation.

②A labor and social security attorney corporation that is to merge must give public notice of the following matters in the Official Gazette and must also give separate notice to each known creditor. However, the period referred to in item (iii) may not be shorter than one month:

③Notwithstanding the provisions of the preceding paragraph, if a labor and social security attorney corporation that is to merge gives the public notice under the provisions of that paragraph, in addition to doing so in the Official Gazette, by the method set forth in item (ii) or (iii) of that paragraph, in accordance with the provisions of the articles of incorporation under Article 939, paragraph (1) of the Companies Act as applied mutatis mutandis in paragraph (6), the separate notice under the provisions of the preceding paragraph is not required.

④If a creditor has not stated an objection within the period referred to in paragraph (2), item (iii), that creditor is deemed to have approved the merger.

⑤If a creditor has stated an objection within the period referred to in paragraph (2), item (iii), the labor and social security attorney corporation that is to merge must make payment to that creditor, provide appropriate security, or entrust appropriate property to a trust company, etc. (meaning a trust company and a financial institution that engages in trust business (meaning a financial institution that has received the authorization under Article 1, paragraph (1) of the Act on Engagement in Trust Business by Financial Institutions (Act No. 43 of 1943))) for the purpose of having that creditor receive payment. However, this does not apply if there is no risk of harming that creditor by the merger.

⑥The provisions of Article 939, paragraph (1) (limited to the portions pertaining to items (ii) and (iii)) and paragraph (3), Article 940, paragraph (1) (limited to the portion pertaining to item (iii)) and paragraph (3), Article 941, Article 946, Article 947, Article 951, paragraph (2), Article 953 and Article 955 of the Companies Act apply mutatis mutandis where a labor and social security attorney corporation gives public notice under the provisions of paragraph (2). In this case, the phrase "method of public notice" in Article 939, paragraphs (1) and (3) of that Act is deemed to be replaced with "method of public notice of merger", and the phrase "trade name" in Article 946, paragraph (3) of that Act is deemed to be replaced with "name".

The provisions of Article 828, paragraph (1) (limited to the portions pertaining to items (vii) and (viii)) and paragraph (2) (limited to the portions pertaining to items (vii) and (viii)), Article 834 (limited to the portions pertaining to items (vii) and (viii)), Article 835, paragraph (1), Article 836, paragraphs (2) and (3), Articles 837 through 839, Article 843 (excluding paragraph (1), items (iii) and (iv) and the proviso to paragraph (2)) and Article 846 of the Companies Act apply mutatis mutandis to an action for nullification of a merger of a labor and social security attorney corporation, and the provisions of Article 868, paragraph (6), Article 870, paragraph (2) (limited to the portion pertaining to item (vi)), Article 870-2, the main clause of Article 871, Article 872 (limited to the portion pertaining to item (v)), Article 872-2, the main clause of Article 873, Article 875 and Article 876 of that Act apply mutatis mutandis to a petition under Article 843, paragraph (4) of that Act as applied mutatis mutandis in this Article, respectively.

①If a labor and social security attorney corporation violates this Act or an order under this Act, or its operation is found to be extremely inappropriate, the Minister of Health, Labour and Welfare may issue a warning to that labor and social security attorney corporation, order suspension of all or part of its business for a period specified within one year, or order its dissolution.

②The provisions of Articles 25-3-2, 25-4 and 25-5 apply mutatis mutandis to a disposition under the preceding paragraph.

③A labor and social security attorney corporation that has been placed in proceedings for a disposition under the provisions of paragraph (1) is deemed, for the purpose of the application of the provisions of this Article, to continue to exist until those proceedings are concluded, even after liquidation has been concluded.

④The provisions of paragraph (1) are not to be construed as precluding, in the case where a labor and social security attorney corporation is subject to a disposition under the provisions of that paragraph, disciplinary action from being taken concurrently against a labor and social security attorney who is a member, etc. of that labor and social security attorney corporation, if there is a fact falling under Article 25-2 or Article 25-3 concerning the member, etc. of that labor and social security attorney corporation.

①The provisions of Article 4 of the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006) and Article 600, Articles 614 through 619, Article 621 and Article 622 of the Companies Act apply mutatis mutandis to labor and social security attorney corporations; the provisions of Articles 581, 582, Article 585, paragraphs (1) and (4), Articles 586, 593, 595, 596, 601, 605 and 606, Article 609, paragraphs (1) and (2), Article 611 (excluding the proviso to paragraph (1)) and Article 613 of that Act apply mutatis mutandis to members of labor and social security attorney corporations; and the provisions of Articles 859 through 862 of that Act apply mutatis mutandis to an action for the expulsion of a member of a labor and social security attorney corporation and for the extinguishment of the right to execute business and the right of representation, respectively. In this case, the phrase "trade name" in Article 613 of that Act is deemed to be replaced with "name"; the phrase "Ministry of Justice Order" in Article 615, paragraph (1), Article 617, paragraphs (1) and (2) and Article 618, paragraph (1), item (ii) of that Act is deemed to be replaced with "Order of the Ministry of Health, Labour and Welfare"; the phrase "electronic or magnetic record" in Article 617, paragraph (3) of that Act is deemed to be replaced with "electronic or magnetic record (meaning an electronic or magnetic record prescribed in Article 2, paragraph (1), item (i) of the Act on Public Consultants on Social and Labour Insurance; the same applies in paragraph (1), item (ii) of the following Article)"; and the phrase "Article 594, paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to Article 598, paragraph (2))" in Article 859, item (ii) of that Act is deemed to be replaced with "Article 25-18, paragraph (1) of the Act on Public Consultants on Social and Labour Insurance".

②The provisions of Article 644 (excluding item (iii)), Articles 645 through 649, Article 650, paragraphs (1) and (2), Article 651, paragraphs (1) and (2) (excluding the portion pertaining to the application mutatis mutandis of Article 594 of that Act), Articles 652 and 653, Articles 655 through 659, Articles 662 through 664, Articles 666 through 673, Article 675, Articles 863 and 864, Article 868, paragraph (1), Article 869, Article 870, paragraph (1) (limited to the portions pertaining to items (i) and (ii)), Article 871, Article 872 (limited to the portion pertaining to item (iv)), Article 874 (limited to the portions pertaining to items (i) and (iv)), Article 875 and Article 876 of the Companies Act apply mutatis mutandis to the dissolution and liquidation of labor and social security attorney corporations. In this case, the phrase "Article 641, item (v)" in Article 644, item (i) of that Act is deemed to be replaced with "Article 25-22, paragraph (1), item (iii) of the Act on Public Consultants on Social and Labour Insurance"; the phrase "Article 641, item (iv) or item (vii)" in Article 647, paragraph (3) of that Act is deemed to be replaced with "Article 25-22, paragraph (1), items (v) through (vii) of the Act on Public Consultants on Social and Labour Insurance"; the phrase "Ministry of Justice Order" in Article 658, paragraph (1) and Article 669 of that Act is deemed to be replaced with "Order of the Ministry of Health, Labour and Welfare"; the phrase "Article 641, items (i) through (iii)" in Article 668, paragraph (1) and Article 669 of that Act is deemed to be replaced with "Article 25-22, paragraph (1), item (i) or (ii) of the Act on Public Consultants on Social and Labour Insurance"; the phrase "Article 939, paragraph (1)" in Article 670, paragraph (3) of that Act is deemed to be replaced with "Article 939, paragraph (1) as applied mutatis mutandis in Article 25-23-2, paragraph (6) of the Act on Public Consultants on Social and Labour Insurance"; and the phrase "Article 580" in Article 673, paragraph (1) of that Act is deemed to be replaced with "Article 25-15-3 of the Act on Public Consultants on Social and Labour Insurance".

③The provisions of Articles 824 and 826, Article 868, paragraph (1), Article 870, paragraph (1) (limited to the portion pertaining to item (x)), the main clause of Article 871, Article 872 (limited to the portion pertaining to item (iv)), the main clause of Article 873, Articles 875, 876 and 904 and Article 937, paragraph (1) (limited to the portion pertaining to item (iii), (b)) of the Companies Act apply mutatis mutandis to an order for the dissolution of a labor and social security attorney corporation, and the provisions of Article 825, Article 868, paragraph (1), Article 870, paragraph (1) (limited to the portion pertaining to item (i)), Article 871, Article 872 (limited to the portions pertaining to items (i) and (iv)), Article 873, Article 874 (limited to the portions pertaining to items (ii) and (iii)), Articles 875, 876, 905 and 906 of that Act apply mutatis mutandis to the preservation of the property of a labor and social security attorney corporation in the case where a petition under Article 824, paragraph (1) of that Act as applied mutatis mutandis in this paragraph has been filed, respectively.

④The provisions of Article 828, paragraph (1) (limited to the portion pertaining to item (i)) and paragraph (2) (limited to the portion pertaining to item (i)), Article 834 (limited to the portion pertaining to item (i)), Article 835, paragraph (1), Articles 837 through 839 and Article 846 of the Companies Act apply mutatis mutandis to an action for nullification of the establishment of a labor and social security attorney corporation.

⑤The provisions of Article 833, paragraph (2), Article 834 (limited to the portion pertaining to item (xxi)), Article 835, paragraph (1), Articles 837 and 838, Article 846 and Article 937, paragraph (1) (limited to the portion pertaining to item (i), (i)) of the Companies Act apply mutatis mutandis to an action for the dissolution of a labor and social security attorney corporation.

⑥For the purpose of the application of Article 16 of the Bankruptcy Act (Act No. 75 of 2004), a labor and social security attorney corporation is deemed to be a general partnership company.

①Labor and social security attorneys must, with the authorization of the Minister of Health, Labour and Welfare, establish one labor and social security attorney's association for each prefecture by laying down bylaws.

②The purpose of a labor and social security attorney's association is to conduct affairs relating to the guidance of and liaison with its members in order to maintain the dignity of its members, improve their qualities, and improve and advance their business.

③A labor and social security attorney's association is a juridical person.

④The provisions of Articles 4 and 78 of the Act on General Incorporated Associations and General Incorporated Foundations apply mutatis mutandis to labor and social security attorney's associations.

①The bylaws of a labor and social security attorney's association must state the following matters:

②A change to the bylaws of a labor and social security attorney's association requires the authorization of the Minister of Health, Labour and Welfare. However, this does not apply to a change to the bylaws relating to the location of the office or other matters specified by Order of the Ministry of Health, Labour and Welfare.

A labor and social security attorney's association may establish branches if necessary to achieve its purpose.

①A labor and social security attorney becomes, by operation of law, at the time of receiving registration under the provisions of Article 14-2, paragraph (1), a member of the labor and social security attorney's association established in the area of the prefecture listed in the following items, depending on the case listed in the respective items: