A Handbook of Modern JapanClement, Ernest W. (Ernest Wilson)
History
A Handbook of Modern Japan
Clement, Ernest W. (Ernest Wilson)
Japan
“No foreign association of persons or trust property is accorded
the same rights and privileges as are enjoyed by similar Japanese
corporations; such a foreign corporation has no standing whatsoever
in the Japanese courts, and the only way in which it could obtain
protection would be to appear in the individual names of its members,
just as used once to be the case in partnership actions. Purely
technical evidence must be procured and filed before any legal
proceeding can be initiated, and the best interests of the corporation
might easily be jeopardized. Some foreign religious societies have
sought to get themselves incorporated as Japanese corporations, but
failed. Japan has no State religion, and she is absolutely impartial
in religious matters. Any religious body so applying must be and show
itself to be a purely Japanese institution, free from all control of
any sort from its corresponding religious bodies in foreign countries.
Any legal connection whatever between the home body and Japanese
organization is a bar to such purpose.[118]
[Illustration: STATESMEN OF NEW JAPAN
ŌKUBO, SAIGŌ, KIDO, AND PRINCE IWAKURA]
“A Japanese corporation has almost as large privileges as a Japanese
subject. It can own land and exercise other rights not accorded to
individual foreigners. A corporation so organized may contain in its
ranks foreign members, but it must be of such a nature as not to be
under any danger of control of any kind from outside. Even after
incorporation, the charter will be forfeited should the policy of the
Japanese Government be at any time prejudiced by the conduct of a
corporation so sanctioned.
“If foreigners wish to do business in combination with the Japanese,
the best way would be to form a _Gōshi Kaisha_ or limited partnership,
they themselves carrying unlimited liability. To control a _Kabushiki
Kaisha_, or limited company, they should own more than half the
amount of capital, either by holding themselves or through their
own nominees, and shares should be tied up so as not to allow their
transfer without the consent of the board of directors. The advantage
of any business being organized as a Japanese corporation consists,
as the law now stands, in owning land and having the full rights of
Japanese subjects.”
It should be added here that many prominent Japanese continue to
urge that foreigners be allowed to own land, possibly under certain
restrictions; and that such a privilege is quite likely to be granted
before very long.
BIBLIOGRAPHY.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account