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💴 | Let's create an electronic articles of incorporation!An easy-to-understand explanation of the procedure for applying by yourself


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Let's create an electronic articles of incorporation!An easy-to-understand explanation of the procedure for applying by yourself

 
If you write the contents roughly
The specialists who can request the procedures for the electronic articles of incorporation are administrative scriveners or judicial scriveners, but since there are many cases where professionals work together, it may be possible to request a tax advisor as a one-stop service.
 

The articles of incorporation required when creating a company can be changed to "electronic articles of incorporation", eliminating the need for a stamp fee of 4 yen.However, "Den ... → Continue reading

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Administrative scrivener

Administrative scrivenerWhat is (Gyoseisho)?Administrative scrivener lawbased onNational qualificationso,Government office[Annotation 1]Documents to be submitted toRights and obligations-Proof of factDocuments about[Annotation 2]Preparation, submission procedure, documents to be submitted to public offices prepared by an administrative scrivenerAdministrative appealProcedures (limited to those who have an additional note of a specific administrative scrivener (described later)), etc.proxy, A profession that responds to consultations associated with creation,Job billingIt can be performedEight professionalsone of.badge TheCosmos"Line" character[1].

Overview

Administrative scrivener law(Act No. 26 of 4)1997/(Heisei9 years)Purpose(Article 1[Annotation 3]) Was added, and it was clarified that the purpose of the administrative scrivener system, including the subsequent amendments, was to "realize the rights and interests of the people."

Administrative scriveners receive compensation at the request of others and submit documents (including electromagnetic records) to public offices andRights and obligations-Proof of factRegarding documents related to, on behalf of or on behalf of preparation, preparation and submission in accordance with the law (Emissary (legal term)) In addition, the business is to respond to consultations associated with the preparation of the relevant documents.In addition, a person who has a specific administrative scrivener (described later) will be able to act on behalf of the administrative appeal procedure, etc. regarding the documents submitted by the administrative scrivener, and the documents to be submitted to the public office. Can be a business to create[1].

Documents created by administrative scriveners range from simple notification documents to complicated licensing procedures, and are said to reach 3000 types.[1]..Permits, etc.Application form・ In addition to documents to be submitted to government agencies such as attached documents,contract,Articles of IncorporationCreate documents related to rights, obligations, and proof of facts[1]..We also offer consultation when preparing those documents.[1]..Typical examples are registration procedures when purchasing a new car, approval procedures when opening a restaurant or construction business, approval procedures when approval is required to establish a corporation, and articles of incorporation certification procedures / minutes, etc. Preparation (excluding registration procedures, and excluding establishment of corporations for which registration is a requirement for validity), procedures for renewing and changing the status of residence of foreigners, etc.[1].

The occupational area of ​​the administrative scrivener isLand surveyor,Judicial scrivener,Social insurance laborerIt is closely related to the occupational areas handled by such companies.Therefore, there are many administrative scriveners who have acquired these qualifications and work concurrently.[1]..Practical knowledge and understanding of the documents to be handled are essential for carrying out business[1].Construction business law,Real estateandFarmlandFamiliarity with laws and regulations related to[1]..Writing ability to accurately express the gist is also indispensable when creating documents[1].

The majority of workers are middle-aged and older men[1]. Also,Tax accountant,Land surveyor,Social insurance laborer,Judicial scrivener,Residential land building dealerMore than half of the companies have other jobs such as[1].

In recent years, the documents to be submitted to public offices have tended to be simplified, and with the improvement of administrative services, simple documents to be submitted to public offices can be easily created and submitted by the person himself / herself.[1]..Therefore, it is expected that future administrative scriveners will deepen their involvement in document preparation that requires a high degree of specialized knowledge.[1].

Ministry of Health, Labor and WelfareIn the occupation classification table of, administrative scriveners are not classified as "special occupations such as legal affairs, management, cultural arts" (03) and "other professional occupations such as legal affairs, management, cultural arts" (020). Classified as "Professional occupations such as legal affairs, management, cultural arts" (020-99)[2].Ministry of Internal Affairs and CommunicationsAccording to the Japan Standard Industrial Classification of Japan, it is classified as "professional worker who is not classified elsewhere" (249).[3].. Also from the Ministry of Internal Affairs and CommunicationsJapanese standard industry classificationThen, the administrative scrivener office (7231) is classified as "specialized service industry (not classified elsewhere)" (middle category 72) of "academic research, specialized / technical service industry" (major category L).[4].

There are various English names, such as Certified Administrative Procedures Specialist, Administrative Scrivener, and Immigration Lawyer.Ministry of JusticeIn the Japanese law foreign language translation database system, it is translated as Certified Administrative Procedures Legal Specialist.

Qualification / Registration

In order to become an administrative scrivener, it is necessary to obtain the following qualifications and to be registered by the Japan Federation of Certified Administrative Procedures Associations via the administrative scrivener associations of each prefecture.

Qualification to become an administrative scrivener

If any one of the following is true, you are qualified.

Reason for disqualification

A person who falls under any of the following is not qualified to become an administrative scrivener, regardless of the above.[8].

  • Minor
  • bankruptcyIn response to the decision to start the procedureRehabilitationThose who do not get
  • imprisonmentThose who have been sentenced to the above sentence and have completed their execution or have not been executed for more than three years.
  • Civil servant(Administrative executive corporation or specificLocal independent administrative corporationIncluding officers or staff ofDisciplinary dismissalThose who have been punished and have not passed two years from the date of the punishment
  • Persons who have been revoked from registration pursuant to the provisions of Article 6-5, Paragraph 1 and have not passed three years from the date of the disposition.
  • Persons who have been banned from doing business pursuant to the provisions of Article 14 and have not passed three years from the date of the disposition.
  • By disciplinary actionBar associationThose who have been dismissed from the above, have been deregistered as a certified accountant, have been banned from working as a patent attorney, tax accountant, scrivener or land and house surveyor, or have been disqualified as a social insurance labor consultant. Those who have not passed 3 years since the date of receipt

Adult wardorPerson under ConservationTheDisqualificationThe provisions to be stipulated have been deleted by the "Act on the Development of Related Laws for Appropriate Measures for Restricting the Rights of Adult Guardians, etc." promulgated on June 2019, 6. It was decided to individually and practically examine the situation such as failure and determine whether or not the necessary ability was available.

Registration

To become an administrative scrivener, a person who is qualified to become an administrative scrivenerJapan Administrative Scrivener AssociationMust be registered in the administrative scrivener list of[Annotation 5].. As of October 2017, 10, the number of registrants is 1, and there are 46,957 corporations.

badge

Administrative scrivenerbadge TheCosmos OfpetalInTypefaceThe "line" character is designed (the material is gold-plated on a sterling silver pedestal, and the surface of the line character is platinum).

In addition, the administrative scrivener assistant can be an assistant by registering as an assistant.badgeCan be issued (design isCosmos OfpetalThe description of "supplement" in.The material is alloy glossy nickel plating).

directed by

Disciplinary action against administrative scriveners is carried out by the prefectural governor[9].

The prefectural governor may request or recommend a report on the administrative scrivener association.[10].

Business

The work performed by the administrative scrivener is as follows.

Business under the Administrative Procedures Legal

Monopoly business

Exclusive business content

Preparation of documents to be submitted to public offices and other documents related to rights and obligations or fact proofIs an administrative scrivener or, unless otherwise provided by other lawsAdministrative scrivener corporationThose who are not rewarded[Annotation 6]It is said that it cannot be done as a business[12], Criminal punishment can be imposed if violated[13].

Exclusive business exception

As shown below, judicial precedents and administrative notifications indicate that there are widespread cases of "when there are other provisions of other laws" that do not violate the Administrative Procedures Legal Law even if an unqualified person performs them.

  • When a person specified by the Ordinance of the Ministry of Internal Affairs and Communications creates an electromagnetic record of a procedure specified by the Ordinance of the Ministry of Internal Affairs and Communications as a person who has considerable experience or ability in the procedure.[14]
  • When it is accompanied by doing legitimate business[15]
  • Creating documents other than those that are externally meaningful and comparable to the documents submitted to public offices[16]
  • Fill in some of the items to be submitted to the public office for a fee.[17]
  • When a judicial scrivener is attached to the scope of business and prepares public offices and other rights and obligations / factual certificates[18]
  • When a land and house surveyor is attached to the scope of work and prepares public offices and other rights and obligations / proof of facts[19]
  • Bookkeeping agency accounting business
Accounting documents are created as factual certificates, but it is considered to be a free business that anyone can do.[20].
  • Creating a report to receive compensation and report the results, etc. as a business whose main content is survey and analysis
It is said that it is beyond the scope of administrative scrivener's substitute work.[21].

Non-exclusive business

Article 1 of the Administrative Procedures Legal3Also stipulates the work that an administrative scrivener can do as follows.

Businesses that are prohibited by unqualified persons under the clear statement of Article 19, Paragraph 1 of the Administrative Procedures Law are those that are prohibited from being carried out by unqualified persons, as described in Article 1 of the Administrative Procedures Law.2It is the business stipulated in "Creating documents to be submitted to public offices and other documents related to rights and obligations or proof of facts".Therefore, Article 1 of the Administrative Procedures Legal Law3Business monopoly does not extend to the business specified in[Annotation 7].

  • Representing an act against a public office in the procedure for submitting documents to be submitted to the public office[22]
  • Acting on behalf of an act against a public office in procedures such as hearings conducted regarding licensing, etc. relating to documents to be submitted to the public office[23]
  • Representing the procedure for appealing to the administrative agency, such as requesting examination of permits, etc. concerning the documents to be submitted to the public office prepared by the administrative scrivener, and preparing the documents to be submitted to the public office for the procedure.[24][Annotation 8]
  • Creating contracts and other documents as an agent[25][Annotation 9]
  • Respond to consultation regarding the preparation of documents that can be prepared by an administrative scrivener[26]

Business stipulated by other laws

As listed below, there are some other laws that clearly stipulate that it is the work of an administrative scrivener.

Immigration Control and Refuge (Application Agency Business)

Administrative scrivener on behalf of foreigners the following immigration bureau procedures[Annotation 10]It is said that the foreigner who requested the procedure does not need to appear for certain procedures.[27]..In addition, in order to carry out these tasks, it is necessary to undergo a certain amount of training and examination and be certified as an application agency.

Tax accountant law

  • The administrative scribe or the administrative scribe corporation uses the name of the administrative scribe or the administrative scribe corporation, respectively, and at the request of others, golf course use tax, automobile tax, light vehicle tax, business tax, oil and gas tax, real estate acquisition tax. , Prefectural Tobacco Tax (including Metropolitan Tobacco Tax), Municipal Tobacco Tax (including Special Zone Tobacco Tax), Special Land Ownership Tax, and Bathing Tax[Annotation 11][28][29].

Social Insurance Labor and Social Security Attorney Law

  • Those who are administrative scriveners who have joined the administrative scrivener association as of September 55, 9, for the time being, receive compensation at the request of others, work, application forms under social insurance laws, etc. Creation of books and documents[Annotation 12]Can be a business[30].

Act on Marine Procedure Commission Agent

  • It is said that administrative scriveners can also carry out procedures based on the Coastal Shipping Business Law and the Seafarers' Employment Security Law "for the time being" regardless of the restrictions of the Maritime Agent Law.[31]

Business restrictions

Administrative scriveners cannot perform tasks restricted by other laws, even if they are included in the above tasks.[32].. "Other laws" include lawyer law, notary law, judicial scrivener law, maritime agent law, certified public accountant law, tax accountant law, social insurance labor law, and architect law.[33][Annotation 13]..Specific examples are as follows, which are widely regulated by judicial precedents and administrative notifications.

  • Creation of work rules (excluding administrative scriveners in Supplementary Provision 55 of the 2 revision of the Administrative Procedures Law)[34]
  • Preparation of complaints and accusations based on the Labor Standards Act, preparation of declarations under Article 104, Paragraph 1 of the Labor Standards Act, and submission of these (excluding administrative scriveners under Supplementary Provision 55 of the 2 revision of the Administrative Procedures Act)[35]
  • A document containing manifestations of intention such as invoices and reminder letters that exceed the mere creation level[36]
  • Various documents (contracts, heritage division agreements, articles of incorporation, minutes, etc.) scheduled to be submitted to the Legal Affairs Bureau, courts, etc. for registration and court procedures should be prepared and prepared in the process of handling these affairs. Preparation of documents (for example, preparation of application for issuance of residential house certificate, preparation of status certification application, preparation of precincts certification application, etc.)[37][Annotation 14]
  • Representation of procedures for appeals to administrative agencies such as requests for examination to public offices, preparation of documents (except when a specific administrative scrivener makes a license for preparing documents by an administrative scrivener)[38]
  • Document preparation, consultation, and advice in situations where legal disputes are expected to occur in the future.[Needs verification]
  • In addition to compulsory automobile liability insurance claim agency and victim claim agency business for residual disability, preparation of documents created in the process of handling legal affairs related to general legal cases[Needs verification]
  • In the administrative scrivener, while knowing that the client will use the petition and other documents that are prohibited by other laws as attachments, prepare at the request of the client (for duties such as a copy of the family register to create) Acts such as billing[39][Annotation 15][Annotation 16]
  • Preparation of documents submitted by the Legal Affairs Bureau, such as applications for will storage under the self-written certificate will storage system[Annotation 17][Needs verification]
  • It is not possible for an administrative scrivener to request only a copy of a third party's family register or removal from the family register, an extract, or a certificate of stated matters from another person, and to request a copy of the family register, etc. in the name of the administrative scrivener based on the request. Not included in the duties of administrative scriveners stipulated by law[41]

Business obligations

confidentiality

An administrative scrivener must not divulge any secrets that he or she has learned about the matters handled in the business without a justifiable reason, and even after he is no longer an administrative scrivener.[42]..Anyone who violates this will be punished by imprisonment with work for not more than 1 year or a fine of not more than 100 million yen.[43].

Obligation to register

The administrative scrivener must sign the written document and affix its job seal.[44].

Obligation to continue business

If the administrative scrivener does not continue to work as an administrative scrivener for more than 2 years,Japan Administrative Scrivener AssociationCan unregister[45].

Obligation to respond to requests (obligation to accept)

An administrative scrivener cannot refuse a request unless there is a justifiable reason.[46].

Specified administrative scrivener

Legal training for specific administrative scriveners conducted by the Japan Federation of Certified Administrative Procedures[Annotation 18]An administrative scrivener who has completed (passed all lectures and examinations) has filed an appeal to the administrative agency, such as a request for examination, a request for re-investigation, a request for re-examination, etc. regarding the approval of documents to be submitted to the public office prepared by the administrative scrivener. A specific administrative scrivener will be added so that you can represent all the procedures and prepare documents to be submitted to the public office for the procedures.[47]..In addition, the name and notation of "specified administrative scrivener" has a basis provision in the Administrative Procedures Law.[Annotation 19].

The results of the examination conducted after attending the legal training for specified administrative scriveners are as follows.9.1% of all administrative scriveners are marked with a specific administrative scrivener (as of November 2nd year of Reiwa), and 11 of certified judicial scriveners are stipulated to have a system that allows them to perform specific tasks in similar qualification examinations. The current situation is low compared to%, 75% of specified social insurance labor consultants, 63% of certified land and house surveyors, and 30% of attorneys with specific infringement litigation agency services.

Specified administrative scrivener examination pass rate[1]
年度Trainees (people)Candidates (people)Successful applicants (people)Pass rate
273,6383,5172,42869.04%
281,4531,17376665.3%
2961061739964.7%
3051946731968.3%
Year of the reunification50343731271.4%
Reiwa 2nd year43838626368.1%
Reiwa 3nd year68157539067.8%

組織

Administrative scrivener corporation

An administrative scrivener can establish a corporation for the purpose of conducting business systematically.[48].

Administrative scrivener association (unit meeting)

Administrative scriveners must establish one administrative scrivener association by establishing rules for each prefecture area.The administrative scrivener association aims to maintain the dignity of members and to carry out affairs related to the guidance and communication of members in order to improve and progress their operations.[49].

Japan Administrative Scrivener Association

Administrative scrivener associations nationwide have established bylaws,Japan Administrative Scrivener AssociationMust be established[50].

History

1951/Until the Administrative Procedures Legal is enacted in (Showa 26), anyone can obtain permission from the police office that has jurisdiction over the location of the office.Substitute book businessI was able to run.However, some of them were random scribes, so in order to crack down on such scribes from the latter half of the 30's of the Meiji era, the Metropolitan Police Department decree and each prefectural decree issued the scribe control rules at each local level. Was done.After that, in 1920 (Taisho 9), there was a scribe control rule that unified the control rules in each area.Ministry of InteriorIt was issued as a ministerial ordinance.The substitute writer defined by this national unified rule will trace the genealogy leading up to the current administrative scrivener.Regarding the establishment of the administrative scrivener system, the scrivener (in-house scrivener) who was in charge of preparing court documents was the scrivener law in 1919 (Taisho 8), the year before the enactment of the scrivener control rules. Was enacted, and since it traces the lineage leading to the scrivener, the administrative scrivener and the scrivener are not separated from the scrivener in the judicial duty system, but the two scriveners, the scrivener and the administrative scrivener, are established separately. The theory that it is more persuasive to think that it has evolved[51]The theory that the two scriveners were separated by the enactment of the Judicial Scrivener Law from the scriveners in the judicial duties system.[52][53][54]There is.

"Scrivener Taram Tosuru person C Registered domicile, address, name, age and history'

— Taisho Kyunen, Ministry of Interior Ordinance, No. XNUMX, Regulations for Controlling Scriveners, No. XNUMX

After that, during the Constitution of the Empire of Japan, attempts were made to enact the Administrative Procedures Legal 2-3 times, but the deliberation was not completed and the proposal was abolished.[55].

1938/(Showa 13), as a bill submitted by members of the House of Representatives, an administrative scrivener bill was submitted to the 73rd Imperial Diet for the purpose of improving the status of substitute writers, but it was not passed.[56]. afterwards,1939/(Showa 14) The 74th Imperial Diet[57],1940/(Showa 15) The 75th Imperial Diet[58]It was submitted to, but was not established.1941/At the 16th Imperial Diet (Showa 76), a petition for "renaming a substitute scrivener to an administrative scrivener"[59]However, the petition was not passed because it was decided to be deliberated under the jurisdiction of the Ministry of Interior.

After the warThe Ordinance of the Ministry of Interior, the Regulations for Controlling Scriveners, expires.1947/(Showa 22), at the 92nd Imperial Diet, "Judicial scriveners have improved their status compared to administrative scriveners due to the enactment of the Judicial Scrivener Law. It is regrettable that there is no enactment of the Administrative Procedures Law for administrative agents. Yes, it is necessary to enact the Administrative Scrivener Law. "[60]Under the petition regarding the enactment of the Administrative Procedures Legal[61]Was made, and the petition passed, and progress was made toward the enactment of the Administrative Procedures Legal.

Then, the administrative scrivener bill was submitted to the Diet as a member-submitted bill for the purpose of protecting the general interests by cracking down on the random scribes and improving the status of the scribes.After being passed by the House of Representatives in the 8th Diet and the House of Councilors has not completed the deliberation,1951/The Administrative Procedures Legal Law was enacted at the 26th Diet session in 9, and administrative scriveners were born.

At the time of 1951 (Showa 26), the judicial scrivener system did not introduce an examination system, so the pros and cons of introducing an examination system were discussed in comparison.The judicial scrivener has a system to work within the framework with the approval of the Legal Affairs Bureau, while the administrative scrivener is a job that any ordinary person can do.However, since the scope of work is wide and there are cases where care is taken from the point of view of handling, it was explained that an administrative scrivener is premised on a person with a certain academic ability, and it is necessary to have an examination system to select an appropriate person by examination from among them. , The examination system was adopted.

In addition, the House of Councilors added this after receiving the opinion that anyone with a certain background as a civil servant of the national or local public body should be qualified as an administrative scrivener without an examination.As a result, lawyers, patent attorneys, and certified accountants who have higher qualifications than administrative scriveners, depending on the status of the examination for the appointment of civil servants of the national or local public bodies, naturally have the qualifications. Added to those who are qualified to[62][63].

After the war, the compulsory membership system for public professional associations was abolished, except for bar associations, notary associations, and patent attorneys associations.[64]..Even in the administrative scrivener system, the law of 1951 (Showa 26) did not have a compulsory membership system and it was a voluntary membership, so there were few members and activities were sluggish.for that reason1960/The law was amended to the 35th Diet in 34, and a compulsory enrollment system was introduced to improve the dignity of administrative scriveners and improve their knowledge and skills, thereby contributing to the public welfare.[65].

In the 50s, a quarter of the work was related to garage certification, but between the Federation of Certified Administrative Procedures and the Japan Federation of Certified Administrative Procedures, the Japan Automobile Sales Association, etc., a car storage location certificate (so-called garage certification) I was in trouble about the application work.In the end, as a general rule, the user fills in the garage certificate, and if the user can not fill it in directly, we agreed to have an administrative scrivener act for it.[66]..After that, the Japan Automobile Dealers Association became able to apply for new registration, garage certification, etc. with a one-stop service for car ownership procedures.[67].

test

  • There are no restrictions on eligibility to take the exam.
  • It is held in 11 prefectures nationwide on the second Sunday of November every year.
  • Performed by the prefectural governor as determined by the Minister of Internal Affairs and Communications.The prefectural governor can be delegated to a designated testing institution designated by the Minister of Internal Affairs and Communications, and is currentlyGeneral FoundationIs conducting the test.Specifically, the Minister of Internal Affairs and Communications sets the outline of the exam, such as the exam date, exam subject, exam method, pass announcement date, pass certificate, and public notice of the exam, and the prefectural governor is responsible for determining the pass (setting of pass criteria). The designated examination institution prepares examination questions, grades answers, secures examination venues, and supervises examinations.

Exam subject

Business laws and regulations

General knowledge about business, etc.

Until 11, "short essays" were also implemented.In addition, until 17, it was an examination subject as "laws and regulations related to business".Administrative scrivener law,Family register law,Basic Resident Registration Act,labor law,Tax lawEtc. can also be asked as general knowledge.Exam questions are given in accordance with the law that comes into effect as of April 4st of each year.

  • The question format is a combination of a choice type that selects one from five options, a multiple-choice type, and a descriptive type of about 5 characters (only for subjects such as laws and regulations).
  • The passing criteria is to score 60% or more overall, 50% in legal subjects, 40% in general knowledge, etc. (that is, 300 points out of a total of 180 points). While scoring the above points, it is necessary to have a score of 244 points or more in subjects such as laws and regulations and 122 points or more in general knowledge (out of 56 points).In other words, the examination system is similar to the certification examination in which all those who clear a certain score pass, and this is the reason why the pass rate and passers vary in each year.However, depending on the difficulty of the problem, corrective measures may be taken.In the 24 examination, the Administrative Scrivener Examination and Research Center "evaluates the difficulty of the examination questions" and takes corrective measures for the first time after the start of the new examination system (26), and the passing standard score is 18 points (out of 300 points). (Legal subjects <out of 166 points> 244 points or more, and general knowledge, etc. <out of 110 points> 56 points or more).

Pass rate

The test system is similar to the test system in which all students who clear a certain score pass the test, and the pass rate varies from year to year.

Administrative scrivener examination pass rate[2][3]
年度Applicant (person)Candidates (people)Successful applicants (people)Pass rate
XNUMX year-21,1672,67212.62%
2-22,4062,48011.07%
3-26,2283,09211.79%
4-30,4462,8619.40%
5-35,5813,4349.65%
6-39,7811,8064.54%
7-39,4383,6819.33%
843,26736,6552,2406.11%
939,74633,9572,9028.55%
1039,29133,4081,9565.85%
1140,20834,7421,4894.29%
1251,91944,4463,5588.01%
1371,36661,0656,69110.96%
1478,82667,04012,89419.23%
1596,04281,2422,3452.89%
1693,92378,6834,1965.33%
1789,27674,7621,9612.62%
1888,16370,7133,3854.79%
1981,71065,1575,6318.64%
2079,59063,9074,1336.47%
2183,81967,3486,0959.05%
2288,65170,5764,6626.60%
2383,54366,2975,3378.05%
2475,81759,9485,5089.19%
2570,89655,4365,59710.10%
2662,17248,8694,0438.27%
2756,96544,3665,81413.10%
2853,45641,0534,0849.95%
2952,21440,4496,36015.72%
3050,92639,1054,96812.70%
Year of the reunification52,38639,8214,57111.50%
Reiwa 2nd year54,84741,6814,47010.70%
Reiwa 3nd year61,86947,8705,35311.18%

footnote

[How to use footnotes]

注 釈

  1. ^ Ministry,Prefectures,市町村,Police station,Fire department,Forestry office,Health centerOtherAdministrative agencySuch.Public offices restricted by other laws are excluded.
  2. ^ Contracts, minutes, accounting books, drawings, etc.
  3. ^ Article 1 of the Administrative Scrivener Law "This law establishes a system for administrative scriveners and promotes the appropriateness of their operations, thereby contributing to the smooth implementation of administrative procedures and contributing to the convenience of the people, and thus the rights of the people. The purpose is to contribute to the realization of profits. "
  4. ^ The "period in charge of administrative affairs" is as follows, according to the "Administrative Scrivener Precedent List [Registration] Interpretation of Administrative Skills". ◎ Interpretation of administrative affairs (Notice of administrative section manager addressed to each prefectural general affairs department manager, No. XNUMX issued by the local government on September XNUMX, XNUMX) XNUMX "Administrative affairs" is affairs that simply belong to the authority of the administrative agency. Not only that, it can be broadly interpreted as including those related to office work that belongs to the authority of the legislative or judicial organs.Therefore, in this case, it should be understood that the affairs performed by the Diet staff, court office staff, etc. are included.In addition, it is understood that office work related to mere labor, pure technology, mere office work assistance, etc. is not included.(Ii) It is appropriate to determine whether or not the person is in charge of "administrative affairs" based on the following criteria. (XNUMX) Being an office work related to document planning, examination, etc. (Creating a document does not necessarily mean that it is prepared by oneself, but also includes a wide range of business execution plans, etc.) (XNUMX) The person is responsible for handling the business to some extent.(XNUMX) Based on the above, a concrete example of whether or not the person is in charge of "administrative affairs" is as follows. (XNUMX) Employees hired for simple labor prescribed in Paragraph XNUMX of the Supplementary Provisions of the Local Public Service Law do not fall under this category. (XNUMX) It should be understood that this does not apply to civil welfare officers. (XNUMX) It is understood that a firefighter who performs the second office work under the provisions of Article XNUMX of the Fire Fighting Organization Act is applicable, but a fire brigade member under the provisions of Article XNUMX-XNUMX of the same Act is not applicable. (XNUMX) It is understood that a police officer who performs the second office work pursuant to the provisions of Article XNUMX of the Police Act is applicable. (XNUMX) Not applicable to the staff of the parliament of local public bodies. (XNUMX) Election management committee members, audit committee members, boards of education, agricultural land committee members, and other members of committees based on laws and ordinances (so-called administrative committees) are considered to be applicable. (XNUMX) Doctors at hospitals run by local governments that are not involved in hygiene administration do not fall under this category. (XNUMX) Educational civil servants are generally understood to be not applicable, but those who are in a position to be involved in so-called educational administration, that is, the president, principal, vice-principal, department director, superintendent of education, etc. are understood to be applicable. ..The clerical staff of the board of education should be judged by one or two. (XNUMX) It is understood that the secretary of the assembly of the local public body is applicable. (XNUMX) Persons who were military personnel are not applicable to general soldiers, but those who are related to so-called military administration, such as those who worked at the Ministry of the Army, Regimental District Command, Regimental Headquarters, Company Office, etc. It can be understood that the person who was doing the second office work is applicable.
  5. ^ At the time of registration, a registration fee and membership fee of around 30 yen are required, and after that, a membership fee of around 6 yen is required every year.These amounts vary slightly depending on the prefecture.
  6. ^ It does not violate Article 19 of the Administrative Procedures Legal Law unless compensation is collected.However, whether or not there is remuneration is judged by whether or not the business as a whole had the purpose of obtaining remuneration, and it does not matter whether or not it was actually received.Regarding remuneration, when compensation is received as a series of work, not only the intention of the remuneration recipient, but also the contents of the contract with the client, the importance of document preparation in the series of work, etc. are comprehensively considered. It is judged individually in consideration of the above, and it does not matter whether it is nominal or large.[11].
  7. ^ In this regard, it is understood that the preparation of documents as an agent also corresponds to the preparation of documents stipulated in Article 1-2 of the Administrative Scrivener Law, and therefore is subject to the business restrictions of Article 1-2. It is argued that a person who is prohibited from creating documents as a business cannot be exempted from the restrictions by creating them as an agent (Local Government System Study Group "Detailed Administrative Procedures Legal (No. 4)". 52th revised edition) ”p55, p56-p7, Masashi Kaneko“ Administrative Scrivener Law Commentary (new 49th edition) ”p2010, Masashi Kaneko“ Monthly Japanese Administration ”June 6 issue p13, etc.).However, Article 21, Item 2 of the Certified Administrative Procedures Legal Law stipulates that "a person who violates the provisions of Article 1, paragraph 2" shall be punished by imprisonment with work for not more than 1 year or a fine of not more than 3 million yen. There is a clear punishment provision for the work prescribed in Article 19-1, and Article 1-3 is excluded.Therefore, there is a problem in prohibiting the business of Article 1-3 under Article 1, Paragraph 2 of the Administrative Procedures Legal Law from the prohibition of analogical interpretation, which is a derivative principle of the criminal statutory principle.In addition, Article 1-3 of the Certified Administrative Procedures Legal Law clearly states that "administrative scriveners are in addition to the duties stipulated in the preceding article", and that Article 1-2 duties and Article 1-3 duties are separate duties. It is stipulated.And, there are no judicial precedents or administrative notifications on the grounds that it can be interpreted that the preparation of documents as an agent also corresponds to the preparation of documents stipulated in Article 1-2 of the Administrative Procedures Legal.Therefore, it cannot be said that this interpretation is generalized.As a commentary on the administrative scrivener law Article 22-271 preparation work and Article XNUMX-XNUMX preparation work clearly separated, for example, there is a commentary on the Supreme Court case law, XNUMX Criminal Edition, pXNUMX Investigator's commentary.
  8. ^ However, the second task can only be performed by an administrative scrivener (“specified administrative scrivener”) who has completed the training course conducted by the Japan Federation of Certified Administrative Procedures Associations as stipulated in the bylaws. Article 2-1, Paragraph 3 of the Administrative Procedures Law).In addition, although there are no penal provisions under the Administrative Scrivener Law, the handling of complaints against administrative agencies belongs to the scope of the explicit prohibition of the main text of Article 2 of the Attorney Act, and only specific administrative scriveners are allowed to do business by the proviso of the same article. It is a violation of the Attorney Act if an unqualified person (including an administrative scrivener who does not have a specific administrative scrivener) does it.
  9. ^ Detailed explanation The Administrative Scrivener Law does not position direct contract agency as an administrative scrivener business, but it is said to include the meaning that an administrative scrivener can act as a contract agency.
  10. ^ Immigration Control and Refugee Recognition Act (Cabinet Order No. 26 of 319) Article 7-2, Paragraph 1, Article 19, Paragraph 2, Article 19-2, Paragraph 1, Article 19-11, Paragraph 1 and Paragraph 2, Article 19-12, Paragraph 1, Article 19-13, Paragraphs 1 and 3, Article 20, Paragraph 2, Article 21, Paragraph 2, Article 22, Paragraph 1, Article 22 2 Paragraph 2 (including cases where it is applied mutatis mutandis in Article 22-3) and application pursuant to the provisions of Article 26 Paragraph 1, notification pursuant to the provisions of Article 19-10 Paragraph 1 of the same Act, and Article 19 of the same Act. 10 Paragraph 2 (including cases where it is applied mutatis mutandis in Article 19-11 Paragraph 3, Article 19-12 Paragraph 2 and Article 19-13 Paragraph 4), Article 20 Paragraph 4 Item 1 (Including cases where it is applied mutatis mutandis in Article 21 Paragraph 4 and Article 22-2 Paragraph 3), Article 22 Paragraph 3 (including cases where it is applied mutatis mutandis in Article 22-2 Paragraph 4), Paragraph Business related to the receipt of residence cards issued pursuant to the provisions of Article 50, Paragraph 3 and Article 61-2-2, Paragraph 3, Item 3, and persons who have withdrawn from Japanese nationality based on the Peace Treaty with Japan, etc. Application under the provisions of Article 71, Paragraphs 12 and 1, Article 2, Paragraph 13 and Article 1, Paragraphs 14 and 1 of the Special Law Concerning Immigration Control (Law No. 3 of 11), Article 1 Paragraph 11 and Paragraph 2 of the same law According to the notification pursuant to the provisions of Article 12 Paragraph 3 and the provisions of Article 13 Paragraph 2 of the same Act (including cases where it is applied mutatis mutandis in Article 14 Paragraph 4, Article 21 Paragraph 79 and Article 16 Paragraph 1). Part of the special law on immigration control for persons who have left Japanese nationality based on the Immigration Control and Refugee Recognition Act and the Peace Treaty with Japan, etc. Law (28 Law No. 3) Supplementary Provisions Article 29 Paragraph 1, Article 16 Paragraph 3 and Article 27 Paragraph 5 Application and Supplementary Provisions Article 28 Paragraph 4 and Article 29 of the same Law This refers to the business related to the receipt of a residence card or special permanent resident certificate issued pursuant to the provisions of Paragraph 3, Article XNUMX, Paragraph XNUMX and Article XNUMX, Paragraph XNUMX.
  11. ^ Other taxes are oil and gas tax, real estate acquisition tax, prefectural tobacco tax (including metropolitan tobacco tax), municipal tobacco tax (including special zone tobacco tax), special land tenure tax and bath tax.
  12. ^ Social Insurance Labor and Social Security Attorney Act (Act No. XNUMX of XNUMX) To prepare documents related to the office work listed in Article XNUMX, Paragraph XNUMX, Items XNUMX and XNUMX, that is, the exclusive business of Social Insurance Labor and Social Security Attorney. However, submission agency (representing submission to an administrative agency) and administrative agency (correcting the contents of a document at your own discretion) are not permitted, and the messenger (in the case of an administrative contract, also a proxy) Yes) can only be submitted.
  13. ^ In addition, it also includes customs clearance services based on the Customs Clearance Law, real estate appraisal services based on the Act on Real Estate Appraisal, surveyors and assistant surveyors based on the Survey Law, and residential land and building traders services based on the Building Lots and Buildings Transaction Business Law. Is done.
  14. ^ There is a judicial precedent that the business stipulated in Article 3 of the Judicial Scrivenist Law is the legal affairs of the Attorney Law (Tokyo High Court decision on November 7, 11).
  15. ^ Because the petition and other documents attached to the petition and other documents that are prohibited by other laws are also integrated with the petition and other documents.
  16. ^ In the same judgment, regarding the documents to be submitted to the court, in light of Article 1-2, Paragraph 2 of the Administrative Scrivener Law, Article 73, Paragraph 1 of the Judicial Scrivener Law, Article 3, Paragraph 1, Item 4 of the Law, and Article 72 of the Attorney Law It is judged that it is not.
  17. ^ Of these, regarding the creation of a request for issuance of a will information certificate or a request for issuance of a will storage fact certificate, these certificates will be used by a third party in carrying out the duties of the administrative scrivener as stipulated by law. It is only allowed if there is an actual need to submit to[40].
  18. ^ For the purpose of acquiring knowledge and practical ability of administrative appeal procedures necessary for carrying out the business prescribed in Article 1-3, Paragraph 1, Item 2 of the Administrative Scrivener Law, Article 1-3, Paragraph 2 of the Administrative Scrivener Law Training to be conducted based on the provisions of Article 62-3 of the Regulations of the Federation of Japanese Administrative Procedures Legal Associations.
  19. ^ This is in contrast to other professionals, such as certified scriveners and ADR-certified land and house inspectors, who are generalized but do not have legal names and notations.

Source

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  4. ^ "Japan Standard Industrial Classification (revised in October 25) (enforced on April 10, 26) -Classification item name". Ministry of Internal Affairs and Communications (June 2013). 2015/5/18Browse.
  5. ^ Administrative Scrivener Law Article 2 No. 1
  6. ^ Administrative Scrivener Law Article 2 2-5
  7. ^ Administrative Scrivener Law Article 2 No. 6
  8. ^ Administrative Scrivener Law Article 2-2
  9. ^ Article 14 of the Administrative Procedures Legal
  10. ^ 18-6
  11. ^ 昭和40年1月8日自治行第2号行政課長回答、昭和58年5月7日自治行第53号行政課長回答、昭和62年6月19日自治行第83号行政課長回答
  12. ^ Article 1-2, Article 19 of the Administrative Procedures Legal
  13. ^ Administrative Scrivener Law Article 21 No. 2
  14. ^ Article 19 of the Administrative Procedures Legal
  15. ^ 昭和39年7月7日自治省事務次官通知、昭和62年6月19日行政課長回答、平成16年6月18日内閣衆質159第158号内閣総理大臣答弁、詳解行政書士法p218、行政書士関係法令先例総覧文書番号34および209
  16. ^ December 22, 12 Supreme Court First Small Court Decision
  17. ^ November 41, 11 Addressed to the Chief of the Driver's License Division of the National Police Agency.
  18. ^ 昭和39年9月15日民事甲第3131号民事局長回答、民事月報19巻10号(1964年)P81、p82、昭和35年11月10日自治省行発第44号行政課長回答、行政書士関係法令先例総覧文書番号2および46
  19. ^ April 51, 4 Ministry of Justice Minji No. 7 Answer from the Director of the Civil Affairs Bureau of the Ministry of Justice, a must-have for land and house surveyor members p2492
  20. ^ The 46th House of Representatives Finance Committee Minutes No. 54, Japan Federation of Certified Public Tax Accountants Association "New Tax Accountant Law Outline", Ministry of Home Affairs Administration Division Takao Yajima "Local Autonomy" September 59
  21. ^ 23 Supreme Court Case Law Commentary Criminal Edition p271
  22. ^ Administrative Scrivener Law Article 1-3 No. 1
  23. ^ Administrative Scrivener Law Article 1-3 No. 1
  24. ^ Administrative Scrivener Law Article 1-3 No. 2
  25. ^ Administrative Scrivener Law Article 1-3 No. 3
  26. ^ Administrative Scrivener Law Article 1-3 No. 4
  27. ^ Immigration Control and Refugee Recognition Act Enforcement Regulations Article 6-2, Paragraph 4, Article 19, Paragraph 3, Article 59-6, Paragraph 2
  28. ^ Tax accountant lawArticle 51-2 Preparation of tax documents performed by administrative scriveners, etc.
  29. ^ Article 14-2 of the Enforcement Ordinance A tax that allows an administrative scrivener to prepare tax documents
  30. ^ Administrative Scrivener Law Amendment 55 Supplementary Provision 2
  31. ^ June 16, 6 Law No. 2 Supplementary Provisions of the Act on Marine Procedure Agent Article 71 (Transitional Measures Accompanying Partial Amendment of the Act on Marine Procedure Agent)
  32. ^ Article 1-2, Paragraph 2 of the Administrative Procedures Legal
  33. ^ March 26, 3 Notification of Deputy Director of Local Government Agency No. 1 from Local Government B to each prefectural governor
  34. ^ Social Insurance Labor and Social Security Attorney Law, March 7, 3 Answer from the Chief of Labor Insurance Collection Division, Ministry of Labor, December 30, 23 Answer from the Chief of Labor Standards Bureau, Ministry of Health, Labor and Welfare
  35. ^ Social Insurance Labor and Social Security Attorney Law
  36. ^ Article 72 of the Attorney Act, Supreme Court decision on February 26, 2
  37. ^ Article 72 of the Attorney Law, Article 73 of the Judicial Scrivenist Law.In addition, the Supreme Court's Third Small Court Judgment on February 12, 2 (Appeal Trial May 8, 9, Sendai High Court Judgment Judgment Hourly Report No. 5, p. 23), October 1706, 173, Fukuoka High Court Miyazaki Branch Judgment, January 19, 10 Supreme Court Second Small Court Decision (Appeal Trial January 2, 20 Fukuoka High Court Miyazaki Branch Judgment Monthly Registration Information No. 1, p. 16), June 20, 1 Osaka High School Court Judgment, February 30, 567 Sapporo District Court Judgment (Administrative Scientist Law Preceding List Document No. 111), March 26, 6 Sagaji Judgment (Judgment Times No. 12, p. 21. March 2, Saga Simple Court Judgment), Supreme Court Case Law Commentary Criminal Edition 9 p381 (Same as Hosso Jiho Vol. 19, No. 3, p9), September 1270, 48 Civil A No. 18 Civil Bureau Director's Notification (Registration Study No. 3, p. 6), September 12, 15, Civil A No. 55, Civil Bureau Director's reply (Civil Monthly Report, Vol. 2, No. 252), November 33, 9, Ministry of Autonomy, No. 25, Administrative Section Manager's reply , September 2020, 132, Autonomous Court No. 38, Administrative Section Manager's reply (Administrative scribe-related law precedent list document number 39), June 9, 15, Council's Legal Committee No. 3131 Civil Bureau Director's reply (19th meeting) Minutes of the Legal Committee of the House of Representatives No. 10 p35, detailed explanation of the Judicial Scrivener Law p11), the Ministry of Justice's response to the request to the Regulatory Reform Council on December 10, 44, and the request to the Regulatory Reform Council on January 37, 9 Ministry of Justice Re-answer (Proposal / Control No. 29), Registered Research No. 67, page 005 Q & A, Commentary Judicial Scrivener Law p53, Freedom and Justice November 6 "Regarding the rights and obligations of administrative scriveners or the preparation of documents related to fact proof "Problems" p15-p16 (Hide Kikuchi), detailed explanation of the Administrative Scrivener Law p84, the same book p16 (Local Autonomy System Study Group), December 18, 113 "Promotion of legal business of administrative scriveners (request)" (Nikko) See also Barrage No. 20).
  38. ^ Attorney Law Article 72, Administrative Scrivener Law Article 1-3
  39. ^ 平成19年3月9日佐賀地裁判決(判例タイムズ1270号48頁。なお一審の平成18年3月6日佐賀簡易裁判所判決において平成12年2月8日最高裁判所第三小法廷判決を援用し同旨の判断を出している。)
  40. ^ Reiwa August 2, 8nd Minji 5 Civil Affairs Bureau Director's reply
  41. ^ April 61, 4, Ministry of Home Affairs No. 7, administrative section chief's reply, April 52, 61, Minji No. 4, Civil Bureau, second section chief's reply
  42. ^ Article 12 of the Administrative Procedures Legal
  43. ^ Article 22 of the Administrative Procedures Legal
  44. ^ Administrative Scrivener Law Enforcement Regulations Article 9, Paragraph 2
  45. ^ Administrative Scrivener Law, Article 7, Paragraph 2, Item 1
  46. ^ Article 11 of the Administrative Procedures Legal
  47. ^ Administrative Scrivener Law, Article 1-3, Paragraph 2, Article 7-3
  48. ^ Administrative Scrivener Law Article 13-3
  49. ^ Article 15 of the Administrative Procedures Legal
  50. ^ Article 18 of the Administrative Procedures Legal
  51. ^ Monthly report Judicial Scrivener No. 533, p. 76, Social role and future of judicial scrivener, page 5, Assistant Manager, Civil Affairs Bureau, Ministry of Justice "About the revised Judicial Scrivener Law" (Registration Study No. 368, p. 1) Akihiko Kobayashi: Cabinet Secretariat, Deputy Director of the Judicial System Reform Promotion Office, etc.
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  67. ^ Administrative Scrivener Law Article 19 Paragraph 1 Administrative Scrivener Law Enforcement Regulations Article 20

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