Is it difficult for a foreigner to establish a company and obtain a business management visa?
I will introduce whether it is possible to establish a company in Japan and obtain a business management visa by yourself while living abroad without a partner in Japan.
This is a question we have received many times recently.
“I don’t have a partner in Japan, so I’d like to set up a company in Japan by myself and then apply for a business management visa at the Immigration Bureau. Can I do this?”
To answer your question at the outset, it would be practically impossible for a foreigner currently living abroad to establish a company in Japan on your own.
There are two reasons.
- When setting up a company, there is no bank account to put the capital because you do not have a bank account in Japan.
2. It is difficult to rent real estate if you are a foreigner who still resides abroad.
To open a bank account, you must have at least a mid- to long-term residency status of at least 3 months in Japan, although it depends on banks.
Some banks have a requirement that you must have been in Japan for at least 6 months to be able to open a bank account.
Therefore, it must be said that it is difficult to receive permission to establish a company and obtain a business management visa while abroad and without any collaborators in Japan.
Then, a 4-month Business Management visa was newly established in 2015.
It is like getting that visa first to get the right to stay in Japan for 4 months, and then during those 4 months, you can register your residence, register your seal, open a Japanese bank account, and apply for the business management visa.
Even if you have not yet established your company, you can obtain a 4-month business management visa by submitting a business plan and draft articles of incorporation.
However, the reality is that this visa is not often utilized because if you are going to go through such procedures while living in Japan, living expenses in Japan for four months, the cost will be extra, so we think it is easier to have a Japanese or permanent resident partner to help you.
In any case, as to the question of whether a foreigner can establish a company in Japan by yourself and then apply for a business management visa, it is possible for a foreigner to do so by yourself if you obtain this 4-month business management visa and makes preparations while living in Japan.
This visa is recommended for those who want to do everything on their own without a collaborator. However, as we mentioned earlier, this visa is actually not utilized very often.
In case you are wondering, we will show the flow to obtain a business management visa in Japan.
This is the most common ver. of Company Limited, the “Kabushiki Kaisha” pattern.
What you will do at the notary office is to have the Articles of Incorporation certified.
First, the Articles of Incorporation must be prepared and certified.
Articles of Incorporation are the fundamental rules for the organization and operation of a company (corporation), and are also known as the “constitution of the company.
The Articles of Incorporation state what kind of business the company will conduct, how much capital it will have, how many shares it will issue, when its fiscal year will begin and end, how it will hold shareholders’ meetings, etc.
The contents of the document will be examined to ensure that it is in accordance with the Corporate Law, and if there is no problem, the notary public will certify the document.
After that, you will register the company.
The jurisdiction of the legal affairs bureau is where the company’s head office is located.
The capital required for registration must be deposited into the bank account of the Japanese partner from abroad, and various other preparations must be made.
Also, foreigners should be aware that in order to obtain a business manager visa later on, each person must have a capital of 5 million yen or more, and virtual offices are not allowed, so you should use a physical office. Moreover, the physical office cannot be a house that the person intends to live in as their home, so it must be an office that can be registered as an office.
Procedures such as opening a bank account and signing a rental contract are difficult to complete without a partner in Japan, such as a Japanese or a permanent resident.
Of course, it is possible to obtain the “4-month business manager visa” introduced earlier and proceed with the procedures while living in Japan.
If you have Japanese partner, as identity verification documents, you should send the documents such as a notarized seal and signature certificate from overseas, and your partner or Japanese Agent will apply for registration at the Legal Affairs Bureau.
Registration will take about two weeks, so once that is completed, you will need to submit a business opening notification to the tax office, etc. Once these procedures are completed, you will finally be able to apply for a business manager visa to the Immigration Bureau.
Of course, make sure to create a business plan as well. This is the most important thing.
It’s been a long road to get here.
The examination process is very busy, so it currently takes about 3 months from the time of application.
In the meantime, rent for the rented office will continue to accrue.
Our office, together with our partners, will provide one-stop support from your company incorporation to obtaining a business management visa. Please feel free to contact us.
