Governor's Permission or Minister's Permission?
A Governor’s permission is required when you only wish to establish an office and conduct real estate brokerage business in one prefecture. For example, if you only plan to establish one or two offices in Tokyo, you only need to apply for a Governor’s permission.
Conversely, if you wish to establish offices in two or more prefectures, you must apply for a Minister’s permission. For example, if you wish to establish an office in both Tokyo and Saitama prefectures, you must apply for a Minister’s permission.
Conditions for Applying for Permission
To apply for a new permit, all of the following conditions must be met.
- For corporations, the purpose column in the commercial registration must state "Engaging in Real Estate Brokerage"
- Establishing an Office
- Establishing an Office
- Assigning a Real Estate Notary
- No Disqualifying Factors
- Entrusting the Management of Business Security Deposits or Joining a Guarantee Association
Next, the specific requirements for each condition will be explained individually.
For corporations, the purpose column in the commercial registration must state "Engaging in Real Estate Brokerage"
If you are a corporation and wish to engage in real estate brokerage, the purpose column in your commercial registration certificate must state "Engaging in Real Estate Brokerage" or similar wording. For example, many corporations will write "Real estate sales, brokerage, leasing and management." If this wording is not present, it must be added before applying for a permit.
Establishing an Office
The office to be established must be independent of other businesses and the applicant's residence. (Independence)
Assigning a Real Estate Notary
Each office must have at least one real estate notary. (Exclusivity)
Full-time Status of the Representative
In principle, the representative applying for a permit must work full-time at the office. If there is a reason why full-time employment is not possible, an employee with signing authority must be assigned.
No Disqualifying Factors
Applicants have not met any of the following criteria within 5 years prior to applying for a license.
- Individuals whose licenses have been revoked due to improper acquisition, particularly serious misconduct, or violation of suspension of business orders.
- Individuals who have submitted a business suspension report after being suspected of improper acquisition, particularly serious misconduct, or violation of suspension of business orders following a hearing for license revocation.
Hearing: An administrative procedure where individuals facing unfavorable administrative actions are given an opportunity to present their defense before a decision is made.
- Individuals who have been sentenced to imprisonment or a more severe penalty, or those penalized with fines for violating the Real Estate Brokerage Act.
- Members of organized crime groups, etc.
Applicants do not meet any of the following criteria at the time of application.
- Individuals who have undergone bankruptcy proceedings without rehabilitation.
Rehabilitation: The process by which individuals who have lost legal rights due to bankruptcy can restore those rights, such as after settling debts.
- Individuals who clearly exhibit conduct that is inappropriate or dishonest in relation to the real estate brokerage business.
- Individuals who are unable to operate a real estate brokerage business appropriately due to physical or mental reasons.
The following criteria are also not met.
- No dedicated real estate notary assigned to the office.
- False information or missing important facts in the application form or its attachments.
Entrusting the Management of Business Security Deposits or Joining a Guarantee Association
After approval, it is mandatory to entrust the management of business security deposits or join a guarantee association.
If entrusting the management of business security deposits, the head office must entrust 10 million yen and each branch must entrust 5 million yen.
If joining a guarantee association, the head office must entrust 600,000 yen and each branch must entrust 300,000 yen.
Most people join a guarantee association, but it takes longer to join so preparation is required in advance.
License Renewal
The real estate brokerage license in Japan is valid for 5 years and requires renewal every 5 years. The renewal application can be submitted 90 days before the expiration date, with a final deadline of 30 days before expiration. Failure to renew will require applying for a new license, and business operations cannot continue until the new license is approved.
We offers free management of various expiration dates for clients, even those who have not previously entrusted us with any matters. Of course, we are legally prohibited from disclosing data and the firm also has its own personal information protection policy to strictly protect client-provided data.