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11/3/2018

business succession of sole proprietors

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The government greatly simplifies the procedures for business succession by sole proprietors.

Currently it is necessary to conduct a new start-up procedure other than inheritance due to death in many industries. The government will summarize the reform plan in the middle of 2019, ​the government will allow the current law to be handed over to the new sole proprietors without new permission and approval as well as to inherit it. ​The Government aims to cover not only children, but also business succession to third parties such as relatives such as grandchildren and brothers and employees.  

In the current system, in food and beverage industry, liquor retailing business, cleaning industry, hotel industry and beauty care business are inheritance, in principle, submit one application form and several related documents to the national government and municipalities to take over the business. ​However, if the former sole proprietors takes over in the lifetime, new sole proprietors will open up new business after the previous proprietors has left the business.

For example, in the inheritance of a restaurant business, in principle, the heir will inherit the business in accordance with the application form and family register certificate. However, in the succession to live, submission of a business license application form and arrangement map of sales facilities, inspection by the public health center and application fee fee will be required. It takes time to be permitted even after the inspection, sometimes being obliged to be closed.

Same as Hotel industry, if new sole proprietors apply hotel license, start new business after purchase Hotel, Ryokan or Guesthouse, it will require to apply new license again, will take approximately 2 months and hotel will not be able to run during this period.

After reform of plan in middle of 2019, after the enforcement of this Act, it may easy to start new business by new solo proprietors.

However, in parallel, in hotel business, we still need to check new Act will include business succession by property by property, or all properties by solo proprietor.  We support M&A, purchase business with license, establish new business and company in Japan.

Sincerely,
Ken Hayashi

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Real Estate agent in Kyoto, Buy and Sell, Leasing, Renovation and Construction, Management for Investment and Vacation Property, Professional Services for International Customers. We deal in KyoMachiya houses, detached and attached Houses, new and old Condominium Apartments, Block of Apartments and Buildings for Commercial, Residential and Investments use, Manage and Support Operation and New Development of Guesthouse, Ryokan and Hotel, Total Supports for Land and Buildings Real Estate in Kyoto.
Yours sincerely, Founder Ken Hayashi
Real Estate Broker Company License No. Kyoto-Fu Governor ( 1 ) 14044 , ​Member of Kyoto Association of Residential Land Building Business
  • Home
  • Study
    • Rights of Property >
      • Real Right and Credit
      • Rights to the land and Rights to the building
    • the Building Lots and Buildings Transaction Business Act >
      • Laws Related to Real Estate Transaction in Japan
      • (1) Laws Concerning Land Use
      • (2) Laws Concerning Construction of Buildings
      • (3) Laws Regulating Real Estate Companies
      • (4) Laws and Regulations Concerning Advertisement
      • (5) Laws Concerning Contracts Including Sales Contracts and Lease Contracts
      • (6) Laws concerning Titles and Rights
      • (7) Laws Concerning Real Property Registration
      • (8) Laws Concerning Condominium Management
      • (9) Laws Concerning Defects (Faults, etc.) of Housing Properties
    • How to and Procedures >
      • Process of Real Estate Sale
      • Process of Real Estate Purchase
      • Cost by Transaction
      • Important Points Explanation
      • Real Estate Sales Contract
      • Property Condition Confirmation
      • Facilities and Equipment List
    • Building Management >
      • Process of Residential Property Management
      • Process of Real Estate Leasing >
        • Idea of Lease Agreement
      • Process of Vacation Home Management
    • Related Acts
    • Glossary >
      • Real Estate Glossary in Japan
    • Tax in Japan >
      • Consumption Tax
      • Property Tax
      • Capital Gain Tax
      • Withholding Tax
      • Taxes on Gifts and Inheritances
    • Q&A >
      • Q&A
  • Local
    • Learning
  • Latest Information
    • Latest News
    • We Love Kyoto
  • Column
  • About Us
    • Records
    • Partners
    • Cookie Notice
    • Sitemap
  • Contact