Cross Border Transactions

Our Office has extensive experiences and records in assisting companies’ cross-border transactions, and considers the business operations in such areas as the main focus of our business.

1. Importance of Appropriate Legal Approach

In recent years, domestic companies, no matter how big or small the company is, have been increasingly expanding their overseas business operations due to the decrease in the domestic demands as a result of the falling population, customers’ relocation to overseas destinations as well as the growth in overseas demands taking place mainly in Asia. A company who sets out for overseas business operation tends to have more employees in its domestic offices than those who conduct business solely within the domestic market. It is believed this overseas venture would contribute to reinvigorating the companies’ domestic business. As such, while there is a plenty of business opportunities in the overseas expansion, it is also true that the risk is higher than conducting business in the domestic market. As the legal system and the trading practices in foreign countries significantly differ from those in the domestic market, it is indispensable to deal with the legal risks.
Generally speaking, if any dispute arises in a foreign country, the costs to deal with the dispute could be massive, and it may not be straightforward recover from the losses in many cases. Thus, it is vital to conduct research, review sufficiently in advance and take preventative action for possible disputes to minimize any associated risks.

2. Practice Areas

(1) Outbound Projects
Overseas expansion can be broadly categorized into the following types: (a) export and import transactions; (b) indirect expansion by forming a partnership with overseas enterprises by way of OEM, an agency/distributorship agreement, license agreement, franchise agreement and other forms of partnership without having any branch in abroad; and (c) direct expansion by having an overseas branch such as subsidiaries and local plants.
Our Office is capable of handling any of the above types. In particular, we can assist from the initial stage of developing the scheme, in which we consider what type of expansion is ideal for your company.

(2) Inbound Projects
Our Office’s business is focusing on the enterprise-related businesses, and we have clients from various fields and industries. We have rich experiences in advising on and dealing with company formation and operation, and trading-related, employment-related, intellectual property-related and M&A-related matters. We will assist from the initial stage of developing the scheme for the inbound projects as well, in which we consider what type of expansion is ideal for your company.

3. Experiences and Achievements

Our attorney-at-law, Mr. Takashi Nakamura, has work experience in overseas projects at one of the largest global international law offices, and he is appointed as a support attorney of the Japan Federation of Bar Associations for small and medium-sized enterprises doing business overseas.
Our attorneys-at-law are appointed as the counsel for companies having overseas operations, consulting firms who assist overseas expansion and other types of companies, and continue to carry out business to support their efforts to expand abroad.

Our Office has experience and achievements in providing legal advice on cross-border transactions, including the following (among others):

distributorship agreement (China, South Korea and Russia); OEM agreements and confidentiality agreements (Philippines); memorandum of understanding (“MOU”) (U.S.); consultancy agreements (Indonesia); franchise agreements (Canada); joint venture agreements (China); license agreements (China); schemes for expansion into the food industry (various ASEAN countries); schemes for expansion into the IT industry (Singapore); schemes for expansion into the manufacturing industry (Philippines); MOU concerning schemes for expansion into the manufacturing industry (Thailand); M&A schemes (China); personnel and labor management systems (Hong Kong); regulations on export and import of electronic devices (Singapore); terms of use of applications (worldwide); regulations on export and import of foods (China); settlement agreements (Netherlands); dispositions of disputes concerning tax issues (Indonesia); and lease agreements for art and artifacts (U.K.).

4. Collaboration with Other Experts

Our Office collaborates with other experts and professionals in the following manner, which enables us to provide one-stop services:

(1) Overseas Law Offices
We have a network of law offices practicing in foreign jurisdictions, including the U.S., Canada, China, Taiwan, Singapore, Myanmar and other foreign countries, and our network allows us to deal with matters by collaborating with foreign lawyers and other legal experts as necessary.

(2) International Accounting Offices, International Tax Consulting Offices and International Patent Offices
We collaborate with accounting offices, tax consulting offices and International Patent Offices who specialize in cross-border transactions, and therefore, we are capable of providing services with a view to assisting in overseas accounting issues and protecting intellectual property rights.

(3) Insurance Agents and Business Consulting Firms
We collaborate with insurance agents who deal with insurance products, including overseas product liability insurances, and it allows you to consider a scheme that takes into account of the risk control aspect through their insurance coverage. Moreover, we collaborate with business consulting firms who specialize in overseas expansion, and they can assist in the feasibility study and marketing of your company in conjunction with our legal support as necessary.

5. Responsible Attorneys-at-Law

For cross-border transactions, please contact attorneys-at-law below:
Takashi NAKAMURA, Attorney-at-Law
Hitoshi KOBAYASHI, Attorney-at-Law