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Thought
Looking back to the history of trusts in Japan, the old trust Act was enacted in 1922. After the end of the Pacific War the second in 1945, commercial trusts underwritten by trust banks have developed by leaps and bounds under the rapid growth of economy. The present new Trust Act was enacted in 2006. The centennial anniversary of the old Trust Act has arrived in 2022. The balance of commercial trusts amounted to 1700 trillion yen in March 2024. From now on private trusts under the trusteeship of a member of settler’s family is expected to develop. The number of private trusts created by a notarized deed in 2023 was said to be over 4000.
books of the Trust Act
” The Explanation of Trust Act” was written by Dr. Tetsuji Aoki in 1926 is one of the early leading explanatory books to explain the old Trust Act enacted in 1922. Dr. Aoki obtained the doctorship in 1910 and taught at Housei University etc.
” The Trust Act” old version written by Dr. Kazuo Shinomiya in 1958 as the 33rd volume of the Complete Books on Laws published by Yuhikaku is one of the leading explanatory books about the old Trust Act after the World War the Second. Dr. Shinomiya obtained the doctorship in 1962 and taught at Kanagawa University etc. Against the traditional theory of credit to the trustee, he advocated his own theory of “trust asset as legal entity”. He had rewritten the new version of his book afterwards, which was published as the new version one year after his demise.
Purpose/Mission
We offer consulting for establishment of a trust company and an asset management company and consulting for their application for registration or license. Besides, we offer consulting for preparation of manuals for marketing and administration in order to start their business, as our representative director had worked as director and legal and compliance officer of trust banks and trust companies.
We design private trusts after the model of living trusts, will trusts and beneficiary succession trusts of the US, where there is a long history of private trusts, as our representative director had worked as director of foreign affiliated trust banks and trust companies in charge of business promotion in private banking.
Concept
We partner with lawyers, judicial scriveners, tax accountants, administrative scriveners, and other specialists in the relevant area of business, and we will respond you obtaining cooperation from such specialists as necessary. Regarding the business where certain qualification or permission is required to perform and we do not have such a requirement, we will ask our clients to consult specialists with such a qualification or permission.
Business Lines
Consulting for application for registration or license with the Financial Services Agency
The Application should conform to the criteria set by the Financial Services Agency. A simple description that the application documents conform to the criteria is not enough. The documents should describe the purpose of its establishment and its social meaning, social needs for its business and its profitability, the top management to perform the business, and its organization to control. Besides, demonstrate its capability to prepare the organization and its will to contribute the society.
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Consulting on the establishment of, application for registration or license, application for subsidy for business
Consulting on application for registration or business permission from the controlling authority: for subsidy for business from local government; preparing for internal regulations, business manuals; supporting for marketing and accounting work etc. for foreign-affiliated companies, especially trust companies, investment management companies, investment advisory companies, etc.,
Consulting on the preparation of wills, the creation of living trusts, the establishment of asset holding companies etc.
Consulting on the preparation of wills, the creation of living trusts, the establishment of asset holding companies etc. for international asset succession, particularly in the United States, United Kingdom, Australia, New Zealand, Singapore, Hong Kong S.A.R., and tax havens such as Jersey and Gandhi
Designing, creating and administering private trusts
Is this trust really initiated by the settler’s own will? Isn’t initiated in fact by a family member of the settler? Does this trust run a risk of triggering feud among his family members by invading legally reserved right to the settler’s estate? Does this trust take care of the well-being of a weak family member? Does this trust pay attention not only to legal affairs but also to tax issues? Does this trust provide for funds for payment of estate tax? We take these issues into consideration in designing trusts.
Consulting on the establishment of Charitable Trusts and of trusts for public benefit purposes
At the end of 2023, “the Advisory Panel on How the Public Interest Corporation System Should Be for the New Era”, recognizing the importance of the role of the private nonprofit sector in solving various social issues, positioned the charitable trust system as such an important private nonprofit sector along with public interest corporations. Following the final report of the Advisory Committee, the new Charitable Trust Bill and the related tax reform bills were proposed and subsequently approved by the ordinary session of the Diet in the spring of 2024. A Charitable Trust is a trust that must be specially approved by an administrative agency for the sole purpose of performing public interest affairs (Article 2 of the Act concerning Public Trusts), and it receives special tax concession. On the other hand, a private trust for charitable purpose is a kind of civil trusts for family members with an intention to donate to a public interest corporation or a charitable trust. This kind of trusts does not require approval from an administrative agency. In the United States, it is widely used as a trust for the succession of family assets. We offer consulting services related to the establishment and management of Charitable Trusts and a private trust for charitable purpose.
Consulting for Designing Multi-Tiered Beneficiary Trusts and Successive Beneficiary Trusts
Many tax professionals are reluctant to use multi-tiered beneficiary trusts because they are tax-saving and their treatment is unclear. We will not provide consulting if this trust is set up for improper purposes. However, a multi-tiered beneficiary trust is a very useful tool as a trust for a family, as long as it is set up soundly for the right purpose. We will undertake consulting after examining the purpose of the trust, the assets constituting the trust property, the contents of the trust deed, the reliability of the trustee, etc.
If the continuous trusts are multi-tiered beneficiary trusts, they will be taxed extremely unfavorably. Many tax professionals are reluctant to take advantage of it. As a general rule, we do not provide such consulting. However, a beneficiary succession trust is a necessary system as a trust for family members and is in fact widely used in United States. If you really want to use this, we will offer consulting.
We provide consulting services for the establishment of multi-tiered beneficiary trusts, successive beneficiary trusts, and the establishment of charitable trusts or trusts for public benefit purposes in cases where the amount of trust assets is 100 million yen or more.
Greeting
For a long time, I had established a foreign trust bank, obtained a license, and engaged in trust business for institutional investors and wealthy families as a business trustee. Since then, I have designed trusts for families as civil trusts, trained qualified professionals, conducted research on legal and tax affairs of civil trusts, and written papers and books related to them. In recent years, we have been establishing trust companies, applying for licenses, and preparing to open a business. In the case of foreign capital, it is necessary to make sure that the financial supervisory authority understands the need to enter the Japan market. It is necessary to ensure compliance, secure excellent sales representatives, and provide products that suit customers in Japan. When designing a trust for a family, it is necessary to consider the composition of the family’s assets, the relationships of the family members, and the protection of the family after the death of the master of the family. The Japanese government is trying to attract foreign companies to develop Tokyo as a global capital market. I provide consulting support for aspiring companies, not limited to foreign companies, to establish and license trust companies and asset management companies, to apply for subsidies, etc., and to secure human resources. In the design of trusts for families, we utilize our knowledge of research on civil trusts and multi-tiered trusts in United States to support the succession of assets of wealthy individuals through consulting.
Profile
Representative Director of the Civil Trust Utilization Support Organization, Member of the Japan Society of Trust Law, Certified Member of the Japan Securities Analysts Association, Member of the United States CFA Institute, Certified Member of the Japan FP Association, Member of the Tokyo Metropolitan Administrative Scrivener’s Association
Books written by the Representative Director
“Measures for Inheritance, Gift and Business Succession by Utilizing Private Trusts”
“How to Discern Risky Private Trusts”
“Trustee’s Practice of Private Trusts”
“Compact Book of Terms and Laws of Trusts”
“Laws and Taxes of Multi-Tiered Beneficiary Trusts”
Articles of technical journal written by the Representative Director
“Weekly TA Master”
(Monographs written for this technical journal were given an award from Japan Tax Research Institute)
“Qualterly Guide to Practice Private Trusts “
(Presently the technical journal of Family Trusts on web issued by Family Trusts Promotion General Incorporated Association)
“Quarterly Asset Succession”
Introduction of the company
This company is specialized in offering consulting services for applying for registration or license for a trust company, an investment management company or an investment advisory company.
This company also offers consulting services for designing, creating and administering private trusts for wealth transfer to the next generation.
The representative of this company ・・・
Office
1312 Tokyo Chiyoda Platform Square, 3-21 Kanda Nishikicho, Chiyoda-ku, Tokyo 101-0054
privacy policy
Compliance with laws and regulations
The Company will comply with laws concerning protection of personal information as well as other related laws providing how to treat personal information.
Obtaining and use of personal information
The Company may obtain and use the following kinds of personal information for the purposes set forth in “Purpose of Use of Personal Information”.
name, address, gender, date of birth, name of company or organization, telephone number, email address, and any other personal information required for the provision of the Company services to you.
Purpose of use of Personal Information
The obtained personal information will be used for the following purposes. Unless the person who provides the personal information allows in advance, or unless law permits, the Company will not use the personal information for any other purposes than the following purposes.
- Consulting practice of the Company, services as of administrative scrivener, and related businesses thereof.
- Announcement of study meetings, seminars, publications of books etc.
- Sending newsletters, season’s greetings and other letters concerning the Company’s businesses.
- Notice to persons who seek employment by the Company Firm
- Responding to various inquiries
- Others execution related to the above purposes
- Others execution necessary for the appropriate and smooth performance of the Company‘s businesses.
Storage of personal information
The Company will duly store the obtained personal information so that it is not divulged, accessed without authorization, falsified, or used without authorization.
The Company will not disclose the obtained information to third parties other than to the supervisory authorities or legal experts concerning consulting for registration, permission, authorization etc. with clients’ consent.
The Company may disclose the obtained information to the following entity or firm
- Institution for support to utilize private trusts
- Kissho-Asset Administrative Scrivener’s office
Disclosure and correction of personal information
The Company will appropriately attend the confirmation, disclosure and correction requested by the person who has provided the personal information, if the person addresses it to the contact person below.
Contact: Kissho-Asset Company Co., LTD
Attention: Personal Information Contact
Address: 1312 Chiyoda Plat Form Square, 21
Kanda-Nishikicho 3 Chome, Chiyoda-ku, Tokyo 101-0054
E-mail: tommy_kissho@gmail.com
Inquiry
Would you please send your inquiry to the address below, writing your name, mail address, telephone number and the contents of the inquiry with your consent to the Notice of the Company’s Privacy Policy.
Mail address: tommy.kissho@gmail.com
Articles appeared in:
”Qualterly Guide to Practice Private Trusts” issued by General Incorporated Association the Institution for Family Trusts Promotion
July 1, 2024: “Beneficiary Succession Trusts of the US-Valuation Methods for the Right of Beneficiaries-No.2”
October 1, 2024: the Valuation of Beneficial Rights of Beneficiary Succession Trusts in Japan by way of the US Valuation methods”
Newsletter issued by the Institution for Support to Utilize Private Trusts
July 10, 2024: Are Living Trusts and Beneficiary Succession Trusts Quite Different from Each Other?
September 10, 2024: Watch out the Taxation on Private Trusts