Business Field

We help clients to make decisions that will affect the future of the company, such as M&A, Spilt-up, Appraisal right by stockholder.

M&A may be an opportunity for companies to expand and resume. However, detailed and clear legal knowledge and advisory experience are necessary to ensure that legal issues are clarified to minimize future conflicts.

We understand the goals of client that they want to achieve and provide solutions accordingly. As we have been in charge of M&A of many companies, industries, and legal advice, we suggest a clear direction to move toward an in-depth understanding of the company. We will be on your side by consultations on M&A and various legal advice such as contracts.

Restructuring for business reform is inevitable. Companies consider contemplating ways to lead in the face of rapidly changing environmental changes. Therefore, reforming overall management is essential.

As the number of companies suffering from the global economic recession is increasing, we will provide legal advice to make your corporate restructuring to step in a reasonable direction.

We corporate legal team has been leading corporate rehabilitation successfully based on long-standing know-how and practical experience, collaborating closely to identify market analysis, corporate capital and market analysis, related laws and future directions, and suggesting the best solution.

The corporate rehabilitation process is a system that coordinates the legal relationship of creditors, shareholders, and equity holders against debtors facing financial difficulties to effectively revive debtors or their businesses. Debt repayment through business reconstruction and continuation of operations is the main purpose, and it is distinguished from the disposal and exchange of debtor property and fair dividends for creditors.

Rehabilitation procedures may be filed by debtors, creditors with bonds equal to or greater than one-tenth of equity, and shareholders’ equity holders with shares or stakes equal to or greater than one-tenth of equity.

If there is an application for the commencement of corporate rehabilitation procedures, the court first orders the payment of expenses necessary for the rehabilitation process and interrogates the representative. Before the debtor decides to commence rehabilitation procedures, a decision should be made to preserve the property in order to prevent the risk of reckless management of the business or escaping or concealing the property. The court will order the debtor to refrain from reimbursement, prohibition of disposition of property above a certain amount, prohibition of borrowing money, and prohibition of hiring executives and employees until the decision to commence rehabilitation procedures is made.

The debtor’s right to perform his/her duties or disposition of property under the decision to commence rehabilitation procedures shall be transferred from the debtor to the representative of the debtor who is deemed to be a custodian under the court’s decision. Such custodians’ behaviors shall be investigated by the supervision of the court and become valid only if the court decides to grant permission.

Corporate bankruptcy is a procedure in which a court declares bankruptcy and cashes the corporate property and distributes it to creditors according to the priority and claim amount of the rights if the corporation is unable to repay all its debts with its property.

The main purpose of the corporate bankruptcy system is to ensure that all creditors are reimbursed equally for corporate property, while preventing additional damages to creditors by liquidating non-renewable corporations, and to help representatives belonging to corporations make a fresh start.

• 1. Corporation in excess of its liabilities

  Corporate bankruptcy may be applied by both commercial and non-profit corporations, such as a company, if a corporation is insolvent or debt exceeds its assets. Regardless of the cause of debt, such as bank loans, credit card payments, transaction payments, wages and severance pay, and taxes, you may apply even if the amount is large or small.

• 2. Applicant

  Directors, unlimited liability employees, and liquidators of debtor corporations may file for bankruptcy of debtors even if they are not representatives. Creditors may also file for bankruptcy with respect to debtors’ corporations that are insolvent or in debt excess.

Personal rehabilitation system is a system in which a person who is in an insolvency state but exempted from debt if he or she repays a certain amount over three to five years while earning a certain amount of income.

• 1. Salary earner or operating earner

  They should have the potential to continue earning regular, solid income, such as monthly salary, pension, and business income.

• 2. Total Debt

  It can't exceed 5 years.

• 3. Period of payment

  It can't exceed 5 years.

• 4. Inability of payment

  Debt must be greater than property (real estate, movable assets, deposits, insurance system guaranteeing return bond, etc.).




Five years must pass if you have previously been exempted, including immunity from bankruptcy procedures.

If individual debtors are unable to repay all debts with his or her property, debtors or creditors may apply for bankruptcy to settle the debt.

In addition to personal bankruptcy, “Exemption” is exempted by the trial of a bankruptcy court for those who are faithful or unlucky debtors for any remaining debts not reimbursed through bankruptcy proceedings, that is a system only recognized by individual debtors to seek economic restart of debtors.

Personal bankruptcy and exemption consists of bankruptcy process of forming a bankruptcy foundation with the debtor’s property at the time of the declaration of bankruptcy, however, it proceeds with deciding exemption if there is no permission of exemption.

Debtors who file for personal bankruptcy must apply for exemption separately from bankruptcy application, and in most cases, they may be able to apply at the same time. If a debtor declared bankrupt, there are many legal restrictions, such as not being able to become a public official, real estate broker, or private school teacher, and if he or she works for a company, he or she may be fired under the company’s regulations or employment rules, therefore clients must need to check enough before applying.

In addition, if it is deemed sufficient to promote rehabilitation through personal rehabilitation procedures or general rehabilitation procedures, it may be dismissed as abuse of procedures.

If the debtor is an individual, a separate individual rehabilitation procedure is available, but general rehabilitation procedures may be taken at the option of the debtor. Even if the debtor is an individual, the rehabilitation process is carried out the same as the corporate rehabilitation procedure, except for those specific contents of the corporation.

General rehabilitation has no limit on debt limits and requires the consent of creditors as an approval. Change of a right by approval takes effect, and collateral rights may also be changed.

From corporate rehabilitation bankruptcy, preparation of rehabilitation plans, lawsuit to follow-up procedures. We are dedicated to the case to help our company clients to be succeeded in recovering even in difficult situations.