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City-Yuwa Partners | Japan | 15 Sep 2021

Share delivery: new option for M&A transactions

This article explores the opportunities and limitations of share delivery – a new option for M&A transactions enabled by the recent amendment to the Companies Act. By using share delivery, one stock company can make another stock company its subsidiary, without the former needing to make the latter its wholly owned subsidiary.
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Nishimura & Asahi | Japan | 13 Sep 2021

Japan selects first round of recipients for green innovation fund

The New Energy and Industrial Technology Development Organisation has selected the initial group of 11 recipients for funding under Japan's Y2 trillion green innovation fund, which was established by the Ministry of Economy, Trade and Industry in March 2021. The selected projects concern either the construction of a large-scale hydrogen supply chain or the production of hydrogen through water......
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Nishimura & Asahi | Japan | 16 Aug 2021

Copyright licensees are stronger than ever before in Japan

Until the amendment to the Copyright Act entered into force in October 2020, copyright licensees were unable to assert their licences against new copyright holders in Japan. Due to the amendment, this is now possible. It is hoped that the amendment will facilitate copyright licensing transactions in Japan, as the unstable status of licensees has often been an obstacle in licensing......
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Nishimura & Asahi | Japan | 9 Aug 2021

Changes to decommissioning reserve requirements for solar power projects

The amendments to the Act on Special Measures Concerning the Procurement of Renewable Energy Electricity by Electricity Solar-Power Generation Operators require operators of solar-power generation facilities with capacities of at least 10kW to maintain a decommissioning reserve. Pursuant to the amendments two types of decommissioning reserve systems are available. The external reserve system......
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Nishimura & Asahi | Japan | 19 Jul 2021

Offshore wind bidding for round 1 areas in Japan

In 2020 the government commenced the tender process for the first round of offshore zones under Japan's new offshore wind law. This article briefly summarises the tender process of the round 1 areas and provides an update on the tender process expected for additional sea areas.
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Nagashima Ohno & Tsunematsu | Japan | 7 Jun 2021

Underwriters' liability for false statements made in IPO

In December 2020 the Supreme Court handed down a decision in relation to certain obligations of lead underwriters and bookrunners in an initial public offering (IPO). Although the underlying facts related to an IPO, the judgment also applies to underwriters involved in the submission of a securities registration statement and there are useful takeaways for any company faced with investigating......
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Nishimura & Asahi | Japan | 31 May 2021

METI green innovation fund

In order to help achieve the goal of carbon neutrality by 2050, the Ministry of Economy, Trade and Industry (METI) has decided to develop a green innovation fund of Y2 trillion as part of the New Energy and Industrial Technology Development Organisation. METI has noted that the fund should focus on providing support to companies engaging in fields which have significant policy effects and......
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Nishimura & Asahi | Japan | 10 May 2021

Court dismisses Starbucks's trademark invalidation request despite survey results

The IP High Court recently confirmed the Japan Patent Office (JPO) Trial and Appeal Board's decision to dismiss Starbucks Corporation's request to invalidate a trademark which had a similar composition to that of its own. To prove that the composition of its trademark was well known and characteristic, Starbucks conducted a survey through a research company using an image that had undergone......
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City-Yuwa Partners | Japan | 26 Apr 2021

Options for launching business in Japan

When expanding business to Japan, non-Japanese companies could consider acquiring an existing Japanese company, establishing a new company, branch or representative office or simply commencing business through a company located outside Japan. Each option has pros and cons. This article provides information on each of these options in order to help non-Japanese companies choose a suitable......
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Nishimura & Asahi | Japan | 19 Apr 2021

Updates to solar FIT decommissioning fee regulations

In June 2020 a bill was enacted pursuant to which the Japanese authorities can withhold a portion of payments under a power purchase agreement that will instead be placed in a reserve to cover decommissioning costs. While the final decommissioning regulations have not yet been published, a detailed outline of the regulations was recently published for public comment.
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