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Main Index Index: * ARTICLES OF ASSOCIATION OF JAPAN FEDERATION OF BAR ASSOCIATIONS * ARTICLES OF ASSOCIATION OF JAPAN FEDERATION OF BAR ASSOCIATIONS http://www.nichibenren.or.jp/en/index.html (Adopted on July 9, l949) Amended April 9, 1950- .... Until November 10, 2004 Chapter I. General Provisions Article 1. This Federation shall be called the Japan Federation of Bar Associations pursuant to the provisions of the Practicing Attorney Law (hereinafter referred to as the ''Law''). Article 2. This Federation shall be the source of protection of fundamental human rights and of realization of social justice. Article 3. It shall be the object of this Federation, in view of the mission and duties of practicing attorneys and legal profession corporations, to execute the affairs relating to the guidance, liaison and supervision of practicing attorneys, legal profession corporations and bar associations in order to maintain their dignity and to improve and develop the legal practice. Article 4. This Federation shall be constituted of practicing attorneys, legal profession corporations and bar associations. Article 5. 1. Practicing attorneys, legal profession corporations and bar associations shall automatically become members of this Federation and shall not be required to apply specifically for membership. 2. A practicing attorney, a legal profession corporation or a bar association shall automatically lose the status of membership of this Federation in case his/her registration in the roll of practicing attorneys is rescinded, a legal profession corporation registers the completion of liquidation (as far as the case specified in Paragraph 5 of Article 62 of the Law is concerned, in case the disciplinary process is concluded) or a bar association is dissolved, as the case may be, and shall not be required to apply specifically for withdrawal. Article 6. 1. In order to enforce this Articles of Association and to implement necessary measures based on the provisions of the Law, this Federation shall establish its internal rules (''Rules'') or regulations (''Regulations''). 2. The enactment or amendment of Rules shall be adopted upon a resolution of a General Meeting, and the enactment or amendment of Regulations shall be adopted upon a resolution of the Board of Governors. 3. In case the Articles of Association, Rules or Regulations are enacted or amended, this Federation shall publish the same in the Official Gazette. Article 7. As one of the means to achieve the object as set forth in Article 3 hereof, this Federation shall publish the journal of the Federation. Article 8. Notice to a member who is a practicing attorney and a legal profession corporation shall suffice if given to the bar association to which he/she belongs (in case of a legal profession corporation belonging to two or more bar associations, then the bar association in the region in which its principal law office is located) unless otherwise prescribed in the Law or in these Articles. Article 9. This Federation shall have its office at 1-3, Kasumigaseki 1-chome, Chiyoda-ku, Tokyo. Chapter II. Ethics of Practicing Attorney Article 10. A practicing attorney shall always be conscious that he/she shall be the guardian of human rights and that he/she shall realize social justice. Article 11. A practicing attorney shall always be mindful to ensure that the laws and regulations are applied justly, and should he/she ever find illegality or injustice, he/she shall strive to rectify such illegality or injustice. Article 12. A practicing attorney shall strive to be versed in the legal science and other necessary learning, build up his/her character and shall maintain strong sense of responsibility and his/her integrity. Article 13. A practicing attorney shall always be polite to the judge and the public prosecutor as well as his/her colleague and shall not mix up public and private matters. Article 14. The election of the officers of bar associations shall be conducted in a democratic and fair manner toward the end that persons of integrity and learning may serve with popular support. Article 15. A practicing attorney shall be essentially free, and he/she shall not be influenced by power or economic interests. Article 16. Any necessary matters relating to the morality and ethics of practicing attorney and to the discipline over the practices of practicing attorney other than those set forth in this Chapter shall be established in the Rules of this Federation. Chapter III. Roll of Practicing Attorneys Article 17. This Federation shall maintain the roll of practicing attorneys. Article 18. 1. The roll of practicing attorneys shall contain the followings: (1) Name, permanent address and date of birth of the practicing attorney; (2) Office and residential address of the practicing attorney; (3) Name of the bar association to which he/she belongs; (4) Registration number; (5) Date of registration; (6) Date of change of registration; (7) Date of change of registered matters and its reason; (8) Disciplinary action imposed; and (9) Date of rescission of registration and its reason. 2. With regard to the office specified in Item 2 of the preceding Paragraph, a practicing attorney who is the partner or employee of a legal profession corporation (hereinafter referred to as ''Partner, etc.'') shall register the name and address of his/her office of the legal profession corporation (in case there are one or more secondary law offices, then one of his/her offices). Article 19. 1. A person who applies for his/her registration in the roll of practicing attorneys shall submit to this Federation, through the bar association he/she intends to join, the following documents: (1) Application for registration; (2) Personal history; (3) Certified copy of family-register; (4) Document of proof that he/she is qualified to become a practicing attorney; (5) Certificate that he/she is not disqualified pursuant to any of the grounds of Article 7 of the Law; and (6) Document relating to the matters as specified in each Item of Paragraph 1 of Article 12 of the Law and in Paragraph 2 of the same. 2. Certified copy of family-register under sub-paragraph 3 of the preceding Paragraph may be substituted by certified excerpt of family-register or a document certifying his/her name, permanent address and birthday. 3. In case a former practicing attorney who has been appointed as a judge retires from office and applies for his/her registration in the roll of practicing attorneys, he/she shall not be required to submit a document as prescribed in Item 4 of Paragraph 1 hereof. 4. A person, who applys for his/her registration in the roll of practicing attorneys pursuant to the provisions of the Law Concerning Practicing Experiences As Lawyers By Assistant Judges and Public Prosecutors (Law No. 121 of 2004) (hereinafter referred to as ''Practicing Experiences Law''), shall submit a document certifying that the applicant intends to perform the duties of a practicing attorney pursuant to the provisions of Paragraph 1 or 4 of Article 2 of the same Law. In this case, the applicant is not required to submit a document specified in Item (4) of Paragraph 1 hereof. Article 20. A practicing attorney who intends to apply for a change of registration in the roll of practicing attorneys shall submit to this Federation, through the bar association he/she intends to newly join, the following documents: (1) Application for change of registration; (2) Document relating to the report as prescribed in Paragraph 2 of Article 10 of the Law; and (3) Document relating to the matters as prescribed in Paragraph 2 of Article 12 of the Law. Article 21. 1. A practicing attorney shall report the change of the registered matters to this Federation in case there shall be any change in the matters enumerated in Items 1 and 2 of Paragraph 1 of Article 18 hereof. 2. A practicing attorney who reports pursuant to the preceding Paragraph shall submit to this Federation, through the bar association to which he/she belongs, the following documents: (1) Report of change of registered matters; and (2) Relevant document of proof in case the change pertains to the matters enumerated in Item 1 of Paragraph 1 of Article 18 hereof. Article 22. 1. A practicing attorney who intends to apply for the rescission of registration in the roll of practicing attorneys shall submit to this Federation, through the bar association to which he/she belongs, the application for rescission of registration. 2. In case a bar association applies for rescission of registration pursuant to Article 13 of the Law or submits a report to the effect that there is a ground for rescission of registration with respect to a practicing attorney who belongs to it, the bar association shall submit a document with respect to the ground of rescission of registration. 3. Except for those cases that are stipulated in the preceding two Paragraphs, where a bar association considers that there is a ground for rescission of registration with respect to a practicing attorney who belongs to it, the bar association may report this Federation to that effect by submitting a document describing the ground of rescission of registration. Article 23. 1. The following registration fees shall be payable with respect to the registration in the roll of practicing attorneys: (1) Registration ¥60,000 (in case of registration immediately after completion of the courses of a legal apprentice ¥30,000) (2) Change of registration ¥10,000 (3) Change of registered matters ¥5,000 (4) Rescission of registration by the application of a practicing attorney ¥5,000 2 In case a practicing attorney who suffers significant damage to his/her law office or residence due to earthquakes, storms, floods, lighting, fires or other similar disasters reports a change in the matters enumerated in Item 2 of Paragraph 1 of Article 18 hereof, this Federation may exempt him/her from payment of the registration fees as prescribed in Item 3 of the preceding Paragraph. 3. In case a former practicing attorney who has been appointed as a judge retires from office and applies for his/her registration in the roll of practicing attorneys, this Federation may exempt him from payment of the registration fees as prescribed in Item 1 of Paragraph 1 hereof. 4. This Federation may grant an exemption from or grace of payment of registration fee set forth in Item (1) of Paragraph 1 hereof to a person who applies for registration in the roll of practicing attorneys pursuant to the provisions of the Practicing Experiences Law, and may also grant an exemption from or grace of payment of the registration fee set forth in Item (4) of Paragraph 1 hereof to a person who applies for rescission of registration in the roll of practicing attorneys pursuant to the provisions of Paragraph 4 or 5 of Article 7 of the same Law. Article 24. This Federation shall notify to the applicant and the bar association to which he/she is to belong the registration number, the date of registration and other necessary matters when this Federation registers his/her name in the roll of practicing attorneys. It shall apply mutatis mutandis in case of change of registration, change of registered matters or rescission of registration. Article 25. When this Federation registers in the roll of practicing attorneys the registration, change of registration or rescission of registration, this Federation shall promptly publish the same in the Official Gazette. It shall apply mutatis mutandis in case a report of change of name of a practicing attorney is submitted. Article 26. The forms of documents to be submitted to this Federation with respect to the registration, change of registration, change of registered matters or rescission of registration shall be prescribed in the Regulations of this Federation. Chapter IV. Practicing Attorney and Bar Association Article 27. 1. The law office of a practicing attorney must be located within the area of the bar association to which he/she belongs. 2. A practicing attorney shall not be permitted to have two or more law offices in any name. He/she may, however, practice in the law office of other practicing attorneys. 3. In case the Partner, etc. of a legal profession corporation undertakes a case in his/her personal capacity and performs his/her duties, he/she shall make clear the fact thereof. Article 28. In case a practicing attorney establishes a law office or changes its location, he/she shall immediately report thereupon to the bar association to which he/she belongs and to this Federation. Article 28-2. Any necessary matters that relate to a joint enterprise on foreign laws to be conducted in accordance with the provisions of the Special Measures Law on the Handling of Legal Services by Gaikokuho-jimu-bengoshi (hereinafter referred to as the ''Special Measures Law'') and to the employment of practicing attorneys by Gaikokuho-jimu-bengoshi shall be stipulated in the Rules of this Federation. Article 28-3. 1. Where a practicing attorney concurrently holds a public office on a full-time basis with compensation, he/she shall promptly submit a notification to the bar association to which he/she belong in accordance with those set forth in the Rules. 2. A practicing attorney who submitted a notification pursuant to the provisions of the preceding Paragraph shall, if there is a change to the notified matters or he/she resigns the public office, notify the bar association to that effect. 3. Any necessary matters concerning notifications other than those set forth in the preceding two Paragraphs shall be stipulated in the Rules of this Federation. Article 28-4. Any necessary matters relating to notifications of profit-making business pursuant to Paragraphs 1 and 3 of Article 30 of the Law, and the registry of practicing attorneys engaging in profit-making businesses prescribed in Paragraphs 2 and 4 of Article 30 of the Law shall be stipulated in the Rules of this Federation. Article 29. 1. A practicing attorney shall abide by the articles of association, rules and regulations of the bar association to which he/she belongs and of this Federation. 2. A practicing attorney shall wear a badge adopted by this Federation when he/she practices. Article 29-2. 1. A practicing attorney may advertise his/her own practice, provided that this shall not apply if the advertisement is made in a manner contrary to the Articles of Association, Rules or Regulations of this Federation. 2. Other matters necessary for advertising as provided in the preceding Paragraph will be specified in the Rules of this Federation. Article 29-3. This Federation and bar associations shall make efforts to familiarize the mission and services of practicing attorneys to the public, and to disseminate information on legal fees and others so that citizens can employ practicing attorneys. Article 30. 1. A practicing attorney shall not establish any body or association other than the bar association pursuant to the Law, using the name of a bar association or similar names. 2. This Federation is entitled to request the body or association falling under the preceding Paragraph to change its name. 3. This Federation is entitled to request the dissolution of the body or association which does not change its name in spite of the request made pursuant to the preceding Paragraph. Article 31. A bar association shall report to this Federation the resolutions of its general meeting, appointment and retirement of its officers and shall also promptly report in case the rules and regulations are adopted or amended pursuant to its articles of association, or in case proposals are made to the government and public offices or reports are made responding to their inquiries. Article 32. The provisions of the preceding Article shall apply mutatis mutandis to the federation of bar associations prescribed in Article 44 of the Law. Chapter IV-II. Legal Profession Corporation Article 32-2. Matters relating to a legal profession corporation other than those prescribed in these Articles shall be prescribed in the Rules of this Federation. Chapter V. General Meeting and House of Delegates Article 33. 1. There shall be a Regular General Meeting and an Extraordinary General Meeting. 2. A Regular General Meeting shall be convened in May every year, and an Extraordinary General Meeting shall be convened from time to time when it is deemed necessary. Article 34. The following matters shall be submitted to a General Meeting for its deliberation: (1) Matters relating to the resolution of budgets and to the approval of accounts; (2) Matters relating to the enactment of the Articles of Association and the Rules, and to the amendment thereof; (3) Matters relating to the appointment of the members and reserve members of the Qualifications Screening Board, the Disciplinary Actions Committee, the Discipline Maintenance Committee and the Board of Discipline Review; (4) Matters required to be submitted to a General Meeting pursuant to the provisions of the Law or these Articles; (5) Matters deemed appropriate to be submitted to a General Meeting by the Board of Governors or the House of Delegates. Article 35. 1. A General Meeting shall be called by the President. 2. A notice to call a General Meeting shall be given at least twenty days prior to the date of the Meeting, provided that the period of notice may be shortened in case of an emergency. 3. The notice in the preceding Paragraph shall state the date, place and agenda of the Meeting. Article 36. 1. Ten or more Delegates or three hundred or more members being practicing attorneys may request the convening of an Extraordinary General Meeting by submitting to the President in writing the proposed agenda of the Meeting and the reason for convening it. 2. In case there shall be a request for convening of the Meeting as prescribed in the preceding Paragraph, the President shall take, within two weeks, the procedures for convening an Extraordinary General Meeting after the deliberation is made at the Board of Governors. Article 37. A Regular General Meeting shall be held at the place predetermined at the Regular General Meeting of the previous year. Article 38. 1. The chairman and vice-chairman of a General Meeting shall be elected from among the members being practicing attorneys present at the Meeting. 2. The chairman shall maintain the order of the Meeting and arrange the matters for deliberation. 3. In case the chairman is prevented from so acting, the vice-chairman shall act as chairman. Article 39. 1. The number of votes of members at a General Meeting shall be one vote for each bar association and each practicing attorney. 2. A legal profession corporation shall not be eligible to vote at a General Meeting. Article 40. 1. A member who is a practicing attorney may vote by proxy, provided that the document of proof of such proxy shall be submitted to this Federation at least two days prior to the date of the Meeting. 2. The proxy in the preceding Paragraph shall be a member being a practicing attorney of the same bar association to which the issuer belongs. Any one proxy may not represent more than thirty members. 3. The document of proof of the proxy in the proviso of Paragraph 1 hereof shall be authenticated by the president of the bar association to which the member or members belong. Article 41. The resolution at a General Meeting shall be adopted by the majority of the votes cast by the members being bar associations and practicing attorneys present, unless otherwise prescribed in the Law or these Articles. In case of a tie, the chairman shall have a casting vote. Article 42. 1. The Federation shall have the House of Delegates. 2. The House of Delegates shall deliberate the following matters: (1) Matters relating to the election of Vice-Presidents, Governors and Auditors; (2) Matters relating to the appointment of the members of the Election Supervisory Committee; (3) Matters required to be submitted to the House of Delegates pursuant to the provisions of these Articles and the Rules; (4) Matters specifically submitted to the House of Delegates by a General Meeting; (5) Matters deemed appropriate to be submitted to the House of Delegates by the Board of Governors. Article 43. 1. The House of Delegates shall be constituted of the delegates. 2. Each bar association shall appoint three delegates from among its members being practicing attorneys. 3. In addition to those provided for in the preceding Paragraph, each bar association shall appoint one delegate if the total number of its member practicing attorneys who belong to that bar association as of January 1 of the year of the appointment is 50 or less, or shall appoint one delegate for each fifty member practicing attorneys if the total number of the members of that bar association is more than 50, plus one delegate for a final fraction that does not reach to 50 members. 4. The delegates in the preceding two Paragraphs shall be appointed by each bar association during February every year. Article 44. The term of office of a delegate shall be one year starting from March 1 of the year in which he/she is appointed. Article 45. 1. In case of vacancy of a delegate, his/her bar association shall appoint a substitute delegate. 2. The term of office of a substitute delegate shall be the remaining balance of the term of office of his/her predecessor. Article 46. A bar association shall report to this Federation the appointment and retirement of its delegates and substitute delegates. Article 47. The provisions of Articles 8, 35 and 36 hereof shall apply mutatis mutandis to the convening of the House of Delegates. Article 48. 1. The delegates shall appoint the chairman and vice-chairman from among them at the House of Delegates first convened after their appointment. 2. The chairman and vice-chairman shall so act during the term of their office as delegates. 3. Paragraphs 2 and 3 of Article 38 hereof shall apply mutatis mutandis to the office of the chairman and vice-chairman of the House of Delegates. Article 49. In case both the chairman and the vice-chairman at the House of Delegates are prevented from so acting, a temporary chairman shall be elected and shall act as chairman. Article 50. In case of vacancy of the chairman or of the vice-chairman at the House of Delegates, he/she shall be elected immediately. Article 51. Each delegate shall have one vote. Article 52. 1. A delegate may vote by proxy, provided that the document of proof of such proxy shall be submitted to this Federation. 2. The proxy in the preceding Paragraph shall be a delegate of the same bar association to which the issuer belongs. Any one proxy may not represent more than three delegates. 3. The document of proof of the proxy in the proviso of Paragraph 1 hereof shall be authenticated by the president of the bar association to which the delegate or delegates belong. Article 53. The provisions of Article 41 hereof shall apply mutatis mutandis to resolutions of the House of Delegates. Article 54. 1. The proceedings of a General Meeting shall be open to the public; provided however that it may be closed to the public upon a resolution of a General Meeting. 2. Observation of the proceedings of the House of Delegates is prohibited except for the members; provided however that this shall not apply to those persons who obtain the permission of the chairman. Article 55. 1. The minutes of a General Meeting shall be produced to record the proceedings of the General Meeting and preserved at this Federation after affixing the signatures and seals of the chairman and two or more members present at the Meeting. 2. The minutes of the House of Delegates shall be produced to record the proceedings of the House of Delegates and preserved at this Federation after affixing the signatures and seals of the chairman and two or more delegates present. Article 55-2. Matters concerning General Meetings and the House of Delegates other than those set forth in this Articles of Association shall be stipulated in the Rules of this Federation. Chapter VI. Officers Article 56. 1. This Federation shall have the following officers: (1) One President; (2) Thirteen Vice-Presidents; (3) Seventy-one Governors; and (4) Five Auditors. 2. Several Executive Governors shall be appointed from among the Governors. Article 57. 1. The President shall represent this Federation and shall supervise the affairs of this Federation. 2. Vice-Presidents shall assist the President, and, in case of vacancy of the President or in case the President is prevented from so acting, shall act as President. 3. The order of substitution by the Vice-President to fulfill the duties of the President shall be the one determined in advance by the President, or, in the absence of such order, the order of the registration number as practicing attorneys. Article 58. 1. The President, Vice-Presidents and Governors shall deliberate the affairs of this Federation at the Board of Governors. 2. Any resolution at the Board of Governors shall be adopted by the majority of the votes cast by the members present, unless otherwise prescribed in the Law or these Articles. In case of a tie, the President shall have a casting vote. 3. Executive Governors may execute the daily affairs of this Federation based upon the request of the President. Article 59. The following matters shall be submitted to the Board of Governors for its deliberation: (1) Important matters relating to the management of this Federation; (2) Matters relating to the agenda of a General Meeting and the House of Delegates; (3) Matters relating to the enactment and modification of the Regulations; (4) Matters relating to the rescission of a resolution of a general meeting of a bar association; (5) Matters relating to honorary members; (6) Matters specifically submitted to the Board of Governors by a General Meeting or the House of Delegates; (7) Other matters deemed appropriate by the President. Article 59-2. 1. The President, Vice-Presidents and Executive Governors shall deliberate the affairs of this Federation at the Board of Executive Governors. 2. The provisions of Paragraph 2 of Article 58 hereof shall apply mutates mutandis to the resolution of the Board of Executive Governors. Article 59-3. The following matters shall be submitted to the Board of Executive Governors for its deliberation: (1) Matters relating to the management of this Federation; (2) Matters relating to the approval of the articles of association of a bar association and approval of the establishment of a federation of bar associations; (3) Matters relating to the inquiry to and consultation with a bar association; (4) Matters relating to the registration, change of registration and rescission of registration in the roll of practicing attorneys; (5) Matters relating to the qualifications screening; (6) Matters relating to disciplinary actions against practicing attorneys and legal profession corporations; (7) Matters relating to the submission of an opinion to the Supreme Court with respect to the rescission of approval of the legal practice of an approved foreign practicing attorney; (8) Matters relating to the approval of a person holding a qualification to be a Gaikokuho-jimu-bengoshi and the rescission thereof, and to the submission of opinions on the designation of specified foreign law and the rescission thereof; (9) Matters relating to the registration and the change or rescission of the registration in the roll of Gaikokuho-jimu-bengoshi; (10) Matters relating to disciplinary actions against Gaikokuho-jimu-bengoshi; (11) Matters relating to the training of the legal apprentices at a bar association; (12) Matters relating to the report to the Supreme Court and the inquiry from government and public offices; (13) Matters entrusted by the Board of Governors; (14) Other matters deemed appropriate by the President. Article 59-4. Matters concerning the Board of Governors and the Board of Executive Governors other than those set forth in this Articles of Association shall be stipulated in the Rules of this Federation. Article 60. The Auditors shall audit the accounts of this Federation. Article 61. 1. The President shall be elected from among the members being practicing attorneys, during February of the year in which the term of office of the then current President expires, by a vote of the members being practicing attorneys. There shall be no voting in case of only one candidate. 2. Unless the candidate shall have acquired the largest number of votes at such bar associations as shall be more than one third of all bar associations, he/she shall not be eligible for the President even if he/she has acquired the largest number of votes at the voting pursuant to the preceding Paragraph. 3. The largest number of votes in the preceding Paragraph shall not include the case where two or more candidates have the same number of votes. Article 61-2. 1. In case there is no successful candidate pursuant to the provisions of the preceding Article, revoting shall be taken with respect to the two candidates with major votes. 2. The provisions of Paragraphs 2 and 3 of the preceding Article shall apply mutatis mutandis to the revoting mentioned in the preceding Paragraph. Article 61-3. 1. In case the revoting pursuant to the preceding Article cannot take place due to the death of a candidate or other reasons, or in case there is no successful candidate after revoting, there shall be held another election. 2. The provisions of Article 61 hereof shall apply mutatis mutandis to such another election except the provisions relating to the time of election. Article 61-4. 1. The Vice-Presidents, Governors and Auditors shall be elected at the House of Delegates from among the members being practicing attorneys during March every year. There shall not be elected two or more Vice-Presidents at the same time from among the members who belong to the same bar association. 2. The Executive Governors shall be elected from among the Governors. Article 61-5. Necessary matters relating to the appointment of officers other than those prescribed in the preceding four Articles shall be prescribed in the Rules of this Federation. Article 62. The term of office shall be two years for the President and one year for the other officers and shall start from April 1 of the year in which they are appointed. Article 62-2. The resignation of the President shall become effective upon expiration of seven days after the date on which he/she submits the notice of resignation to the person who acts as President (hereinafter referred to as the ''Acting President'') or the person who should become the Acting President. Article 63. 1. In case of vacancy of an officer, there shall be appointed a new officer to fill the vacancy. Provided that there shall be no such appointment of the President if his/her remaining term of office is less than six months. Furthermore, there may be no appointment to fill the vacancy if the number of vacancies is up to three for the Vice-Presidents, up to ten for the Governors, or up to two for the Auditors. 2. The term of office of an officer appointed to fill the vacancy shall be the remaining term of office of his/her predecessor. Provided that such term for the President shall be until March 31 immediately after the expiration of one year from the date of public notice of the name of the successful candidate for the President. 3. Officers who retire upon expiration of the term of office shall perform their duties until the newly elected officers take office. Article 63-2. The election of the President to fill the vacancy shall be held within three months after the date of such vacancy. Article 63-3. The provisions of Article 61 (except the provisions relating to the time of election), Articles 61-2, 61-3, and 61-5 hereof shall apply mutatis mutandis to the election of the President to fill the vacancy. Article 64. 1. This Federation may have honorary members who are not members of this Federation upon recommendation of the Board of Governors. 2. The provisions relating to honorary members sh all be prescribed in the Rules of this Federation. Chapter VII. Qualifications Screening Article 65. 1. The Qualification Screening Board shall be set up with this Federation. 2. The Qualifications Screening Board shall be responsible for conducting a necessary review upon request of this Federation, in case an application is submitted through a bar association to this Federation for registration or for change in the registration in the roll of practicing attorneys, or in case a request is filed with this Federation for investigation pursuant to Paragraph 1 of Article 12-2 of the Law or in case an objection is filed pursuant to Paragraph 1 of Article 14 of the Law. 3. The Qualifications Screening Board in addition to its responsibility prescribed in the preceding Paragraph, may investigate the legal practice of the person who is qualified to become a foreign practicing attorney [including the person prescribed in Article 65 of the Law relating to the Special Measures in conjunction with the Return of Okinawa (Law No.129 of December 31 of 1971)] and review, upon request of this Federation, other matters relating to the qualifications of a practicing attorney. Article 66. The Qualifications Screening Board shall be composed of eight practicing attorneys, one judge, one public prosecutor and one academic expert. There shall be reserve members of the same number and with the same qualifications as prescribed hereinabove. Article 67. 1. No meeting of the Qualifications Screening Board shall be held or no resolution thereof be adopted unless the President and six or more members are present. 2. The resolution of the Qualifications Screening Board shall be adopted by the majority of the votes cast by the members present. In case of a tie, the President shall have a casting vote. Chapter VIII. Disciplinary Actions Article 68. This Federation shall notify publicly of any disciplinary actions imposed by a bar association or this Federation by advertising in an official gazette or in the journal of the Federation. Article 68-2. 1. This Federation may publicize the disposition taken as a disciplinary action, the main sentence of a judgment, the reason therefor or other matters prescribed in the Rules of this Federation. 2. In cases where a given case is brought to the disciplinary proceedings based on the provisions of Paragraph 2 of Article 60 of the Law or in other cases prescribed in the Rules, if this Federation considers it especially necessary to ensure the public trust toward this Federation, practicing attorneys and legal profession corporations, this Federation may publicize the summary of the case or other matters prescribed in the Rules even prior to the imposition of a disciplinary action by this Federation. 3. Matters relating to publication other than those set forth in the preceding two Paragraphs shall be stipulated in the Rules. Article 68-3. 1. Where a bar association impose a disciplinary action against its member attorney or legal profession corporation based on Paragraph 2 of Article 56 of the Law, the bar association shall without delay notify the Supreme Court, the Public Prosecutor General and other public offices designated in the Rules of that effect and the contents of the action, except for cases where the imposed disciplinary action was a reprimand. 2. Where this Federation impose a disciplinary action against its member attorney or legal profession corporation based on Paragraph 5 of Article 60 of the Law, the bar association shall without delay notify the Supreme Court, the Public Prosecutor General and other public offices designated in the Rules of that effect and the contents of the action, except for cases where the imposed disciplinary action was a reprimand. 3. Matters relating to notification other than those set forth in the preceding two Paragraphs shall be stipulated in the Rules. Article 68-4. 1. Where a bar association renders a decision not to discipline an Accused Attorney, Etc. (''Accused Attorney, Etc.'' means a practicing attorney or legal profession corporation being subject to the disciplinary proceedings. The same shall apply hereinafter.) pursuant to the provisions of Paragraph 4 or 6 of Article 58 of the Law, or where a bar association imposes a disciplinary action against an Accused Attorney, Etc. pursuant to the provisions of Paragraph 5 of the same Article, the bar association shall without delay notify in writing the disciplinary action requesting party of that effect and the reason therefor. 2. The notification mentioned in the preceding Paragraph shall include a statement to the effect that the requesting party is able to file an objection to this Federation within a period prescribed in Paragraph 2 of Article 64 of the Law; provided however that this shall not apply where the imposed disciplinary action was disbarment. Article 69. 1. The Disciplinary Actions Committee shall be set up with this Federation. 2. The mission of the Disciplinary Actions Committee is to conduct necessary inquiry when requested by this Federation in cases where an appeal for investigation is filed pursuant to the provisions of Article 59 of the Law, where an objection is filed pursuant to the provisions of Paragraph 1 of Article 64 with respect to a case that was formerly referred to the inquiry of the Disciplinary Actions Committee of the original bar association (the ''original bar association'' means the bar association to which the disciplinary action requesting party submitted a request for disciplinary action), or where the Discipline Maintenance Committee adopted a resolution to the effect that it is appropriate to seek the Disciplinary Actions Committee to inquire into the case pursuant to the provisions of Paragraph 3 of Article 60 of the Law. Article 69-2. The committee members of the Disciplinary Actions Committee shall be eight practicing attorneys, two judges, two public prosecutors and three academic experts, and the Committee shall also have the same number of reserve committee members who have the same qualifications as the committee members. Article 69-3. 1. The Disciplinary Actions Committee may neither hold a meeting nor adopt any resolution unless at least half of the committee members are present. 2. Resolutions of the Disciplinary Actions Committee shall be adopted by the majority of the committee members present at the Committee, or by the vote of the chairman in case where affirmative votes have equaled to dissenting votes. Article 69-4. 1. The Disciplinary Actions Committee may set up two or more sub-committees in order to inquire into cases. 2. Where sub-committees are set up with the Disciplinary Actions Committee, each sub-committee shall consist of four practicing attorneys, one judge, one public prosecutor and one academic expert who shall be appointed by the chairman of the Committee. 3. The provisions of the preceding Article shall apply mutatis mutandis to each sub-committee of the Disciplinary Actions Committee. In this case, the word ''chairman'' shall be read as ''sub-committee chief''. Article 69-5. 1. The Disciplinary Actions Committee shall have investigators. 2. The investigators shall conduct necessary investigations into the case that is the subject of the inquiry of the Disciplinary Actions Committee upon the order of the chairman (or the sub-committee chief in case of a sub-committee prescribed in Paragraph 1 of the preceding Article). Article 70. 1. The Discipline Maintenance Committee shall be set up with this Federation. 2. The mission of the Discipline Maintenance Committee is [1] to conduct necessary examination when requested by this Federation in cases where an objection is filed pursuant to the provisions of Paragraph 1 of Article 64 with respect to a case that was not formerly referred to the inquiry of the Disciplinary Actions Committee of the original bar association, [2] to conduct an investigation pursuant to the provisions of Paragraph 2 of Article 60 in cases where this Federation on its own motion bring the accused attorney or legal profession corporation to the disciplinary proceedings, [3] to conduct a necessary investigation in cases where having been requested by the Board of Discipline Review pursuant to the provisions of Paragraph 2 of Article 71-6 of the Law and [4] to otherwise preserve the discipline among practicing attorneys and legal profession corporations. 3. The committee members of the Discipline Maintenance Committee shall be twenty four practicing attorneys, two judges, two public prosecutors and two academic experts. 4. The Discipline Maintenance Committee shall have reserve committee members who are twelve practicing attorneys, two judges, two public prosecutors and two academic experts. Article 70-2. 1. The Discipline Maintenance Committee may neither hold a meeting nor adopt any resolution unless at least half of the committee members are present. 2. Resolutions of the Discipline Maintenance Committee shall be adopted by the majority of the committee members present at the Committee, or by the vote of the chairman in case where affirmative votes have equaled to dissenting votes. Article 70-3. 1. The Discipline Maintenance Committee may set up two or more sub-committees in order to investigate or examine cases. 2. Where sub-committees are set up with the Discipline Maintenance Committee, each sub-committee shall consist of four practicing attorneys, one judge, one public prosecutor and one academic expert who shall be appointed by the chairman of the Committee. 3. The provisions of the preceding Article shall apply mutatis mutandis to each sub-committee of the Discipline Maintenance Committee. In this case, the word ''chairman'' shall be read as ''sub-committee chief''. Article 70-4. 1. The Discipline Maintenance Committee shall have investigators. 2. The investigators shall conduct necessary investigations into the case that is the subject of the investigation or examination of the Discipline Maintenance Committee upon the order of the chairman (or the sub-committee chief in case of a sub-committee prescribed in Paragraph 1 of the preceding Article). Article 71. 1. The Board of Discipline Review shall be set up with this Federation. 2. The mission of the Board of Discipline Review is to conduct necessary review upon the request of this Federation in cases where an application for discipline review is filed pursuant to the provisions of Paragraph 1 of Article 64-3 of the Law. Article 71-2. 1. The Board of Discipline Review may neither hold a meeting nor adopt any resolution unless eight or more board members are present. 2. Resolutions of the Board of Discipline Review shall be adopted by the majority of the board members present at the Board, or by the vote of the chairman in case where affirmative votes have equaled to dissenting votes, except for cases where it adopts a resolution to the effect that it is appropriate to seek the Disciplinary Actions Committee of the original bar association to inquire into the case.. Article 71-3. The Board of Discipline Review shall have six reserve board members. Article 71-4. 1. The secretariat shall be set up with the Board of Discipline Review. 2. The secretariat shall conduct general affairs concerning the Board of Discipline Review upon the order of the chairman. Article 72. All practicing attorneys and legal profession corporations shall accept any request for cooperation with disciplinary proceedings that is made pursuant to those set forth in the Rules unless there is a justifiable reason. Article 73. Any necessary matters relating to disciplinary actions other than those set forth in this Chapter shall be stipulated in the Rules. Chapter IX. Standing Committees and Special Committees Article 74. This Federation shall have, in addition to those prescribed in the preceding two Chapters, the following Committees: (1) Human Rights Protection Committee; (2) Legal Apprentice Training Committee; (3) Judicial System Research Committee; (4) Practicing Attorneys Recommendation Committee; and (5) Election Supervisory Committee. Article 75. 1. The Human Rights Protection Committee shall be responsible, in order to protect fundamental human rights, for conducting investigation of the cases involving violation of human rights, extending relief and other appropriate measures to the persons whose human rights are violated, and, when necessary, through this Federation or upon approval of this Federation, for giving warning, applying for an action or rescission of an action, or taking measures of reprimand, to the parties concerned including government and public offices. 2. If any of the above-mentioned matters requires an immediate action, the chairman may take appropriate measures upon consultation with the President. 3. The Human Rights Protection Committee shall have twenty or more members. Article 76. 1. The Legal Apprentice Training Committee shall be responsible for reviewing and investigating the affairs relating to allocation, guidance and supervision of the legal apprentices at bar associations, assignment of instructing practicing attorneys, accounts of expenses and other related matters. 2. The Legal Apprentice Training Committee shall have fifteen or more members. Article 77. 1. The Judicial System Research Committee shall be responsible for conducting at all times continuous investigations and studies of the matters necessary for improvement and progress of the judicial system and for supervision and correction of application of the laws and regulations. 2. The members of the Judicial System Research Committee shall be twenty or more. Article 77-2. Where this Federation submits a recommendation or a report to governmental agencies with regard to the practices or other legal affairs of practicing attorneys or legal profession corporations, this Federation shall have had the Judicial System Research Committee adopt a resolution approving such recommendation or report in advance. Article 78. 1. The Practicing Attorneys Recommendation Committee shall be responsible for deliberation in selecting a practicing attorney or a legal profession corporation to be recommended by this Federation in case it is necessary to recommend a practicing attorney or a legal profession corporation pursuant to the laws and regulations, the request of government and public offices or the party concerned and other related persons. 2. The Practicing Attorneys Recommendation Committee shall have fifteen or more members. Article 78-2. 1. The Election Supervisory Committee shall be responsible for necessary supervision relating to the election of the President. 2. The Election Supervisory Committee shall have seventy-two members. 3. The members of the Election Supervisory Committee shall be appointed from among the members being practicing attorneys at the House of Delegates. 4. The term of office of the members of Election Supervisory Committee shall be two years and shall start from May 1 of the year in which appointment is made. 5. The provisions of Paragraph 1 (except the proviso thereof) and Paragraph 2 of Article 63 hereof shall, in case of vacancy of a member, and the provisions of Paragraph 3 of said Article shall, in case of the expiration of the term of office, apply mutatis mutandis respectively. Article 79. 1. The members of the Human Rights Protection Committee, Legal Apprentice Training Committee, Judicial System Research Committee and Practicing Attorneys Recommendation Committee shall be appointed from among the members being practicing attorneys by the Board of Governors. 2. The term of office of the members of each above Committee shall be two years, and one half of the members thereof shall be rotated every year. The term shall start from May 1 of the year in which appointment is made. 3. In case of vacancy of a member holding office, there may be appointed a substitute member to fill the vacancy. 4. The provisions of Paragraph 2 of Article 63 hereof shall, in case of a member to be appointed to fill the vacancy pursuant to the preceding Paragraph, and the provisions of Paragraph 3 of said Article shall, in case of expiration of the term of office, apply mutatis mutandis respectively. Article 80. 1. There shall be a chairman for each of the Human Rights Protection Committee, Legal Apprentice Training Committee, Judicial System Research Committee, Practicing Attorneys Recommendation Committee and Election Supervisory Committee (the foregoing Committees shall be hereinafter referred to singularly as each Committee). 2. Each Committee may have vice-chairmen when it is deemed necessary. 3. The chairman and vice-chairmen of each Committee shall be elected from among the members thereof. Article 81. Necessary matters relating to the organization and proceeding of each Committee other than those prescribed in the preceding two Articles shall be prescribed in the Rules or Regulations of this Federation. Article 82. 1. When it is deemed necessary, this Federation may have, upon resolution of the Board of Governors, a Special Committee which shall be responsible for specific matters. 2. Necessary matters relating to the organization, authority and proceeding of a Special Committee shall be prescribed in the Regulations of this Federation. Chapter X. Secretary General and Secretariat Organization Article 82-2. 1. This Federation shall have one Secretary General and one or more Deputy Secretary Generals. 2. The Secretary General shall manage the affairs of this Federation based upon the instructions of the President, and shall direct and supervise the staff of the secretariat. 3. The Secretary General may attend any meeting of this Federation and express his/her opinion. 4. A Deputy Secretary General shall assist the Secretary General and shall conduct the affairs as provided by these Articles and the regulations of this Federation. 5. Appointment and dismissal of the Secretary General and Deputy Secretary General shall be made by the President based upon the resolution of the Board of Governors. Article 82-3. 1. This Federation shall have the secretariat and shall have it manage the clerical affairs of this Federation. 2. The office organization of the secretariat shall be prescribed in the Rules or Regulations of this Federation. Article 82-4. 1. This Federation shall have Research Office, Public Information Office, and International Liaison Office. 2. Necessary matters relating to the Research Office and the Public Information Office and the International Liaison Office shall be prescribed in the Rules or Regulations of this Federation. Chapter XI. Legal Apprentices Article 83. This Federation shall be responsible for guidance and supervision necessary for the implementation of training at the bar associations which shall be in charge of training of legal apprentices. Article 84. The bar associations shall be responsible to allocate the assigned legal apprentices to suitable instructing practicing attorneys from among their members, and to have their character fostered and to have them trained for the practice required for a practicing attorney. Article 85. If a bar association finds that there is a ground for dismissal regarding a legal apprentice being trained at the bar association, it shall report immediately to this Federation. Article 86. Necessary matters relating to the training of the legal apprentices at the bar associations shall be prescribed in the Regulations of this Federation. Chapter XII. Fees of Practicing Attorneys and Legal Aid Article 87. 1. Legal fees of practicing attorneys shall be proper and appropriate. 2. Necessary matters relating to legal fees of practicing attorneys shall be stipulated in the Rules. Article 88. 1. The bar associations shall extend legal consultation and legal aid upon request of the indigent. 2. The bar associations shall, if such request in the preceding Paragraph is made, be responsible for appointing suitable practicing attorneys from among their members and to have them render an opinion, representation at litigation, criminal defense and other services. Article 89. The cost and expenses required for the legal consultation and legal aid as prescribed in the preceding Article shall be borne by the bar association concerned. Chapter XIII. Accounting, Assets and Dues Article 90. The fiscal period of this Federation shall start from April 1 every year and end on March 31 of the following year. Article 91. The expenses of this Federation shall be met by the revenue of dues, registration fees, donations and others. Article 92. The assets of this Federation shall be managed by the President. Article 93. The Auditors shall audit the accounts of revenues and expenditures, and shall report on the audit at the General Meeting. Article 94. Matters relating to the accounting and assets shall be prescribed in the Rules or Regulations of this Federation. Article 95. Each member being a practicing attorney shall pay to this Federation through the bar association to which he/she belongs, ¥14,000 per month as dues of this Federation. Article 95-2. 1. This Federation shall engage in the temporary disability compensation program to bring about lifestyle stability of members being practicing attorneys and promote their welfare by allocating thereto ¥450 out of the dues prescribed in the preceding Article. Matters relating to the temporary disability compensation program such as the kinds of compensation schemes, the amounts of benefits, the funds and others shall be prescribed in the Rules of this Federation. 2. This Federation shall allot the necessary funds, by allocating thereto ¥1,500 out of the dues prescribed in the preceding Article, in order to maintain and operate the building of this Federation, and matters necessary for funding the maintenance and operation of the building shall be prescribed in the Rules of this Federation separately. Article 95-3. 1. A member being a practicing attorney shall, in case special necessity arises, pay to this Federation through the bar association to which he/she belongs the special dues. 2. The collection of the special dues shall be resolved by the affirmative vote of at least two thirds of the delegates present at the House of Delegates after it is proposed thereto by the Board of Governors, setting forth the amount, the purposes, the duration and other necessary matters, with the votes of at least two thirds of the Governors present, and furthermore be resolved by the affirmative vote of at least two thirds of the bar associations and member practicing attorneys present at a General Meeting. Article 95-4. In the case where a member being a practicing attorney falls under any of the following categories, he/she shall be exempted from payment of the entire dues and special dues of this Federation upon application to this Federation through the bar association to which he/she belongs. (1) When a practicing attorney is a member of at least fifty years standing in total; (2) When a practicing attorney is seventy seven years of age or older and is a member of at least twenty years standing in total; or (3) When a practicing attorney is exempted from payment of the entire dues of the bar association to which he/she belongs on the ground that he/she is unable to continue his/her practice due to illness or injury. Article 96. Each bar association shall collect the dues as prescribed in Article 95 hereof and the special dues as prescribed in Paragraph 1 of Article 95-3 hereof from its members as of the end of each month and shall remit both dues to this Federation within two months. Article 97. In case a practicing attorney should become delinquent in the payment of his/her dues of this Federation and the special dues as prescribed in Paragraph 1 of Article 95-3 hereof for six months or more, disciplinary actions may be imposed pursuant to Article 60 of the Law, with the consent of the bar association to which he/she belongs. Chapter XIV. Special Member, Foreign Special Member and Quasi-Member Article 97-2. 1. A person who was a practicing attorney pursuant to the laws and regulations of Okinawa as of the previous day of the date of return of Okinawa (except the person who is qualified to become a practicing attorney pursuant to the provisions of the Law) and who joins Okinawa Bar Association and this Federation shall be a special member of this Federation. 2. Matters relating to special members in the preceding Paragraph shall be prescribed in the Regulations of this Federation. Article 97-3. 1. A person who is qualified as Gaikokuho-jimu-bengoshi under the Special Measures Law, and who joins the bar association of the place of his/her law office and this Federation, shall be called a foreign special member of this Federation. 2. Details for foreign special members shall be provided by the Rules of this Federation. 3. Details for the voting rights under Article 43 of the Special Measures Law shall be provided by the Rules of this Federation. Article 98. 1. A foreign practicing attorney qualified to practice the matters prescribed in Article 3 of the Law with approval of the Supreme Court based upon Article 7 of the former Law existing prior to the amendment enforced by the Law on Amendment of Part of the Practicing Attorney Law or Article 65 of the Law relating to the Special Measures in conjunction with the Return of Okinawa (Law No. 129 of 1971) or an approved foreign practicing attorney of Okinawa, each of whom joins the bar association of the place of his/her law office and this Federation shall be a quasi-member of this Federation. 2. Matters relating to quasi-members shall be prescribed in the Regulations of this Federation. Chapter XV. Amendments Article 99. 1. The amendment of these Articles of Association shall not be made unless it is resolved by the affirmative vote of at least two thirds of the delegates present at the House of Delegates after it is proposed thereto by the Board of Governors with the votes of at least two thirds of the Governors present and furthermore it is resolved by the affirmative vote of at least two thirds of the members being bar associations and practicing attorneys present at the General Meeting. 2. In case the amendment of these Articles relates to the matters specified in an item of Article 23 of the Special Measures Law, such amendment shall be adopted by two thirds or more of the votes of the total number of voting rights of the members being bar associations and practicing attorneys and foreign special members present at a General Meeting. Up Main Index |
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