In Japan, it is understood that the Articles 27 and 72 below do not allow the attorneys to receive the collection cases referred by collection agents. Therefore, the creditor-client itself or the collection agent on behalf of the creditor shall entrust the collection to an attorney. All the collected money has to be remitted by the debtor to us first and, after deducting our fee and others, if any, the remaining money will be transferred to the bank account of the creditor-client itself or the other person/entity designated by the creditor-client.
We would like the forwarders to understand our legal situation above and to change slightly their business schema so that we do not violate those regulations.
(Prohibition Against Collaboration with Non-Attorneys)
Article 27 An attorney must not undertake any cases referred by a person who is in violation of any of the provisions of Articles 72 throgh74, or allow these persons to utilize their name.
(Prohibition of the Provision of Legal Services by Non-Attorneys)
Article 72 No person other than an attorney or a legal professional corporation may, for the purpose of earning compensation, engage in the legal services such as provision of an expert opinion, representation, mediation, or settlement of the case for which an appeal is filed with the administrative authority, including a request for administrative review, objection, request for re-examination or other general legal cases, or may engage in mediation services related to these cases; provided, however, this does not apply if otherwise provided in this Act or other laws.