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Toshio Ibaraki

Toshio Ibaraki is a member of Baker McKenzie’s Compliance & Misconduct Investigation Group and Dispute Resolution Group in Tokyo. Prior to joining the Firm, he worked at a major international accounting firm, where he gained experience in accounting audits at listed companies. From 2005 to 2007, Mr. Ibaraki was seconded to the principal investment department of a major Japanese securities company where he advised on a wide range of investment matters, including corporate restructuring investment and private equity investment. He was seconded to Baker & McKenzie.Wong & Leow in Singapore from June 2011 to August 2012, where he assisted Japanese companies with compliance and investigation matters in Southeast Asia.

The Ministry of Justice and the Ministry of Internal Affairs and Communications have recently approached certain foreign companies (in particular tech companies) and issued notices requiring that the company make a registration in Japan under the Companies Act.
In this article, we comment on this issue and provide our perspectives on the Japanese Companies Act, tax and other related laws and regulations such as the Telecommunications Business Act.

In June 2022, amendments to the Whistleblower Protection Act, which protects employees who have reported violations of certain laws specified in the WPA, are expected to come into force. Amongst other items, the Amended WPA includes a mandatory obligation for companies of a certain size to establish a whistleblowing system with the aim of ensuring the protection of whistleblowers.