Extra edition No.3 Okavango Delta

I had planned to spend New Year Vacation in Okavango Delta.
But, I had to abandon it because, unfortunately, I am unable get the lodge booked in time.

Okavango is a vast delta in Botswana.
In Angola Plateau, the rain which continued during rainy season is gathering into Okavango River. It takes five or six months to run and reach this delta in Botswana, and flood it with water just like a giant hand during the height of the dry season.
And, at the end, it sanks into the Kalahari Desert and disappears, without pouring into the sea.

It is the last paradise for wildlife called “A Jewel of Kalahari”.

I have been there on August, 1998 with my family. The lodge was “Nxamaseri Lodge”, as if is floating in the serpentine river.

Of course, it was very nice. It was another world.

Japanese Law No.2 The Real Estate Registration of Inheritance in Japan by Americans’ Will

One day in July, I received a request from a Bengoshi Lawyer(Attorney-at-Law).
She asked me to determine whether the real estate registration of inheritance by a will is possible.

I passed my eyes over this will and I knew as follows:
1. It has been created by a man domiciled in the city of Detroit, State of Michigan, when he was in State of Oregon.
2. There have been signatures of two witnesses in it, but
3. There is no certification of acknowledgment of notary public,
4. The will texts have been typewritten and some texts of it have been blacked out and instead some handwritten sentences have been added to it.

I lost no time in investigating State of Michigan law and made sure the will was valid, and I considered carefully and concluded that the registration is possible as long as the successor was granted “kennin” of the will (as I mentioned on Oct.14th, 2008《Japanese Trust Law No.1》) by Japanese Family court under Japan-U.S. substantive law and conflict law.

This week, I’ve just submitted the application for registration online.
I want the person in charge to finish the registration procedure quickly before this year comes to a close.

Extra edition No.2 I'm tied up.

I have been tied up all this month.

I came to serve on the Comparative Legal System Research Committee, which is the committee of Shiho-Shoshi Research Institute in Japan Federation of Shiho-Shoshi Associations(the Association).
I will research the real estate law system Maybe in California and New York.

On short notice of the different organ in the Association, I had to research the lawyer’s ethics in above two states and report.

It was the biggest benefit of this month for me to be lectured about self-declaration of trust by Professor Hiroyuki Kansaku, of University of Tokyo, although he is specialized in commercial trust.
I was impressed with his lecture that was backed up by historical fact and philosophy.It helped me solve two important problems in Japanese Trust law.

Japanese Trust Law No2 Self-Declaration of Trust

There is no probate procedure in Japan as I mentioned on Oct.14th, 2008(Japanese Trust Law No.1).
Therefore some lawyer takes the ground that, in most cases, the self- Declaration of Trust is not needed and just the written will suffice as estate planning except Japanese springing power of attorney for finance (Seinen-Koken-nin).
But, the property management function of trust is very useful and they are with me on that.

A college professor said, “In order for the trust property to be managed flexibly, the self-Declaration of Trust may be needed, if the settler is appropriate to the property manager.” （in a Judicial Affairs Committee on Oct.31,2006）.

Japanese Law No.1 General Incorporated Association

The law of General Incorporated Association and Foundation（hereinafter the “New Law” ）is slated to come into effect in December 1, 2008. The General Incorporated Association (hereinafter the “GIA”) has attracted Japanese Lawyer’s attention as second vehicle for setting up business because of the simplicity, inexpensive and flexibility.

The GIA is different from the “Kabushiki-Kaisha”(hereinafter the “K.K.”) in the following respect.

1. The GIA is not allowed to aims for the distribution of dividend or residual property.
2. As a result, the provision of the Articles of Incorporation which entitles the member or incorporator of the GIA to receive dividend or residual property is not effective.There are no provisions of capital and member’s equity in this New Law in the first place. But, instead, the GIA can pay remuneration for directors like the K.K.
3. Moreover, there is no restriction on the nature of business: The GIA can do not only commercial activity but also unprofitable activities and public-interest activities unlike in the case of the K.K.

The New Law was enacted as part of the“Public-Interest Corporation Reform" to dissociate the incorporation of the GIA from the authorization of "Public Interest Incorporated Assotiations" (hereinafter the "PIIA"), and allow the association in question to acquire a legal status as a corporation only under the New Law by registration in the Legal Affairs Bureau(General Incorporation).

If the GIA in question want above authorization, the GIA will be able to apply for the authorization any time after incorporation, to be granted it under certain condition and to become the PIIA. 〔Act on Authorization of Public Interest Incorporated Associations and Public Interest Incorporated Foundations(Act No.49 of 2006 )〕 This will grant the GIA certain tax benefits.

But Any GIA may not merge or consolidate with any K.K. Any GIA may not convert to any K.K. and vice versa. It is still now thought that they differ fundermentally in structure in Japan.

Extra edition No.1 The Migration of the wildebeest and zebra in Masai Mara

I have been to Masai Mara Reserve in Kenya on vacation in September with my husband to watch the large herds of Wildebeest and Zebra which migrate from Tanzania's Serengeti National Park to this Masai Mara Reserve and cross the Mara River.

We’ve stayed at “Mara Serena Lodge”. Its accommodation charges are relatively low and it provide easy access to Savanna, and on top of that it has a great view. But I was a little uncomfortable because of the fairly-tale small room.

We were impressed with the dynamic scene that a large number of wildebeests swinging their shiny mane and tail were moving as if they blended in with earth. They seemed to be circulating around the body called Savanna like the blood and lymph. I think this travelling actually improves the valuable savanna metabolism.

The herds of zebras which scare easily were going back and forth on the bank of Mara River. That was a short drama. They were stuck at the edge of the water, after a while, turned back to safe ground. They just browsed there to calm their restless. We thought their migration was finished. But in the next moment, one of them started running toward the river. But…. We just a bit identified ourselves with them.
They build up the psychological energy while coming and going, and finally little something trigger them crossing the river. That should be great spectacle. No wonder, speaking of migration, it bring “Crossing Mara River” to mind.

Recently, during the migration, there are many regulations in Masai Mara Reserve. The Rangers step up patrols. Our guide has paid a fine of 2000KES before for off-roading. The following is a part of a Park Rules which we received from the conservation activities.

1. No off-roading in the river zone. From Mara Bridge to Oloololo Gate is a graded road that runs closely to the river. Under no circumstance must you off-road between this road and the river.



2. Keep to graded roads and cut tracks. Outside of the River Zone you are not allowed to off-road in the Mara Triangle unless you have a confirmed sighting of one of the Big Five. Only in this instance can you leave the road or track at the nearest point to the sighting, and then approach no more than 25 metres (five vehicle lengths) to the animals. Always return to the track by the way that you came.

Japanese Trust Law No.1 Welfare-oriented Trust

On September 30 last year the Japanese New Trust Law has become effective, and also this fall(9/30), the part of the law, “self-declaration of trust” which had been postponed for a year, has come into effect.
In Japan there are great hopes that the trust spread among people as “The Welfare-oriented Trust” that means the management of property for elderly adult, impaired person and physically challenged.
I understand that the declaration of trust is widely used as the Living Trust among US citizen mainly for avoiding probate and that the trusts also provide the other important advantages which the Restatement mentions.
But In Japan there isn’t the probate procedures; there is nothing beyond the closed-door verification procedure of written will, called “Kennin”, which is independent of the validity of the will in question. It doesn’t take so much time and money.
In order to take advantage of the trust, above advantages are reviewed and examined in consideration for the present social conditions in Japan.