When a foreign company invests to establish a company in Japan, an Affidavit must be prepared based on the company’s certificate of incorporation, Articles of Incorporation, and other relevant documents, which must be duly notarized.

As a general rule, the Affidavit must be notarized either by a notary public located in the home country of the foreign company, or by the embassy or consulate of that country located in Japan. An Affidavit notarized by the embassy or consulate of the relevant country located in a third country, or by a notary public in a third country (such as the country where the representative resides), cannot be used for registration with the Legal Affairs Bureau in Japan.

Only a person with representative authority for the foreign company (e.g., the CEO) may sign the Affidavit and have it notarized by a notary public in the home country. An employee or agent who does not possess such authority cannot be the affiant.