1. MLA license legal access conditions and operational substantive requirements
Legal personality and internal governance
The applicant must be a legally established corporation。The organization must establish internal policies that comply with Japan’sComprehensive Supervision Guide for Financial Instrument Business Operators》Risk Management Framework、Business control specifications and compliance assessment mechanism,To prevent excessive borrowing and illegal debt collection。
statutory net worth bottom line
in accordance with"Gold Loan Industry Law",The applicant entity must possess and maintain at all times no less than 5000 Own net assets of 10,000 yen。The source of funds must be legally traceable,It is strictly prohibited to include debt financing projects in the calculation of compliant net assets.。
Legal full-time business director
Mandatory localization requirements。In every business office,Every full 50 practitioners,Must configure at least 1 A full-time "loan business acquisition director" who has passed Japan's national qualification examination and completed legal registration。
Executive qualification review (Fit and Proper)
Implement strict negative element review。Core executives and shareholders must prove that they have no record of bankruptcy and non-restoration of rights.、No criminal history related to financial crimes,And there is absolutely no connection with transnational or local anti-social forces (such as organized crime groups)。
2. List of Exclusive Review Files for Foreign-Invested Entities and Foreign Executives
"Foreigner's Affidavit to Proof of Personal Status":Because foreigners do not have a “Certificate of Identity” from their place of residence in Japan,The substituted oath must be submitted in accordance with the law,Declaration of no bankruptcy and no criminal record。
Official photo ID:Mandatory submission of executive passport (Passport)、Color copies of residence card or alien registration certificate for background verification。
Certificate of compulsory recording of nationality:The "Copy of Resident Registration" submitted by residents in Japan must clearly indicate nationality.;Overseas residents must provide equivalent proof of residence issued by their home country。
Requirements for daily translation of foreign language materials:All non-Japanese supporting materials and company documents generated due to foreign investment background,An accurate Japanese translation must be attached for review by the Executive Office in accordance with the law.。
Penetrating AML and Antisocial Censorship Files:The overseas parent company and actual controller (UBO) structure must be disclosed,Prove that it is not controlled by any anti-social forces and financial interference。
3. MLA license statutory application and administrative review procedures
Stage one:Corporate establishment and capital in place (about 3-5 week)
Establish a company (KK) in Japan according to law。Fully paid registered capital,Establish a compliant business office,and complete no less than 5000 Financial capital verification of net assets of 10,000 yen。
Stage 2:Compilation of case files and signing of oath (about 4-6 week)
Hong Kong Huitong prepares internal supervision rules and business control documents on your behalf。Guide foreign senior executives to complete the signing and Japanese translation and notarization of alternative identity certificates such as the "Oath to Proof of Personal Status for Foreigners"。
Stage three:Formal submission and substantive penetration review (2-4 months)
Officially submit a registration application to the local finance bureau of the jurisdiction。The Executive Office launches compliance hearings on foreign investment backgrounds,Focus on checking overseas financial criminal records and involvement of anti-social forces。
Stage four:Licensing and statutory system access (about 4 week)
After passing the review and paying the license tax,Obtained the registration number of "Financial Loan Operator"。Join the Japan Gold Lending Association in accordance with the law,And access designated credit information agencies (such as JICC) to fulfill total regulatory review obligations。
4. Japanese MLA license statutory fees and capital elements
| Check category | Analysis of statutory regulatory standards and amounts |
|---|---|
| statutory net worth bottom line | 5000 Ten thousand yuan。a hard financial threshold,Capital verification certificate must be produced when applying,And continue to maintain it during the license period。 |
| Registration license tax | After approval,Must be paid to the Ministry of Finance of Japan in accordance with the law 15 Ten thousand yuan statutory registration license tax。 |
| Gold Loan Industry Association membership dues | Membership fees and annual regular membership fees are billed in a tiered manner based on the company's "loan balance scale",Used to maintain industry self-discipline and data reporting mechanisms。 |
| Legal agency and compliance costs | Covers corporate establishment、Agency processing of executive background certificates、Notarized translation of case files and agency services for administrative hearings,Evaluate depending on the complexity of the case。 |
5. Trigger deal rejection (Refuse to approve) absolute red line
Overseas Financial Crime Penalties: Foreign executives in the past 5 During the year, due to violation of the "Gold Loan Business Law" of the country where the country is located, which is equivalent to Japan's、The "Investment Contribution Law" and other regulations are subject to equivalent fines or higher penalties,Directly trigger rejection requirements。
Anti-social forces implicated: Penetrating review,Discover the overall structure of the enterprise、The parent company or actual controller is controlled by or associated with a transnational or local organized criminal group (anti-social force)。
Alternative file defects: Foreign executives failed to submit the "Oath to Proof of Personal Status of Foreigners" in compliance with regulations,Or the nationality record is intentionally omitted from the residence document (such as a copy of the resident record).。
6. Industry compliance trends and regulatory frontiers
- Compliance operational requirements
Total amount regulation and loan assessment:According to the current "Gold Loan Industry Law",moneylenderMandatory access to designated credit information systems (such as JICC),Strictly implement the "total amount regulation":That is, no loans may be granted to individuals that would cause their total unsecured borrowings to exceed one-third of their annual income.。
- Administrative regulatory benchmarks
Strengthen supervision and guidance:According to the "Comprehensive Supervision Guidelines for Financial Instrument Business Operators",FSA Strengthened internal control audits of licensed institutions,Ensure that the lending interest rate does not violate the legal upper limits of the Capital Contribution Act and the Interest Restriction Act。
7. Practical Legal Questions and Answers (FAQ):Analysis of legal conditions and core pain points
According to the "Gold Loan Industry Law",Approved "financial loan operators" are entitled to legally engage in corporate financing in Japan、Consumer Installment Loans and Mortgage Financing Franchises,Protected by Japan’s financial regulatory system。
permitted by law。Japan implements unified substantive access standards for domestic and foreign investment。However, foreign-invested enterprises and foreign executives must undergo special substitution certification review and parent company penetrating due diligence.。
The applicant entity must possess and maintain at all times no less than 5000 Own net assets of 10,000 yen。And the funds must not be in the nature of borrowing。
Legal compulsion。In every business office,Every full 50 practitioners,Must be configured at least legally 1 A full-time "loan business director" who passed the national qualification examination。
Alternatives available under the law。A sworn "Affidavit for Proof of Foreign Personality" must be submitted to the Executive Office.,This document proves in writing that he has no bankruptcy and no criminal record。
A color copy of an official ID with a facial photo (such as a passport) must be submitted、Residence card)。If you submit a "Copy of Resident Record",The certificate must clearly record his or her true nationality.。
Mandatory requirements。Background check certification materials and company articles of association that cannot be prepared in Japanese due to special circumstances of foreign investment,Must be accompanied by an accurate Japanese translation for substantive review。
After the case files are completed in accordance with the law and submitted to the competent financial bureau,The statutory review time usually requires 2 to 4 months。Foreign-funded entities involved in overseas data penetration review,The total cycle may be moderately extended。
Core red lines covered:Insufficient net worth、Dominated by anti-social forces、Executives have been punished overseas for violating similar financial regulations in the past five years,and the submitted alternative identity document was false.。
The legal validity period for Japanese loan gold industry registration is 3 Year。before expiration 2 months,Institutions must submit an application for renewal of registration (license renewal) to the regulatory agency in accordance with the law and accept review。
Mandatory provisions of the "Gold Loan Industry Law",A licensed lender may not make loans to an individual that would result in his or her total unsecured borrowings exceeding one-third (1/3) of his or her annual income.,to prevent over-borrowing。
Implement in-depth cross-border anti-money laundering (AML) penetration checks。Supervision not only checks local records in Japan,Pay more attention to the overseas compliance status and financial network of corporate parent companies and ultimate beneficiaries.。