Kabushiki kaisha (jap. wrtl. "“Corporation"” Abk.: K.K.) is a type of restaurant economics under Japanese right.

Linguistic usage

The discussion of the word depends on the location in Japan. Both discussions kabushiki kaisha and the rendaku form kabushiki gaisha are generally used, but the discussion with "“K"” is more usually for the names of enterprises and in English-language legal literature, the discussion with "“G"” is more usual in the Japanese.

In the Japanese can be placed in front or attached "“kabushiki gaisha"” e.g.: Kabushiki Gaisha Dentsu or Toyota Jidosha Kabushiki Gaisha). It is often shortened with the first character"” "“.

Many Japanese enterprises translate the cliche "“kabushiki kaisha"” as "“CO., Ltd."” while other amerikanisierte translations such as corporation or Incorporated use. English texts often refer to kabushiki kaisha as "“joint stick of companies"”. While this approximates a literal translation of the term, these terms are contentwise not identical. Therefore the Japanese government uses today "“business corporation"” as official English designation.

History

First kabushiki kaisha was formed the roofridge National Bank OF Japan, for 1873.

The today's kabushiki kaisha are adjusted by the Japanese commercial code, whose regulations decrease/go back to enterprises to the time of the American Okkupation Japan and are based on the Illinois Business corporation act of 1933. Although the law was amended in the following years, to have kabushiki kaisha still the some courses of American societies of the Vorkriegszeit.

At the 29.Juni, 2005 passed a new law the Japanese parliament, (kaisha ho or enterprise law), which stepped on 1 April 2006 into force. The new law has large influence on the education and work of K.K and other Japanese economic organizations and brings closer these on to the today's counterparts in the USA.

Education

Under the old law needed kabushiki kaisha a starting capital of 10 million Yen (about 87000 US$). Although into the 1980ern seven partners were demanded, a K.K needs today only a partner, who can be a person or a society. The main difficulty the establishment of a K.K is the explanation of their enterprise purpose, since Japan does not permit a strict ultra vires doctrine pursued and therefore that one creates K.K for "“each purpose"”, as this is possible in the largest part of the English-language world. Often therefore legal or administrative writers are consulted, in order to sketch the enterprise purpose for the establishment articles of the enterprise.

Before the registration at the government a K.K had to deposit the deposited capital after old right into a special blocked account with a bank. The bank issued a certificate over the deposit hokan shomeisho) for the government and the K.K had the registration tax (0.7% of the deposited capital, at least however 150000 Yen) to pay.

The new enterprise law eliminated this process, lowers the registration tax and reduces the necessary capital stock to 1 Yen. Thus the establishment of a K.K costs. 240000 Yen (approx. 2000 US$) at taxes and registration fees. However only societies with a capital of over 3 million Yen Dividenten may spend after the new law.

The new enterprise law permits also the education to a K.K as a closed society hikokai kabushiki kaisha}}, at which the executive committee each transfer of portions between the shareholders must agree. The determination of a closed society must be defined in the establishment articles of the enterprise.

Structure

Executive committee

Under the old right a K.K an executive committee had torishimariyaku dock from at least three persons to possess. The directors had one term of office of 2 years and AUDI gates of 4 years. The legal firm head is a leading director daihyo torishimariyaku), who possesses the seal of the enterprise. At least one of the directors and the leading director Japanese citizens must be.

After new right these claiming are somewhat loosened. Closed K.K needs only a director, who must not have a fixed term of office.

Supervision and report obligation

Each K.K must have at least AUDI gate kansayaku). K.K with a capital of more than 500 million Yen, commitments of over 2 billion Yen and/or publicly acted securities must have at least 3 AUDI gates and an annual examination by an external, certified Certified Public Accountant accomplish. Public K.K is subject also to a report obligation to the Treasury.

Under the new law public and other not-closed K.K can possess either either AUDI gate or a Ernennungskommitte shimei iinkai), Auditierungskommitee kansa iinkai) and a Kompensationskommitee hoshu iinkai), a structure similarly the American public corporation. Closed K.K can combine the functions of the director and the AUDI gate independently of the capital and the commitments also in a person.

To AUDI gates report to the shareholders and are entitled to demand financial and operational reports from the directors to.

Positions in management

The Japanese right does not determine positions in management, so that the titles and tasks of the high-level personnel can differ between the enterprises strongly.

Taxation

Kabushiki kaisha are, as in most countries, the subject of the double taxation of profit and dividends. Contrary to other countries Japan raises the double taxation on closed societies (yugen kaisha and godo kaisha). That makes the taxation in Japan the boundary problem, if it concerns the decision for the correct form of business organization. There all publicly acted enterprises of the K.K. -, Often select small businesses follow structure the form of a K.K., in order to appear more important.

Additionally to the income taxes the K.K must to additionally local taxation uniquely a registration tax to the government pay and can be subject.

See also

• Yugen kaisha
• Godo kaisha
• Gomei kaisha
• Goshi kaisha

Articles in category "Kabushiki kaisha"

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