(Business)
Article 1. The administrative scrivener shall be the person who prepares, as his occupation, documents to be presented to the public offices and other documents concerning rights and duties or certification of facts, at the request of another person obtaining the compensation for his work.
2 Where restricted by other laws to perform his business, the administrative acrivener shall not prepare even such documents as mentioned in the preceding paragraph.
(Qualification)
Article 2. Those who have passed the examination for the administrative scriveners under Article 4 shall be qualified to be administrative scriveners in the To, Do, Fu or prefecture concerned.
2 Those who come under any of the following items shall be qualified to be administrative scriveners in every To, Do, Fu or prefecture:
(1) Those who have been qualified to be Lawyers;
(2) Those who have been qualified to be Patent Attorneys;
(3) Those who have been qualified to be Certified Public Accountants;
(4) Those who have taken charge of administrative business as public service personnel of the state or local public entity for not less than eight (8) years (for not less than five (5) years in the case of the person who comes under the provision of item (1) of the next Article).
(Qualification to take Examination for Administrative Scriveners)
Article 3. Those who fall under any of the following items may take the examination for the administrative scriveners:
(1) Those who have graduated from the high schools under the School Education Law (Law No.26 of 1947) and others who are prescribed in Article 56 paragraph 1 of the same Law;
(2) Those who have taken charge of administrative business as public service personnel of the state or local public entity for not less than three (3) years;
(3) Those who have been recognized, in accordance with the prescription set by the governor of To, Do, Fu or prefecture as having the knowledge and ability equal or more than those mentioned in the preceding item.
(Examination for Administrative Scriveners)
Article 4. The governor of To, Do, Fu or pre fecture shall hold the examination for the administrative scriveners more than once a year.
2 The examination mentioned in the preceding paragraph shall be held in the knowledge and ability necessary for performing the business of the administrative scrivener.
3 A person who intends to take the examination for the administrative scriveners shall pay examination fee to To, Do, Fu or prefecture concerned, in accordance with the provision of Cabinet Order.
4 In addition to those prescribed in the preceding three (3) paragraphs subjects and procedures of examination and the other necessary matters for the examination of the administrative scriveners shall be provided for by the rules of the To, Do, Fu or prefecture.
(Causes of Disqualification)
Article 5. Those who fall under any of the following items, shall not be entitled to become the administrative scriveners:
(2) Incompetent persons or quasi-incompetent persons;
(3) Those who have been sentenced to an imprisonment or any heavier penalty and with whom two (2) years have not passed since the execution or the release from the execution;
(4) Public service personnel who have been dismissed as a result of the disciplinary disposition and with whom two (2) years have not passed since the date of dismissal;
(5) The scriveners whose registration has been cancelled in accordance with Article 14 paragraph 1 and with whom two (2) years have not passed since the date of the cancellation.
(Registration)
Article 6. To become the administrative scriveners the persons who have the qualifications to be the administrative scrivener shall register in the administrative scriveners'list kept by To, Do, Fu or prefecture where they are qualified as the scriveners, their addresses, names, date of birth, location of offices, and other matters stipulated by the governor of To, Do, Fu or prefecture.
2 A person who intends to be registered as an administrative scrivener shall pay the registration fee to the To, Do, Fu or prefecture concerned in accordance with the provisions of Cabinet Order.
3 The persons who have been registered as administrative scriveners in any of To, Do, Fu or prefecture may not be registered over again as administrative scriveners in another To, Do, Fu or prefecture.
4 Besides those provided for in this Law, the matters concerning application for the registration, alteration of the registered items, scriveners'list and other matters necessary for the registration shall be provided for by the rules of To, Do, Fu or prefecture.
5 The persons who have been qualified to be administrative scriveners under the provision of Article 2 paragraph 1 and have been registered as administrative scriveners may acquire the qualification as administrative scriveners in other To, Do, Fu or prefecture, upon she approval of the governor of said To, Do, Fu or prefecture, regardless of the provisions of Article 2 paragraph 1, only under unavoidable circumstances.
(The Deletion of Registration)
Article 7. The governor of To, Do, Fu or prefecture shall delete the registration of the administrative scriveners, in case the administrative scriveners registered come under any of the following items:
(1) In case they come under any of the causes mentioned in items (2) to (5) inclusise of Article 5;
(2) In the case where a person has registered as the administrative scrivener in the To, Do, Fu or prefecture concerned upon having obtained the approval of governor of other To, Do, Fu or prefecture in accordance with the provision of paragraph 5 of the preceding Article;
(3) In the case where the notification to give up the business is received;
(5) In case they have been registered violating the provision of paragraph 3 of the preceding Article.
(Business Office)
Article 8. The administrative scrivener shall establish his office in To, Do, Fu or prefecture where he has been registered as administrative scrivener. The office shall be one in number.
2 The administrative scrivener may establish the branch office only in the case where he has obtained the approval of the governor of To, Do, Fu or prefecture.
(Compensation)
Article 9. The amount of compensation which administrative scrivener may receive shall be provided for by the governor of To, Do, Fu or prefecture.
2 An administrative scrivener shall not, with regard to his business, accept a compensation exceeding the amount prescribed in the preceding paragraph.
3 The administrative scrivener shall exhibit the amount of compensation at the place easily visible in the office or branches.
(Preparation and Preservation of Ledgers)
Article 10. The administrative scrivener shall prepare the ledgers concerning his business and enter therein the name and date of each of the cases, the amount of compensation which he receives therefor, the name and address of the client, and other matters provided for by the governor of To, Do, Fu or prefecture.
2 The administrative scriveners shall preserve the ledgers mentioned in the preceding paragraph, together with the other documents concerned for one year after the ledgers are officially closed. The same shall apply to the ledgers and the other documents concerned in the case where he has ceased to be an administrative scrivener.
(Duty to Accede to a Request)
Article 11. Except the case where there exists a justifiable reason, the administrative scrivener shall not refuse the request.
(Duty to Keep Secret)
Article 12. Without justifiable reasons the administrative scrivener shall not betray the secret pertaining to his client's case which he handled. The same shall apply even after he has given up his status of the scrivener.
(Examination by Entrance)
Article 13. If the governor of To, Do, Fu or prefecture deems it necessary, he may order a competent official to enter the administrative scriveners'offices or branch offices and examine the ledgers and the documents pertaining to their business during the time except the time from sunset till sunrise.
2 In the case mentioned in the preceding paragraph, the governor of To, Do, Fu or prefecture, shall have the competent official carry with him a certificate showing his status.
3 The official concerned, in conducting the examination by entering as mentioned in paragraph 1, shall show the person concerned the certificate showing his status.
4 The power to examine by entering the offices under the provision of paragraph 1 shall not be interpreted as a power recognized for criminal searching.
(Dispositions such as Cancellation of Registration, etc.)
Article 14. In case the administrative scrivener contravenes this Law, any order or regulation based on this Law or the dispositions of the governor of To, Do, Fu or prefecture, or in case he has committed a serious misconduct unsuitable to an administrative scrivener, the governor of To, Do, Fu or prefecture may take disposition mentioned in any of the following items:
(1) Suspension of the business for a period not exceeding one year;
(2) Cancellation of the registration.
2 In case the governor of To, Do, Fu or prefecture intends to take the disposition mentioned in the preceding paragraph, the governor of To, Do, Fu or prefecture shall demand the presence of the administrative scrivener concerned or his agent and shall hold the public hearing.
3 In the case mentioned in the preceding paragraph, the governor of To, Do, Fu or prefecture shall notify the administrative scrivener concerned of the cause for the disposition as well as date and place of the hearing, one week in advance from the date and shall make public notification of the date and place of the hearing.
4 At the hearing the administrative scrivener concerned or his agent may vindicate the accused and present the evidence.
5 In case the administrative scrivener concerned or his agent failed to attend the hearing without justifiable reason on the day of hearing, the governor of To, Do, Fu or prefecture may take the disposition mentioned in paragraph 1, without holding the hearing.
(The Administrative Scriveners'Association)
Article 15. The administrative scriveners may, upon setting up the regulations, establish an administrative scriveners'association in each area of To, Do, Fu or prefecture.
2 The purpose of the administrative scriveners'association shall be to perform the business concerning the guidance of and liaison between its members, in order to maintain the dignity of the administrative scrivener, and to improve and promote the business.
(The Regulations of the Administrative Scriveners Association)
Article 16. The regulations of the administrative scriveners'association shall include the following items:
(1) Name and address of the office;
(2) Provisions concerning the representative of the association and other executive members;
(3) Provisions concerning the conference;
(4) Provisions concerning the accounts;
(5) Provisions concerning the maintenance of dignity of the administrative scriveners;
(6) Provisions concerning other important business of the administrative scriveners'association.
(Member of Administrative Scriveners'Association)
Article 17. A scrivener who has his office within the jurisdictional area of an administrative scriveners'association may become a member of the said scriveners'association.
(Federation of Administrative Scriveners'Associations)
Article 18. Administrative scriveners'associations may, setting a regulation of the federation, establish a federation of administrative scriveners'associations on a national unit to carry out, in cooperation, specific matters.
(Control of Persons other than Scriveners)
Article 19. No person who is not an administrative scrivener shall conduct the business provided for in Article 1 as professional business. However, this shall not apply for the cases provided for otherwise by other laws or the cases where the business is conducted incidentally to proper business.
2 No person other than administrative scrivener shall use the title of"administrative scrivener"or other names liable to be confused.
(Entrusting to Prime Minister's Office Ordinance)
Article 20. Besides those provided for by this Law, necessary matters concerning the execution of administrative scriveners'business, administrative scriveners'associations and federation thereof shall be provided for by Prime Minister's Office Ordinance.
(Penal Provisions)
Article 21. A person who violated the provision of Article 19 paragraph 1, shall be punished with a penal servitude not exceeding one (1) year or with a fine not exceeding ten thousand (10,000) yen.
Article 22. A person who violated the provision of Article 12 shall be punished with a penal servitude not exceeding six (6) months or with a fine not exceeding five thousand (5,000) yen.
2 No prosecution shall be taken for the offence mentioned in the preceding paragraph unless the complaint has been brought out.
Article 23. A person who comes under any of the following item shall be punished with a fine not exceeding five thousand (5,000) yen:
(1) A person who violated the provisions of Article 9 paragraph 2, Article 10 or Article 11;
(2) A person who refused, disturbed or evaded the examination of the competent official under the provision of Article 13 paragraph 1;
(3) A person who violated the provision of Article 19 paragraph 2.