Thus, as long as the regulators can immediately and adequately communicate with an offshore Article 63
Exemption Operator through such Japan representative, any person who is a resident in Japan may serve as
the Japan representative for the offshore Article 63 Exemption Operator.
The Responses also noted that appropriate professional service providers, such as lawyers and certiï¬ed
public accountants, as well as affiliated companies with presences in Japan, ï¬nancial instruments, business
operators, independent advisers, and translators may be appointed to serve as a Japan representative of the
offshore Article 63 Exemption Operator.
MARCH 1, 2016 EFFECTIVE DATE
According to the Japan FSA, the Amendments will take effect on March 1, 2016, and any new applicants
ï¬ling under the Article 63 Exemption subsequent to March 1, 2016, and any existing Article 63 Exemption
Operator that starts solicitation on or subsequent to March 1, 2016, must do so under the new regime.
Existing Article 63 Exemption Operators can continuously provide self-management services to existing
clients. However, please note that, with respect to those Article 63 Exemption Operators that have ï¬led
prior to March 1, 2016, there is a grace period lasting until August 31, 2016, in which Article 63 Exemption
Operators must supplement any existing notiï¬cations with respect to the additional information required
by the Amendments.
he Tokyo investment management practice of Morgan, Lewis & Bockius LLP/Morgan, Lewis & Bockius Law
Offices (Foreign Law Joint Enterprise) is currently reviewing the Responses in greater detail and expects to
issue further LawFlashes on this topic later in February.
CONTACTS
If you have any questions or would like more information on the issues discussed in this LawFlash, please
contact any of the following Morgan Lewis lawyers:
Tokyo
Christopher P. Wells
Tomoko Fuminaga
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