Japan FSA Finalizes Amendments to the Article 63 Exemption - February 05, 2016

Morgan, Lewis & Bockius

Description

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 certified public accountants, as well as affiliated companies with presences in Japan, financial 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 filing 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 filed 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 notifications 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 Copyright 2016 Morgan, Lewis & Bockius LLP | All rights reserved .