JAPAN LAWYERS GUIDE 2018/19
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31JAPAN LAWYERS GUIDE 2018/19Arclesmanagement and that gain the understanding of the public, considering how similar acts are conducted in foreign countries.(ii)Services to conduct exchange trading involving trans-fer of a customer’s fund between the customer’s ac-count, accepting from and lending money to a cus-tomer and currency exchange (“Specied Financial Business”). In this context, the Banking Act is not applicable to Specied Financial Business (Article 76 (3) of the Act) and a Casino Business Operator may not charge interest through lending money (Article 85 (3) of the Act).Since only an Establishment and Operation Business Op-erator can obtain a license as a Casino Business Operator, the Establishment and Operation Business Operator and Casino Business Operator for an IR must be identical.C) Facilies Oering Business OperatorA Facilities Oering Business Operator is an entity which oers Establishment and Operation Business Operators the services to maintain (including installa-tion, repair and expansion) group of facilities that con-stitute an IR in an integrated manner in case the Es-tablishment and Operation Business Operator does not hold ownership of such facilities (Article 2 (6) of the Act). If a Facilities Oering Business Operator oers casino facilities for use, this requires a separate license from the Casino Administration Committee. Similarly to the Establishment and Operation Business Opera-tors, Casino Facilities Oering Business Operators are prohibited from engaging in any business other than the facility oering business of the IR, so this entity needs to be a SPC (Article 18 (2) of the Act).D) Right Holder over Underlying LandA Right Holder over Underlying Land is the entity that holds the ownership, supercies and other rights aimed to use and gain revenues from such rights or the rights aimed to acquire such rights with respect to the underlying land of the IR by obtaining authorization from the Casino Ad-ministration Committee (Article 2 (16) of the Act).E) Casino-related Devices ManufacturerA Casino-related Devices Manufacture is an operator conducting the business of manufacturing and selling or lending of Casino-related Devices by obtaining per-mission from the Casino Administration Committee (Article 142 (2) of the Act). F) Major ShareholdersEach Major Shareholder of the Casino Business Opera-tor will require authorization from the Casino Manage-ment Committee (Articles 58 to 60 of the Act). e threshold for this purpose will be, in summary, (i) 5 per-cent of voting rights; or (ii) 5 percent of the capital con-tribution (Article 2 (12) of the Act). e standards for receiving authorization are such person/entity (a) having sucient social credibility (Article 60 (1) of the Act), (b) having not committed crime, and (c) having no connec-tion with anti-social forces (Article 60 (2) of the Act),4.Policies and agreements that are of sig-nicance under the ActSince the purpose of developing the IR and legalising casino business is to promote domestic and foreign tour-ists to visit and stay in order to enhance vitality and seek sustainable development of the Japanese economy in re-sponse to falling population (Article 1 of the Act), there are policies which need to be followed as well as plans and agreements which are subject to certications.a.Fundamental Policiesese would be the overarching policies of the nation-al government with respect to the development of IR, which the Minister of Land, Infrastructure, Transport and Tourism shall set out (Article 5 of the Act). e Fundamental Policies are required to set out the fol-lowing matters:(i)Matters concerning the signicance and objectives of the development of IR Areas;(ii)Basic matters concerning measures to promote the development of IR Areas;(iii)Basic matters concerning the Establishment and Operation/Facilities Oering Businesses and their operators;(iv)Basic matters concerning Area Development Plan Certication;

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