[Construction Business License] With experience equivalent to that of an executive officer of a foreign corporation, we successfully obtained ministerial certification!
Posted: May 2024, 11
In response to a request from a foreign corporation, our company obtained "Ministerial Certification" for full-time officers, etc. (※) for construction business licenses in November 6.
* Also known as the "person responsible for managing management operations" or "management manager."
■ What is Ministerial Certification for Economic Management?
The procedure for ministerial certification (regarding financial management) is, roughly speaking, an application to have it certified that your management experience with overseas construction companies is sufficient to become a financial manager for a Japanese construction company.
The hurdles of this certification process vary greatly depending on the content of the "management experience at an overseas construction company."
Once you have obtained a local "construction business license" overseas, if you are a "registered officer (e.g. director)" of the overseas corporation in question, this can be explained by licenses and registration information, making the process relatively simple.
This is a procedure to receive certification that the requirements for construction management are equivalent to "(7)" in the article (Article 1, Paragraph 1 of the Construction Business Law Enforcement Regulations) that lists the requirements for construction management.
There have been cases in the past where certification as equivalent to "(i)" has been obtained, but this time our company obtained ministerial certification for requirement "(i)1."
(According to a Ministry of Land, Infrastructure, Transport and Tourism official, there is no precedent for this.)
■ Challenge application with experience equivalent to that of an executive officer of an overseas corporation
The construction company in question asked us whether he could be promoted to general manager based on his experience as a general manager, a position equivalent to an executive officer in Japan, rather than as an officer on the registered register of the overseas corporation, even though he held a local "construction business license" overseas.
If the application is made by someone other than a director (such as an executive officer), the application procedures become much more complicated and the hurdles become higher.
This is because it is necessary to demonstrate, based on facts and documents, that "the person performed duties equivalent to those of an officer (duties related to management)" not only by submitting a certified copy or a construction business license, but also by using board of directors minutes, organizational charts, company regulations, etc.
Therefore, we thoroughly organize the actual situation and then, based on existing documents, we will explain how to obtain past experience.
We decided to clarify whether the situation was one that could be objectively confirmed and then proceed with the procedures.
As a result, we were able to successfully receive certification.
Please contact us even if you have a difficult application.
We will organize the process and support you even in cases where the application has a certain degree of difficulty, such as the "Ministerial Certification of Foreign Corporations" in this case.
If you have any questions, please contact us.
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