Obligation of secondhand goods dealer to confirm
Updated: July 2025, 2
table of contents
- 1 Obligation to confirm the authenticity of the other party
- 2 How to check the authenticity of the other party
- 3 Cases where the obligation to confirm the authenticity of the other party is exempted
- 4 For consultation regarding secondhand goods dealer licenses, please contact Support Administrative Scrivener Corporation.
- 5 Nationwide Support
Obligation to confirm the authenticity of the other party
Antique dealers have an obligation to confirm the authenticity of the other party when conducting the following three transactions.
"Verifying the authenticity of the other party" refers to verifying the identity of the other party.
① When buying secondhand goods
②When exchanging old items
③When receiving entrustment for sale or exchange
Please note that this is not included when selling used items.
How to check the authenticity of the other party
We are legally required to verify this in one of the following ways:
| Confirmation method | Specific method | |
| 1 | How to confirm the address, name, occupation, and age of the other party in a transaction (Secondhand Goods Business Law Article 15, Paragraph 1) | Receive documentation sufficient to confirm the other party's identity, such as an ID card, driver's license, National Health Insurance card, etc. Inquire of someone other than the other party who is sufficient to confirm the other party's identity. (Secondhand Goods Business Law Enforcement Regulations Article 15, Paragraph 1) |
| 2 | A method of receiving a document containing the other party's address, name, occupation, and age, and having that person sign the document. (Secondhand Goods Business Law Article 15, Paragraph 2) | A secondhand goods dealer prepares a form and has the other party write clearly on the document using a fountain pen, ballpoint pen, etc. in the presence of the employee, etc. In this case, if the secondhand goods dealer suspects that the address, name, occupation, and age written on the signed document are not genuine, the secondhand goods dealer must confirm the address, name, occupation, and age. Must be. (Secondhand Goods Business Law Enforcement Regulations Article 15, Paragraph 2) |
| 3 | A method of receiving from a transaction partner an electromagnetic record of the person's address, name, occupation, and age, with this information signed electronically by that person. (Secondhand Goods Business Law Article 15, Paragraph 3) | |
| 4 | A method of receiving the address, name, occupation, and age of the other party in the transaction, as well as receiving the seal registration certificate and a document stamped with the seal related to the seal registration certificate. (Secondhand Goods Business Law Article 15, Paragraph 4, Secondhand Goods Business Law Enforcement Regulations Article 15, Paragraph 3, Item 1) | |
| 5 | Receiving the address, name, occupation, and age of the other party, sending mail, etc. that is only for recipients, and confirming that the mail has arrived. (Secondhand Goods Business Law Article 15, Paragraph 4, Secondhand Goods Business Law Enforcement Regulations Article 15, Paragraph 3, Item 2) | |
| 6 | Receiving the address, name, occupation, and age of the other party in the transaction, and then making a promise to pay for the second-hand item by sending mail, etc. that is limited to the recipient and containing money or goods. . (Secondhand Goods Business Law Article 15, Paragraph 4, Secondhand Goods Business Law Enforcement Regulations Article 15, Paragraph 3, Item 3) | |
| 7 | Receiving the address, name, occupation, and age of the other party in the transaction, as well as receiving a copy of the resident's card, etc., and making the name written on the copy of the resident's card the name of the holder. Promise to pay for the secondhand item by transfer or transfer to a savings account. (Secondhand Goods Business Law Article 15, Paragraph 4, Secondhand Goods Business Law Enforcement Regulations Article 15, Paragraph 3, Item 5) | |
| 8 | Receiving the address, name, occupation, and age of the other party in the transaction, as well as receiving a copy of the resident's register, a certificate of items listed in the resident's register, a certified copy or extract of the family register, or a seal registration certificate, and receiving the relevant resident's register. Send items that are not to be forwarded by registered delivery mail to the address of the person written on the copy of the item, etc., and confirm that the item has arrived. (Secondhand Goods Business Law Article 15, Paragraph 4, Secondhand Goods Business Law Enforcement Regulations Article 15, Paragraph 3, Item 5) | |
| 8 | Receiving the address, name, occupation, and age of the other party, as well as receiving copies of documents sufficient to confirm the person's identity, such as their ID card, driver's license, National Health Insurance card, etc. Send items that will not be forwarded by recorded delivery mail to the address of the person written on the copy of the material, confirm its arrival, and send the item written on the copy of the material. promise to pay for the secondhand item by transfer or transfer to a savings account whose name is the holder's name. (Secondhand Goods Business Law Article 15, Paragraph 4, Secondhand Goods Business Law Enforcement Regulations Article 15, Paragraph 3, Item 6) | |
| 8 | We will attach an identification code to those who have taken the measures listed in Article 15, Paragraph 1, Items 1 to 3 of the Secondhand Goods Business Act or Article 15, Paragraph 3 of the Enforcement Regulations of the Secondhand Goods Business Act, and receive their transmissions. Confirm that the measures listed in these provisions have already been taken regarding the other party by a method that makes it possible to identify the person who has taken this or other measures listed in these provisions, and that makes it difficult for a third party to impersonate that person. (Secondhand Goods Business Law Article 15, Paragraph 4, Secondhand Goods Business Law Enforcement Regulations Article 15, Paragraph 3, Item 7) |
Antique sales law
Article 15:
- When a secondhand goods dealer intends to purchase or exchange a secondhand goods, or to accept a commission for sale or exchange, he/she must take any of the following measures to verify the genuineness of the other party:
① Confirm the address, name, occupation and age of the other party.
②Receive from the other party a document (limited to one signed by the other party) stating the address, name, occupation, and age of the other party.
③ A record of the other party's address, name, occupation, and age by electromagnetic means (meaning electronic methods, magnetic methods, and other methods that cannot be recognized by human perception; the same shall apply hereinafter); Regarding this information, an electronic signature (an electronic signature as defined in Article 2, Paragraph 1 of the Act on Electronic Signatures and Certification Services (Act No. 102 of 2000)) by the person concerned, and the electronic signature specified in Article 4 of the same Act regarding the electronic signature. (limited to those certified under Article 2, Paragraph 2 of the Act) by a person certified under Article 1, Paragraph 1 or Article 15, Paragraph 1.
④ In addition to what is listed in the previous three items, measures stipulated by the National Public Safety Commission rules as equivalent measures.
- Notwithstanding the provisions of the preceding paragraph, the measures prescribed in said paragraph need not be taken in the following cases:
① In the case of a transaction in which the total amount of consideration is less than the amount specified by the National Public Safety Commission rules (excluding cases involving transactions related to secondhand goods specified by the National Public Safety Commission rules as requiring the measures specified in the preceding paragraph) )
② When purchasing goods sold by oneself from the other party
- When a secondhand goods dealer intends to purchase or exchange, or accepts an order for sale or exchange of, a secondhand goods dealer must immediately report this to a police officer if he or she believes that the secondhand goods in question are suspected to be fraudulent.
Secondhand Goods Business Law Enforcement Regulations
(Confirmation method, etc.)
Article XNUMX
- Verification under Article 15, Paragraph 1, Item 1 of the Law shall be made by having the other party present documents sufficient to verify his/her identity, such as an identification card, driver's license, or National Health Insurance card, or by making an inquiry about a person other than the other party who is sufficient to verify the other party's identity.
- The signature prescribed in Article 15, paragraph 1, item 2 of the Law must be clearly written with a fountain pen, ballpoint pen, etc. in the presence of the secondhand dealer or his agent, servant or other worker (referred to as "agent, etc." in paragraph 4). In this case, if the secondhand dealer suspects that the address, name, occupation or age stated in the signed document is not genuine, he must verify the address, name, occupation or age as prescribed in the preceding paragraph.
- The measures to be prescribed by the National Public Safety Commission regulations under Article 15, Paragraph 1, Item 4 of the Act shall be as follows:
① Receive from the other party the address, name, occupation and age, as well as the party's seal registration certificate and a document bearing the seal related to the seal registration certificate.
② Receive the address, name, occupation, and age of the recipient, and send to that person restricted delivery mail, etc. (mail that is handled so that it is delivered only to the addressee himself or to a person who can receive it on behalf of the addressee designated by the sender, or mail as provided for in Article 2, Paragraph 3 of the Law Concerning Delivery of Letters by Private Businesses (Law No. 99 of 2002) and delivered by a general mail delivery business operator as provided for in Article 2, Paragraph 6 or a specific mail delivery business operator as provided for in Article 2, Paragraph 9 of the same law (hereinafter referred to as "mail"); the same applies hereinafter) and confirm its delivery.
- The other party will provide the other party with their address, name, occupation, and age, and the other party will promise to pay the price of the second-hand goods by sending that person a restricted-delivery mail item containing money or valuables.
- Receive from the other party the address, name, occupation and age, and receive a copy of the resident's certificate, a certificate of details stated in the resident's certificate, a certified copy or extract of the family register (only those with a copy of the family register attachment attached), or a seal registration certificate (hereinafter referred to as the "copy of the resident's certificate, etc."), and send, to the address of the person listed on the copy of the resident's certificate, etc., delivery record mail, etc. (meaning mail or letter mail that is handled so that the acceptance and delivery are recorded, or cargo that is handled in a similar manner (limited to those transported by persons licensed under Article 3 of the Truck Transportation Business Act (Act No. 83 of 1989) or other persons lawfully engaged in the business of transporting cargo); the same applies hereinafter) that will not be forwarded, and confirm that it has arrived.
- This involves receiving the other party's address, name, occupation, and age, as well as a copy of their resident registration card or other documents, and promising to pay the price of the second-hand goods by bank transfer or transfer to a savings account in which the person's name as shown on the copy of the resident registration card or other documents is the account holder's name.
- The other party provides the other party with their address, name, occupation, and age, and sends a copy of the other party's identification card, driver's license, National Health Insurance card, or other document sufficient to verify the person's identity (limited to copies that are clearly displayed), and the other party promises to send a letter of delivery record or other means that will not be forwarded to the address of the person listed on the copy of the document, and to confirm its arrival, as well as to pay the price of the used goods by means of a transfer or money transfer to a savings account in the name of the person listed on the copy of the document (limited to cases where a copy of the document is kept together with the account books, etc. or records made by electromagnetic means under Article 16 of the Law pertaining to the used goods).
- An identification code (meaning the identification code provided for in Article 2, Paragraph 3 of the Law on the Prohibition of Unauthorized Computer Access (Law No. 128 of 1999)) shall be attached to a person who has taken the measures provided for in Article 15, Paragraph 1, Items 1 to 3 of the Law or in any of the preceding Items, and by receiving the transmission, it is possible to identify the person who has taken the measures provided for in these provisions or by other means and to confirm that the measures provided for in these provisions have already been taken with respect to the other party, by using a method that makes it difficult for a third party to impersonate that person.
- The operator of a secondhand goods market must verify that any person who wishes to conduct transactions in the secondhand goods market is a secondhand goods dealer or his/her agent, etc., by checking the license, peddler employee certificate or other certificate.
(Secondhand items exempted from the obligation of confirmation, etc.)
Article XNUMX
- The amount to be determined by the National Public Safety Commission regulations under Article 15, Paragraph 2, Item 1 of the Act shall be 10,000 yen.
- The second-hand goods as defined by the National Public Safety Commission regulations under Article 15, paragraph 2, item 1 of the Act are those that fall under the following items:
①Motorcycles and motorized bicycles (including their parts (excluding screws, bolts, nuts, cords and other general-purpose parts))
② Programs used exclusively for home computer games
3) Sound or images recorded by optical means
④ Books
Cases where the obligation to confirm the authenticity of the other party is exempted
In the following cases, there is no need to confirm the authenticity of the other party.
| 1 | When conducting a transaction where the total consideration is less than 1 yen | However, in the case of the following second-hand goods, the confirmation obligation is not exempted even if the transaction is less than 1 yen.・Motorcycles/motorized bicycles ・Things that record programs used exclusively for home computer games ・Things that record sounds or images using optical methods ・Books |
| 2 | When purchasing goods sold by oneself from the other party |
For consultation regarding secondhand goods dealer licenses, please contact Support Administrative Scrivener Corporation.
At Support Administrative Scrivener Corporation, we provide application support and consulting regarding the Secondhand Goods Business Law for both those newly entering the secondhand goods business and those who are already licensed secondhand goods dealers.
We provide legal services related to secondhand goods sales based on the know-how and track record that we can accumulate because we are administrative scriveners who handle applications and negotiations with administrative agencies on behalf of companies on a daily basis.
Our staff have experience applying in all prefectures across the country.
Please contact us by all means.
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