弁護士等紹介

LAWYERS

IIDA Hiroshi

IIDA Hiroshi

Title
Partner
Languages
Japanese (native)/English
Telephone Number
+81-3-3214-7049
E-mail address
hiroshi.iida@iwatagodo.com

Career Summary

1979
Born in Tokyo, Japan
March 1998
Graduated from Musashi High School
March 2003
Received his LL.B. from the University of Tokyo
March 2006
Received his LL.M. from the University of Tokyo Graduate Schools for Law and Politics (School of Legal and Political Studies)
March 2009
Received his J.D. from the University of Tokyo School of Law
December 2010
Received his Diploma from the Legal Training and Research Institute of the Supreme Court of Japan (New 63rd)
December 2010
Registered as a Japanese attorney
2011-2014
Worked for Atsumi & Sakai
2014-2016
Worked for Insurance System Planning Office, Planning Division, Planning and Coordination Bureau, Financial Services Agency
July 2016
Joined Iwata
2017-2018
Permanent Member of Daini Tokyo Bar Association
April 2019
Vice Chairman of the Bar Regulations Establishment Committee of Daini Tokyo Bar Association
2020
Compliance Certificate Examination Committee Member of the Regional Banks Association of Japan

Engaged Cases

・Providing legal services on structured finance for real estate, renewable energy and debt, etc.) and other financial transactions;
・Providing legal advice on financial regulatory laws such as the Banking Act, the Insurance Business Act and the Financial Instruments and Exchange Act;
・Handling corporate legal affairs in general such as preparing and reviewing various contracts, providing legal advice and handling litigation and disputes
While Mr. Iida worked for the Insurance System Planning Office, Planning Division, Planning and Coordination Bureau of the Financial Services Agency, he not only was in charge of planning and drafting the Cabinet Order and Cabinet Office Ordinance for the Insurance Business Act Amended in 2014, the Cabinet Order and Cabinet Office Ordinance for the Companies Act Amended in 2014, the Amendment of the Civil Code (Law of Obligations) and No-Action Letter System (Judgment whether the business operation of a company falls under the Insurance Business set forth in the Insurance Business Act and the company is required to be licensed as an insurance company) but also engaged in activities related to the over-the-counter insurance sales by banks, small-amount short-term insurance providers and regulatory reform, and accordingly, he has a comprehensive knowledge of the Insurance Business Act.
In addition, Mr. Iida was in charge of planning laws and regulations related to the Deposit Insurance Act and responding to the Financial Stability Board (FSB) and the International Association of Insurance Supervisors (IAIS), and accordingly, he is also familiar with laws and regulations on bankruptcy procedures of financial institutions and insurance companies, including Single Point of Entry (SPE)

Message

I have devoted myself to studying financial transaction law and financial regulation law. I will offer legal services with swiftness and accuracy that precisely meet clients’ needs, paying attention to changes in politics and economy as well as laws and regulations.

List of Main Publications

・“Course Text 3 for Kinyu Kentei Kyokai’s Compliance Officer (SCO) Certification Test ” (co-author, Responsible for “Chapter 2 Insurance Business Laws for Managers”, Banking Education CO.LTD, 2022)
・“Financial Crime in Japan: Overview” (co-author,Thomson Reuters,2022)
・“6,000 Lectures on Legal Issues for Financial Institutions” (co-author, Kinzai Institute For Financial Affairs, 2022)
・"Q&A: Family affairs cases and banking services" Second edition (co-author, Nihon Kajo Publishing Co., Ltd. 2020)
・"Q&A on Amendment to Law of Obligations – Fully Adapt to the Changes in Financial Business Practice" (co-author, Banking Education Co. Ltd., 2018)
・"Theories and Business Practices of Prescription and Limitation of Period"(co-author and co-editor, Nihon Kajo Publishing Co., 2018)
・ “Commentary on Amendment of Cabinet Office Ordinance Related to the Insurance Business Act Amended in 2014 (Limited to the Provisions to be Enforced within Two Years) (1) (2) (3)” (August 1 issue, August 15 issue, and September 1 issue of NBL, 2016)
・“5,000 Lectures on Legal Issues for Financial Institutions” (co-author, Kinzai Institute For Financial Affairs, 2018)
・"The 'Act on Promotion of Generating Renewable Energy Harmonized with Healthy Development of Agriculture, Forestry and Fishery' and what it means for the solar power industry" (co-author, NBL No. 1023 (April 15, 2014))

Past Achievements

1. Finance business, fund business
(1) Various types of structured finance
・Real estate financing (including Specific Purpose Companies), renewable energy financing, PFI finance, mezzanine finance, etc.
・Preparing a legal opinion

(2) Liquidation business
・Debt securitization, etc. (including self-settled trust certificate)

(3) Fund business
・Originating investment limited partnership (LPS), various types of investment agreements. shareholders’ agreement, etc.

(4) Syndicated loan, participation, etc.
・Originating business, legal checks from the perspectives of participating banks

2. Businesses related to banks and other financial institutions
(1) Businesses related to organization/services involving the existence and development of financial institutions such as banks / financial groups.
・The regulations of the scope of business operation (banks and insurance companies themselves ((including other auxiliary business)), business management and aggregation of common operations for subsidiaries and holding companies), regulation of acquisition/holding of voting rights
・Structure of an organization (including distribution of authority and responsibility, concurrent holding of positions, business management agreements, inter-group consignment agreements, and performance-based compensation)
・Scheme analysis/procedures in M&A of a bank/insurance group (including the Antimonopoly Act)
・Collaboration with other financial institutions or companies of other industry segments (including business collaboration agreements, and joint venture agreements)
・Equity funding by LPS, subordinated loans
・Consolidation and closure of branches (including branch opening restrictions ), real estate leasing, etc.
・Secondment / combination of offices
・Various types of commission businesses
・Response to: businesses such as advancement of banking business; legal systems related to settlement and others; and, Fintech
・Dealing with businesses related to financial crisis (the Deposit Insurance Act, the Act on Special Measures for the Reorganization Proceedings of Financial Institutions) is also possible.
・Consultation on the response to various types of accidents /scandals

(2) Response to various types of regulations for financial institutions such as banks
・Overall regulations for counter sales of insurance by banks, and other regulations related to insurance solicitation (including response to termination of relationship with familiar dealers / re-establishment of relationship)
・Overall industry regulations for the businesses of registered financial institutions and other business regulations under the Financial Instruments and Exchange Act, response to securities inspections, businesses related to investment advisory companies (including businesses related to the Compliance Committee Member and applicability of investment advisory business), and regulations related to derivatives/Financial Instruments Futures Act
・Information management/sharing (including protection of personal information/GDPR, insider trading control, firewall, confidentiality obligations of financial institutions, etc.)
・Managing conflict of interests
・Money laundering regulations, countermeasures against organized crimes (anti-social forces, the Act on Damage Recovery Benefit Distributed from Fund in Bank Accounts Used for Crimes, and the Depositor Protection Law, etc.)
・Restrictions on advertising/labeling, and premiums
・Financial regulations for cross-border financial businesses
・Regulations related to money lending businesses
・Other internal management/internal control in general of financial institutions.

(3) Rules for financial institutions / contract-related
・Drafting, and assisting the amendment to, various types of rules of banks
・Assisting the drafting of contracts related to new business

(4) Businesses related to transactions of banks, etc. / dispute resolutions / litigations
・Consultation/litigation relating to management and collection of loans (including lawsuit for claims for reimbursement)
・Lawsuit for claims for deposit refund (including the lawsuit related to the Depositor Protection Law, and to internet banking)
・Response to financial ADR

(5) Businesses related to insurance industry
A. Businesses related to insurance companies
・Applicability of insurance business (consultation on scheme of so called “warranty services”, businesses related to Article 72 of the Bengoshi Law)
・The regulations of the scope of business operation, auxiliary business such as agent and sub-contractor, other related financial regulations in general)
・Businesses related to small-amount short-term insurance providers (products, establishment)
・Businesses related to foreign insurance companies (including cross-border solicitation, translation of General Conditions into Japanese)
・Reorganization of insurance companies (responsible for the revision of Cabinet Orders and Cabinet Office Orders in response to the amendment of the Companies Act 2014, and familiarized with articles and practices, including transfer of insurance contracts.)

B. Businesses related to insurance solicitation in general
・Applicability of insurance solicitation, conducts related to insurance solicitation
・Obligations to: provide information (including exclusion of application); and, grasp intentions (including consultations on form design). Comparative and recommended relevant regulations, and other behavior regulations.
・Regulations related to counter sales at banks .
・Joint solicitation, solicitation fee
・Comparative regulations
・Provision of extraordinary profit (including donations to counterparties with public nature), comparative local government regulations, other prohibition regulations.
・Books and documents
・Insurance agency consignment agreement
・Group insurance, promotion for participation

(6) New businesses related to settlement, Fintech
・Exchange/fund transfer, prepaid payment method
・Settlement company related

3. Legal affairs of general companies
・Preparing and reviewing various types of contracts
・Consideration of various scheme
・Consideration of new services and various regulations as well as of relations with the Consumer Contract Act
・Reviewing internal regulations (response to amendment of various regulations such as amendment to article of incorporation and revision of rules of the board of directors)
・Dispute resolutions , litigations (Examples of response)
・Large-scale transportation accident (principal contractor )
・Large-scale accident in construction works (principal contractor )
・Related to delay in system development (principal contractor )
・Fire accident during construction works (principal contractor )
・Corporate governance (including response to the Corporate Governance Code)
・Response to the general meeting of shareholders
・Various types of M&A businesses (share transfer agreement, DD, etc.)
・Regulations for advertisement/sales promotions (the Act against Unjustifiable Premiums and Misleading Representation, etc.)

4 Public interest activities
・Being engaged in the examination/coordination of original proposal submitted at the Bar Regulations Establishment Committee of Daini Tokyo Bar Association (attended nearly every time).

Publications

News