本文はココからです。
1. Until 2002,establishing a public interest corporation required obtaining permission from the competent government agency,making it extremely difficult to establish a public interest corporation. At the Administrative Reform Council in 2002,it was decided that in light of recent developments in the social and economic situation,it was necessary for the private sector to also take charge of the public sector,and to this end,it was necessary to promote private non-profit activities and strengthen the vitality of society. Because it is necessary to establish a social and economic system that increases the number of people living in Japan,the Public Interest Corporation Law (hereinafter referred to as the "New Law") was enacted and the system was replaced with a new one.
Ittoushouguu Bantoushoukou
This is a line from the phrase "One light illuminates a corner,ten thousand lights illuminate the whole country". It is said that Saicho,the founder of Enryaku-ji Temple on Mt. Hiei in Kyoto,brought this saying back from his travels in Tang Dynasty China.
1. Until 2002,establishing a public interest corporation required obtaining permission from the competent government agency,making it extremely difficult to establish a public interest corporation. At the Administrative Reform Council in 2002,it was decided that in light of recent developments in the social and economic situation,it was necessary for the private sector to also take charge of the public sector,and to this end,it was necessary to promote private non-profit activities and strengthen the vitality of society. Because it is necessary to establish a social and economic system that increases the number of people living in Japan,the Public Interest Corporation Law (hereinafter referred to as the "New Law") was enacted and the system was replaced with a new one.2. The outline of the new system and the public interest certification procedure are as follows.
（1）The new law adopts a rule-based system that allows registration of establishment without permission from an administrative agency as long as it complies with the requirements stipulated by the law,and separates establishment of a corporation from recognition of public interest. Public interest corporations can be easily established by anyone,there are no restrictions on the nature of their business,and they can even conduct commercial businesses. The limitation is that profits and assets cannot be distributed.
（2）The certification of "public interest" in order for a general corporation to become a public interest corporation is based on a law called the Certification Act that clearly stipulates standards for public interest certification,and a public interest certification committee consisting of private sector experts (seven members from the Cabinet Office). The system allows for the review by five prefectural government officials to make judgments independent of the intentions of administrative agencies.
Administrative agencies (the Prime Minister and prefectural governors) will certify as is the report of the Public Interest Certification Committee. This system of public interest certification by a third party organization is in place in the United Kingdom. This is the system adopted in countries such as New Zealand and Ireland. In principle,applications for public interest certification will be reviewed within four months,making the public interest certification process faster.
Administrative agencies (the Prime Minister and prefectural governors) will certify as is the report of the Public Interest Certification Committee. This system of public interest certification by a third party organization is in place in the United Kingdom. This is the system adopted in countries such as New Zealand and Ireland. In principle,applications for public interest certification will be reviewed within four months,making the public interest certification process faster.
（3）A public interest incorporated foundation can be established with a minimum of 3 million yen in basic assets,and a public interest incorporated association can be established with no basic assets,and even if both corporations have no prior experience of any activity after establishment,their business plans must be clear. Therefore,it is now possible to apply for public interest certification if there is financial support.
3. With the enforcement of the new law,there are many books on the necessary procedures for public interest certification,and detailed procedure manuals have been issued by the Cabinet Office Public Interest Certification Committee,so corporations that establish a general corporation and obtain public interest certification are It was thought that it would increase. As of December 2020,there are 4,175 public interest incorporated associations,5,439 public interest incorporated associations,and a total of 9,610 public interest incorporated associations. In contrast,as of March 2021,there are 66,940 general incorporated associations,7,743 general incorporated foundations,and a total of 74,683 general corporations.
After the enforcement of the new law,approximately 7.8 times as many general corporations as public interest corporations have been registered,but from 2008 to 2020,858 corporations received public interest certification,77 cases per year (average of 72 cases per year). The purpose of the legislation,which is to "promote the public interest" and contribute to the realization of a vibrant society,has not been achieved.
Saicho teaches,〝One light shines all over the country,and many lights shine.〟.If each of us does our best to illuminate a corner of our lives,then when the light that shines in that corner gathers,that light will illuminate the entire country.
More people will take advantage of the public interest corporation system,more public interest corporations will be established,more light will shine in one corner,and the light of ``improvement of public interest'' will spread throughout the country,bringing us one step closer to becoming a country of all lights. We established this corporation with the hope of helping turn on the light of public interest.
After the enforcement of the new law,approximately 7.8 times as many general corporations as public interest corporations have been registered,but from 2008 to 2020,858 corporations received public interest certification,77 cases per year (average of 72 cases per year). The purpose of the legislation,which is to "promote the public interest" and contribute to the realization of a vibrant society,has not been achieved.
Saicho teaches,〝One light shines all over the country,and many lights shine.〟.If each of us does our best to illuminate a corner of our lives,then when the light that shines in that corner gathers,that light will illuminate the entire country.
More people will take advantage of the public interest corporation system,more public interest corporations will be established,more light will shine in one corner,and the light of ``improvement of public interest'' will spread throughout the country,bringing us one step closer to becoming a country of all lights. We established this corporation with the hope of helping turn on the light of public interest.
Chairman Shuichi Senga（lawyer/tax accountant）
of TLEO Toranomon Law and Economics Office