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ARTICLE · 07 DECEMBER 2021

Japan Document Execution And Retention Policies In The Electronic Age

How many originals should be executed and delivered? This question is frequently asked by Japanese companies when concluding a commercial agreement

JapanCorporate/Commercial Law

How many originals should be executed and delivered? This question is frequently asked by Japanese companies when concluding a commercial agreement, and is often met with bewilderment by overseas counter parties who have foregone reliance on manually executed original agreements in paper form. Despite operating in one of the most technologically advanced countries in the world, Japanese companies still often manually execute contracts by affixing a corporate seal (or less frequently, by placing a handwritten signature) to conclude an agreement, and keep a “wet” original. For companies that enter into numerous contracts, archiving and storing volumes of paper original agreements can quickly become an expensive proposition and can lead to innumerable tracking difficulties. The reliance on exchanging paper original agreements stems in part from the misconception that an original is always and inevitably required in Japanese dispute resolution proceedings to provide proof

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