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37 Hitotsubashi J.L. & Pol. 1 (2009)

handle is hein.journals/hbijllw37 and id is 1 raw text is: Hitotsubashi Journal of Law and Politics 37 (2009), pp.1-10. C Hitotsubashi University REFORM OF THE SYSTEM FOR CHARITABLE CORPORATIONS AND TAX SYSTEM REVISION TADATSUNE MIZUNO* I. Introduction Although study on the reform of the system for charitable corporations was started in fiscal year 2002 under the Koizumi administration, the basis for its realization was established in June 2006, as three laws for charitable corporations were finally promulgated. In addition, in fiscal year 2007, the mechanism of the new system was disclosed, as the related government ordinance and cabinet order were made public. Whereas under the past license system for charitable corporations, criticism was voiced of the opaque decision-making process, collusion of the supervisory authority and charitable corporation concerned, the practice of civil servants retiring into related private-sector jobs and so forth, small government and, at the same time, public services provided by the private sector are emphasized with expectations for a new and equitable system for charitable corporations in future. In response to the improvement of the legal system for such a system for charitable corporations, the tax system was recently revised in fiscal year 2008, mainly in the field of Corporation Tax Law. II. Broad Overview of the New System for Charitable Corporations 1. Reorganization of the System for Corporations While a new system for charitable corporations is discussed in a separate paper, the existing mechanism is to be reorganized into two systems for C1 an incorporated general association and foundation as well as 2 an incorporated charitable association and foundation. Additionally, it has been decided that an Act on Authorization of Public Interest Incorporated Associations and Public Interest Incorporated Foundations (Act No.49 of 2006) , establishing the measures to ensure a system for the authorization of charitable corporations, the criteria of such authorization and proper implementation of the operation conducted by a charitable corporation, is to be enacted and the authorization of the nature of the charity is to be entrusted to consensual decision making by the Public Interest Corporation Commission, and not, as in the past, to the supervisory authority concerned, as provided for in Article 34 of the Civil Code. * Professor, Graduate School of Law, Hitotsubashi University

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