Under the Japanese regulatory framework for financial services, each type of financial service has its own specified regulation, including the following:
- Banking Act – This is the primary legislation for the banking industry and covers licensing, supervision, bank-holding companies, the scope of businesses for banks and bank-holding companies and their subsidiaries, foreign bank agency services, bank agency services, accounting, capital adequacy requirements, major shareholders, and branches of foreign banks.
- Deposit Insurance Act – This covers Japan's deposit insurance system.
- Money Lending Business Act (MLBA) – This regulates companies engaging in money-lending business (including agents or brokers for money lending) and covers licensing, supervision and consumer protection.
- Payment Services Act (PSA) – This regulates companies that engage in: (i) funds transfer business; (ii) prepaid cards/instruments business; (iii) crypto-assets-related business, including crypto-asset exchanges, crypto-asset dealing and brokerage businesses, and crypto-asset custodians; and (iv) business related to transactions of certain stablecoins (defined as "electronic payment instruments"), including electronic payment instruments exchanges, electronic payment instruments dealing and brokerage businesses, and electronic payment instruments custodians. In principle, to engage in funds transfer business in Japan, a company must obtain a banking license. However, funds transfer business operators (FTBOs) registered under the PSA are exempted from this requirement under the Banking Act. The PSA covers licensing, supervision, security deposits, consumer protection, foreign funds transfer service providers, and clearing for funds transfers. The PSA was amended in 2020 to create: (i) new operational requirements for all FTBOs; and (ii) three categories of FTBOs, depending on the maximum amount of transferred funds per transaction, namely: (a) Type 1 FTBO without limit on the maximum transferrable amount per transaction, (b) Type 2 FTBO allowing a transfer of maximum JPY 1 million per transaction, and (c) Type 3 FTBO allowing a transfer of maximum JPY 50,000 per transaction.
- Financial Instruments and Exchange Act (FIEA) – This comprehensive legislation regulates various securities and other financial investment products (including derivatives) and related business. Businesses covered by the FIEA include underwriting, securities dealing and brokerage, investment advice, investment management, asset management and funds management. The FIEA covers licensing, supervision, disclosure requirements, take-over bids, insider trading, business scope, major shareholders, foreign securities firms, accounting, exchanges, clearing, self-regulatory functions and customer protection.
- Act Concerning Provision of Financial Services and Improvement of Access to Financial Services – This covers consumer protection in connection with the sale of financial products and registration system for financial service intermediaries.
- Trust Business Act (TBA) – This regulates companies that engage in trust-related services (such as acting as a trustee and agents under a trust agreement). The TBA covers licensing, supervision, scope of business, accounting, consumer protection, major shareholders and foreign trust companies.
- Act Concerning Concurrent Business, etc., of Trust Business by Financial Institutions – This regulates banks that engage in trust business concurrently with their banking business.
- Insurance Business Act (IBA) – This regulates companies that provide insurance services, such as insurance companies and insurance brokers. The IBA covers licensing, supervision, scope of business, accounting, consumer protection, major shareholders, subsidiaries of insurance companies and foreign insurance companies.
- Installment Sales Act (ISA) – This provides consumer protection in connection with credit cards and other types of installment sales. The ISA also establishes a registration system for credit card companies.
- Foreign Exchange and Trade Act – This regulates foreign exchange transactions and other international transactions undertaken by financial services providers.
- Act for the Prevention of Transfer of Criminal Proceeds – This is Japan’s comprehensive anti-money laundering legislation for financial institutions and provides: (i) statutory KYC procedures; and (ii) a reporting system for suspicious transactions.
There is also a large volume of secondary and delegated legislation as well as guidelines prepared by SROs.