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Ballot 55 – Romanization of Japanese Corporate Names

Ballot 55 – Romanization of Japanese Corporate Names (Passed Unanimously)

Motion

Akira Machida made the following motion, and Ben Wilson and jay Schiavo endorsed it:


Motion begins


Effective immediately,


Erratum begins


A. In Appendix F, delete title “Foreign Organization Name Guidelines”, and insert “Country-Specific Interpretative Guidelines”

B. In Appendix F, NOTE, delete “is only relevant to EV Certificate Requests from countries that do not have Latin character organization name registrations”, and insert “provides alternative interpretations of the EV Guidelines for countries that have a language, cultural, technical, or legal reason for deviating from a strict interpretation of the EV Guidelines”.

C. Insert “1. Organization Names” as a section title before “1) Non-Latin Organization Name” in Appendix F.”

D. In Appendix F current (1), delete “in this appendix” and insert “in this section”.

E. In Appendix F current (2)(C), delete “A Lawyer’s Opinion confirming the Romanization” and insert “A Lawyer’s Opinion or Accountant’s Letter confirming the proper Romanization”.

F. In Appendix F current (3), delete: “(3) English Name”, and insert: “(3) Translated Name”.

Delete “a Latin character name that is not a Romanization of the registered name in the EV certificate” and insert “a Latin character name in the EV certificate that is not a direct Romanization of the registered name (e.g. an English Name)”.

G. In Appendix F current (3)(D), delete “Confirmed by a Verified Legal Opinion to be the trading name” and insert “Confirmed by a Verified Legal Opinion or Accountant’s Letter to be a translated trading name”.

H. In Appendix F, delete “Country Specific Procedures” and insert “Country-Specific Procedures”.

I. In Appendix F, F-1. Japan, Insert “1. Organization Names” as a section title before current “(A) The Hepburn method…”.

J. In Appendix F, F-1. Japan, (new) 1. Organization Names, delete “In addition to the procedures” and insert “As interpretation of the procedures”.

Delete “(A) The Hepburn method of Romanization is acceptable for Japanese Romanizations” and insert “(A) The Revised Hepburn method of Romanization, as well as Kunrei-shiki and Nihon-shiki methods described in ISO 3602, are acceptable for Japanese Romanizations”.

Delete “(B) The CA MAY verify the Romanized transliteration of the Applicant’s formal legal name with either a QIIS or a Verified Legal Opinion or a Verified Accountant Letter” and insert “(B) The CA MAY verify the Romanized transliteration, language translation (e.g. English name), or other recognized Roman-letter substitute of the Applicant’s formal legal name with either a QIIS, Verified Legal Opinion, or Verified Accountant Letter”.

Delete “(C) The CA MAY use the Financial Services Agency to verify an English Name. When used, the CA MUST verify that English name is recorded in the audited Financial Statements” and insert “(C) The CA MAY use the Financial Services Agency to verify a Romanized, translated, or other recognized Roman-letter substitute name. When used, the CA MUST verify that the translated English is recorded in the audited Financial Statements”.

Delete “(D) When relying on Articles of Incorporation to verify an English Name” and insert: “(D) When relying on Articles of Incorporation to verify a Romanized, translated, or other recognized Roman-letter substitute name”.

Insert: “(E) A Romanized, translated, or other recognized Roman-lettered substitute name confirmed in accordance with this Appendix F-1 stored in the ROBINS database operated by JIPDEC MAY be relied upon by a CA for determining the allowed organization name during any issuance or renewal process of an EV Certificate without the need to re-perform the above procedures.”

K. In Appendix F, F-1. Japan, insert “2. Accounting Practitioner In Japan: (A) Accounting Practitioner includes either: a certified public accountant (公認会計士 – Konin-kaikei-shi) or a licensed tax accountant (税理士 – Zei-ri-shi). (B) The CA MUST verify the professional status of the Accounting Practitioner through direct contact with the relevant local member association that is affiliated with either the Japanese Institute of Certified Public Accountants (http://www.hp.jicpa.or.jp), the Japan Federation of Certified Tax Accountant’s Associations (http://www.nichizeiren.or.jp), or any other authoritative source recognized by the Japanese Ministry of Finance (http://www.mof.go.jp) as providing the current registration status of such professionals.”

L. In Appendix F, F-1. Japan, insert “3. Legal Practitioner In Japan: (A) Legal Practitioner includes any of the following: a licensed lawyer (弁護士 – Ben-go-shi), a judicial scrivener (司法書士 – Shiho-sho-shi lawyer), an administrative solicitor (行政書士 – Gyosei-sho-shi Lawyer), or a notary public (公証人 – Ko-sho-nin). For purposes of the EV Guidelines, a Japanese Notary Public is considered equivalent to a Latin Notary. (B) The CA MUST verify the professional status of the Legal Practitioner by direct contact through the relevant local member association that is affiliated with one of the following national associations: the Japan Federation of Bar Associations (http://www.nichibenren.or.jp), the Japan Federation of Shiho-Shoshi Lawyer’s Associations (http://www.shiho-shoshi.or.jp), the Japan Federation of Administrative Solicitors (http://www.gyosei.or.jp), the Japan National Notaries Association (http://www.koshonin.gr.jp), or any other authoritative source recognized by the Japanese Ministry of Justice (http://www.moj.go.jp) as providing the current registration status of such professionals.”


Erratum ends


The ballot review period comes into effect at 2100 UTC on 5 Nov ’10 and will close at 2100 UTC on 12 Nov ’10. Unless the motion is withdrawn during the review period, the voting period will start immediately thereafter and will close at 2100 UTC on 19 Nov ’10. Votes must be cast by “reply all” to this email.

A vote in favour of the motion must indicate a clear ‘yes’ in the response. A vote against must indicate a clear ‘no’ in the response. A vote to abstain must indicate a clear ‘abstain’ in the response. Unclear responses will not be counted.

The latest vote received from any representative of a voting member before the close of the voting period will be counted.


Motion ends