First of all, check “What is Jistsu-in” for those whom you don’t know
Why you need a Jitsu-in for a specific contract
All you need to know about Hanko used in Japan is that whatever kinds Hanko you use on a document, which is simply engraved with your name, there is no difference in Hankos in terms of legal effect.
You can stamp over-the-counter “Hanko” on a very important contract to indicate your agreement of a dealing and to prodcue legal effect.
However, a over-the-counter Hanko called “Sanmonban” (“三文判”) which you can easily pick up from a showcase of a stationary store is the one munufacture with mass production, which means you can probably find totally the same Hanko engraved with our name at any stationary stores all over Japan.
Therefore, stamping “Sanmonban” on a document leaves a place for the possibility that someone whom you don’t know may buy “Sanmonban” somewhere and stamp it on a document in place of you.
In short, although you stamp it on a contract in front of a contractor, it gives you a chance to speak evasively afterwards like “I didn’t stamp on agreement documents. Someone who forged my “Sanmonban” or bought it somewhere stamped it on a document”.
Even if you insist that the impression stamped on a document is from a stolen “Sanmonban” and it is not yours, there is no way to prove its autheticity.
You can turn over your insistence by taking advantage of weakness of Samonban whose authenticity is not guaranteed.
Only the difference between Jitsu-In and others is whether its authenticity is guaranteed or not.
To avoid this case, when making a specific important contract, a company or a bank or a municipality require you to stamp a Hanko which has authoritative assurance of municipality that nobody can own except for you.
Stamping Jitsu-In on a document produces all responsibilities to you no matter what situation you are in. Here are some examples below.
- Someone forged my Jitsu-In and probably used it on a contract → It is all your fault because you didn’t carefully manage it
- Someone stole my Jitsu-In and probably used in on a contract → It is all your fault because you didn’t carefully manage it
So in a case that you contend at law on a contract with a contractor, if the fact that Jitusu-In (“registered Hanko”) had been stamped on a document was detected, it is legally proved that you at least had an intension of an agreement of a contract.
The owner’s authenticity of “Sanmonban” is pretty difficult to be proved. So especially companies and banks have a tendency to require a contractee to stamp Jitsu-In as the importance of a contract is much higher.
When you need Jitsuin
*under procedure of succession to property
* when making a notarial document (testament, financing contract with the royalty payment condition)
* when establishing a company
* when buying a new car or dealing a used car between individuals.
* when making a loan contract
* when dealing a telephone subscription right contract
* when dealing real estate property
* when making a insurance contract.