The Enactment of the Servicer
Law and the Current Status of Servicer Work
Prior to the enactment of the
Servicer Law, it had been illegal, according to the Practicing
Attorney Law, for anyone other than a lawyer to attempt to collect
debts on behalf of creditors. The purpose of this restriction
was to prevent anti-social influences from taking part in this
business. However, to bring private sector capabilities to bear
a part in this to swiftly resolve the enormous amount of non-performing
loans held by financial institutions, the "Law Concerning Special
Measures for Servicing Business" (the "Servicer Law") was enacted
in October 1998.
The purpose of the Servicer
Law is to contribute to the revitalization of the Japanese economy,
and the Servicer Law takes two methods toward that end. First,
it requires the Minister of Justice license for a non-lawyer
to engage in this business. This enables a servicing company
to manage and collect specified money claim as its legal business,
to exclude anti-social influences' participation in this scheme
and to protect the interested parties such as borrowers. On
the other hand, it regulates servicing companies' activity upon
necessity to secure their fair management The Servicer Law was
revised as of September 1, 2001 to expand the scope of loan
types that servicing companies could handle. In consequence,
the precondition has been settled to thoroughly respond to the
market's needs.
Now, servicers' work is no longer
restricted to non-performing loans, which was focused in the
original Servicer Law. Servicers may now engage in work incidental
to the servicing operations, processing of bankruptcies, revitalization
of companies, securitizations and enhancement of asset liquidity,
and may play various roles in a wide array of fields. As such,
servicers, working within the financial sector, are contributing
to the sound development of the Japanese economy.