Japan's Act on Prevention of Unjust Solicitation of Donations by Corporations — solicitation that distresses the donor prohibited, and a right to rescind the manifestation of intention to donate (in force 5 January 2023; all provisions in force as of 1 June)
Source material is a Japanese government announcement (in Japanese); this page is a summary.
Japan's Act on Prevention of Unjust Solicitation of Donations by Corporations (Act No. 105 of Reiwa 4) prohibits solicitation that causes distress to a donor through six kinds of conduct, such as refusing to leave and obstructing the donor from leaving, and demands to raise donation funds by borrowing or by disposing of a residential building, and it allows a manifestation of intention to donate made while distressed by unjust solicitation to be rescinded (the period for exercising the right is 1 year and 5 years, or 3 years and 10 years, depending on the type). It was promulgated on 16 December 2022 and came into force on 5 January 2023; after 1 April and 1 June, the entry into force of all provisions was completed on 1 June.
Key facts
| The 6 prohibited types of unjust solicitation (Article 4) | ① refusing to leave ② obstructing the donor from leaving ③ accompanying the donor to a place from which it is difficult to leave without telling them that a solicitation will be made ④ obstructing contact for consultation while mixing in intimidating words and behaviour ⑤ exploiting feelings of romantic affection and telling the donor that the relationship will break down ⑥ telling the donor something using knowledge said to come from spiritual insight (霊感) or the like — causing distress to a donor in these ways is prohibited |
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| Prohibition of demands to raise funds (Article 5) | A person must not be required to raise funds for a donation by borrowing, or by disposing of a residential building or the like, or of business assets indispensable to the maintenance of livelihood that are indispensable to the continuation of the business |
| Right of rescission (Article 8) and the period for exercising it (Article 9) | Where a person has made a manifestation of intention to donate while distressed by unjust solicitation, that manifestation may be rescinded. The periods run from the time when ratification becomes possible and from the time of the donation respectively: 1 year and 5 years for types ① to ⑤ under Article 4, and 3 years and 10 years for type ⑥ (telling the donor something using knowledge said to come from spiritual insight (霊感) or the like). Where the case is a consumer contract, however, rescission is made under the Consumer Contract Act |
| Special provision for family members (Article 10) | Where the claim to be preserved is a claim for periodic payments relating to a duty of support and the like (marital expenses, child support and so on), the obligee's right of subrogation may be exercised over the right to rescind a donation (limited to donations of money) under this Act or the Consumer Contract Act and over the claim for the return of the money donated, even before the due date has arrived (under the Civil Code it is possible only for the portion whose due date has arrived) |
| Consultation contact and support (Article 11) | Consumer Hotline 188 (消費者ホットライン). Article 11 provides that efforts are to be made to give the necessary support, such as putting in place an easy-to-use consultation system through stronger cooperation between the Japan Legal Support Center (法テラス) and relevant institutions and organisations, so that recovery from harm and the like can be sought through the appropriate exercise of the right of rescission or the obligee's right of subrogation |
| Duty of consideration (Article 3) | When soliciting a donation, due regard must be paid to three points: ① not suppressing free will so as to put the person in a situation where it is difficult to make an appropriate judgement ② not making it difficult for the donor or the donor's spouse or relatives to maintain their livelihood ③ making clear the corporation or other entity doing the soliciting and leaving no risk of misunderstanding as to the use to which the donated property will be put |
| Scope | “Corporations and other entities” means a corporation, or an association or foundation that is not a corporation and for which a representative or an administrator is designated. In addition to donations made by contract, donations that are not contracts (unilateral acts) are also covered (Article 2) |
| The Act and its purpose | 「法人等による寄附の不当な勧誘の防止等に関する法律」 (Act on Prevention of Unjust Solicitation of Donations by Corporations, Act No. 105 of Reiwa 4). It prohibits unjust solicitation of donations by corporations and other entities and provides for administrative measures and the like against them, and, together with the Consumer Contract Act, seeks to protect people who are solicited for donations |
| Administrative measures and penalties (Articles 6 and 7, Articles 16 to 18) | As to compliance with the duty of consideration (Article 3), where it is clearly recognised that a significant obstacle to the protection of an individual's rights is arising and there is a marked risk of the same obstacle arising, the matters to be complied with may be indicated and a recommendation made, and if it is not followed the fact may be made public (Article 6). For the prohibited acts (Articles 4 and 5), where a violation against unspecified or numerous individuals is recognised and there is a marked risk of its continuing, a recommendation to take the necessary measures may be made, and if the measures are not taken an order is issued and made public (Article 7). Violations relating to Article 7 carry penalties: a fine of not more than 500,000 yen for false reporting and the like, and imprisonment for not more than 1 year or a fine of not more than 1,000,000 yen for violating an order (there is a dual-liability provision) |
| Effective dates | Promulgated on 16 December 2022 → in force on 5 January 2023, the day on which 20 days had passed counting from the day of promulgation, except for some provisions. Articles 5 to 7 and Articles 16 to 18 came into force on 1 April 2023 (Cabinet Order No. 83 of Reiwa 5 set this date), and Article 4 items 3 and 4 and Article 8 (limited to the parts relating to Article 4 items 3 and 4) came into force on 1 June 2023, completing the entry into force of all provisions on that day. A review is to be made with a target of 2 years after entry into force |
| Regard for freedom of religion (Article 12) | In applying the Act, due regard must be paid to freedom of religion and the like, bearing in mind the importance of the role that donations play in the activities of corporations and other entities |
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The Act on Prevention of Unjust Solicitation of Donations by Corporations (「法人等による寄附の不当な勧誘の防止等に関する法律」, Act No. 105 of Reiwa 4) prohibits unjust solicitation of donations by corporations and other entities and provides for administrative measures and the like, and, together with the Consumer Contract Act, seeks to protect people who are solicited for donations. It covers not only donations made by contract but also donations that are not contracts (unilateral acts). Alongside a duty of consideration when soliciting (Article 3), it prohibits six ways of causing distress to a donor (Article 4): refusing to leave; obstructing the donor from leaving; accompanying the donor to a place from which it is difficult to leave without telling them that a solicitation will be made; obstructing contact for consultation while mixing in intimidating words and behaviour; exploiting feelings of romantic affection and telling the donor that the relationship will break down; and telling the donor something using knowledge said to come from spiritual insight (霊感) or the like. Requiring that funds for a donation be raised by borrowing or by disposing of a residential building or the like is also prohibited (Article 5). Where a person has made a manifestation of intention to donate while distressed by unjust solicitation, that manifestation may be rescinded (Article 8). There are, however, periods for exercising the right: for types ① to ⑤ under Article 4 it is 1 year from the time when ratification becomes possible and 5 years from the time of the donation, and for type ⑥ it is 3 years and 10 years; where the case is a consumer contract, rescission is made under the Consumer Contract Act (Article 9). The Act was promulgated on 16 December 2022 and came into force on 5 January 2023 except for some provisions; Articles 5 to 7 and Articles 16 to 18 came into force on 1 April 2023, and Article 4 items 3 and 4 and Article 8 (limited to the parts relating to Article 4 items 3 and 4) came into force on 1 June 2023, completing the entry into force of all provisions on that day. In applying the Act, due regard must be paid to freedom of religion and the like, bearing in mind the importance of the role that donations play in the activities of corporations and other entities (Article 12).
Summaries below are factual notes based on government announcements and primary sources — not evaluations or opinions.
Summaries reflect national-level programs. Municipal (city/ward/town) programs may differ — confirm with the official desk before applying.
FAQ
What kinds of solicitation are prohibited?
Article 4 prohibits causing distress to a donor in these six ways: ① refusing to leave ② obstructing the donor from leaving ③ accompanying the donor to a place from which it is difficult to leave without telling them that a solicitation will be made ④ obstructing contact for consultation while mixing in intimidating words and behaviour ⑤ exploiting feelings of romantic affection and telling the donor that the relationship will break down ⑥ telling the donor something using knowledge said to come from spiritual insight (霊感) or the like. Article 5 prohibits requiring a person to raise donation funds by borrowing, or by disposing of a residential building or the like, or of business assets indispensable to the maintenance of livelihood that are indispensable to the continuation of the business. Separately from these, Article 3 lays down three duties of consideration to be observed when soliciting.
Can a donation already made be undone? Is there a time limit?
Under Article 8, where a person made a manifestation of intention to donate while distressed by unjust solicitation, that manifestation may be rescinded. The periods under Article 9 run from the time when ratification becomes possible and from the time of the donation respectively: 1 year and 5 years for types ① to ⑤ under Article 4, and 3 years and 10 years for type ⑥ (telling the donor something using knowledge said to come from spiritual insight (霊感) or the like). Where the case is a consumer contract, rescission is made under the Consumer Contract Act.
Did the whole Act come into force on 5 January 2023?
No. What came into force on 5 January 2023 (the day on which 20 days had passed counting from the day of promulgation) was the Act except for some provisions. Articles 5 to 7 and Articles 16 to 18 came into force on 1 April 2023, and Article 4 items 3 and 4, together with Article 8 limited to the parts relating to them, came into force on 1 June 2023, completing the entry into force of all provisions on that day.
Can a family member have a donation undone?
Article 10 provides a special rule where the claim to be preserved is a claim for periodic payments relating to a duty of support and the like (marital expenses, child support and so on). For the right to rescind a donation (limited to donations of money) under this Act or the Consumer Contract Act and for the claim for the return of the money donated, the obligee's right of subrogation — which under the Civil Code may be exercised only for the portion whose due date has arrived — may be exercised even before the due date has arrived.
Where can a person get advice if harm has occurred?
According to the Government Public Relations (政府広報) notice posted on the Consumer Affairs Agency's page, a person who has suffered harm, or whose family or acquaintances have, is advised to consult the Consumer Hotline 188 first. The same notice also states that amendments to the Consumer Contract Act and other laws have expanded relief for harm caused by spiritual sales practices (霊感商法) and the like. Article 11 of the Act provides that efforts are to be made to give the necessary support, such as stronger cooperation between the Japan Legal Support Center (法テラス) and relevant institutions, so that recovery from harm can be sought through the appropriate exercise of the right of rescission or the obligee's right of subrogation.