최근 일본의 개정회사법상 사채관리보조자에 관한 검토

Abstract

The bond administrator system in Japan was introduced with the amendment to the Companies Act in 1993. However, in practice, few people wanted to become a bond administrator because of the onerous duties and responsibilities of bond administrators. In addition, there were high costs for a bond administrator. Therefore, when the Companies Act was amended in 2019, the bond administrative assistant system was established. The bond administrator has comprehensive authority for administering bonds with a wide range of discretion. On the other hand, the bond administrative assistant system requires that a bond administrative assistant, a third party, assists in bond administration for bond holders on the premise that bond holders will administer bonds by themselves.<BR> Therefore, the scope of authority and discretion of a bond administrative assistant is more limited than that of a bond administrator. As such, bond administrative assistants do not have a wide range of discretion for administering bonds on their own. Rather a bond administrative assistant provides assistance in the administration of bonds by bond holders, such as ① reporting bankruptcy claims of bond holders and ② in the case of a claim by a bond holder, providing help in administering the bonds, such as through organizing a meeting of bond holders. This article reviews the overall bond administrative assistant system and considers the effectiveness of Korean legislation.