PROFESSIONALS

Koji FUKATSU


Practice Area


Education

Legal Training and Research Institute of the Supreme Court of Japan (2003-2004)
Duke University School of Law (LL.M., 1992)
University of Tokyo (LL.B., 1988)

Admission

Japan (2004)
New York (1993)

Experience

A member of the Legal, Accounting and Tax Expert Group in the Domestic CER Promotion Committee (2009-Present)
TMI Associates (Associate, 2007-2013; Partner, 2014-Present)
Secretary to Mr. Toshiharu Furukawa, Member of the House of Councillors (2007-2008)
Asahi Koma Law Offices (Associate, 2004-2006)
Financial Institution (1988-1999)

Languages

Japanese / English

Memberships

Tokyo Bar Association
k-fukatsu
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Articles & Publications

2014/06/03 ARTICLE “Legal Practice and Points to Consider in ABL (Asset Based Lending) Regarding Solar Power”
2014/01/01 ARTICLE “Electricity System Reform and Renewable Energy”
2013/05/17 BOOK “Law and Practice on Renewable Energy”
2012/02/15 ARTICLE “Soil Contamination and Tortious Liability from Omission and Claims to Remove Disturbance: The Decision on January 16, 2012 by the Tokyo District Court”
2011/10/20 BOOK “Tax Law for Lawyers [the Companies Act Section]: 6th Edition (New Edition)”
2011/07/31 BOOK “Legal Consultation for Companies Regarding the Earthquake Disaster and Recovery from the Disaster -Based on the Experiences of the Great East Japan Earthquake-”
2011/03/23 BOOK “Restructuring Medical and Healthcare Enterprises”
2010/08/11 BOOK “Legal Issues of Soil Contamination”
2009/08 ARTICLE “The Revised Soil Contamination Countermeasures Act”
2009/04/01 ARTICLE “Soil Contamination and Countermeasures (Part 2 of 2)”
2009/03/15 ARTICLE “Soil Contamination and Countermeasures (Part 1 of 2)”
2009/02/06 BOOK “Collective Investment Schemes under the Financial Instruments and Exchange Act: 100 Q&A”
2009/01 ARTICLE TMI’s attorneys wrote articles published in The Lawyers.
2008/10/15 ARTICLE “Soil Contamination and ‘Latent Defect’ in the Tokyo High Court Decision of September 25, 2008 ”
2008/09/01 ARTICLE “Legal Issues Regarding Japans Emissions Trading Scheme (Volume 1)”
2008/09/15 ARTICLE “Legal Issues Regarding Japans Emissions Trading Scheme (Volume 2)”
2008/03/15 ARTICLE “EU Emissions Trading Scheme – As a Reference to Introduce Emissions Trading Scheme into Japan”

Other Articles & Publications

  • "M&A of Reneable Energy Generation Business" Energy & Electricity News
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Seminars & Lectures

2018/01/30EXTERNAL “M&A in the Renewable Energy Business and Financing by Securitization”
2018/01/11EXTERNAL “M&A in the Renewable Energy Business and Financing by Securitization – with Reference to Securitization Using a GK-TK Scheme”
2017/11/09EXTERNAL “M&A in the Renewable Energy Business and Financing through Liquidation”
2017/05/09EXTERNAL “M&A in the Renewable Energy Business and Financing through Liquidation”
2017/04/28EXTERNAL “Financing in the Purchase and Sale of Renewable Energy Generation Facilities and Shares of Special Purpose Companies for the Power Generation Business, and Financing in the Liquidation of Power Generation Facilities”
2017/04/25EXTERNAL “Practical Issues Regarding M&A in the Renewable Energy Business”
2016/08/31MONTHLY “Recent Developments Regarding Renewable Energy such as the Amendment to the Act on Special Measures and Responses Thereto – the Amendment to the Act on Special Measures Concerning the Procurement of Renewable Electric Energy by Operators of Electric Utilities, Acquisition of Power Generation Facilities after the Commencement of Operation, Fund Formation and Listed Infrastructure Funds”
2016/08/24EXTERNAL “Latest Trends in the Complete Deregulation of the Retailing of Gas and Legal Points of Attention – Detailed Explanation on Points Which Existing Operators and New Entrants Should Note”
2016/08/01EXTERNAL “Issues Concerning the Complete Deregulation of Gas Retailing in 2017 and Countermeasures Therefor”
2016/07/27EXTERNAL “The Advent of the Full-fledged Deregulation of Gas Retailing Following the Deregulation of Electricity Retailing and Legal Points to Consider When Entering the Gas Business”
2016/07/22EXTERNAL “Points on the Amendment to the Act on Special Measures Concerning the Procurement of Renewable Electric Energy by Operators of Electric Utilities (the FIT Act) and Matters to Consider When Purchasing Power Generation Facilities”
2016/07/11EXTERNAL “The Amendment to the Act on Special Measures Concerning the Procurement of Renewable Electric Energy by Operators of Electric Utilities and Countermeasures Therefor: Points to Consider When Obtaining Power Generation Facilities after the Commencement of Operation”
2015/12/08EXTERNAL “Responding to Rapid Changes: The Latest Trends and Legal Practice Relating to Entry into the Electricity Retailing Market”
2015/11/30EXTERNAL “Recent Trends in the Power Industry such as Renewable Energy Projects and Countermeasures Therefor – Investments in Projects after the Commencement of the Operation, the Deregulation of Electricity Retailing, and Points to Keep in Mind in Wind Power Generation and Biomass Power Generation, Etc.”
2015/11/25EXTERNAL “Complete Deregulation of the Retailing of Gas and Legal Points of Attention”
2015/11/09EXTERNAL “The Complete Deregulation of Electricity Retailing and Legal Points to Note – Primarily for Newcomers to the Market and Existing Power Companies”
2015/10/09EXTERNAL “Responding to Rapid Changes: Legal Practice Relating to Entry into the Electricity Retailing Market”
2015/09/01EXTERNAL “The Complete Deregulation of Electricity Retailing and Possible Legal Points to Note”
2015/08/26EXTERNAL “Legal Practice and Points to Consider in Contracts Relating to Funding for Renewable Energy Projects”
2015/07/02EXTERNAL “The Complete Deregulation of Electricity Retailing and Possible Legal Points to Note in Joining the Market”
2015/02/05MONTHLY “Possible Legal Points to Note in Entering the Electric Power Industry after the Complete Deregulation of Electricity Retailing”
2015/01/28EXTERNAL “The Latest Trends and Issues in Renewable Energy Projects”
2014/12/16EXTERNAL “The Complete Deregulation of Electricity Retailing and Possible Legal Points to Note”
2014/12/03EXTERNAL “Measures to Avoid Pitfalls for Business Owners who Consider the Complete Liberalization of Electricity Retailing as a Business Opportunity”
2014/12/02EXTERNAL “Legal Points in Wind Power, Biomass, Small and Medium-sized Hydro, and Geothermal Energy Projects”
2014/11/05EXTERNAL “How to Work on Wind Power (on Land/Offshore), Biomass, Small Hydro and Geothermal Energy and Individual Points to Note Regarding the Provisions of Related Contracts”
2014/09/05EXTERNAL “Legal Practice and Issues Regarding Contracts Concerning Loans for Renewable Energy Projects”
2014/07/24EXTERNAL “Legal Issues Foreseen in Association with the Amendment to the Electricity Business Act and the Influence of the Amendment – In Preparation for the Complete Liberalization of the Retailing of Electric Power in 2016”
2014/07/11EXTERNAL “Legal Points to Consider in Renewable Energy Project besides Solar Power”
2014/07/11EXTERNAL “Legal Issues Regarding Renewable Energy Projects other than Photovoltaics”
2014/06/11EXTERNAL “Legal Practice and Points to Consider in Contracts Related to Funding for Renewable Energy Project”
2014/05/27EXTERNAL “Legal Points to Consider on Renewable Energy Project for Solar and Other Powers”
2014/05/19EXTERNAL “Legal Points to Consider Regarding Renewable Electricity Business Besides Solar Power”
2014/02/12EXTERNAL “Hold on a second! Risks and Countermeasures For Anyone Considering Entering into the Electricity Business Now – Issues that Expanding Companies are Facing and Risk Management Taken by Companies Planning to Expand Abroad”
2014/01/29EXTERNAL “Entry Regulation Under Revised Electricity Business Act and Effect of Electricity System Reform”
2013/12/12EXTERNAL “Legal Practice and Points to Consider in Various Contracts on Renewable Energy Projects”
2013/11/27EXTERNAL “Unexpected ‘Pitfall’ and Practical Points to Consider In Contracts on Renewable Energy Project”
2013/11/19EXTERNAL “Legal Points to Consider and the Practical Effects of Revisions of the Electricity Business Act – Full Liberalization of Generation and Retail of Electricity, Neutrality of the Transmission and Distribution Department, etc.”
2013/10/29EXTERNAL “Current Status of Regulations for Entering into the Electricity Business and Legal Countermeasures and Practices on System Reforms and the Possible Effects on Business”
2013/09/04EXTERNAL “Practice and Points to Consider in Various Contracts on Renewable Energy Business”
2013/08/30EXTERNAL “Regulations on Entering into the Electricity Business”
2013/08/20EXTERNAL “Unexpected ‘Pitfall’ and Cautions for Regarding Renewable Energy Project”
2013/07/26EXTERNAL “Important Points in Contracts Related with Renewable Energy Projects”
2013/06/28EXTERNAL “Legal Practice Strategy Associated with ‘Reform on Electricity System and Revision of the Electricity Business Act’”
2013/05/20EXTERNAL “Various Contracts on Renewable Energy Projects”
2013/04/23EXTERNAL “Financing Related to Renewable Energy Projects”
2013/03/01EXTERNAL “Financing, Relationship of Rights, and Various Agreements Related to Renewable Energy Projects”
2013/01/29EXTERNAL “Financing and Funding on Renewable Energy Projects”
2012/11/15EXTERNAL “Points to be Noted when Starting and Operating Renewable Energy Power Business – Contracts, Financing and Setting-up of Funds”
2012/10/31EXTERNAL “Renewable Energy Power Generation – Contractual Points to Consider, Financing, and Setting-up of Funds”
2012/09/26EXTERNAL “Renewable Energy –Financing and Setting-up of Funds”
2012/08/09EXTERNAL “Finance and Creation of Funds for Renewable Energy: Considering Structures of Project Company (SPC)”
2012/07/30EXTERNAL “Laws and Regulations regarding Renewable Energy”
2012/07/24EXTERNAL “How to Deal With Environmental Liability – Focusing on Soil Contamination”
2012/07/13EXTERNAL “Points and Precautions on Act on Special Measures Concerning Procurement of Renewable Electric Energy by Operators of Electric Utilities”
2012/06/28EXTERNAL “Issues of Legal and Tax Practices, etc., and Risk Management that each SPC (Special Purpose Company) Faces on the Basis of the Act on Special Measures concerning Renewable Energy (Enforced on July 1, 2012), Related Governmental and Ministerial Ordinances and Announcements, the Electricity Business Act and other Frameworks”
2012/05/11EXTERNAL “Renewable Energy Purchase Systems and Special Purpose Companies (SPC)”
2012/04/10EXTERNAL “Renewable Energy Purchase Systems and Special Purpose Companies (SPC)”
2011/12/14EXTERNAL “Legal Points of the Recyclable Energy Purchase System and the Measures”
2011/11/29EXTERNAL “Legal Points of the Recyclable Energy Purchase System and the Measures”
2011/10/28EXTERNAL “Legal Issues in Recyclable Energy Purchase System and the Handling of the Issues”
2011/10/13EXTERNAL “Problems between Electric Suppliers which Purchase Electricity and Specific Suppliers which Sell Electricity, and Legal Measures thereof”
2009/05/11EXTERNAL “‘The Revised Soil Contamination Countermeasures Act’ and Recent Precedents”
2009/04/14EXTERNAL “Revision of the Soil Contamination Countermeasures Act and Recent Precedents”
2009/02/05EXTERNAL “The Latest Trends regarding the Discussion on the Revision of the Soil Contamination Countermeasures Act and Measures against a Series of Precedents”
2009/01/23EXTERNAL “Recent Legal Issues regarding Emissions Trading: An Emphasis on Trial Implementation of the Domestic Integrated Market of Emissions Trading, which Started last October”
2008/12/19EXTERNAL “Responses to the Legal Issues Regarding Japan’s Emissions Trading Scheme Upon the Commencement of the ‘Trial Implementation of the Domestic Integrated Market of Emissions Trading’”
2008/12/04EXTERNAL “Legal Issues Regarding Japan’s Emissions Trading Scheme”
2008/11/27EXTERNAL “Legal Issues Regarding Japan’s Emissions Trading Scheme: Finally Commencing ‘Trial Implementation of the Domestic Integrated Market of Emissions Trading’”
2008/11/21EXTERNAL “Legal Issues Regarding Japan’s Emissions Trading Scheme: Commencement of the ‘Trial Implementation of the Domestic Integrated Market of Emissions Trading’”

Other Seminars & Lectures

  • "Legal Practices for Countermeasures against Corporate Soil Contamination Based on Trends regarding the Revision of the Soil Contamination Countermeasures Act and the Latest Precedents"