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The Japanese Hanko Seal (Inkan)

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A hanko, also called an inkan, is a seal used by individuals and corporations to stamp a name in ink onto a document.  It is used as an equivalent to a signature or signing your initials.   You should remember that seals carry the same significance as signatures and so should be used judiciously.

A personal hanko usually contains only an individual's last name. A very formal hanko, such as a registered jitsuin (see below), might contain both a last name and a first name.  If you are non-Japanese, you would likely use your name in katakana, although if you have translated your name into kanji and regularly use that form, you would certainly use kanji on your hanko also.  A corporate hanko contains the official name of the company.  There are other special purpose kinds also, such as the daihyousya (representative) hanko which contains the name of a company around the outside and the name of the individual who is the legal representative, the daihyousya, in the center.

Traditionally a personal seal is small and round. while an organization's seal is larger and usually square.  But these days they come in all shapes and sizes.  In theory, each hanko should be unique enough that under close inspection, the impression it left can be distinguished from the impression left by the hanko of another person with the same name.  Such a hanko is likely to be hand carved from wood, stone or other exotic materials such as animal horns, and thus of a more individually identifiable nature. 

You can also buy mass produced hanko's made of rubber or plastic at any stationary store or even at most convenience stores.  These may even be self inking.  But the design of the name is not generally very complex and of course, being mass produced, all hanko's of the same name are identical. Therefore a mass produced hanko is not usually, and should not be used for official or legally binding purposes. Rather they would only be used, for example, to signify that you have seen and read a document circulating to many people inside your company, much the way you might simply check off your name or initial something informally in a western country. 

Important documents regarding bank loans, sale or purchase of real estate, etc. require a registered seal, called a Jitsuin, to be used as a signature. Legally, a Jitsuin is a seal with your name using Kanji or Katakana. and registered at the Town Hall or other local government office.  After being registered, a registered seal card will be issued.  The document certifying that a seal is a Jitsuin is known as a seal registration certificate (Inkan toroku shomeisho). To obtain a seal registration certificate (Inkan toroku shomeisho), you or your proxy (dairi-nin) must show the seal registration card (inkan torokusho) at the Town Resident Division.

Unregistered seals (mitomein) are used at banks, post offices, or wherever a signature is required in the ordinary transactions of daily life. In many instances, however, a foreign person's signature is often accepted in lieu of a seal.  Japanese have culturally regarded having a seal as being very convenient, but things are changing.  Many banks and other institutions are starting to accept signatures from Japanese customers also.

Illicit and Forged Usage

Note that the use of hanko's opens up two possibilities for forgery that a westerner in Japan may not be prepared for.  First of all, someone can physically take your hanko and use it on a document that you know nothing about.  In many cases, such as the hanko for your bank account, it is not required to also show the Seal Registration Certificate. (See below.)  Home thieves often target the owner's bankbook and hanko, which may not be missed for some time after the theft.  It then becomes very difficult to prove that it was not you who stamped the document.  For this reason, you should be very careful about storing a registered hanko (jitsuin) or any hanko that you have used for an "official" purpose, such as open a bank account, in a place where others cannot get it. 

Certainly, if you have any suspicions that your Japanese spouse may be planning to abduct your children or divorce you, you should make sure he or she cannot access your hanko.  They could also use it to stamp your approval on forms that allow a close Japanese relative to adopt your child or simply to transfer legal custody.  They could also empty your bank books, potentially sell the house, or enter into other contracts without your knowledge.   The opportunities for mischief are endless.

The second opportunity for illicit behavior is more subtle.  The Divorce By Mutual Consent form, or other form submitted to a local government office must be stamped with each person's hanko.  The same form is the only thing necessary to specify child custody to one of the ex-spouses.  So a spouse who wants to get custody of the children has some incentive to file this without your knowledge.  Unfortunately, although a Japanese citizen would be required to use a registered seal, this is not the case for a foreigner.  A signature is enough. (Although a foreigner's seal would likely work also.)  And since there is no central registration mechanism for signatures in Japan, not to mention signatures of non-Japanese citizens, it is easy for a Japanese spouse to forge your signature on a divorce form.  See our page on Forged Signatures on Faked Divorce and Child Custody Agreements for more information including ways to prevent this.  If you think this could never happen, see Yamila Castellanos' story.

It has also been reported that one can "copy" and hanko impression simply by applying scotch tape over the impression, rubbing very hard, and then pressing the tape on the document you want to copy the hanko mark to.  Although it is unclear to me how you get the tape off the original without tearing the paper, there are obviously similar materials that might accomplish the same thing.

Seal Registration (Inkan Toroku)

Seal Registration (Inkan Toroku) is the system by which residents register impressions of their seals at the municipal office of the area where they live.  The Seal Registration Certificate (Inkan Toroku Shomeisho) is the document which proves the seal is registered at the municipal office. Both are required for important contracts or for the purchase of lands, houses, vehicles, or other expensive items.  A seal registered at the ward office is referred to as a registered legal seal (jitsuin) and is used for official transactions such as completing important contracts; purchases of cars, houses, rental agreements etc.. In Japan, a Registered Seal Certificate (inkan toroku shomeisho) must be attached to prove the authenticity of the seal. Apply to register your personal seal at the ward office where you are registered.

Who Can Register a Seal?

Anyone who is a registered foreign resident, age 15 or older is eligible to register a seal. Usually, the bearer of the seal must be the registrant.  But In the event of illness or some other cause which prevents the bearer from appearing in person to register the seal, a representative can register the seal in his/her place. In the event that the bearer does not have an Alien Registration Certificate or other form of identification, a witness who has a registered seal and is 20 years of age or older who will attest to the identity of the bearer is needed.

What Kind of Seals Can Be Registered?

Seals which are engraved with the bearer's full name, first name or last name and in the same script as it appears on the Alien Registration Certificate; or, seals which are engraved with the bearer's full name, first name or last name and in the same script as it appears on other forms of identifications such as a bank passbook or driver's license can be registered. Nicknames which do not appear on recognized forms of identification cannot be registered. Initials can be used for only one part of the name for a registered seal. For example, the name Mary Smith can appear as "M. Smith" or "Mary S." in roman script or katakana, but the initials, "M.S.", alone cannot be used for a registered seal.

In addition, there are limitations on what materials can be used to make registered seals. When purchasing a seal which you plan to register as a "jitsuin" it is advisable to inform the maker to be sure that the material you have chosen for the seal can be used for a registered seal.

Seal Registration Procedure (Inkan Toroku no Tetsuzuki)

Anyone 15 years of age or older who has a Registration Card (gaikoku-jin toroku shomeisho) may register a personal seal. When applying in person, bring the seal you wish to register and your Registration Card. The registration procedure takes approximately 10~30 minutes. You can also have a proxy register your seal. Only one seal per person can be registered. A seal may be registered if it bears the surname, first name or alias in KANA, KANJI or ALPHABET as registered at Non-Japanese Registration.

Registered Seal Certificate (Inkan Toroku Shomeisho)

When you register your personal seal you will be issued a card (inkan torokusho) which proves that your seal (impression) has been registered. Submit this card, not the seal, in person or by proxy (dairinin). A proxy needs a Power of Attorney (ininjo) when applying for a Registered Seal Certificate on your behalf.   This document authenticates a seal's impression on documents of a legal or contractual nature.

See this section on how to find the location of the Japanese local government office where you must go to register or do other administrative actions on a hanko.  You can get a copy of the form to do this and further information on how to do this on our Japanese Family Law Related Forms section.  (Not there yet.  Please see link below for forms from another locations.)

Repealing Your Seal Registration

You can repeal the registration if you wish.  We are looking for further information on why you would want to do that and how.

TBD

Resources

Forms for registering your Hanko, if you lose it, repealing it, etc.


The information on this website concerns a matter of public interest, and is provided for educational and informational purposes only in order to raise public awareness of issues concerning left-behind parents. Unless otherwise indicated, the writers and translators of this website are not lawyers nor professional translators, so be sure to confirm anything important with your own lawyer.
 Last modified: March 19, 2007 Copyright © 2003-2006 Contact us 
 URL of this page is http://www.crnjapan.com//references/en/hanko.html